A non governmental organisation CLEEN Foundation has called for Gender Accountability roadmap should be devised, to adequately tackle challenges like inadequate awareness of laws, lack of training and insufficient collaborative efforts.
The foundation made the call at the policy presentation on Gender accountability and transparency in the implementation of the ACJA during an interactive session with pressmen recently in Lagos.
Speaking at the event, Director of Programmes, CLEEN Foundation Salaudeen Hashim said: “The existing frameworks should be strengthened to ensure timely implementation, alongside a gender-responsive budget.”
Gender equality in criminal justice is not just a matter of fairness but also essential for the credibility and effectiveness of the system”, he added
Access to justice promotes the achievement of sustainable development as it promotes the participation of citizens of a country, reduces poverty, increases the productivity of persons and strengthens the peace and development of nations. In Nigeria, however, most women are deprived of justice in several ways. It has been emphasised that gender equality in criminal justice is not just a matter of fairness but also essential for the credibility and effectiveness of the system.
The Administration of Criminal Justice Act (ACJA) includes gender-responsive provisions such as:
Women and individuals from marginalized demographics often face unique challenges and biases within the criminal justice process. Addressing these issues is not only the right thing to do but critical to achieving a truly just system. Transparency is the bedrock of democratic governance and justice. When the processes and decisions within the criminal justice system are transparent, they invite scrutiny, encourage fairness, and deter misconduct.
According to Hashim the goals of the policy dialogue were to Explore the nexus between gender, accountability and 0 transparency within the framework of the ACJL and
identify gaps.
Propose policy recommendations in the mid-term review that ensure the ACJL is implemented with a gender responsive approach across states
There should be a resolution of conflict between the Penal and VAPP law in which consent of 15 years in the penal code is not considered rape, while in VAPP law, it is indeed rape.
Bail should be granted a limited time of 3-months.
Promote dialogue among stakeholders to enhance collaboration in addressing gender-based challenges in the criminal justice system
Some sections of the law should clearly spell out the element of an offence to prevent ambiguity or should be completely reviewed e.g. Sec. 20 on spousal battery making it difficult for the prosecution.
Publishing the identity of a survivor of an offence should not be without any punishment Sec. 40 (1)
Creation of awareness around emotional and psychological abuse
More pro-bono lawyers should be made available to inmates in Delta to facilitate speedy trials
Increased security at the Delta state correctional facilities
Improve provision of health care services for inmates at the correctional centres in Delta state.
Alternative Dispute resolution should be popularized
There should be public hearing for all bills to enable the citizens make imputes.
There should be specialized court for minor victim of Gender Based Violence case.
Recommendations
NORTHWEST
(Katsina, Jigawa & Sokoto)
Limited support for GBV survivors among law enforcement agencies.
ConfIicts between the Penal Code and VAPP Law which do not fully reflect the innovations in the VAPP Law around rape and similar acts.
Currently, the Child Protection Law is not fully implemented in states like Katsina and females do not stand surety in the State.
women are discouraged from reporting abuses due to societal stigma, cultural pressures, or fear of retaliation. This leads to underreporting of cases and leaves perpetrators unaccountable.
The presence of customary laws alongside statutory laws creates inconsistencies in the application of justice, especially in gender sensitive cases reported in this region.
A Gender Accountability roadmap should be devised, to adequately tackle challenges like inadequate awareness of laws, lack of training and insufficient collaborative efforts.
The existing frameworks should be strengthened to ensure timely implementation, alongside a gender-responsive budget.
There should be a resolution of conflict between the Penal and VAPP law in which consent of 15 years in the penal code is not considered rape, while in VAPP law, it is indeed rape.
Bail should be granted a limited time of 3-months.
New Note nd Recommendations
NORTHCENTRAL
(Kwara & Bauchi)
ISSUES NOTED
Lack of gender courts to specifically treat gender-based offences v Absence of technological tools to aid data management of cases. Withdrawal of gender-based cases due to lack of funds and stigma Overcrowded and dilapidated correctional facilities.
Lack of awareness of the provision of the ACJA/L
Inter agency rivalry persists
Non implementation of the legal provisions on Parole according to the Correctional Act, 2019
RECOMMENDATIONS
There is need for digitalization of court processes, to ensure adequate tracking of completed cases, court trials and proceedings
inter-agency parley should be encouraged
Fast tracking the passage of Gender and Equal Opportunity Bill and signing it into law for implementation.
Need for separate male and female facilities for juvenile offenders
e More public awareness and campaigns should focus on criminal justice process and how citizens can hold the system accountable.
NEXT STEPS
Expand the use of HRMIS: The HRMIS platform by CLEEN Foundation should be promoted Automated Complaint widely among local communities to Reporting Database on Human encourage reporting of rights Rights viotatlons In Nigeria violations across the regions.
for law enforcement and judicial of fers on gender accountability should be prioritized.
Gender Sensitivity Training: Comprehensive training programs
CONCLUSION
Gender accountability is a process that ensures that women and men have equal access to opportunities, rewards, and society’s valued resources. However, certain human-made socio-cultural factors constrain the process, making it an uphill task in Nigeria Justice system. Through awareness around the Administration of Criminal Justice Act and its provisions, and in partnership with key stakeholders, we are able to navigate the skewed nature of gender and digital divides and push for implementation across board.
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