Twist In Workplace Sexual Harassment

Sexual harassment in the workplace remains a persistent issue in Nigeria, disproportionately affecting women. Juliet Jacob revisits the issues, particularly, high-profile cases in Nigeria’s civil service space, in this report.

 

 

Despite legal frameworks and organizational policies, the problem of workplace sexual molestation lingers, creating hostile environments that hinder employee well-being and performance.

Recent reports highlight the extent of this pervasive issue and call for urgent action from the government, employers, and employees to address and mitigate sexual harassment effectively.

 

UN’s Perspective

Sexual harassment encompasses any unwelcome sexual behaviour that is offensive, humiliating, or intimidating.

According to the United Nations, it includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. In the workplace, this can manifest as quid pro quo harassment, where sexual favours are demanded in exchange for professional benefits, or as creating a hostile work environment through pervasive and severe conduct that affects an employee’s job performance.

 

The Nigerian Context

A recent report by the Stand to End Rape Initiative (STER) sheds light on the prevalence of workplace sexual harassment in Nigeria. Based on responses from 493 participants aged 18 to 30, the study revealed that 64% had experienced sexual harassment at work. Alarmingly, 85% of these victims were female, highlighting the gendered nature of the issue.

The most common forms of harassment reported included being looked at sexually (45%), receiving unwanted sexual comments about clothing or accessories (44%), and being told sexual jokes or stories (43%). The majority of offenders (91%) were male, with nearly half being peers and a significant portion being senior colleagues.

 Impact on Victims

The impact of workplace sexual harassment extends beyond the immediate discomfort of the harassing interaction. According to the STER report, 77% of victims reported adverse effects on their job performance, with 65% struggling to maintain enthusiasm for their work and 62% finding it difficult to get along with colleagues. Additionally, 75% of those harassed experienced mental health issues, including anxiety (69%), depression (60%), and PTSD (34%).

Barriers to Reporting

Despite the high incidence of harassment, reporting remains low. Only 9% of victims used formal channels to report their experiences. Common reasons for not reporting included believing that no action would be taken (35%), not considering the incident severe enough (33%), and not knowing where or to whom to report (10%). Furthermore, even when reports were made, 59% of cases saw no disciplinary action taken against the harasser, leading to widespread dissatisfaction with the handling of these cases.

 Call to Action

To combat workplace sexual harassment, the Nigerian government, employers, and employees must take concerted action.

The government should ratify international standards, such as the International Labor Organization’s Convention 190, to ensure comprehensive legal protections against workplace violence and harassment.

Employers must create and enforce robust anti-sexual harassment policies, ensuring every report is taken seriously and investigated promptly. Prevention measures should be clearly communicated to all employees, and support systems for victims must be established and maintained.

Employees also have a role to play by familiarizing themselves with their organization’s policies and procedures regarding sexual harassment and maintaining a professional and respectful work environment.

 University of Calabar; Female Student vs Law Professor

Sexual harassment in Nigerian educational and workplace environments has been a pervasive issue, with significant cases emerging recently. A prominent example involves Cyril Ndifon, a law professor at the University of Calabar, who was suspended following accusations of sexual harassment by female students. An investigation panel found him guilty of sexual assault, leading to his prosecution by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The charges against him include soliciting nude photos and videos from students and using his position to manipulate academic outcomes in exchange for sexual favours.

Another high-profile case involves Ibrahim Lamuwa, the Permanent Secretary at the Ministry of Foreign Affairs, who faces allegations of serial sexual harassment by a female worker, Simisola Fajemirokun-Ajayi. She accused him of creating an unsafe work environment through inappropriate conduct and abuse of office. Lamuwa has denied these allegations, framing them as attempts to tarnish his reputation.

70% of Female Graduates From Nigerian Tertiary Institutions Experienced Sexual Harassment

A 2018 World Bank survey highlighted that 70% of female graduates from Nigerian tertiary institutions experienced sexual harassment by fellow students or lecturers. Local surveys corroborate this, identifying sexual violence as the most common form of gender violence within academic communities. Despite having several laws against such practices, enforcement remains weak, and the rights to dignity and non-discrimination enshrined in the Nigerian constitution are frequently violated.

The case of Ruth Ogunleye, a female soldier who accused senior officers of sexual harassment and intimidation, underscores the systemic nature of the issue. Her allegations of threats, wrongful confinement, and salary stoppage illustrate the severe consequences faced by victims who dare to speak out. The response from Uju Kennedy-Ohanenye, Minister of Women Affairs, calling for an investigation into Ogunleye’s claims, reflects a growing acknowledgment of the problem at higher levels of government.

In the workplace, sexual harassment remains a critical issue, severely impacting women’s productivity and contributions to national development. Research by HEIR Women Development indicates that 51% of women in the Federal Capital Territory have been sexually harassed, with many incidents involving rape at work. The African Women on Board (AWB) is actively campaigning against sexual harassment, intimidation, and bullying, particularly in the legal and private sectors, aiming to establish zero tolerance for such behaviours.

Multiple Harassment Attempts

The personal experiences of women like Medinat Kanabe, who faced multiple harassment attempts during her journalism career, further highlight the widespread nature of the problem. Despite handling these incidents independently, the lack of formal reporting and accountability perpetuates a culture of silence and impunity.

Legal Framework on Sexual Harassment in Nigeria

While Nigeria has no specific legislation addressing workplace sexual harassment, the country’s Constitution safeguards fundamental human rights. These rights include dignity and freedom from discrimination, often violated in sexual harassment cases. Victims can seek redress through High Courts, Federal High Courts, or the National Industrial Court.

The Penal Code (applicable in northern Nigeria) and the Criminal Code criminalize sexual harassment, prescribing severe punishments. The Criminal Law of Lagos State also includes provisions against sexual harassment, punishable by up to three years in prison.

The Violence Against Persons Prohibition Act, effective in the Federal Capital Territory (Abuja) and most Nigerian states, criminalizes sexual harassment under sexual and gender-based violence laws.

Despite these legal instruments, the protection against workplace sexual harassment often relies on broader interpretations of fundamental rights to dignity, non-discrimination, and liberty as enshrined in the Constitution and international human rights charters.

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