Public Presentation of 2023 Rosa Luxemburg Stiftung (RLS) Supported Research in Nigeria held on 5th June 2024 at Rock View Hotel Wuse 2 Abuja
A Keynote Speech by Prof. Joy Ngozi Ezeilo (SAN, OON)
Introduction and Context on Gender Based Violence (GBV)/Violence Against Women and Girls (VAWG)
Global Overview of GBV/VWAG Phenomenon
A United Nations Women’s report estimated that 736 million women, almost one in three, have been subjected to intimate partner violence, non-partner sexual violence, or both at least once in their life (30% of women aged 15 and older). This figure does not include sexual harassment. The rates of depression, anxiety disorders, unplanned pregnancies, sexually transmitted infections, and HIV are higher in women who have experienced violence compared to women who have not, as well as many other health problems that can last even after the violence has ended.
Furthermore, information reveals that globally, violence against women disproportionately affects low- and lower-middle-income countries and regions. Adult women account for nearly half (49%) of all human trafficking victims detected globally. Women and girls together account for 72%, with girls representing more than three out of every four child trafficking victims. Most women and girls are trafficked for the purpose of sexual exploitation.
Not surprising, it was found that when women assert autonomy or aspire to exert power at any level they often face a backlash that can include violence (psychological, emotional, physical, sexual or economic), whether as discrimination, harassment, assault or femicide.3 This finding highlights the heavy influence of social norms on women’s perceptions of their status in society in some cultures as violence against women can be perpetuated through social norms. Notably, violence against women and girls is sustained by individual behaviours, beliefs and social norms from the communities and networks that can slow change.4 The impunity of violations of women’s rights in the private sector and by non-state actors is disturbing. The #MeToo movement against sexual harassment, abuse and exploitation exposed the epidemic of sexual crimes and the difficulties women encounter in search of justice for sexual and gender based violence.5 The #Mee too did not gather momentum in Africa as expected, and the reasons may not be far-fetched given the prevailing culture of silence in Africa on open sexuality discussions.
It has been revealed that 18% of ever-partnered women and girls aged 15 to 49 years have experienced physical and/or sexual partner violence in the previous 12 months.6 Negative social norms that condone or support violence against women and girls (VAWG) and harmful practices (HP) remain pervasive. GBV is widespread. Statistics reveal that VAWG is reaching an epidemic level, and women and girls were not spared from the spike stemming from the Coronavirus pandemic.
We witnessed a surge in cases of violence against women (VAWG)/SGBV during the COVID-19 pandemic, when one expected decline owing to uncertainties surrounding the highly infectious disease, the lockdowns, and stay-at-home orders geared towards preventing its spread. Available data showed an increase that has led many to term the spike in VAWG/SGBV as an ‘epidemic upon the pandemic’. The UN Women tagged it ‘the shadow pandemic’.
The UN Women report, “Shadow Pandemic: Violence against women during COVID-19” stated that since the outbreak of COVID-19, emerging data and reports from those on the front lines, have shown that all types of violence against women, particularly domestic violence, have intensified.
There is no legally binding comprehensive international law on violence against women and girls. CEDAW,9 a landmark women’s treaty failed to cover what was later identified by the ICPD and the BDPA as the most insidious threat to women’s personal security and bodily integrity. The DEVAW, 1993 is a soft law that protects women and girls from SGBV.
According to the Protocol to the African Charter on the Rights of Women in Africa (Otherwise called the Maputo Protocol-(MP), ‘Violence against women’ means all acts perpetrated against women which cause or could cause them physical, sexual, psychological, and economic harm, including the threat to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peacetime and during situations of armed conflicts or of war.10 This is a significant improvement on the UN General Assembly Declaration on Elimination of Violence Against Women (DEVAW), 1993. 11 Drawing from the Protocol and DEVAW , violence against women encompasses, but is not limited to physical, sexual and psychological violence occurring in the family or within the general community and also violence perpetrated or condoned by the State, wherever it occurs.12 It includes battering, marital rape, female genital mutilation, violence related to exploitation, to mention a few.
The MP undoubtedly is of a higher threshold in terms of having explicit provisions to tackle all forms of violence against African women and girls, including harmful cultural and traditional practices. What remains is the effective implementation of its provision to protect and remedy cases of GBV/VAWG for victims/survivors in reality.
GBV/VAWG- Nigerian Dimension
Gender-based violence or violence against women and girls in Nigeria has become an epidemic, spreading across communities and regions of the country. The lack of accountability, effective and responsive support services for victims/survivors, and low prosecution of cases of VAW/GBV encourage impunity in committing violence-related offences against the female gender in particular. Offenders get away with their crimes due to a lack of due diligence in investigation and prosecution, evidence, and witness support, including delays and corruption in the administration of the criminal justice system. Victims have been re-victimised and doubly jeopardised by society and in the justice delivery ecosystem. PWDs are also abused and stigmatised as if they were the cause of their disabilities.
The forms and manifestations of gender-based violence in Nigeria include: rape, incest, spousal beatings, sexual harassment, trafficking, female genital mutilation, forced/child marriage, bride price/dowry, child domestic worker abuse, house helps abuse, acid attacks, emotional abuse, and abandonment. These practices are influenced by social patriarchy, religion, traditional and cultural practices throughout the country.
The emergence of the Boko Haram terrorist group has escalated sexual and gender-based violence (SGBV) in the form of sexual slavery, abduction, kidnapping and trafficking of girls as mercenaries and comfort women to provide sex for the insurgents, forced marriage to terrorists and ‘sex-for-food’, especially in the North East and North West of Nigeria. These untoward happenings are having a significant impact on women, children and persons with disabilities, resulting in huge unmet justice needs.
It is of concern that a significant number of girls, who were abducted by Boko Haram from Chibok and Damasak in Borno State in April and November 2014, respectively, have not been rescued and continue to be subjected to rape, sexual slavery, forced marriage and impregnation by Boko Haram insurgents; and that Leah Sharibu, the lone Dapchi missing girl, is yet to be reunited with her family.
Boko Haram has used widespread abductions of girls and boys as a part of its insurgency strategy.14 While the abduction on April 14, 2014, of 276 school girls from the town of Chibok in Borno State gained international attention, a number of other abductions of women and children have been largely unpublicised. The total number of abductions remains unknown, but it is estimated that thousands of women and children have been abducted since 2012.15 All the abducted women and girls referred to sexual violence and other forms of abuse.16 Sadly, sexual exploitation, including “transactional sex”, is reportedly taking place in camps for internally displaced persons and girls and children born out of rape by Boko Haram insurgents are subject to stigma and social isolation.
Fulani herdsmen, in search of grazing land, continue to perpetrate violence, which disproportionately impacts women and girls.18 Child trafficking, especially of girls for both sexual and labour exploitation, is on the increase.
According to UNICEF Nigeria’s report (2017), one in four Nigerian girls have experienced sexual violence by age one, and hardly any receive any form of support. Abuses in all its forms are a daily reality for many Nigerian children, and only a fraction ever receive help. Six out of every ten children experience some form of violence – one in four girls and 10 per cent of boys have been victims of sexual violence. Of the children who reported violence, fewer than five out of 100 received any form of support. The drivers of violence against children (VAC) are rooted in social norms, including the use of violent discipline, violence against women and community beliefs about witchcraft, all of which increase children’s vulnerability.
Women and girls, including PWDs in Nigeria, from available statistics, disproportionately suffer from SGBV in different spheres of life from various actors. The percentage of women who married before the age of 15 years in Nigeria is 18.5 per cent. 44 percent of women aged 20-49 years married before age 18 years. About 18.4 percent of women had some form of female genital mutilation (Nigeria, MICS 2016/2017).
On Domestic Violence / Wife Battery, the NSRP report shows that approximately 80 million Nigerian women and girls are victims of sexual and gender-based violence in Nigeria. Statistical data from the NDHS, 2013 revealed that domestic violence cuts across all socioeconomic and cultural backgrounds. Nearly three in ten Nigerian women have ever experienced physical violence since age 15, while 11% experienced any physical violence in the past 12 months. On spousal battery, statistics from the Lagos State Bureau of Statistics reveal that spousal abuse has become a scourge and 50% of women have been battered by their husbands at one time or the other and unbelievably, more educated women (65%) are in this terrible situation as compared with their low-income counterparts (55%).
On Female Genital Mutilation (FGM), available statistical data from the National Bureau of Statistics of 2017 indicated that women in the 45-49 age group had the highest percentage who had any form of FGM (27.6 per cent), while women between15-19 years old had the lowest percentage (12.3 per cent). Overall, one-quarter of Nigerian women age 15-49 are circumcised. (NDHS, 2017).
Human trafficking or trafficking in persons (TiP) remains pervasive in Nigeria, especially in Edo state, which is the most endemic state for transnational trafficking of women and girls. Poverty, unemployment, gender-based violence, lack of education, and conflicts are the root causes. Sexual exploitation is the most common form of trafficking, with girls being the most vulnerable victims. In sub-Saharan Africa, 60% of trafficked victims are children. In 2021, NAPTIP received 1,112 cases.
Rape is on the rise, with under-aged girls falling the most victims.20 Actual data on the cases of sexual violence is not known because of its hidden nature, which makes it difficult to document or make it public.21 However, data from the Rule of Law and Anti-Corruption Programme (RoLAC), an EU funded project, managed by the British Council, reveals that as at June 2021, a total of 21,260 persons accessed the Sexual Assaults Referral Centres (SARCs) services. Out of the 21,260 cases received in the SARCs, 1524 arrests were made, 253 cases were charged to court, and 14 convictions were secured. Also records from the Sex Offender Register show that 38 convictions were registered there.
In the criminal justice ecosystem, Police and other administrators of justice often fail to protect victims of SGBV by dismissing the seriousness of such violence. There is also a lack of understanding about gender-based violence among service providers, resulting in antagonistic behaviour. Police stations lack gender-sensitive services and information despite having gender desks for women and children and focal police officers.
National Survey on SGBV in Nigeria carried out by women Aid Collective (WACOL) in 2020/2021 (Beijing+ 25: Assessing The Realization of Nigerian Women’s Rights in Critical Areas of Sexual and Gender-Based Violence, 2021) indicates that rape and sexual abuse are among the forms of torture experienced by women. The survey puts the rate of women’s rape and sexual abuse at 65.4%. CLEEN Foundation National Crime and Safety Survey 2012, carried out in all 36 States of the Federation, revealed that only 23% of rape incidents in Nigeria were reported to the Police. Thus, about 77% of rape cases go unreported, and those who report their cases have no treatment or better services from the Police and other actors, including healthcare providers. From the study, reasons for not reporting rape cases include Police insensitivity (32%); fear of stigma (21%); Accused may not be arrested (21 %); and Police corruption (14%).
In a recent survey carried out by the Women’s Aid Collective (WACOL: 2023), the findings revealed that victims of sexual abuse and exploitation would prefer to solve their problems without involving law enforcement agents or seeking redress in the law courts. Even when some women manage to make it to the law courts, judicial attitudes are often very patriarchal, and precedents prevent them from getting justice. Most of the judicial decisions uphold discriminatory customary laws and practices.
Cases of sexual assault continue to be trivialised, and the ‘blaming the victim’ mantra is very much alive. The culture of shaming and stigmatization worsens the silence around reporting and prosecuting cases of SGBV. The Violence Against Persons Prohibition Act (VAPP Act of 2015) and similar state laws across Nigeria have broadened the definition of rape to include other forms of sexual assault. Still, the elements of the offence of rape under criminal and penal codes remain primarily unchanged, leading to injustice and hardship for female victims of rape in the criminal justice system.
Access to justice is hindered by formalities, language, technicalities, and religious and customary laws, especially in cases involving women’s rights. These barriers prevent equal treatment and full entitlements for women and children. Cultural differences often create tension between universal and local norms. Despite prevailing social norms and jurisprudence of equality, there is a low prosecution rate for SGBV cases in Nigeria.
GBV and Nexus to the Three Studies Support by the RLF
Unarguably, the term “violence against women and girls” (VAWG) confines itself to females/women, whilst sexual and gender-based violence (SGBV) is an umbrella term for all forms of violence affecting males and females; however, in practice, it is used to refer to violence against women perpetrated by women or men when gendered inequality is the root cause.23 For far too long, women have borne the brunt of conflicts in Nigeria as well as gender-based violence. From North to South of Nigeria, women have been affected by conflicts, insurgency and other crises, including the quest by minorities and Indigenous groups for self -self-determination.
THREE RESEARCH REPORTS IN FOCUS:
(1) Effects of the Bwari Conflict and Enugu Sit at Home on Women;
(2) Experiences of domestic workers in North West Nigeria; and
(3) Impact of the farmer herder crisis on women and girls in IDPs within North Central Nigeria.
These three vital independent studies supported by Rosa Luxemburg Stiftung (RLS) are reminders of how intertwined and insidious conflicts and gender-based violence are, their root causes, impact and consequences on women and children. In this section, we shall consider, albeit briefly and seriatim, each of these studies in summary for their significance to preventing and combating GBV and mitigating conflicts and other societal phenomena that impact women, children, and others.
EFFECTS OF BWARI CONFLICT AND ENUGU SIT-AT-HOME ON WOMEN
This study was conducted in Bwari, Federal Capital Territory, in the North-Central region and in Enugu, Enugu State, in the South-East region. It examined the effects of conflict on women using a comparative study approach. The cases of the Bwari conflict and the Enugu sit-at-home protest strategy were compared and contrasted, with a focus on their effects on women.
Research questions specifically investigated the effect of Bwari conflict and Enugu sit-at-home on women.
The Bwari conflict involved the Gbagyi people, who were predominantly farmers. They live primarily in the hinterlands of Abuja, while some are blacksmiths, weavers, and merchants.
On the other hand, the conflict actors identified in the study in the Southeast zone include the Movement for the Actualization of the Sovereign State of Biafra (MASSOB), the Biafran Zionist Movement (BZM), and, of recent entry, the Indigenous People of Biafra (IPOB), among related separatist groups.
Effects of Sit at Home on Women:
The forceful enforcement of these sit-at-home orders across the geopolitical zones and Enugu, its regional capital, had widespread implications for citizens and residents alike, as the elderly, adults, youths, children and women were no exception.
Respondents generally identified many adverse effects of the sit-at-home in Enugu. Chief among these are the human cost, educational, economic, and psychological effects.
– Indiscriminate killings, violence, kidnapping and enforced disappearances.
– Economic impact- economic violence
– Impact on women’s marketing activities-
– Impact on women’s farm work- women in subsistence farming.
– Exacerbating food insecurity
– Impact of conflict on women’s political quest
– in conflict-ridden areas
– it further discourages women’s political participation.
Effects of Bwari Conflict on Women
Findings indicated that the market women in Bwari were affected by the 2017 conflict directly and indirectly. Loss of human lives, destruction of property, loss of means of livelihood, and distortion of family routines and lives were noted as specific effects of the conflict. General effects include hunger, trauma, suspicion, and fear of conflict reoccurrence.
For example, it was recorded that a fashion designer Miss Blessing Ezeh a victim/survivor said: “she lost all her customers clothes, her machines and money in the fire. For her, the fire did not majorly destroy traders’ property. It was more of looters using the opportunity to operate.
In the words of another respondent, she stated “I used to own two big shops and sold frozen foods. I had two freezers but everything is gone. The fire did not get to my shop quickly as I was told but it was some boys who took my freezers away.”
Limitations/significance: Though small research with 60 respondents—IDIs/KIIs—it’s insightful and supported by extensive literature and desk reviews that reinforced the survey’s findings. It is significant because it focuses exclusively on women, from the eyes of a woman, the prism of a woman victim or survivor of that conflict.
The findings and conclusion of that study reiterate that women are not the main conflict instigators or combatants. However, they’re affected by the conflicts disproportionately, whether as combatants or non-combatants.
– Victims of sexual violence- use of rape or sexual violence as an instrument of war.
– Their care role and expectations to provide and prepare food for the family make them more vulnerable.
– Exploitation- sex for food even in the IDP camps and for humanitarian aid/assistance.
Interesting nexus in both Bwari and Sit at Home Phenomenon
– Both caused by youths- The cult boys in the case of Bwari- are the same youth as the IPOB or other actors in the sit-at-home quagmire.
– Power struggle by actors also exacerbates violence and the impact on the community and target groups.
– Both phenomena have peculiar consequences on women and family life.
– Some may say that there is no basis for comparing both issues—Bwari Conflict and sitting at home—a struggle for self-determination and other cult activities. The underlying commonality is violence. The Bwari conflict 2017 is not continuing. The sit-at-home phenomenon started in 2021 and is a continuing phenomenon.
There are some similarities in the effects of Bwari Conflict and Enugu Sit-at-Home on women.
Besides death as the ultimate human cost of the Bwari conflict, human suffering was another form recorded. The burning down of shops, destruction of goods, and loss of family members which resulted in the imposition of curfew, meant that human suffering was not far-fetched. Hunger, want, helplessness and desperation were rift among women. Many women were unable to access food due to the disruption of markets and supply chains, which made some traders move to the Dutse market and others to the Suleja market for supplies.
Similarly, in the Enugu case, human suffering came in the form of starvation and human rights violations, especially in the area of freedom of movement. Associational rights, peaceful assembly and dignity of persons were implicated in the Enugu case as the suspicion of IPOB having meetings was uppermost in the minds of security operatives.
As noted in the study, another area where the Bwari and Enugu cases converge is their social and psychological effects. The social impact of the Bwari case manifested through the distortion of family life. The patterned ways of family life were significantly impacted at the level of children and parents. Children discontinued schooling activities and joined their parents to flee to the nearby military camp.
In summary and as the study found, it is evident that the Bwari conflict and Enugu cases both have human, economic, social and psychological impacts on women, while educational effects were only evident and grievous in the Enugu case. Although women were not deliberately targeted in both cases, they suffered life loss and emotional and psychological shocks as the major forms of human suffering and indignities. While property destruction and livelihood loss were the significant economic effects across both cases, the Enugu case had sales decline, expiration of manufactured goods and rotten perishable goods, investment capital flight and loss of tourism attraction as its unique economic effects. Social effects in the Bwari case manifested through distortion of family life, while psychological effects involved trauma, suspicion, and fear among women.
In the Enugu case, the study documented widespread social effects across education, banking, business, churches, and even the civil service occasioned by movement restriction. The psychological effects include fear and uncertainty, loss of agency and control of women’s individual lives, suspicion and loss of trust, and increased stress and anxiety.
Impact of the farmer-herder crisis on women and girls in Internally Displaced Camps (IDPs within North Central Nigeria
The farmer herders crisis has lingered for far too long with an enormous toll on communities and farmers, especially women farmers who have been sexually and physically assaulted and, in some cases, died from attacks. In addition, many have been left widowed by this ugly phenomenon that is rife in North Central Nigeria, with Plateau and Benue states as the primary crime scenes of the farmer-herder crisis.
According to the survey, the farmer-herder crisis in North Central Nigeria has deep historical roots, primarily arising from disputes over access to land, water resources, and changing socioeconomic dynamics. This protracted conflict has had enduring social, economic, and political repercussions in the region. Historically, farmers and nomadic Fulani herdsmen have cohabited and coexisted peacefully for long. But things have turned for the worse in the last two decades. Fulani herders frequently clash due to divergence of interests, including a sense of entitlement to the land by the farmer and perceived marginalization in the economic and political affairs of the communities by the Fulani herders (Suchi & Musa, 2021).
Over time the periodic clashes between herders and farmers in North Central Nigeria have precipitated a general climate of insecurity. The widespread insecurity both allows for and is perpetuated by distrust and acts of broader criminality, in which gangs of bandit target locations in the area for raids, kidnappings, and looting.
The farmers and herdsmen crisis have resulted in many deaths across the nation. With the increasing activities of farmers and herdsmen in contemporary times, violent conflict has become a pervasive phenomenon in Nigeria.
The farmer-herder crisis in North Central Nigeria is significant due to its multifaceted impact on food security, humanitarian concerns, the economy, and its broader implications for peace, reconciliation, and national unity. The mass displacement of people due to the conflict raises concerns about their human rights and the conditions in which they live as internally displaced persons (IDPs).
The Effects and Impact as a Gender- Based Violence
This study explores the impact of the farmer-herders crisis on the quality of life of women and girls residing in IDP camps. Drawing upon a mixed-methods approach, including surveys, interviews, and focus group discussions, this research assesses the multifaceted consequences of the crisis on the psychological well-being, physical health, education, and socio-economic conditions of women and girls in these vulnerable settings. It considered the prevalence of gender-based violence (GBV) and mental health imperative among the target population in crises. The research questions examined the interconnecting factors influencing women and girls during farmers-herders crises in North Central Nigeria? What are the existing responses to issues related to women and girls during the FarmersHerders crisis in North Central Nigeria? How can the problem women and girls face relating to the farmers-herders crisis in North Central Nigeria be addressed?
The farmer-herder crisis has also resulted in displacement, loss of lives, and injuries, creating a significant humanitarian challenge. It has implications for national security, as it often leads to violence and instability in the affected areas.
As rightly observed in the study, the ongoing farmer-herders crisis in various regions in Nigeria has generated significant humanitarian concerns and drawn attention to the plight of internally displaced persons (IDPs). North Central Nigeria has an alarming lingering epi-centric conflict between Farmers and Herders over the destruction of farmers and cattle rustling that has killed thousands of people, displaced countless others, and wreaked havoc on the socio-economic and well-being of the populace. Women and girls being the worst hit, often forced into displacement and exposed to horrendous circumstances and acts such as gender-based violence, disruption in access to education, lack of access to sexual and reproductive health, loss of means of livelihood and other despicable forms of violation attributing to the significant negative impact on their quality of life.
Women & Girls In Conflict Zones Findings affirms the view of how women have been seen as weaker vessels in the world today and of also how the rights of women are not fully upheld especially in crisis situations resulting to a lot of health challenges, ranging from unintended pregnancies, HIV/AIDS, poor mental health, malnutrition, et cetera. In Nigeria, women make up about 79% of approximately 2.5 million people displaced across the northeastern states of the country as a result of the prolonged insurgency and conflict between Boko Haram and the Nigerian Government in the region. These populations can be found in IDP camps scattered across the states and host communities in the region, and in Cameroon, Chad and Niger.
Findings: Impact on women and girls
Evidence has established that in all these attacks, women and children suffer all kinds of abuses, such as the loss of the sources of subsistence occupation, maybe farming or livestock rearing. This results in family instability and the creation of a mass population of widows because their husbands are killed in the violent conflict. This increases the inability of children to attend schools because they are rendered homeless and living in IDP camps.
➢ Displacement and Vulnerability
➢ Food Insecurity- farmer-herder conflicts can disrupt agricultural activities primarily managed by women in many rural communities. Disruptions to farming can lead to food shortages and increased food insecurity.
➢ Loss of Livelihoods: The disruption of livelihoods and economic activities due to the conflict affects women’s economic well-being.
➢ Education Disruption: Conflict disrupts educational systems, causing children, especially girls, to drop out of school.
➢ Health and Well-being: Access to healthcare services can be severely limited in conflict-related areas, impacting women’s reproductive health and maternal care.
Regarding GBV nexus, it was found by the study that conflict zones are often characterized by increased levels of gender-based violence, including sexual assault and domestic violence. Women are at a higher risk of such violence during and after the conflict. The breakdown of social structures and the presence of armed groups in conflict-affected areas can increase the risk of gender-based violence. Women and girls may be subjected to physical and sexual violence, including forced marriages and abduction and unintended pregnancy. Access to support services, such as counselling and legal assistance, may be limited in these contexts.
The findings have revealed that women and girls in IDP camps experience a range of physical health challenges, most of which are unattended sometimes resulting to death, loss of a body part and/or a disability. Women and girls were reported to have sustained injuries from the attacks, including gunshot wounds, cuts, bruises, and fractures.
The Impact of the Crisis on the Mental Health:
The study underscores the urgent need for targeted interventions and policies to improve the lives of women and girls in IDP camps affected by the farmer-herders crisis. It calls for a comprehensive approach that addresses their needs, promotes gender equality, and recognizes the importance of investment in community resilience. This research highlights a myriad of impacts of the crisis on this vulnerable and particular population across domains of their quality of life; recommending more intentional sectoral approaches to addressing the root cause of the long-lasting conflicts as well as the provision of evidence-based interventions targeted at catering for the diverse and unique needs of women and girls in internally displaced camps in North Central Nigeria and in displaced communities across regions in Nigeria.
Experiences of Domestic Workers in North West Nigeria
This study documented the experiences and conditions of domestic workers, the role of stakeholders, and the strategies used to mitigate domestic work abuses in the northwest region of Nigeria.
It examined the policy and legal framework, gaps, and implementation challenges regarding domestic worker protection. It also provided a conceptual review across relevant sections in line with crucial practices and situations of female workers in domestic work employment and issues concerning long hours of work, workload, poor remuneration, lack of voice, privacy issues, abuses (sexual, physical, and verbal), and ill-treatment, among others.
Domestic workers, also referred to as “house-helps”, are a common phenomenon in Nigeria and women and children are mainly used in what has become exploitative labour resulting in cumulative breaches of their human rights, right to decent work and other protection by extant laws.
In Nigeria, most domestic work is informal i.e. performed outside of labour regulations and social protections. Because domestic workers are employed in private homes, they are invisible as workers and isolated from others in the sector. Especially live-in domestic workers are economically and personally dependent and thus work on their employers’ good or bad will. Private homes can be “safe havens”, however, growing evidence suggests domestic workers are exposed to a range of unhealthy and hazardous working conditions (WIEGO, 2021).
Article 5 of the ILO Domestic Workers Convention 189 (2011) provides for the absolute and unconditional protection of domestic workers from all forms of abuse, harassment, and violence.
Who is a domestic worker? Article 1 – For this Convention, a) “domestic work” means work performed in or for a household or household. b) “domestic worker” means any person engaged in domestic work within an employment relationship. c) A person who performs domestic work only occasionally or sporadically and not on an occupational basis is not a domestic worker.
In Nigeria, it is debatable whether a domestic worker, for all intent and purpose, can be considered an ‘employee’ within the context of employer/employee relations or, in other words, does the domestic servant contractual relationship enjoy a statutory flavour like that of an employer/employee relation (whether in public or private employment)? From the Labour Act, this appears to be excluded. However, Nigeria is a member of ILO, and the National Industrial Court (NIC) is statutorily empowered to enforce the ILO Convention at the domestic level. To that extent, can one conclude that any violation of the convention comes within the contemplation of Nigerian law?
NAPTIP Laws (TIPLEA, Act of 2015) also criminalize the use of children under age in domestic work, which the Labour Act excluded.
Section 22 of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act (TIPLEA), provides that: “Any person who […] (b) employs a child to work in any capacity except where he is employed by a member of his family or light work of an agricultural, horticultural or domestic character, or […] (d) employs a child as a domestic help outside his own home or family environment…” commits an offence and is liable to the sanctions outlined in the section, in accordance with sections (b) and (c).
Extant laws in Nigeria, including the Constitution 1999, protect domestic workers from forced labour, slavery and slave-like practices (s. 34 of CFRN, 1999 as Amended)—also, the Child Rights Act and Laws of states of the Federation.
Furthermore, the Violence against Persons (Prohibition) Act (VAPP Act) 2015 and the Violence against Persons (Prohibition) Laws (VAPP Laws of 35 states of the federation of Nigeria also affords protection to domestic workers for violations criminalized therein.
Findings and Interrelatedness to GBV
The study found that despite these provisions, criminal abuse of domestic workers is prevalent among employers in Nigeria. Domestic workers face many cases of abuse from their masters, and sometimes persons related to the masters such as family members, friends and even neighbours.
These include physical abuse, psychological abuse, sexual abuse, and food deprivation/excess workload, which in all ramifications constitute gender-based violence as defined by international, regional and national laws applicable in Nigeria.
Overall, the study recommended that identified stakeholders such as employers, government CSOs/NGOs/CBOs, lawmakers, media, traditional leaders, religious leaders, parents and community members should prevent and combat the abuse and violations of the rights of domestic workers/house- helps.
Key roles amplified include sensitization and support to employers to prevent abuses, public enlightenment campaigns and encouraging girl-child education. Other critical actions to be taken to support workers identified are advocacy for the rights of workers by organizations and individuals with power and influence. Likewise, stakeholders must take up the role of proper execution of legal protections for workers instead of surrendering protection of workers at the discretion of individual employers. The media promotes awareness and advocates for workers’ rights through social media awareness platforms. It is also imperative to have some cultural cum attitudinal change to allow for respect and some dignified treatment for domestic workers.
Conclusion and moving forward
The RLS has partnered with critical stakeholders in academia, government, and non-governmental organizations, such as faith-based organizations. Charis Healthcare and Community Support Initiative is a faith-based non-governmental organization providing mental health services and care to distressed individuals, families, and communities.
These three studies have some commonalities, or a common denominator which is the impact on women as a gendered form of violence.
Concerning the prevalence of GBV, the study found that the IDP camps are breeding grounds for gender based violence, including sexual harassment and assault. The fear of GBV according to women and girls respondents was one of the leading factors to constant feelings of fear, strengthening trauma and increased anxiety.
The same fear, anxiety and personal losses were also found in the case of sit-at-home in Enugu and the Bwari conflict.
Findings in the farmer- herder crisis revealed a high impact on the quality of life of women and girls; the prevalence of post-traumatic stress disorder, depression, anxiety and greater impact on livelihood with attending consequences of gender based violence, child labour and sexual harassment with persistent indulgence in sex selling for food. These were evident in experiences of women and girls in internally displaced camps in two selected states in North Central Nigeria (Benue and Plateau).
Further, the domestic worker’s study was conducted to document the experiences and conditions of domestic workers in the northwest region, understand the legal framework, protection, and gaps in laws protecting domestic work, and assess the role of stakeholders in mitigating abuses in the domestic work industry to contribute to developing strategies for mitigating domestic work abuses.
The findings reveal a complex web of challenges faced by women and girls in IDP camps, which encompass reduced access to essential services, a heightened risk of gender-based violence, and limitations on educational opportunities. We also explore these individuals’ resilience and coping strategies, highlighting the role of support networks, community initiatives, and advocacy efforts in mitigating some of the adverse effects.
These three pieces of research contribute to a growing body of knowledge and jurisprudence on conflict-induced displacement and its gender-specific impacts, especially on how it is either a cause or a consequence of gender-based violence.
These surveys, throw light on the unique challenges faced by women and girls in Nigeria and the effects of GBV whether in conflict settings, sit -at -home or for domestic workers.
The findings provide important insights for government, policymakers, academia, industry, and civil society organizations, especially service providers, including faith-based organisations, on possible interventions to prevent, combat, mitigate, the suffering and empower and bring succor to those affected, especially women and children, including communities impacted by conflict.
It also demonstrates the imperative of bringing women to the peace table in accordance with UN Security Council Resolution 1325. It’s essential to involve women in conflict resolution and peacebuilding efforts to ensure their voices are heard and their rights are protected in these challenging situations.
Furthermore, addressing the impact of the farmer-herder crisis on women and girls requires a comprehensive approach that considers their specific needs. This includes promoting conflict resolution, improving access to education and healthcare, and supporting economic opportunities for women.
The three reports have shown and reinforced the gendered vulnerabilities of women to GBV in domestic and public spheres and also in IDP camps.
GBV prevention and responses would require establishing programs and services to prevent and respond to gender-based violence, ensuring the safety of women and girls. Promoting gender equality, women’s rights, and women’s participation in decision-making processes to empower women and improve social well-being.
Undoubtedly, we can create a more inclusive and harmonious society by empowering women and giving them equal opportunities.
I would like to end my presentation by appreciating the strategic funding support the Rosa Luxemburg Stiftung (RLS) provided to enable these studies. I commend the researchers for their important work; obviously, there is room for improvement. I found one requiring further work to bring up to acceptable standards. There are other limitations and critiques I would not go into in this keynote address. My final take is to congratulate everyone who made this day possible. I thank RLS, particularly the country manager, Angela Odah, for inviting me to deliver this keynote address.
Thank you all for listening! Our work as a collective is far from done, and together, we can continue to work to end GBV, prevent and mitigate conflicts, and foster peaceful coexistence in Nigeria towards sustainable democracy and inclusive development, including gender equality, women’s empowerment, and elimination of gender-based violence.
Short Bio/Profile of Prof. Joy Ngozi Ezeilo (OON, SAN)
Joy Ngozi Ezeilo (Nigeria) is a distinguished Law Professor and Senior Advocate of Nigeria (SAN) with over 30 years of professional experience and expertise in international law, human rights, criminal law, comparative constitution, gender and governance. She is Emeritus Dean of Law at the University of Nigeria. Prof. Ezeilo holds a PhD (Nig.), LLM (London), LL.B. (Nig.), BL, and Diploma in Peace & Conflict Resolution (Uppsala). Between 2008 and 2014, she served as the United Nations Special Rapporteur on Trafficking in Persons. She has received numerous national and international accolades, including the Nigerian Government’s Officer of the Order of Niger (2006) and a place on the BBC’s 2022 listing of 100 women of impact in the world. The United Nations Human Rights Council appointed Prof. Ezeilo in December 2023 as one of the three Expert Members of the International Fact-Finding Mission on Sudan (2023- 2024). She is also the Deputy Chairperson of the African Women Leaders Network (AWLN), Nigerian Chapter and served as a member of the Judicial Panel of Inquiry Enugu state on Police Brutality.
Prof. Ezeilo, SAN, pioneered teaching women, children, and the law in 1997, including developing a curriculum for teaching human rights, health law, and reproductive rights in Nigerian Universities and a sexual harassment policy for educational institutions and workplaces.
As a scholar, feminist and activist, Prof. Ezeilo has published extensively in her field of specialisation and worked in over 120 countries worldwide, delivering public lectures and organising and participating in conferences and workshops.
She is the founder of Women Aid Collective (WACOL) and Tamar SARC, which collectively have provided in the last 26 years over 60,000 free legal aid to women and children in difficult circumstances, including victims/survivors of sexual and gender-based violence. She has served as a Member of the United Nations Civil Society Advisory Board on Prevention of Sexual Exploitation and Abuse (Feb 2019 to Feb 2021) and a Board Member of the UN Trust Fund for Victims of Trafficking (2013-2016). She is a high Chief in Igboland and fondly called ‘triple Chief, Ochendo, Ada ejiejemba Ndi Igbo, and Nzebunachi.
Prof. Ezeilo has served as a consultant/trainer to many international and national organisations, including the UNDP UN Women, UNICEF, UNFPA, MacArthur Foundation, ILO, British Council, DFID/UKAid, Rule of Law and Anti-Corruption (RoLAC)/EU, IDEA, Federal Ministry of Justice, National Assembly on Constitutional and Electoral Reforms and the National Judicial Institute (NJI).
Prof. Ezeilo is the 2019 winner of the National Human Rights Award bestowed by the National Human Rights Commission (NHRC) and the 2022 Civil Society Award of Excellence jointly awarded by the UNDP, United Nations Women in collaboration with the Embassies of the United States of America, Germany, France, EU Delegation and the British High Commission. Professor Ezeilo is a recipient of several international and national honours/awards, including the British Chevening Scholarship (1995), John D. and Catherine T. MacArthur Foundation’s Funds for Leadership Development (1998) and being recognised by Newsweek/Daily Beast New York, USA in 2013 as one of the 125 women of impact in the world for her work to end human trafficking. She also received the Hon. Justice Taslim Elias Award (2019). This is an extended teaching service award for law teachers who are professors and have served over 25 years in the teaching of law at Nigerian universities.