The Niamey Guidelines to combat sexual violence and its consequences in Africa and sexual harassment: A case study of Nigeria

Authors: Ebenezer Durojaye and Temitayo Lawal

ISSN: 1996-2193
Affiliations: LLB (Lagos) LLM LLD (Free State), Head Socio-Economic Rights Project, Dullah Omar Institute, University of the Western Cape; LLB (Nigeria) LLM (UWC), Assistant Chief State Counsel, Sexual and Gender-Based Violence Unit, Federal Ministry of Justice, Abuja, Nigeria
Source: Stellenbosch Law Review, Volume 33 Issue 1, 2022, p. 78 – 99
https://doi.org/10.47348/SLR/2022/i1a4

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Durojaye, E and Lawal, T
The Niamey Guidelines to combat sexual violence and its consequences in Africa and sexual harassment: A case study of Nigeria
Stellenbosch Law Review, Volume 33 Issue 1, 2022, p. 78 – 99
https://doi.org/10.47348/SLR/2022/i1a4

Abstract

This article examines the importance of the provisions of the Niamey  Guidelines to Combat Sexual Violence and its Consequences in addressing  sexual violence, including sexual harassment in Africa. Using Nigeria  as a case study, the article examines the provisions of international and  regional human rights instruments in addressing sexual harassment. It  discusses the Guidelines’ approach to addressing sexual violence, including  sexual harassment. The article highlights some of the salient provisions of  the Niamey Guidelines on sexual violence, which include the obligation of  states to prevent sexual violence, protecting and supporting victims of sexual  violence, investigating and prosecuting sexual violence, ensuring reparation  to implementing international and regional norms on sexual violence at the  national level. The analysis of the Niamey Guidelines vis-à-vis legislation  to address sexual harassment in Nigeria is grounded in asking the woman  question. This refers to how laws, policies and judicial decisions take account  of the lived experiences of women. Thereafter, the article discusses some  of the gaps in the approach by the Nigerian government to address sexual  harassment and offers recommendations for the way forward.