VIOLENCE AGAINST WOMEN IN LAGOS STATE

Transcription

1 GUIDELINES FOR RESPONDING TO CASES OF VIOLENCE AGAINST WOMEN IN LAGOS STATE The following organisations contributed to the drafting of these guidelines and adopted them on 31 August 2012 BAOBAB for Women s Human Rights (BAOBAB) Project Alert on Violence against Women (Project Alert) Legal Defence and Assistance Project (LEDAP) West Africa Network for Peace building (WANEP) Media Concern Initiative for Women and Women s Consortium of Nigeria (WOCON) Children (MediaCon) Women s Rights and Health Project (WRAHP) Partnership for Justice (PJ)

2 TABLE OF CONTENTS Acknowledgments Introduction 1 Initial Reception of Victims 2 Medical Assistance 4 Interaction with the Police 6 Legal Processes 8 Safety 10 Basic Counselling 11 Case / Knowledge Management 12 Publicity 13 And Finally 14 Organisations / Government Agencies available for 15 Referrals NGOs that worked on these guidelines 16 ACKNOWLEDGEMENTS The authors would like to thank all the organisations that contributed to the development of these guidelines. These include groups from Lagos State, across Nigeria and from other African countries. Appreciation is also due to the Lagos State Ministry of Women Affairs and Poverty Alleviation for their active participation in the development workshops. Other contributors are too numerous to mention but their help and support is sincerely appreciated.

3 INTRODUCTION The purpose of these guidelines is to provide Civil Society Organisations (CSOs) that assist and support victims of gender-based violence with a standard framework for responding to the needs of victims. These guidelines were developed by a group of eight CSOs with the support of the DFID-funded Justice for All programme (J4A). The guidelines are not intended to be prescriptive or mandatory; they provide a framework for taking care of the needs of victims that will enable a broadly common response to violence against women cases across the state. The term violence against women means any act of gender based violence that results in or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life. Violence against women takes various forms including, but not limited to: physical, sexual, emotional, and psychological. These broad guidelines can be applied in response to all forms of violence against women whether occurring in private or public situations. 1 United Nations definition from the Declaration on the Elimination of Violence Against Women adopted by the General Assembly in

4 INITIAL RECEPTION OF VICTIMS The initial period after any assault or incidence of violence is the most critical time for the victim. They are likely to be extremely upset, vulnerable, scared and may be physically injured. The recommended manner in which to engage with victims in this initial period is as follows: Introduce yourself and make the victim (and/or their proxy) feel welcome. Do not keep them waiting and direct them to the most appropriate officer in your organisation who can help them. Establish if they are physically injured and in need of urgent medical treatment. Settle them down as best you can and provide information about the work of your organisation. Assure the victim of the complete confidentiality of your conversations. Record basic personal information about the victim. Seek consent and ensure evidence of consent is secured and retained. Speak to the victim in an empathetic manner and establish the nature of the assault / violence and any relevant background to it. 2

5 Assess the immediate needs of the victim and prioritise those needs (e.g. is immediate medical attention required? Is it necessary to start an immediate investigation?). Take note of victims with disabilities, secondary victims, etc. Provide information on the options available to the victim and the intervention process involved. This might include information about the organisations / agencies involved; their roles; the victim s rights and responsibilities; what might happen during the process and what the victim may need to do during the course of the intervention. Provide psycho-social support if required during this initial stage. This might include: provision of emergency clothing, sanitary needs, food/drinks, transportation, temporary secure shelter, etc Explain the nature and options for further engagement with the victim and if appropriate discuss the possibility of a referral elsewhere. Ensure all information and actions regarding the initial engagement are properly documented. 3

6 MEDICAL ASSISTANCE The first few hours after the assault are also critical in terms of the victim s physical well-being both in terms of treatment and for the prevention of medical complications. Encourage the victim to seek immediate medical attention at a Government Hospital. This is important because only a Government Hospital is authorised to capture the evidence that will be necessary to enable the prosecution of an alleged perpetrator. In life threatening situations, the victim should be taken to the nearest hospital. However, if this is not a Government Hospital, referral should be made as soon as possible thereafter to a Government Hospital. In cases of rape, medical attention should be given as soon as possible. It is also extremely important that the victim is given access to Post Exposure Prophylaxis (PEP) to prevent HIV infection. Other suitable treatments to prevent Sexually Transmitted Infections (STIs), unplanned pregnancies, etc. should also be made available within 72 hours. Encourage the victim to allow a family member, social worker or representative of one of the many support networks to accompany them to the hospital. 4

7 Assist the hospital and victim to capture all evidence of violence and document it for future reference and use in an investigation. Provide emotional support to the victim whilst they are undergoing medical examinations and treatment. Monitor any ongoing medical needs and assist the victim to get further treatment as necessary. 5

8 INTERACTION WITH THE POLICE To enable successful prosecution of the alleged perpetrator, it is necessary for the victim to report the assault to the police. Explain the role of the police and encourage the victim to report the incident. Outline the victim s rights in relation to the reporting process. Outline the alleged perpetrator s rights. Counsel the victim on proper evidence management. Encourage the victim to cooperate with the police investigation and to tell the truth at all times. Ensure the case is officially registered at the police station. Monitor the victim s needs whilst at the police station (e.g. privacy during interview, refreshments, etc). Facilitate communication between the police and the victim and help both to avoid misunderstandings and confrontation. Provide emotional support during any interviews with the police. 6

9 Ensure that police records the exact statements made by the victim or proxy (e.g. in case of victims with special needs, etc). Ensure that police records the exact statements made by a victim or the guardian in the case of a child. Read through the victim s statement with them before they sign it. Encourage the victim to sign when she is satisfied that what has been written is accurate and complete, especially if the statement has been written by the police on her behalf. Provide information on the appropriate laws and preparation of charges. Hand over any evidence in your custody to the police in the presence of a lawyer, e.g. photographs, video/audio recordings, medical reports, clothes, etc. Monitor the progress of the investigation and update the victim regularly. 7

10 LEGAL PROCESSES There are a number of legal options and processes that can be followed after an assault or other violent incident. It is important that victims are aware of the options open to them and that it is their choice of which route to follow. Educate the victim on all the legal options that are available to enable them to make an informed choice (options include: prosecution (by the police), mediation, settlement and compensation). Outline what each option entails, both for the victim and the alleged perpetrator, set out the legal processes and what is likely to happen. Do not pressure the victim into any specific course of action. Seek the victim s written confirmation of the choice made. In the case of a minor, seek the consent of the guardian in relation to the chosen option (unless this is not appropriate because of the circumstances of the case). The guardian should be especially encouraged to seek justice for the child, and decisions taken should be in the best interest of the child. 8

11 Compile and secure all available evidence e.g. photographs, statements, medical and forensic evidence, even if the victim says they do not want to follow the prosecution path, as circumstances may change later. Pass evidence in your custody to the police during the investigation stage (e.g. photographs, video/audio recordings, medical reports, etc). If mediation is chosen, assist the victim to access a suitable mediation service and provide support to enable them to reach settlement and if appropriate secure compensation. If civil action is taken, provide whatever support is possible for the action. Provide emotional support throughout the legal process. Monitor the progress of the case and update the victim regularly as it proceeds. 9

12 BASIC COUNSELLING Victims often feel nervous, uncertain and may be severely emotionally unstable. Counselling will help to settle them down and help them recover from their ordeal. Introduce yourself to the victim and make her feel comfortable and relaxed. Explain the available options to the victim. Respect the victim s choice of options and get their written consent. Provide writing materials to enable the victim to record or document any discussion. Always listen carefully to the victim and assure them of complete confidentiality. Help prepare a safety plan and suggest other important steps that will help the victim to recover their confidence. Create a follow up plan for the victim. Evaluate the victims needs and provide psycho-social support as necessary. Refer the victim to a professional counsellor. Document all counselling processes and follow up. 11

13 SAFETY The immediate safety and security of the victim is of paramount importance. Assess the immediate safety needs of the victim. This may include securing an emergency protection order, evacuation of the victim from their normal residence to a trusted friend s house or a shelter if available, changing locks, helping the victim to arrange for a trusted person to stay with them, etc. Work out a safety plan that will minimise any further risk to the victim based on available information and observation. Seek and document consent from an adult victim, and in the case of an accompanied minor, the consent of the guardian. If you are unable to provide shelter for the victim, make referral to another organisation or government agency who can provide a safe haven. Explain and encourage the victim to abide by the rules of the shelter. Provide advice on personal safety and measures to prevent further assaults. 10

14 CASE / KNOWLEDGE MANAGEMENT Keeping statistical information on cases of violence against women is essential if action is to be taken to raise awareness of the problem and secure the support of government and non-government agencies to address it. Ensure case forms are always available and are filled accurately and completely. Open a separate file for each victim. Document key details and events regarding each victim in their respective files in a manner that can be easily extracted for statistical purposes. Keep case files in secure place and ensure only authorised persons can access them. Keep back up copies of documents in a safe place, especially if the main files are stored electronically. Take special care with the storage of digital and sensitive materials, e.g. videos, photographs, etc. Maintain registers of cases, where necessary, excluding personal details but including data that is useful in identifying and analysing trends and likely risks. 12

15 PUBLICITY Whilst publicity in individual cases is rarely desirable, publicity of a more general nature such as finding ways to highlight the scale of the problem of violence against women is useful in building momentum behind the campaign to address it. Collate data on cases regularly using standard and structured formats (ideally all organisations should follow the same basic structure). Analyse information, interpret it and where desirable publicise aspects which may suggest an increased risk or threat. Develop a media strategy for the purposes of publicising trends. Identify individual cases that have the potential to stimulate public and political interest. Combine data with that of other organisations in order to establish a complete picture of the levels of violence against women. Work with the media and other stakeholders for effective advocacy. 13

16 AND FINALLY These guidelines are a potentially invaluable tool in the campaign against gender based violence and the efforts to earn women equal rights and access to justice in every aspect of their lives. If followed, they will help promote collaboration and improved coordination between agencies that support women and advocate for their rights not to be victims simply because of their gender. The guidelines represent a small but significant step towards developing a more cohesive and powerful alliance to address the needs of women. 14

17 ORGANISATIONS / GOVERNMENT AGENCIES AVAILABLE FOR REFERRALS The Nigeria Police Force (NPF) Office of the Public Defender (OPD), Ministry of Justice The Directorate for Citizen s Rights, Ministry of Justice National Human Rights Commission (NHRC) Legal Aid Council of Nigeria (LACoN) Federation of International Women Lawyers (FIDA) National Agency for the Prohibition of Trafficking in Persons and other related offences (NAPTIP) Ministry of Women Affairs and Poverty Alleviation (WAPA) Department of Social Welfare, Ministry of Youth, Sports and Social Development Ministry of Health 2 Nigeria Institute of Medical Research (NIMR) Red Cross Society of Nigeria 3 United Nations High Commission for Refugees (UNHCR) 2 This Institute also offers Post Exposure Prophylaxis (PEP) services 3 As a coordinating agency, in collaboration with other relevant agencies in cases of violence during conflict and internal displacement 15

18 List of Non-governmental / Non-for-profit organisations that worked on the guidelines These organisations offer various services and support for female victims of violence. BAOBAB for Women s Human Rights (BAOBAB) was founded in 1996 with the purpose of promoting and protecting the human rights of women, principally via improving knowledge, and the exercising and development of rights under religious, customary and statutory laws in Nigeria. baobab@baobabwomen.org / baobabwomen@yahoo.com Phone: +(234) (1) , , +(234) Website: Ernest Omoregie Crescent, Lagoon Estate/Sandfill, Ogudu Ori-Oke, Lagos, Nigeria. Legal Defence and Assistance Project (LEDAP) was founded in 1996, with the aim of promoting and protecting human rights, the rule of law, access to Justice and good governance in Nigeria under three main areas of programming Rule of Law, Human security and Women s Human Rights. info@ledapnigeria.org Phone: +(234) (1) , +(234)(80) , (Toll Free) Website: 3rd Floor, Lamlat House, 270, Ikorodu Road, Anthony Village, Lagos, Nigeria. 16

19 Media Concern Initiative for Women & Children (MediaCon) was founded in the year 2000 with a commitment to contribute to effective and sustainable sexual violence prevention and crisis response in Nigeria and across Africa. info@mediaconcern.net/helponline@mediaconcern.net/ counsel@mediaconcern.net Phone: +(234) (1) , +(234) (0) , +(234) (0) Website: 15A Bolodeoku Crescent, Dideolu Estate, Between Sweet Sensation and First Bank/KFC, Ijaye Road, Ogba, Lagos Nigeria. Partnership for Justice (PJ) was founded in 2006 and is committed to Equality, Justice and Globalization of human rights standards, by offering services to victims of human rights violations and creating linkages for the promotion and protection of human rights in Nigeria. partners4justice@yahoo.com / timayen@yahoo.com Phone: +(234)(80) , (70) , (81) Website: 2 Tunde Gafar Close, Off Adeniyi Jones, Ikeja, Lagos State. Nigeria. 17

20 Project Alert on Violence Against Women was founded in 1999 to promote and protect the rights of women and young girls from all forms of violence under three main programme areas - Research and Documentation; Human Rights Education; and Support Services. projectalert@projectalertnig.org Phone: +(234) (1) ; (80) ; (81) Website: Address: 21 Akinsanya Street, Off Isheri Road, Ojodu, Lagos, Nigeria West Africa Network for Peace building (WANEP-Nigeria) was registered in 2003, with a focus on conflict resolution and peace building. Its Women in Peace building Program - WIPNET - seeks to address the systemic and engendered forms of violence against women in war/conflict times as well as the structural forms of violence within society. wanep@wanepnigeria.org Phone: +(234) (1) Website: Address: 30 Oba Babington Ashaye Crescent, Omole Estate, Phase1, Ojodu, Lagos, Nigeria 18

21 Women s Consortium of Nigeria (WOCON) was founded in 1995 with the purpose of promoting and enforcing the rights of women and children (particularly the girl child) with main focus on human trafficking and political empowerment of women in Nigeria. wocon95@yahoo.com Phone: +(234) (80) Website: Address: 13 Okesuna Street, Off Igbosere Road, Lagos, Nigeria. Women s Rights and Health Project (WRAHP) has a vision of a society where all women, young girls and communities enjoy sound health, equal development and maximum self-actualization using three core strategies: advocacy, capacity building and information sharing. whr.project@yahoo.com, ironsi_b@yahoo.com Phone: +(234) (1) , (80) Website: Address: The Pent House, 196 Egbe Ikotun Road, Ile-epo Bus stop, Ejigbo, Lagos, Nigeria 19

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23 Photographs by Nick Cavanagh

24 These guidelines were prepared and produced with the support of the DFID-funded Justice for All programme (J4A). J4A is working to improve personal security and access to justice for all Nigerians. JUSTICE FOR ALL