Sexual Violence: The Role Of The Police

 

The damning state of insecurity has fueled the rise of sexual harassment and violence in Nigeria, Africa’s most populous nation of about 170 million people.

Although sexual violence is rarely reported in Nigeria, no fewer than two or three stories on sexual and reproductive violence are published in the newspapers daily. Such stories range from rape, kidnapping, acid-bath, wife-battery and other forms of physical and emotional abuse.

Continuous terror attacks, ruthless killings and abduction of children have not helped to curb the growth the ugly scourge of his menace and the most affected victims of this erroneous act are the women and the children.

While the issue has been brought to fore by concerned stakeholders, little has been done to properly address this situation. There is no standard law to address the fight against sexual violence in this present generation – especially in regards to the definition of what sexual violence is in the 21^st century.

The Violence Against Persons Prohibition Bill (VAPP Bill) that has been drafted for approval into law has continue to hit stone wall. When this bill is passed, it will address the present problem especially in regards to the modern law unlike the 19^th century colonial law the country still follow to combat this problem.

So who should we turn to when the going gets tough on sexual harassment?  The police.

However, the police – a constituted agency of law has also been found wanting in aiding and abetting sexual violence acts through their actions and deeds.

Often time, the policemen themselves harass their suspects and handle sexual violence cases with such levity that the public has start to lose faith in their capacity as the forerunner to the messiah that will liberate them. (The messiah here is the passage of the VAPP Bill and the court who will issue appropriate sanction and sentences to the offender).

This is not to point an accusing finger at the police or utterly criticize their role in helping to maintain peace and security in the country, but the truth of the matter is their actions have fueled the rise of sexual violence in the country.

The fact that they consider most cases of sexual violence as inconsequential because “there are no evidence to back up the act” is an injustice that should not be overlooked.

In Nigeria, the regular Police attitude towards cases of sexual violence and harassment are of that of “Bystander apathy”.  They consider cases of sexual violence as part of culture, tradition and a family matter.

The police may argue that they are doing their best, but there is need to reinstate that they need to do more in seeing that justice prevail.

So, what are the roles of the Police In Sexual Reproductive Right?

·         The police are first responders to cases of sexual violence

·         Their primary duty is to save life

·         Duty to protect human rights

·         Equal treatment to all

·         Enforce law not tradition or religion

·         Show empathy

·         Apply discretion

·         Provide appropriate response

·         Counsel: safe abortion/ adoption

·         Proper referral

·         Be involved in women’s rights and health

·         A denial of any of women rights and health diminishes police role.

What does the law Say?

According to the Nigerian constitution:

Section 15 (Sub-section 2)  ...National integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.

Section 34 (1) Every individual is entitled to respect for the dignity of his person, and accordingly –

(a) No person shall be subject to torture or to inhuman or degrading treatment;

Section 42 (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

(a)  be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

Also,

The United Nations Code Of Conduct For Law Enforcement Officers

Article 2

In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.

Article 5

No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat of national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment

Section 340… a police officer is required to have a thorough understanding and knowledge of the laws, and of police orders and instructions, and to develop the attributes of:

            …integrity, in refusing to allow religious, racial, political, or personal feelings or other considerations to influence him in the exercise of his duties; ETC

Nigerian Police Act and Regulations:

Section 340… a police officer is required to have a thorough understanding and knowledge of the laws, and of police orders and instructions, and to develop the attributes of:

            …integrity, in refusing to allow religious, racial, political, or personal feelings or other considerations to influence him in the exercise of his duties; ETC

Regulation 353: “A Police Officer shall not conduct himself in such manner as to bring his private interests into conflict with his public duties or in such manner as is likely to cause a suspicion in the mind of any reasonable person that he has –

a.         allowed his private interests to come into conflict with his public duties; or

b.         used his public position for his advantage”.

YOUR RELIGION OR TRADITION IS PRIVATE. IT IS NOT THE LAW

A Police officer shall perform all duties impartially, without favour or affection, or ill will and without regard to status, sex, race, religion, political belief or aspiration.

All citizens will be treated equally with courtesy, consideration and dignity.

Sections 4 of the Police Act CAP 359 LFN 19:

·         The prevention and detection of crime

·         The apprehension of offenders

·         The preservation of law and order

·         The protection of life and property,

·         Due enforcement of all laws and regulations with which they are directly charged,

·          Perform such military duties within or without Nigeria as may be required of them by, or under the Authority of this or any other Act.

What the police must know in cases of sexual violence:

Although abortion is not fully legal in Nigeria; a woman has the right to:

·         Safe abortion (Unsafe abortion is the 3rd largest cause of maternal mortality).

·         Family planning (Spacing babies and choice of number of babies).

·         Counseling.

·         Choice of male partner/ who to have sex with.

·         Maturity before marriage.

They must also bear in mind that:

·         Every girl-child has a right to education.

·         Women are pivotal to our national development

·         Women’s rights are human rights

How can police help to address cases of sexual violence?

·         Protect human right.

·         Ensure equal treatment to all.

·         Enforce law, not tradition and customs.

·         Show empathy in cases of violence

·         Apply discretion when handling cases.

·         Counsel safe abortion /adoption and give appropriate response.

Since the police are one of the primary groups that can help to deal with sexual violence issues in the society; they have a huge responsibility to handle related cases with care so that they would not compound the problem.

This is because if the police must take their job seriously because “if police fails, the nation fails.”