Civil Society Consortium Demands Transparency on the VAPP Repeal Bill

Yinka Olatunbosun

A consortium of 16 civil society organisations led by Nguvu Collective has sent an open letter to Senator Jibrin Isah, calling for transparency and public consultations on the proposed VAPP Repeal Bill.

The need for stringent laws and a better support system for survivors has always dominated the conversation about the rampant sexual and gender-based violence (SGBV) in Nigeria. In 2015, Nigeria’s Violence Against Persons (Prohibition) Act (VAPP), was hailed as a critical tool in fighting gender justice. After a decade of advocacy, the VAPP Act proved to be a pivotal turning point in the criminalisation of Female Genital Mutilation (FGM), expansion of the definition of rape, and victim compensation. Despite diverse challenges, the VAPP Act was adopted by over 34 states.

However, a new bill by Senator Jibrin Isah, which passed a second reading in the Senate in September 2024, now seeks to repeal and replace it with what is termed “more robust” legislation. Activists worry that this may reverse the gains of grassroots efforts to mitigate gender-based violence (GBV) and have particularly decried the lack of transparency and consultation in the process of developing this new bill.

Nguvu Collective, a women’s leadership organisation, has led a collaborative action with 15 civil society organisations in Nigeria to bring together the concerns of gender rights activists in an open letter to Senator Jibrin Isah, the sponsor of the VAPP Repeal and Enactment Bill, 2024.

These organisations include YIAGA Africa, Dorothy Njemanze Foundation, WILAN, Connected Development (CODE), Gender Mobile, TechHerNG, 16 Stories, ASVIOL Support Initiative, Fembud NG, Devatop Centre for Africa Development, Chafhein, The Public Policy Shapers, Help The Woman Campaign, AdvoKC, and Youth Be Involved (YBI).

The letter calls for an inclusive and well-publicised public hearing to enable the broad and meaningful participation of key stakeholders and the public in a comprehensive review process. It expresses deep concern over the delay in organising a public consultation on this important Bill because the current VAPP Act “stands as a monumental legal safeguard against violence, especially for women, children, and marginalised groups.

“Any changes to the VAPP Act must be developed with the voices of civil society, human rights defenders, gender-based violence experts, and survivors at the forefront. Transparent, inclusive consultations will ensure that the amendments reflect the real needs of those whom the Act seeks to protect,” the Civil Society Consortium led by Nguvu Collective said.

Nguvu Change Leader, Priye Diri, who launched an online campaign against the Bill to Repeal the VAPP Act, said: “It is essential to engage in thorough consultation with all stakeholders to ensure comprehensive input on the bill. The consortium of 16 civil society organisations came together to jointly urge for Public Consultation because we cannot afford to work in silos; only through collective effort can we achieve a truly impactful and inclusive outcome.”

The open letter is a reminder that the VAPP Act is the only piece of legislation in Nigeria today that shields and caters to the needs of countless Nigerians facing SGBV across different socio-economic, religious, and ethnic backgrounds. “The prevalence of SGBV in Nigeria is influenced by cultural norms, gender inequality, poverty, and weak legal enforcement. In many states where the Act has been domesticated, the culture of silence has been broken due to the VAPP Act,” the letter said.

The signatories also made recommendations to strengthen the proposed re-enactment bill such as substituting the word “victim” for “survivor” in the bill, and inclusion of online Gender-Based Violence in the interpretation of harassment and not simply cyber-stalking.

In addition, the coalition held that the age segregation in the offence of defilement of a child in clause 2 of the Bill should be harmonised. It should be one offence for defilement of a girl under the age of 18 years.

They also plead for the proposed “mental disorder” in the Bill which is introduced to replace the derogatory term in the Act “mentally retarded” with “mental disabilities” in clause 29 (4) (b) of the proposed bill. The group says penalties in the bill should be stated in the minimum. In that case, the Judge would only exercise discretion regarding the maximum penalty imposed upon conviction.

“Nigeria has pledged to protect women’s rights, and a holistic reform of this legislation would enhance those obligations while also restating our leadership on human rights,” the signatories concluded.