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The Pursuit of Justice and the Burden of Silence

Post author By Funke Baruwa
Post date October 30, 2023
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The Pursuit of Justice and the Burden of Silence

As many as 15 students came forward with allegations, agreeing to testify against the professor in court.

Gender-based violence, particularly sexual violence, remains a pervasive global issue, with survivors often facing significant challenges seeking justice and support. The recent case of Prof. Cyril Ndifon, a respected figure at the University of Calabar in Nigeria, has sparked a heated debate that exemplifies the complexity of addressing sexual assault allegations in a society deeply influenced by social norms— the shared standards of acceptable behaviours prevalent among any group of people.

Prof. Cyril Ndifon, a renowned academic and the Dean of the Faculty of Law at the University of Calabar, was recently accused of sexual assault by multiple individuals. As many as 15 students came forward with allegations, agreeing to testify against the professor in court. The high-profile nature of the case and the student protests against the department helped bring the case to the forefront of public attention, yet again igniting conversations about women’s safety on Nigeria’s campuses and the state of gender-based violence in the nation.

Despite the extensive awareness from the BBC’s Sex for Grades documentary, sexual exploitation of students has not decreased. The documentary exposed the pervasive state of sexual harassment in our institutions of learning, yet several instances of sexual harassment have been reported since the documentary aired.

Social Norms & Responses to GBV

Social norms are the deeply ingrained beliefs and behaviors that guide societal expectations and interactions. These norms shape our perceptions of right and wrong, influencing our responses to various situations and, in this case, allegations of sexual assault. Rather, unfortunately, the culture of silence around instances of violence against women, including sexual assault, is also a norm which has influenced the underreporting of such cases in Nigeria, and even when reported, the conviction rates are abyssmal, which further encourages the silence of survivors.

With the case of Prof. Cyril Ndifon, we are witnessing how social norms shape public opinion and responses to the allegations of sexual assault where multiple victims have spoken out against an alleged perpetrator. This is particularly the case where the power asymmetry between the alleged perpetrator and victim is evident. Survivors of abuse, sexual and otherwise, are often subjected to skepticism, disbelief, and blame. A phenomenon that inadvertently discourages other survivors from coming forward, fearing judgment and backlash. In the Ndifon case, we are witnessing the dismissal of the allegations as attempts to tarnish a respected figure’s reputation or promote a political agenda, reflecting a societal bias favoring and protecting the accused over believing survivors.

It is important to hold all individuals, including government officials, accountable for perpetuating a culture of victim-blaming. The Minister of Women’s Affairs, Uju Kennedy, has faced scrutiny for her alleged intimidation of survivors who came forward with sexual assault allegations against Prof. Ndifon. While her actions may have been intended to ensure a thorough investigation, some have expressed concerns about the approach taken and its implications for survivors who wish to come forward in the future.

Perhaps this is also a reflection of the patriarchal norms that often contribute to the protection of perpetrators of GBV, especially when the accused holds positions of power or authority. Prof. Ndifon’s prominence in academia could potentially have shielded him from accountability, and we see that it would almost have happened in this case, especially as prominent voices, such as that of the Honorable Minister of Women’s Affairs, have attempted to intimidate survivors, deliberately or not, into silence.

This tendency to prioritize the reputation and status of the accused over the well-being and rights of survivors continues to scare survivors into hiding while abusers, especially those in positions of authority, continue to terrorize their victims. The fear of retaliation, doubt, or the threat of social isolation if they come forward perpetuates the norm of silence around cases of violence against women. The other side of this dangerous norm is that it further sustains a culture where perpetrators operate with impunity, believing they will not face the consequences of their actions.

This norm of encouraging the silence of survivors while fueling perpetrators of violence has inadvertently led to the division we are currently witnessing in the public discourse regarding the allegations against Prof. Ndifon. On one side are those who believe survivors and advocate for justice, while on the other are those who question the credibility of the accusations and argue that the accused is innocent or framed.

A Survivor-Centered Approach

Worldwide, advocates for survivors of GBV emphasize the importance of believing victims when they come forward with allegations of assault because it is understood that the stigma, shame, and fear of not being believed could easily, and in many cases, have stopped many survivors from reporting these crimes. On the other hand, opponents of the allegations against Prof. Cyril Ndifon argue that it is essential to uphold the principle of “innocent until proven guilty,” contending that making assumptions without concrete evidence can lead to false accusations and unjust damage to a person’s reputation. The assertion is that false accusations are sometimes used as weapons to destroy the reputation and careers of individuals, especially those in positions of authority.

Both sides of the argument are valid.

However, because of the sensitivity of the nature of abuse, it is imperative to prioritize a survivor-centred approach that focuses on survivors’ safety and well-being. Living through sexual assault can be a horrific and traumatic experience which scars many survivors, leaving them unravelling and reliving the experiences even years after it is over. Many survivors of abuse have gone on to experience post-traumatic symptoms that negatively affect the quality of their lives. Therefore, prioritizing the safety and well-being of survivors provides a foundation for healing, justice, and prevention while also aiding the shift in norms from a culture of silence and impunity to one that centers truth, healing, and justice, thus sending a clear message that sexual assault is unacceptable, a crucial step toward creating a society where all individuals are safe, respected, and supported.

It is also necessary to approach GBV cases with sensitivity and a desire for fairness both for the accused and the survivors. Even accused individuals reserve a right to a fair hearing. Thus, a thorough and impartial investigation that is unbiased and respectful of the rights of both the survivor and the accused is essential for establishing truth and attaining justice. To effectively address sexual assault cases like the one involving Prof. Ndifon, a nuanced approach that acknowledges the influence of social norms while upholding justice and supporting survivors is imperative.

Bridging the divide in public discourse around GBV cases requires thorough, impartial investigations with the highest ethical standards where the rights and well-being of survivors are acknowledged, respected and prioritized, and at the same time, ensuring that investigations of the accused individuals are conducted fairly and transparently until sufficient evidence are presented against them. Doing so will help build trust in the justice system and reduce the potential for false accusations while encouraging survivors to speak out.

Only when we consistently show, through our actions, dialogues and sensitivity to such cases, that survivors’ lives and experiences matter would we effectively combat victim-blaming and stigmatization. Furthermore, by taking cases of violence against women seriously and launching investigations that are sensitive, fair, and unbiased by social and patriarchal norms, we inadvertently show a commitment to protecting women. Convicting abusers when found guilty also contributes to changing societal norms because it implies that survivors matter and, over time, would help to reduce the general tolerance of abuse within society. These must happen consistently over time for any change in societal norms, especially concerning GBV, to matter.

Ultimately, addressing sexual violence requires a multifaceted approach that respects the presumption of innocence while prioritizing the well-being of survivors and the pursuit of justice.

Copyright © Funke Baruwa. All rights reserved.

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Twenty years of the Maputo Protocol: Progress, challenges and prospects, By Olufunke Baruwa

Post author By Funke
Post date October 30, 2023
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Twenty years of the Maputo Protocol: Progress, challenges and prospects, By Olufunke Baruwa

Implementing the Maputo Protocol in Nigeria has witnessed mixed progress across various aspects of women’s rights.

At various national levels, the Maputo Protocol has also spurred the formulation and revision of policies and laws to promote, protect and safeguard women’s rights. Many countries have taken tangible steps to align domestic legislation with the protocol’s provisions. For example, Zimbabwe has outlined that the state has a duty to provide “basic, accessible and adequate health services” for and to women. Similarly, in Guinea, the 2020 constitution includes clauses that protect women’s rights to health, physical and mental well-being.

The Protocol on the Rights of Women in Africa (the Maputo Protocol), adopted in 2003 by African Union heads of state and government, was a milestone addition to human rights frameworks in the continent. By their intent, human rights frameworks are meant to ensure the protection, promotion, and fulfilment of rights. These frameworks provide a structured approach to addressing various aspects of human rights, guiding governments, organisations, and societies in their efforts to create a just and equitable world. However, this intent is only as effective as the implementation of the frameworks.

The Maputo Protocol was adopted, as an addition to the human rights frameworks under the African Charter on Human and People’s Rights, in June 1981 by the 18th Assembly of Heads of State and Government of the then Organisation of African Unity (OAU). The instrument entered into force on the 25th of November 2005, only two years after its adoption – a testament to the commitment of African governments to women’s rights. Since then, 44 of 55 member states have ratified the Protocol, while 49 have signed it.

The Maputo Protocol extends and elaborates upon the provisions outlined in the African Charter on Human and Peoples’ Rights, emphasising the urgent need to address the unique challenges and discrimination that women face across the continent. It provides a comprehensive framework for safeguarding and promoting women’s rights in diverse spheres of life, while addressing many critical issues, including violence against women, economic and political empowerment, reproductive rights, and access to justice. By doing so, the Maputo Protocol acknowledges the multifaceted nature of women’s rights and recognises the interplay between gender equality, development, and human dignity.

One of the key strengths of the Maputo Protocol lies in its emphasis on practical implementation. It calls for legislative and policy reforms, institutional mechanisms, and capacity-building initiatives, to effectively translate its provisions into action. Moreover, the protocol emphasises education and awareness-raising to challenge deeply ingrained norms perpetuating gender inequality. While the Maputo Protocol marks a significant stride toward gender equality and women’s empowerment, its successful implementation remains an ongoing endeavour.

What Progress Has Been Recorded?

Since its adoption in 2003, the Maputo Protocol has marked a significant step forward in advancing women’s rights across Africa. The progress made under this protocol can be assessed through its ratification levels, national policies, regional frameworks and tangible progress in women’s empowerment and gender equality.

As previously noted, the ratification of the Maputo Protocol has been a notable measure of its acceptance and endorsement by African nations. Over the past 20 years, the protocol has garnered substantial support, with a majority (44 out of 55 Member States) of the African Union ratifying or acceding to it. The ratification of the Protocol signifies a collective acknowledgement of its importance in addressing the myriad of issues African women face, from gender-based discrimination and violence to being sidelined in political and public representation.

Furthermore, states have undergone and enacted legal reforms to criminalise various forms of violence against women. Burundi, for example, has had legislative reforms that widely address gender-based violence (GBV), while in Seychelles, reforms have targeted domestic violence. Other legal reforms have increased the severity of punishment for violence against women (VAW), for example in Senegal and Sierra Leone, and more than 20 countries have now banned or criminalised Female Genital Mutilation (FGM). These policy changes reflect a growing recognition of women’s vital role in development and the need to eliminate deeply entrenched gender disparities.

…implementing the Maputo Protocol in Nigeria has witnessed mixed progress across various aspects of women’s rights. The representation of women in politics remains an area with room for improvement. While the protocol emphasises the importance of women’s participation in decision-making, Nigerian politics still faces challenges in achieving gender parity.

While substantial progress has been achieved under the Maputo Protocol, persistent challenges exist. Implementation gaps, inadequate resources, and cultural norms that perpetuate gender inequality continue to impede its full realisation. Moreover, the varying pace of policy implementation across countries underscores the need for continued advocacy and collaboration.

The Nigerian Case

Nigeria is one of the early countries that ratified the Maputo Protocol. It follows a slew of other international frameworks to which Nigeria has signed.

Since 2003, the country has also consistently developed national gender policies. An important milestone was the passage of the 2015 Violence Against Persons Prohibition (VAPP) Act, which aims to eliminate violence in private and public life, with specific prison terms for crimes. Yet, even with the passage of the VAPP Act, not all states in Nigeria have ratified the law, and there are currently three states yet to domesticate the Act. Besides, for states that have domesticated the VAPP Act, there is still the need for a comprehensive, coordinated approach, involving law enforcement, healthcare, and community engagement, to adequately address GBV as a deeply rooted issue in Nigerian society.

Some tangible changes have also been experienced in the country, particularly the improvement in the political consciousness of young women about the democratic governance space, in terms of participation and representation; increasing demand for gender justice by women’s rights groups; as well as resilience in continuing to push for the voice, agency and power of women in nationhood.

However, implementing the Maputo Protocol in Nigeria has witnessed mixed progress across various aspects of women’s rights. The representation of women in politics remains an area with room for improvement. While the protocol emphasises the importance of women’s participation in decision-making, Nigerian politics still faces challenges in achieving gender parity. Despite policy provisions, including the Nigerian National Gender Policy, which stipulates a 35 per cent minimum threshold for women’s political participation, women’s representation in political offices remains relatively low.

A glaring example can be seen in the number of women sworn into the nation’s 10th National Assembly shortly after the 2023 Nigerian elections. Currently, in the Nigerian Senate, out of the 109 senators, only three are women, while in the House of Representatives, sixteen women were sworn in out of the 360. While efforts to enhance women’s political participation continue, there is a gap between policy and implementation, signalling that more must be done to translate policy intentions into tangible results.

Furthermore, GBV remains a critical concern in Nigeria. While the Maputo Protocol addresses the need to eliminate violence against women, Nigeria continues grappling with high GBV rates. Domestic violence, sexual assault, and harmful traditional practices persist, often due to inadequate enforcement of laws and societal norms perpetuating gender inequality. Efforts to combat GBV have included legal reforms and awareness campaigns.

Nigeria is poised to make significant strides towards fully implementing the Maputo Protocol. However, a deliberate and concerted effort involving relevant stakeholders across various levels in both public and private domains is needed to advance gender equality and create a society where women’s rights are protected, respected, and upheld.

Similarly, conflicts in Nigeria, particularly in regions driven by insurgency and violence, disproportionately affect women. While the Maputo Protocol emphasises the protection of women during conflicts and their participation in conflict resolution and peacebuilding, women in conflict-affected areas in Nigeria face the heightened risks of sexual violence, displacement, and loss of livelihoods. The impacts, for instance, of the Boko Haram insurgency, have increased conflict-related sexual violence for millions of women and girls across the affected countries beyond Nigeria, including Cameroon, Chad, and Niger. The lack of comprehensive support services for victims of conflict-related sexual violence remains challenging in addressing violence against women (VAW).

Furthermore, climate-induced threats affecting Nigerian women’s livelihoods also present additional challenges the country has to reckon with. The Protocol underscores the link between environmental sustainability and women’s rights. Yet, Nigerian women are disproportionately affected by climate change, as they are often responsible for food production and water collection. In the last few years, changing rainfall patterns, environmental degradation, and insecurity have decreased agricultural productivity and increased resource scarcity, impacting women’s economic empowerment and exacerbating existing gender disparities.

Bridging the Gaps and the Way Forward

A comprehensive and multi-faceted approach is required to bridge the gaps and fully implement the Maputo Protocol in Nigeria. For instance, legal reforms and enforcement are needed to strengthen and enforce existing laws that protect women’s rights and address gender-based violence. The establishment of specialised courts to expedite legal proceedings for cases of violence against women, as we have seen in the Federal Capital Territory, is necessary for ensuring that abusers are not only reported but also prosecuted for their offences in a manner that is both timely, efficient and ensures that justice is served and the rights of women are protected.

Educating the public and creating awareness about women’s rights is also important. Done consistently, this will, over time, foster a cultural shift, especially if religious and other community leaders are involved in advocating for gender equality and challenging harmful gender norms and practices. Similarly, women’s social and political empowerment is crucial in ensuring they are represented in public and private organisations. Therefore, implementing and monitoring gender quotas for political positions is perhaps the most effective way to safeguard and promote women’s active participation and leadership in decision-making bodies at all levels.

Furthermore, providing training and mentorship programmes to equip women with the skills needed for effective political engagement will ensure they are prepared to lead and effectively participate in democratic and governance processes, given the opportunity. Women, especially in rural areas, also need enhanced access to quality healthcare and support services, specifically for survivors of gender-based violence. Safe spaces and shelters for women and girls should be available across all levels to offer counselling, legal aid, and economic empowerment programmes that help women rebuild their lives.

Additionally, developing climate adaptation strategies that prioritise women’s needs and vulnerabilities, investment in sustainable agricultural practices, water resource management, and alternative livelihood options, are necessary for ensuring and protecting women’s economic resilience in the face of climate-induced threats.

Olufunke Baruwa is a Nigerian feminist, gender, and development practitioner. She is currently the Program Officer for Gender, Racial and Ethnic Justice at the Ford Foundation Office for West Africa where she leads work on ending violence against women and girls.

Copyright © Funke Baruwa. All rights reserved.

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A Woman’s Right to her Real Estate

Post author By Funke Baruwa
Post date August 18, 2020
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A Woman’s Right to her Real Estate

I want to talk about the Malawian “Hyena” issue. Actually, I want to SCREAM!!!

I was shocked beyond words to read that a man in 2016 takes pride in having the ‘job’ to deflower young girls as part of a rite of passage into womanhood. This man isn’t developing a cure for the world’s dreaded diseases or solving a mathematical equation, but he is spreading diseases to young women… and he’s even paid to do it! This human ‘hyena’ is deflowering girls for a living. I wonder if he sends his own daughters to another hyena or he’d rather do the ‘job’ himself.

May I ask what it is about a woman’s body or permit me to use the word “Vagina” that almost every man on earth thinks he’s got the right to regulate? Under the guise of customs and traditions sold to some mentally enslaved women who themselves suffer a version of the ‘Stockholm Syndrome’ considering they may have been ‘cleansed’ by a ‘hyena’ in their own time as well. He went on to say that the girls liked the cleansing and thanked him after the act…….

From the average man on the streets who thinks he can violate a girl or a woman whenever he feels the urge; to our lawmakers who get to decide when girls and women marry, who they marry, what they wear, what to eat, when to menstruate or reach menopause and generally everything that goes on in our bodies; everybody wants to regulate women.

I once led a group of young women to the Nigerian National Assembly on a learning visit. From the security gate, every Akin, Yakubu and Emeka had comments, criticisms and look of disapproval over the physical appearance of these vibrant and intelligent young women. Comments which ranged from the length of their jeans, their hairdo, to the colour of their blouses and sleeves. None of them had the mental capabilities of these women and yet they felt that as men, they had the right to judge how they were dressed. I was irate and quickly dismissed their comments as unwarranted since to the best of my knowledge the National Assembly had no dress code.

Take the brouhaha around the Gender and Equal Opportunities (GEO) Bill for example. Let’s break it down, women just want to be treated as human beings as they are and have the right to decide what’s best for them. However, our men said no, we get to decide for you. Our legislators need to know that our bodies are not their constituency, stop legislating on women’s bodies. Focus on the economy, education, health and general infrastructure. If we spend as much time on development like we do on regulating how women should live their lives, Nigeria would be a much more advanced state.

Finally, dear world, please stop putting all your energy into deciding what goes on in a woman’s body – it is probably the only piece of real estate given to us by God that we’ve got the Certificate of Occupancy to. When we decide to give you a Right of Occupancy through marriage or any form of consent, please respect that and don’t insist on the ‘C of O!’

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The Politics Of A Few

The Politics Of A Few…A Case for Women’s Inclusion in Politics

Politics is a game of numbers! This is an adage that cannot be more apt for the Nigerian political space which clearly currently under-employs the female gender. From the Federal to State and even Local Government Areas and Councils, women in decision making are in the vast minority and Nigeria is playing against the rest of the world with half of its team borrowing from the words of the US President, Barrack Obama.

Nigeria is a largely patriarchal society. Religion and culture have further entrenched the dominance of the male gender in the family, institutions and society at large. Even though women have played very important roles in the Nigerian political space long before the democratic dispensation, with notable women like Margaret Ekpo, Fumilayo Ransome-Kuti and Gambo Sawaba, to mention a few who blazed the trail in organized activism against political oppression; there is still no significant number in the formal political system of governance. However, since the advent of democracy in 1999 after years of military rule, women have ventured into the political arena against all odds.

What can be responsible for the low representation of women in Parliament? They include but are not limited to: cultural, traditional and religious norms, finance (politics is capital intensive), violence and inhibiting gender roles as well as capacity and internal party democracies.

According to the 2006 national census, women represent 49% of the Nigerian population. Yet, women hold less than 6% of parliamentary seats at national level. The story is no different at the State and local government level. These indices negate international, regional and national benchmarks of at least 30% for Affirmative Action. With only 8 women out of 109 Senators in the Senate and 20 out of 360 in the Federal House of Assembly; women in the 8th Parliament are clearly outnumbered against their male counterparts.

This current situation of women in parliament is precarious in the sense that it will be a herculean task to get their issues on the front burner in the National Assembly when Bills are put to a vote for or against women’s and girl’s issues. Their voices will possibly be drowned by their male counterparts unless strategic lobbying is employed to garner their support. Women in parliament will need to employ ingenious mechanisms to engage with their male counterparts and make them gender champions to support their cause as a short-term measure.

In the long term however, more sustainable solutions will be required to reverse this trend. These solutions will require a conscious effort to interrogate the factors that suppress women’s political participation and successful emergence at the polls. A good place to start is to invoke the principles of Affirmative Action which in itself is just a foot in the door but a move that will ensure that 30-35% of elective and appointive positions are reserved for women through the Electoral Act. Several countries have done this through a twinning or zebra formula that ensures both men and women hold lead and deputy positions accordingly or vice versa. Furthermore, parties can be compelled to reserve a percentage of party nominations for women. Secondly, we need to employ rigorous advocacy and a communication strategy that portrays the leadership qualities of women for ultimately, the electorate will only vote for whom they consider suitable for the position. Thirdly, it is imperative for women to close ranks to support, mentor and reproduce themselves in leadership positions and finally, we need to instututionalise technical and financial resources for women in politics. The Nigerian Women’s Trust Fund, is poised and strategically placed as the first of its kind to deliver on this. Women of all walks of life need to heed this call to ensure that we grow this basket of funds for posterity sake.

The 2019 elections will be upon us in a matter of months and years, we cannot afford to watch the indices on women’s representation and inclusion slide down again behind our contemporaries in the region, continent and the world at large.

A conscious effort through political will by government and actions by civil society is urgently needed to address the low representation of women in governance in Nigeria and ultimately change the narrative around women in politics for inequality is further entrenched when half of the population is marginalized.

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Madam President

Madam President, FRN!!!

Please welcome, Madam President of the Federal Republic of Nigeria! But, alas! It was just a dream….

Tuesday, November 8^th, 2016, will be a day forever edged in my memory. It was 24hrs to my landmark 40^th birthday and the Presidential elections in the US. I had hopes and dreams of having one of the best birthday gifts ever when I woke up on Wednesday November 9^th. However, this was not to be.

Hence, the events of the last few weeks have given me endless dreams and nightmares of what could have been had Hillary Clinton won the elections to become the first female President of the United States of America. It also got me thinking about the implications for Africa in general and Nigeria in particular. These are my thoughts:

Nigeria isn’t ready for a female president because Nigerian women are yet to mobilize and use their numbers to their advantage within the political parties;
Unless we have a tsunami attitudinal change in the way we view who a leader is in Nigeria (currently a leader in the mind of the average Nigerian is male); we will not be able to convince the electorate to vote in a female President;
The political process is still very corrupt, violent, dangerous, cumbersome, manipulative, selective and expensive; women do not belong to the highest circles of these political boys’ club and are not privy to the power games that take place behind the scenes long before the race even begins;
Succession planning (albeit pedestrian) is still done in the Nigerian political space and women are not lined up in any yet;
Women must form their own power cycle and use their numbers to command votes behind a strong female candidate of their choice;
A psychological reprogramming of the millions of Nigerian women who help to elect and re-elect male only leaders in the highest hierarchy of governance in Nigeria is needed if we are ever to break this glass ceiling. These are the women who dance, sing, cook and vote on Election Day and they never get a better deal unlike their male counterparts. They have been programmed to see leadership as a tough place that only men can fill… women like them who aspire to such positions are seen as deviants who break the ranks.

Finally, we may not have broken the glass ceiling into a million smithereens, but women like Hillary Clinton of the US, Eileen Johnson Sirleaf of Liberia, Benazir Bhutto of Pakistan, Joyce Banda of Malawi, Meir of Israel, Indira Gandhi of India Angela Merkel of Germany, Corazon Aquino of the Philippines, Margaret Thatcher of the United Kingdom and our very own Prof. Remi Sonaiya of Nigeria have cracked the ceiling and with more cracks, we will break it sooner than later!

For now, let me go back to the drawing board with my fellow women to strategize during the day while I sleep at night and dream the impossible into possible