Our topic for today is “Overview of Violence against Women Law 2016 (Oyo State)”.

This is a Law to prohibit violence against women in public and private life, harmful traditional practice, and prescribe punishment for the offenders and other matters connected therewith.

This law also prohibits Female Genital Mutilation in Oyo State and prescribe punishment for offenders of #FGM.

Before we proceed to analyse this law, it is important that we understand what Female Genital Mutilation is.

Female Genital Mutilation (FGM) is defined by the World Health Organization (WHO) as “all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.

The World Health Organisation (@WHO) classifies FGM into four types with subdivisions.

FGM Type I: partial or total removal of the clitoris and/or the prepuce (Clitoridectomy). The 2 subdivisions are, FGM Type Ia: removal of the prepuce/clitoral hood (circumcision) and FGM Type Ib: removal of the clitoris with the prepuce.

FGM Type II: Partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora (excision).

The 3 subdivisions are of FGM Type II are; FGM Type IIa: removal of the labia minora only; FGM Type IIb: partial or total removal of the clitoris and the labia minora; and FGM Type IIIc: partial or total removal of the clitoris, the labia minora and the labia majora.

FGM Type III: Narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora and/or the labia majora, with or without excision of the clitoris (infibulation).

The 2 subdivisions are, FGM Type IIIa: removal and appositioning the labia minora with or without excision of the clitoris; and FGM Type IIIb: removal and appositioning the labia majora with or without excision of the clitoris.

Type 4: This includes all other harmful procedures to the female genitalia for non-medical purposes, e.g. pricking, piercing, incising, scraping and cauterizing the genital area.

It is estimated that over 200 million girls and women worldwide are living with or at risk of suffering the associated negative health consequences of FGM.

Every year 3 million girls and women are at risk of FGM and are therefore exposed to the potential negative health consequences of this harmful practice.

FGM has no known health benefits, and those girls and women who have undergone the procedure are at great risk of suffering from its complications throughout their lives.

Immediate consequences of FGM include severe pain and bleeding, shock, difficulty in passing urine, infections, injury to nearby genital tissue and sometimes death.

The procedure can result in death through severe bleeding leading to haemorrhagic shock, neurogenic shock as a result of pain and trauma, and overwhelming infection and septicaemia, according to Manfred Nowak, UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

Almost all women who have undergone FGM experience pain and bleeding as a consequence of the procedure.

The event itself is traumatic as girls are held down during the procedure. Risk and complications increase with the type of FGM and are more severe and prevalent with infibulations.

FGM of any type is a violation of the human rights of girls and women. FGM is known to be harmful to girls and women in many ways.

The removal of or damage to healthy, normal genital tissue interferes with the natural functioning of the body and causes several immediate and long-term physical, psychological and sexual consequences. Results show that when women’s and girls’ human rights are reinforced and legally protected, FGM declines or is abandoned altogether.

Oyo State Violence Against Women Law, 2016 was ENACTED by the House of Assembly of Oyo State of Nigeria in December 2016 and signed into law on 23^rd January, 2017 by His Excellency, Gov. Abiola Ajimobi.

It is a Law to prohibit violence against women in public and private life, harmful traditional practice, and prescribe punishment for the offenders and other matters connected therewith.

The law captures #FGM, Harmful traditional Practices, Physical abuse, Assault, rape and defilement of girl, Spousal battery, Sexual harassment, sexual discrimination and exploitation, and more.

Oyo State VAW Law 2016 defines circumcision or genital mutilation” as cutting off all or part of the external private organs  of  a  woman  other  than  on  medical ground.

According to Oyo State Violence against Women Law 2016, “woman” means  any person  of  the  female gender of any age.

PART 2 (OFFENCES AND PENALTIES), Section 9 of the Law deals with Prohibition of female circumcision or genital mutilation.

Section9 subsection 1 of Oyo State VAW law 2016 Says that; the circumcision or genital mutilation of a woman is hereby prohibited.

Section 9 subsection 2 captures “Offence of female circumcision or genital mutilation.”  

Subsection 2 says; any person who performs female circumcision or genital mutilation or engages another to carry out such circumcision or mutilation is guilty of an offence and liable on conviction to imprisonment for a term not exceeding four years or to a fine of #100,000 or both.

Section 9 Subsection 3 of the Oyo state VAW Law 2016 captures “Attempted female circumcision.”

Subsection 3 say; Any person who attempts to commit the offence under this section is guilty of an offence and liable on conviction to imprisonment for a term not exceeding two years or to a fine of N80, 000.00 or both.

Section 9 subsection 4 captures; “Aiding female Circumcision.”

Subsection (4) says “Any person who incites, aids, abets or counsels another person to commit the offence under this section is guilty of an offence and liable on conviction to imprisonment for a term not exceeding two years or a fine of N80, 000.00 or both.”

Section 9 Subsection 5 of Oyo State VAW Law 2016 capture “Accessory after the fact of female circumcision.”

Subsection (5) says “Any person who receives or assists another person to commit the offence under this section is an accessory after the fact and is guilty of an offence and liable on conviction to imprisonment for a term mot exceeding six months or a fine not exceeding #50,000 or both.”

Section 23 of the Oyo state Violence against women Law captures “Harmful Traditional Practices in which FGM is also part of.

According to the Law; “harmful traditional practices” includes all behaviour,  attitudes,  practices  in  relation  to  a tradition or custom which negatively affects the fundamental rights, dignity, physical or emotional wellbeing of a woman such as harmful widowhood practices, denial of inheritance or succession rights, female genital  mutilation or female circumcision, forced marriage and forced isolation from family and friends;

Section 23 Subsection (1) of the law states that; “Any person who carries out a harmful traditional practice on a woman is guilty of an offence and liable on conviction to imprisonment for a term not exceeding four years or  a fine not exceeding N 100,000.00 or both.”

Section 23 subsection (2) states that; “Any person who attempts to commit the offence under this section is guilty of an offence and liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding N80,000.00 or both.”

According Section 23 subsection (3); “Any person who incites aids, abets or counsels another person to commit the offence under this section is guilty of an offence and  liable on conviction to imprisonment for a term not exceeding two years or  a fine not exceeding N80,000.00 or both.”

Section 23 subsection (4) Any person who receives or assists another person who to his knowledge has committed an offence under this section is an accessory after the fact and is guilty of an offence and liable on conviction to imprisonment for a term not exceeding one year or a fine not exceeding N30,000.00 or both.

Part 3, Section 28 Subsection 1(1) gave the High Court and the Magistrate Court jurisdiction over offences under the Oyo State VAW law 2016.

According to Section 28 subsection ( 2)where the punishment for an offence does not exceeds 2 years imprisonment, the Magistrate shall have jurisdiction.

Section 28 subsection (3) states that “when the punishment for an offence exceeds 2 years imprisonment the High Court shall have jurisdiction.”

Having shared the stand of the Oyo State VAPP Law 2016, we also understand that the good people of Oyo state needs to come to the awareness of this law. Hence, the need for dissemination of this law across LGAs, Towns and Communities.

• There is a need to further engage the judiciary and the security agencies towards the enforcement of these laws to avoid having them as just virtual accomplishments.
• ·         There is a need to also train the personnel in the judiciary and the security agencies on the provisions of the law.
• The police, Civil Defence and Nigerian Prisons must be alerted towards this urgent call to prosecute every offender of this harmful practice.

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Together we will end FGM in this generation