16 Apr 2006 |
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For this cause shall a man leave his father and mother, and shall be joined unto his wife, and they two shall become one flesh. This is a great mystery; but I speak concerning Christ and the church. Nevertheless let every one of you in particular so love his wife even as himself; and the wife see that she reverence her husband. - Ephesians 5: 21 - 33
The Domestic Violence Bill that is currently being discussed at the committee stage in the Lagos State House of Assembly with appeals to the public to make inputs addresses one of the major problems affecting human relationships in the Nigerian society. Years of military rule, economic dispossession and the institutionalisation of violence as a convenient means of communication, worsened by the failure of the system to enforce the rule of law has turned the country into an open theatre of violence. But whereas violence in the public arena is easily visible, what goes on in the name of domestic violence, is often unseen, unreported; yet it has scarred many lives, destroyed relationships and ruined the potentials of many to function as citizens with legitimate rights. The Speaker of the House of Assembly in Lagos, Adeyemi Ikuforiji told the audience at a public hearing organised by the House Committee on Women Affairs and Poverty Alleviation that the bill "will address all issues relating to domestic violence in homes". He observed that "violence against innocent people has reached an alarming level in the state". The concern of the House of Assembly is understandable. However, if the bill is to be effective, it should pay special attention to the specific challenge of violence against women, the condition that is, of women as victims of domestic violence. It is a notorious truth that women in the Nigerian society, including those educated ones, who appear to have been liberated from the shackles of phallocentrism, are victims of culture, convention and gender inequality which have placed women at the receiving end of all forms of violence. Culturally, women are treated and regarded as second class citizens, as chattel acquired by a man and his family for the twin purpose of child bearing and companionship, to be seen as a piece of decoration and not to be heard, and if the man dies, she is regarded as a suspect. To subjugate women, and uphold cultural conventions, the Nigerian woman has been exposed to all forms of violence: rape, battery, obnoxious widowhood and traditional practices, denial of right to own property, child marriage, female genital mutilation and mental torture. The educated and enlightened couple remains in the minority category. When a man allows his wife equal rights and opportunities, he is accused of being a "woman wrapper." He is accused of having been given "something to chop" by his wife. He is expected by friends and family to be the "master of his own house". Even in households that are headed by women as breadwinners, the poor husband still asserts his unfounded claim to superiority by resorting to violence. The result is that in many Nigerian homes, the fist is a living symbol of male domination. Nigerian wives are pummeled, slapped, kicked, humiliated, raped by their husbands; they are denied decision-making rights; they are constantly reminded that they could be sent back to their parents. Those who cannot be sent back are threatened with the prospect of an additional wife in the home or outright abandonment. In a society where marriage is considered important, a woman who is sent away by her husband, or who is unable to get a husband to take her to the altar is regarded as an incomplete person. So many women stay in loveless marriages, in abusive relationships because society expects them to do so. Others accept their circumstances as fate because they cannot afford the prospect of a return to poverty. If their husbands are rich, and he has been able to provide all the necessary comfort that confers status and respect on the family: a nice house, fat bank accounts in all possible currencies, education for the children in choice schools overseas, regular foreign travel for Madam, generosity towards her family, the woman sums it all up and concludes that an occasional dirty slap on the face is not too much a price to be paid for the privileges that she enjoys. She rationalises her condition and lives with it. Such a woman would not dare report her husband even to a close friend: she would be afraid that another woman who would not mind being beaten in exchange for obvious privileges could snatch her husband and upstage her. But can an additional law alone change the situation? There are already existing laws which address all forms of domestic violence: battery, rape, attempted murder, manslaughter, murder etc. Nigeria is also a signatory to international conventions on the elimination of discrimination against women. The Nigerian Constitution also does not allow any form of discrimination on the basis of gender. Women, children and all citizens are entitled to the full scope of human rights under Chapter Four of the 1999 Constitution. When they become victims of domestic violence, it is those rights that are taken away. What has happened is that there has been no will on the part of governments and institutions to enforce the relevant laws. On a regular basis, media reports reveal how young girls are raped by lecherous neighbours; how fathers abuse their daughters and wives, after the initial shock and righteous condemnations, the matter is soon forgotten. One young girl once granted an interview on television about how she was raped by a male friend whom she had gone to visit at home. She went to the police station to report the fellow. The policemen on duty asked her whether she was the one who went to the man's house with her own legs. When she replied in the affirmative, the policemen started laughing. They told her: "how can you possibly go to the lion's den with fresh, nice meat and expect the lion not to pounce at it?" It meant nothing to the police that the lady was slapped and brutalised before her assailant overpowered her. She wept on television. The intent of a domestic violence bill can only be justice and the protection of the dignity of the human person. But can anyone guarantee justice in Nigeria? One woman who had been having problems with her husband, and had been battered and badgered for years finally could not take it anymore. So she took the case to the police station. Her husband who had married her under the Act, had taken another woman as wife and brought her home. The complainant's protest only earned her serious assault with threats that her three children will be disowned by her Almighty Husband. One day, she was beaten black and blue with blood dripping onto her blouse. The police could see the broken lips, the blood-soaked blouse and the fear in her eyes. But they told her: "Madam, this is a police station. We don't interfere in husband and wife matters. Go back home and settle with your husband. You women are too quarrelsome. That is how my wife behaves too. You women you are all the same." This statement by the police summarises the worldview of many Nigerian men. "Women are quarrelsome. They are like children. To lead them, you must use the whip. They are all the same" This position flies in the face of the great strides that have been made by Nigerian women throughout living experience. It is a paradox that is sustained by the insecurity of the male population. The cost of domestic violence is imaginable. Murder is involved as in the example of one Billy Ndume who was reported in the Punch of Thursday April 13, p. 5, as having killed two wives of his in 16 years. "He had earlier slaughtered his first wife and was sentenced to 13 years imprisonment" He regained his freedom in 2003, he then married another woman whom he has now also slaughtered. Incidentally, he was the one who reported himself to the police. His is one of those rare cases. For the most part, Nigerian women suffer and die in silence. It is worse when there are children in the marriage. A woman is advised not to jeopardise her children's future by reporting her husband to the police. She suffers in silence until tragedy occurs as in the celebrated case of a Lagos-based big man who threw his wife from the first floor of their home onto the street below. She was suspected of infidelity. She died. Too many women have been killed on the grounds of infidelity and it is not in all cases that the matter is taken to court. Like women, children also suffer. Each time the story is told of how a child in Europe can report his or her parents to the police, Nigerians scream "God forbid!" The brutalisation of children like forms of cruelty against women, is regarded as part of the African cultural experience which should not be interfered with by western morality. International Human rights is therefore accommodated in a conveniently selective manner. . So this is where the challenge lies. The Lagos House of Assembly may make the law for record purposes, as proof of its own enlightenment, but how can it be enforced if nobody uses it to reaffirm individual human rights? The Speaker says the law is meant for everybody. It is not impossible that there are men in this society who are abused by their wives. I have actually heard of men who are beaten by their wives regularly. But who is that man who will go to a police station to report that his wife beats him? Who is that child who will report his parents to the police and receive attention? Or the maid who will go to the police station to report how she had been raped by Madam's husband? How many families, in a society where stigma is very strong and rumours never seem to die, can advertise their daughter as a victim of rape? All the women whose husbands subject to psychological violence by marrying other women, in violation of the marriage oath, how many of them can insist on justice under the law on bigamy, which is for all practical purposes, a dead law? Domestic violence is not peculiar to Nigeria. It is a universal problem, to the extent of being a human problem. The difference is that in other societies, the will exists to address the problem and the institutions apply the rules accordingly. There is also public enlightenment, and the society is not structured in such a way that human beings live in fear because they are helpless. The greatest threat to the dignity of the human person in Nigeria is the failure of the framework for human freedom. We must restructure our democracy to address the interests of vulnerable groups in society who are the major victims of all forms of domestic violence. Investment in education is important, the more educated and enlightened a woman is, the more difficult it is to subject her to abuse, especially if she is economically independent. Too many people, men and women willingly sign off their basic rights as a shield against poverty. The police and the judiciary have to be retrained and sensitised to treat cases of domestic violence with the seriousness that it deserves. In many cases, the standard response of the court is to dissolve an abusive marriage, without awarding proper sanctions against the offending party. Unfortunately, the caveat here is that a court cannot inquire into a matter that is not properly before it. But how about rape? To prove an allegation of rape, the complainant may be subjected to great humiliation. For whatever it is worth, the proposed law on domestic violence in Lagos state should establish the procedure for the investigation and prosecution of offences under the law; it should fix the minimum age for marriage for boys and girls at 21; it should insist on compulsory education for girls and boys, and the setting up at state expense of a counseling and monitoring centre for violations of human rights with special emphasis on women and children. The mechanism for enforcing the law should also include collaboration with the NGO network which appears to have more up-to-date information on cases of domestic violence.
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