Addressing bullying in Nigerian schools require more than the occasional messianic swift action by authorities when a few cases go viral. True progress cannot rely solely on public outrage or isolated interventions. Instead, it demands a comprehensive, proactive system to prevent and curb bullying daily. Schools must become places where students feel consistently supported, safe, and protected.

This brings us to a critical question: Does Nigeria have effective legal frameworks or policies to combat bullying and safeguard its students? In this article, we will explore the existing policies and their effectiveness in addressing this pressing issue, shedding light on whether Nigeria is truly prepared to ensure safe learning environments for its children.

Legal Framework in Nigeria

For a long time, its been argued that Nigeria lacks a proper legal framework that solely targets bullying in schools. This is unfortunately a significant gap, given that Nigeria has a high number of children exposed to various forms of violence.

Nevertheless, there are existing provisions that can be interpreted as ways for safeguarding children. Nigeria is a signatory to important international treaties such as the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). By being a signatory to these treaties, the country has made huge commitments to child protection. Both treaties emphasize the importance of shielding children from violence, abuse, and neglect.

The CRC underscores several critical rights for children, including:

• The right to protection from abuse, neglect, and exploitation.
• The right to education, healthcare, and development.
• The right to express views freely and be heard.

The African Charter on the Rights and Welfare of the Child (ACRWC) takes into account the unique challenges faced by children in Africa, such as armed conflict, child labor, and traditional practices harmful to children. ACRWC emphasizes:

• Prohibition of child labor, exploitation and harmful cultural practices.
• Protection against abuse and torture in all setting
• Rights to parental care, protection, and survival.

Although the articles of these treaties do not explicitly mention bullying, they emphasize eliminating practices that inflict physical, emotional, or mental abuse on children in all settings. Thus, these treaties condemn acts of bullying and entrust Nigeria to proactively prevent bullying in schools.

The Child Rights Act (CRA)

The domestication of the CRC and ACRWC led to the enactment of the Child Rights Act (CRA) in 2003. The CRA is a comprehensive legal framework that aligns Nigeria’s child protection laws with international and regional standards. Although the CRA does not directly address bullying, it includes provisions that covers bullying-related issues:

• Right to Dignity: Section 11 prohibits any form of physical or mental torture, inhuman or degrading treatment, or any form of abuse against a child.

Section 11, in particular, can be interpreted as forbidding acts of bullying given that it explicitly protects children from inhuman or degrading treatment. By extension, it mandates schools to adopt measures that prevent and address bullying, thereby fostering a safe and supportive educational environment.

In situations where a school fails to provide a safe environment or adequately address reported bullying incidents, it could be held accountable for negligence or failing in its duty to protect the child. Victims and their guardians have the right to report bullying incidents to relevant authorities, such as the police, child protection services, Ministry of Education, or even seek legal action through the courts. The CRA empowers them to demand justice and appropriate remedies, which could include compensation, psychological support for the victim, and punitive measures against the perpetrator if necessary.

While it might seem like a stretch to form these interpretation from the above provisions, it is not. But Nigeria also has what is called, Nigeria’s Policy on Safety, Security, and Violence-Free Schools.

National Policy on Safety, Security, and Violence-Free Schools

This policy provides a detailed guideline of how schools should address issue of violence which includes cases of bullying. This policy guides schools on how to;

• Develop and implement a Code of Conduct that outlines acceptable behaviors and responsibilities for students, teachers, and staff.
  
• Establish school safety and security committee that will work with focal point teachers to ensures that safeguarding and child protection practices are in place to prevent cases of violence in schools.
  
• Train teachers, non-teaching staff, and students on violence prevention.
  
• Schools are also encouraged to integrate safety and security issues into their orientation programs.
  
• Establish a reporting channels where victims, parents, or witnesses can safely report bullying incidents without fear of retaliation.
  
• Conduct an investigation to gather facts about the incident.
  
• Ensures that appropriate disciplinary actions are taken against perpetrators in line with the school’s Code of Conduct a approved by the state.
  
• Use of restorative justice practices, such as mediation and conflict resolution, to address the harm caused by bullying and to foster reconciliation where possible.
  
• Develop and implement strategies to prevent future incidents, including regular anti-bullying campaigns, workshops, and the promotion of a positive school culture

While the National Policy on Safety, Security, and Violence-Free Schools in Nigeria is not a legal document with the force of law, it does align with existing legal frameworks like the Child Rights Act (CRA) and the Violence Against Persons Prohibition (VAPP) Act. These laws provide legal avenues for victims to seek justice when bullying escalates to physical or psychological abuse. The VAPP Act criminalizes various forms of violence, including emotional and psychological abuse. Victims of severe bullying may use this law to pursue legal action against offenders.

Are these provisions sufficient enough to address the issues of bullying schools?

Despite the existence of a range of legal provisions and policies aimed at safeguarding children, including the Child Rights Act, the Violence Against Persons Prohibition Act, and the National Policy on Safety, Security, and Violence-Free Schools, significant gaps remain in their effectiveness when it comes to addressing bullying in schools.

1. Societal Attitudes Toward Bullying

One of the biggest obstacles to dealing with issues of bullying is societal perception. It downplays the severity of the issue. Certain cases of bullying that should be dealt with all seriousness is sometimes taken as ‘normal’ among teenagers, and excused as ‘being rough or careless’. This dismissive attitude is aimed at discouraging victims from speaking out or making a big deal out of the issue. They incite in victims fear that they will not be taken seriously or might even be blamed for their experiences.

Victims of bullying often face stigma, ridicule, or pressure to endure their situation in silence, further perpetuating the cycle of abuse. Voicing out could be seen as weakness while keeping silent and enduring acts of bully is seen as a way to toughen up and develop character. Sadly, this approach shames victims and empowers bullies.

Some traditional practices and societal norms inadvertently encourage aggressive behavior, with little distinction made between discipline and abuse. For example, punishing children for speaking up for themselves when an elder has wrongfully accused them or created a wrong situations. They must accept what their seniors says and apologized even when they are not at fault.

2. Institutional Readiness to Address Bullying

Even with strong legal frameworks that theoretically protect children from bullying, Nigeria has an implementation problem. The readiness of schools and other institutions to implement and enforce these provisions is not guaranteed.

Many school staff members, including teachers and administrators, lack the necessary infrastructure and training to recognize, prevent, and respond to bullying effectively.

3. Challenges in Policy Implementation

Although the National Policy on Safety, Security, and Violence-Free Schools is a comprehensive document, its reliance on voluntary compliance by schools undermines its effectiveness. Schools without resources or willingness to adopt its provisions remain unsafe environments for students. The policy calls for the establishment of safety committees and reporting channels, but many federal and state schools are not well funded to afford the luxury of increasing and training its staffs to adequately tackle the issues of bullying in schools.

Secondly, There is little to no independent oversight to ensure schools adhere to safety policies, creating opportunities for non-compliance without repercussions, or poor execution of policy.

4. Financial Barriers to Justice

Seeking legal redress for bullying under the CRA or the VAPP Act Nigeria’s judicial system can be financially burdensome, especially for low-income families. Hiring lawyers, filing cases, and navigating the judicial system are often expensive. The financial burden will act as a deterrent to victims and their families from taking action, hence, leaving many cases unresolved and perpetrators unpunished. Moreover, victims in rural areas face significant barriers in accessing legal support or even reporting incidents due to a lack of nearby institutions or resources.

5. Corruption and Bureaucratic Inefficiencies

Systemic corruption and inefficiencies within Nigeria’s legal and educational systems further weaken efforts to combat bullying. Instances of bribery and undue influence can lead to the dismissal or delay of cases, denying victims the justice they deserve. In situations where perpetrators or their families have the financial capacity bribe officials to suppress reports of bullying, such cases might never reach formal investigation or prosecution stages. Even when cases are reported, the judicial process is often slow, leading to prolonged trauma for victims and their families.

6. Psychosocial and Institutional Gaps

Many schools lack trained counselors or psychologists to provide support to victims and even perpetrators, who may themselves be struggling with underlying issues. We must begin to advocate for a guardian and counselling department in every school because they play a vital role in the psycho-social development of children.

Schools are often left without the necessary financial or structural support to implement anti-bullying initiatives or to ensure adherence to national policies.

Nigeria’s CRA and National Policy on Safety, Security, and Violence-Free Schools versus International Frameworks

We must ask ourselves whether Nigeria’s legal provisions are comprehensive enough to effectively address issues of bullying in schools. To answer this, we need to compare it to international legal frameworks.

We looked at frameworks like Dignity for All Students Act (DASA) in New York, USA; Bullying No Way! Initiative in Australia; Education Act in Sweden, and KiVa Anti-Bullying Program in Finland. Here are some of the things to admire about these programs;

• They define bullying clearly and mandates schools to establish prevention programs. DASA explicitly explains what can be considered bullying, harassment, and discrimination in schools. It provides training for staff, and mandates that incidents of bullying be reported. A few DASA training videos can even be found online.

• They employ the Whole-School Approach in addressing issues of bullying. For example, initiatives like Bullying No Way! and KiVa involve students, parents, teachers, and communities in preventing and addressing bullying, rather than leaving it to teachers and students.
  
• Some of these framework are legally backed, making it mandatory for schools to implement anti-bullying policies, establish reporting systems, and address harassment and discrimination. When schools do not comply, they face penalties. DASA and Education Act are legally backed.
  
• They are data driven. Kiva is backed by the Finland government and regular surveys are done to monitor the effectiveness of their programs.
  
• They provide enough tools and resources to train teachers. Countries like the U.S. (DASA) and Australia invest in training educators and staff to recognize and respond to bullying

Although Nigeria has general provisions to protect children from violence, it does not have a specific anti-bullying policy. The existing frameworks are broad and do not explicitly address the unique dynamics of bullying, such as peer aggression, digital bullying, or emotional abuse. The CRA and National Policy on Safety, Security, and Violence-Free Schools provide a foundation for addressing violence, but they fail to:

• Clearly define bullying. What has been defined within the National Policy on Safety, Security, and Violence-Free School does not state what falls within physical, verbal, and psychological or social bullying, therefore many things could be included or dismissed when issues of bullying arises.
  
• Mandate reporting requirements or specific accountability measures for schools. This undermines the implementation of the policy or legal framework. Its also mask the severity of the issue since there are no statistical evidence.
  
• Require anti-bullying education or prevention programs in schools. There should be some form of behavioral education that extensively teach students and staff what bullying it, and repercussions for participating in it.
  
• Include mechanisms for monitoring and accountability. Nigeria has no provisions requiring data collection or surveys to assess bullying prevalence or school safety. Therefore it will be difficult to know if mechanism that are place to deal with issues of bullying are effective or ineffective.

Recommendations

• The National Policy on Safety, Security, and Violence-Free Schools in Nigeria can be revised to expand on its definition of bullying. If this is not possible, Another policy that specifically handles should be considered.
  
• The National Policy on Safety, Security, and Violence-Free Schools in Nigeria is not legally binding. The government could establish penalties for schools that fail to report or address bullying effectively.
  
• Nigeria should mandate anti-bullying training as part of teacher certification and professional development. Currently, schools are not mandated to adopt the National Policy on Safety, Security, and Violence-Free Schools in Nigeria and therefore are not held legally responsible for fulfilling the recommendations within the policy. It means that a lot of public school might never implement mechanism that train teachers to deal with issues of bullying in schools.
  
• Mandatory reporting and school surveys should be enforced by the government to ensure transparency, and accountability. Currently, Nigeria has limited statistics on bullying which further undermines the severity of the issue in schools.

Conclusion

While Nigeria has made significant strides in establishing legal frameworks to address bullying, these provisions fall short when it comes to practical implementation and societal impact. A shift in societal attitudes, better institutional readiness, financial support for victims, and efforts to combat corruption are essential for creating an environment where anti-bullying laws and policies can be genuinely effective.