VAPP ACT AS ADVOCACY TOOL
IN CURBING SGBV IN NIGERIA
AMARACHI MAY UFOMBA,
FEDERATION INTERNATIONAL DE ABOGADAS (NIG.) ABUJA
maylovemail@yahoo.com
Workshop for Civil Society Groups, Media,
Local and International Development
Partners from the North West, Kano State, 30th
July 2015.
How far with the VAPP Bill
• The Violence Against Persons Prohibition Bill
was passed by the House of Reps and the Senate
in 2013 and 2015 respectively.
• By 8/5/2015 all the legislative processes for
transmission of the Bill to Mr. President was
completed. The Bill was signed into Law by Mr.
President on 28/05/2015
• It is now the VAPP Act 2015
The right to a life free from violence
as part of Human/Women’s rights
‘HUMAN RIGHTS’ are the intrinsic values that give all human
beings dignity. (Universal Declaration of Human Rights - UDHR)
•We are born with these rights and equal in our dignity as Men, women,
girls & boys. Part of our humanity.
•It includes the rights of each person to freedom, justice and peace.
•Specific protection to women against Gender Based Violence(GBV)
is part of national legislation and International Conventions on
human/women’s rights (CEDAW, Maputo Protocol & VAPP Act)
What is Gender Based Violence (GBV)
“Any act of violence that is directed against a person
on the basis of gender.”
Facts on Adult Sexual Violence
 Private Spaces In Homes & Confidential Settings
 Existing Ties Mostly in Relationships
 Social Tolerance Justified by Culture or Faith
 Systemic Deep Set, Recurring & Skewed Expression of ‘Love’
 Un Reported Survivors Lack Capacity to Report
 Limitations to Policing Privacy Violations
Scale & Impact of Adult SGBV in Nigeria
Scale & Impact of Adult SGBV in Nigeria
Adults of reproductive age face greater risk of sexual
harassment and violence in schools, markets, motor parks
etc.
 Fear of stigmatization or lack of trust in the justice
system limits support for adult survivors.
Defensive behaviour prevents truthful disclosure.
Most ASGBV
Survivors have suffered
some form of sexual
abuse in early childhood
Managing Adult Survivors
Counselling services to build
survivor confidence to live on
Constant affirmation of survivor
Encourage safe
communication for expression
Sensitization against SGBV re-
enforcing social practices
Link survivors to support
structures and services
Encourage demand for justice
& accountability of offenders to
help adult survivors acheive
closure
BEHAVIOR TRENDS INCLUDE:
X Hidden or open
aggression
X Withdrawn & suspicious
X Bitter against specific
persons in their lives
X Not very successful
BEHAVIOR TRENDS INCLUDE:
X Hidden or open
aggression
X Withdrawn & suspicious
X Bitter against specific
persons in their lives
X Not very successful
Any violence against women
including those occurring
within the family should be
treated as a crime and not as
a private or family issue.
Any violence against women
including those occurring
within the family should be
treated as a crime and not as
a private or family issue.
Responsibilities of First-Responding Officers
 Attend to the victim
 Be careful not to stigmatize or victimize the person
 Secure and protect the crime scene and/or preserve
evidence on victim (information for not taking a shower,
nothing to drink, not brushing teeth, or removing any clothes
prior medical examination and report)
 Take actions to identify, arrest, and/or refer charges
on the suspect;
 Refer victims to social services or
coordinated Centres that provide support to GBV and
sexual violence survivors (legal, medical, and social
services
Responsibilities of First-Responding Officers
Identify and Document:
the identity of anyone whom the victim may have told about the
assault, or who may have seen or heard anything before, during or
after the assault.
detailed information concerning the assault; any evidence of
physical injuries visible on the victim’s body; identity of the offender
(when unknown, obtaining information of suspect(s), including detailed physical
description, clothing, facial features, marks, distinctive walk, type of vehicle, etc.)
Provide the survivor with transport to a forensic medical facility or
arrange for forensic examination of the suspect as requested/
needed;
Provide women survivors the option to speak with women or
officials specialized in GBV
Promptly complete a detailed report of the sexual assault and
make it available to survivors, as reports aid survivors in pursuing
protection orders
Source: International best practices and guidelines for police response on sexual offences, Pocket Guide for Police Response to Sexual Assault
Overview of the VAPP
ACT
•The Violence Against Persons Prohibition Act
Seeks To Eliminate Violence In Private and Public
Life
•Prohibits All Forms of Violence including
physical, sexual, psychological, domestic,
harmful traditional practices & discrimination
•Provides maximum protection and effective
remedies for victims and punishment of
offenders
Overview of VAPP ACT
(CON’T)
•It protects the rights of Nigerians against violence, and GBV in
particular.
•It addresses the gaps in current laws on violence in private and
public spaces as in the Penal Code and Criminal Law to ensure
an effective protection of citizens against all forms of violence.
•It supercedes any other provision on similar offences in the
criminal code, penal code and criminal Law. See S45 (2)
•It criminalizes violence against ALL persons, providing
corresponding penalties for offences in order to halt the high
level of impunity of offenders, including domestic violence in all
its ramifications.
Improvements of VAPP ACT in relation to Penal
Code & Criminal Law
• New forms of violence that are not provisioned in the Penal Code
(Coercion S.3, Offensive conduct S.5, Prohibition of Genital Mutilation S.6,
Harmful Traditional Practices S.20, Forced Financial Dependence or Economic
Abuse S.12, Forced isolation or separation from family and friends S.13,
Emotional verbal and psychological abuse S.14, Abandonment of spouse, children
and other dependent without sustenance S.16, stalking S.17, Spousal/partner
Battery S.19, Political violence S.23). See part 1 of the Act
• Institutional support for protection of the victim from further abuse
through the issuance and enforcement of court protection and
• Restraining order. (Part 2, especially S.28)
Main Features of VAPP Act
 A comprehensive definition of GBV, recognizing
violence in all contexts as an offence.
 Provision for protection orders to prevent further violation
pending measures. This is to curtail and mitigate on the
short term the abuse of persons especially in private
spaces. S. 28 (1-6)
 Specific role allocation for institutions especially the
police in handling reports and prosecution of GBV. S.32
 Extension of locus for reporting and seeking prosecution
of GBV offences. S.33
VAPP ACT Features contd’
 An institutional mechanism (Commission) for
implementation of the provisions of the Act,
monitoring, support and rehabilitation of survivors of
GBV. S.38©
 Recognition for the values of cohesion and
responsibilities within the family and in circumstances
of GBV.
 Accommodation for arbitration by recognized
institutions as an option before litigation.
 Inclusive and process driven with landmark potential
for prohibiting and protecting women from violence in
public and private spaces.
Police Duties as provisioned in VAPP ACT
A police officer at the scene of an incident of violence or as soon as
possible; or to who a report of violence has been made - Has the duty of:
 Assisting the victim to file a complaint;
 Providing/arranging safe transport for the victim to an alternative residence, safe place or
shelter where such is required;
 Arranging transportation for the victim to the nearest medical facility for treatment of
injuries where such treatment is needed.
 Explaining to the victim his/her rights to protection against violence and remedies provided
under VAPP Act; including that she has the right to lodge a criminal complaint
 Accompanying the victim to victim’s residence to collect personal belongings
 Any Police officer may arrest (with or without and order from the Court or a warrant of
arrest):
- any person whom he/she suspects upon reasonable grounds to have committed any
offences under the law
- Any person against whom a complaint was made for having committed these offences
A Police officer shall have the power to remove any dangerous weapon used in order to commit an act of
violence; to perform any other act considered necessary in order to ensure the safety and well being of the
complainant.
Services providers as provisioned
in VAPP Act
• Provide support to the complainant, by
providing legal aid, medical, financial or other
assistant. See (part 3)
• Register with corporate Affairs Commission
and with the state Government as a provider
for the purpose of this Act. S.40
• Record the violence incidence report in the
prescribed form.
• Get the aggrieved person medically examined
and froward a copy of the medical report to
the protection officer/police officer.
• Provide the aggrieved person with shelter in a
shelter home
Importance in curbing SGBV 
• A more comprehensive definition of rape
• Severe punishment for the convicted rapists and other
sexual offences
• Compensation for rape victims
• Institutional support for protection from further abuse
through protection order to limit the occurrence of
further abuse in domestic/intimate relationship
• Agencies and trust fund to support rehabilitation of
victims and monitoring of the implementation of the
law
Interventions and services on GBV should and
guarantee women’s and girls’ rights to safety and
security, confidentiality and privacy, expression of
opinion and autonomy to make decisions, including
as related to health, protection and judicial processes.
(UNDAW and UNODC, 2005)
TIME FOR ACTION TO END VIOLENCE
 

VAPP BILL MATERIALS

  • 1.
    VAPP ACT ASADVOCACY TOOL IN CURBING SGBV IN NIGERIA AMARACHI MAY UFOMBA, FEDERATION INTERNATIONAL DE ABOGADAS (NIG.) ABUJA maylovemail@yahoo.com Workshop for Civil Society Groups, Media, Local and International Development Partners from the North West, Kano State, 30th July 2015.
  • 2.
    How far withthe VAPP Bill • The Violence Against Persons Prohibition Bill was passed by the House of Reps and the Senate in 2013 and 2015 respectively. • By 8/5/2015 all the legislative processes for transmission of the Bill to Mr. President was completed. The Bill was signed into Law by Mr. President on 28/05/2015 • It is now the VAPP Act 2015
  • 3.
    The right to a lifefree from violence as part of Human/Women’s rights ‘HUMAN RIGHTS’ are the intrinsic values that give all human beings dignity. (Universal Declaration of Human Rights - UDHR) •We are born with these rights and equal in our dignity as Men, women, girls & boys. Part of our humanity. •It includes the rights of each person to freedom, justice and peace. •Specific protection to women against Gender Based Violence(GBV) is part of national legislation and International Conventions on human/women’s rights (CEDAW, Maputo Protocol & VAPP Act)
  • 4.
    What is GenderBased Violence (GBV) “Any act of violence that is directed against a person on the basis of gender.”
  • 5.
    Facts on AdultSexual Violence  Private Spaces In Homes & Confidential Settings  Existing Ties Mostly in Relationships  Social Tolerance Justified by Culture or Faith  Systemic Deep Set, Recurring & Skewed Expression of ‘Love’  Un Reported Survivors Lack Capacity to Report  Limitations to Policing Privacy Violations
  • 6.
    Scale & Impactof Adult SGBV in Nigeria
  • 7.
    Scale & Impactof Adult SGBV in Nigeria Adults of reproductive age face greater risk of sexual harassment and violence in schools, markets, motor parks etc.  Fear of stigmatization or lack of trust in the justice system limits support for adult survivors. Defensive behaviour prevents truthful disclosure.
  • 8.
    Most ASGBV Survivors havesuffered some form of sexual abuse in early childhood Managing Adult Survivors Counselling services to build survivor confidence to live on Constant affirmation of survivor Encourage safe communication for expression Sensitization against SGBV re- enforcing social practices Link survivors to support structures and services Encourage demand for justice & accountability of offenders to help adult survivors acheive closure BEHAVIOR TRENDS INCLUDE: X Hidden or open aggression X Withdrawn & suspicious X Bitter against specific persons in their lives X Not very successful BEHAVIOR TRENDS INCLUDE: X Hidden or open aggression X Withdrawn & suspicious X Bitter against specific persons in their lives X Not very successful Any violence against women including those occurring within the family should be treated as a crime and not as a private or family issue. Any violence against women including those occurring within the family should be treated as a crime and not as a private or family issue.
  • 9.
    Responsibilities of First-RespondingOfficers  Attend to the victim  Be careful not to stigmatize or victimize the person  Secure and protect the crime scene and/or preserve evidence on victim (information for not taking a shower, nothing to drink, not brushing teeth, or removing any clothes prior medical examination and report)  Take actions to identify, arrest, and/or refer charges on the suspect;  Refer victims to social services or coordinated Centres that provide support to GBV and sexual violence survivors (legal, medical, and social services
  • 10.
    Responsibilities of First-RespondingOfficers Identify and Document: the identity of anyone whom the victim may have told about the assault, or who may have seen or heard anything before, during or after the assault. detailed information concerning the assault; any evidence of physical injuries visible on the victim’s body; identity of the offender (when unknown, obtaining information of suspect(s), including detailed physical description, clothing, facial features, marks, distinctive walk, type of vehicle, etc.) Provide the survivor with transport to a forensic medical facility or arrange for forensic examination of the suspect as requested/ needed; Provide women survivors the option to speak with women or officials specialized in GBV Promptly complete a detailed report of the sexual assault and make it available to survivors, as reports aid survivors in pursuing protection orders Source: International best practices and guidelines for police response on sexual offences, Pocket Guide for Police Response to Sexual Assault
  • 11.
    Overview of theVAPP ACT •The Violence Against Persons Prohibition Act Seeks To Eliminate Violence In Private and Public Life •Prohibits All Forms of Violence including physical, sexual, psychological, domestic, harmful traditional practices & discrimination •Provides maximum protection and effective remedies for victims and punishment of offenders
  • 12.
    Overview of VAPPACT (CON’T) •It protects the rights of Nigerians against violence, and GBV in particular. •It addresses the gaps in current laws on violence in private and public spaces as in the Penal Code and Criminal Law to ensure an effective protection of citizens against all forms of violence. •It supercedes any other provision on similar offences in the criminal code, penal code and criminal Law. See S45 (2) •It criminalizes violence against ALL persons, providing corresponding penalties for offences in order to halt the high level of impunity of offenders, including domestic violence in all its ramifications.
  • 13.
    Improvements of VAPPACT in relation to Penal Code & Criminal Law • New forms of violence that are not provisioned in the Penal Code (Coercion S.3, Offensive conduct S.5, Prohibition of Genital Mutilation S.6, Harmful Traditional Practices S.20, Forced Financial Dependence or Economic Abuse S.12, Forced isolation or separation from family and friends S.13, Emotional verbal and psychological abuse S.14, Abandonment of spouse, children and other dependent without sustenance S.16, stalking S.17, Spousal/partner Battery S.19, Political violence S.23). See part 1 of the Act • Institutional support for protection of the victim from further abuse through the issuance and enforcement of court protection and • Restraining order. (Part 2, especially S.28)
  • 14.
    Main Features ofVAPP Act  A comprehensive definition of GBV, recognizing violence in all contexts as an offence.  Provision for protection orders to prevent further violation pending measures. This is to curtail and mitigate on the short term the abuse of persons especially in private spaces. S. 28 (1-6)  Specific role allocation for institutions especially the police in handling reports and prosecution of GBV. S.32  Extension of locus for reporting and seeking prosecution of GBV offences. S.33
  • 15.
    VAPP ACT Featurescontd’  An institutional mechanism (Commission) for implementation of the provisions of the Act, monitoring, support and rehabilitation of survivors of GBV. S.38©  Recognition for the values of cohesion and responsibilities within the family and in circumstances of GBV.  Accommodation for arbitration by recognized institutions as an option before litigation.  Inclusive and process driven with landmark potential for prohibiting and protecting women from violence in public and private spaces.
  • 16.
    Police Duties asprovisioned in VAPP ACT A police officer at the scene of an incident of violence or as soon as possible; or to who a report of violence has been made - Has the duty of:  Assisting the victim to file a complaint;  Providing/arranging safe transport for the victim to an alternative residence, safe place or shelter where such is required;  Arranging transportation for the victim to the nearest medical facility for treatment of injuries where such treatment is needed.  Explaining to the victim his/her rights to protection against violence and remedies provided under VAPP Act; including that she has the right to lodge a criminal complaint  Accompanying the victim to victim’s residence to collect personal belongings  Any Police officer may arrest (with or without and order from the Court or a warrant of arrest): - any person whom he/she suspects upon reasonable grounds to have committed any offences under the law - Any person against whom a complaint was made for having committed these offences A Police officer shall have the power to remove any dangerous weapon used in order to commit an act of violence; to perform any other act considered necessary in order to ensure the safety and well being of the complainant.
  • 17.
    Services providers asprovisioned in VAPP Act • Provide support to the complainant, by providing legal aid, medical, financial or other assistant. See (part 3) • Register with corporate Affairs Commission and with the state Government as a provider for the purpose of this Act. S.40 • Record the violence incidence report in the prescribed form. • Get the aggrieved person medically examined and froward a copy of the medical report to the protection officer/police officer. • Provide the aggrieved person with shelter in a shelter home
  • 18.
    Importance in curbingSGBV  • A more comprehensive definition of rape • Severe punishment for the convicted rapists and other sexual offences • Compensation for rape victims • Institutional support for protection from further abuse through protection order to limit the occurrence of further abuse in domestic/intimate relationship • Agencies and trust fund to support rehabilitation of victims and monitoring of the implementation of the law
  • 19.
    Interventions and serviceson GBV should and guarantee women’s and girls’ rights to safety and security, confidentiality and privacy, expression of opinion and autonomy to make decisions, including as related to health, protection and judicial processes. (UNDAW and UNODC, 2005)
  • 20.
    TIME FOR ACTIONTO END VIOLENCE