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15 April 1998
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Fifty-fourth session of the United Nations Commission on Human Rights
16 March - 24 April 1998
Statement by Mr. Soli Sorabjee,
Special Rapporteur on the situation of human rights in Nigeria
in presenting his report to the Commission
Geneva, 15 April 1998
Mr. Chairman Sir,
I thank you for this opportunity to introduce my report as the Special Country Rapporteur on the human rights situation in Nigeria before the 54th Session of this Commission.
In view of the limited time available I do not propose to reproduce previous resolutions regarding the appointment of a Special Rapporteur, except to state that despite my communications dated 29th October 1997, 1st December 1997, 7th January 1998 and 19thJanuary 1998, official approval for a fact-finding mission to visit Nigeria was not forthcoming which in the circumstances was tantamount to a de facto refusal of permission.
Before submission of the report in order to meet the deadline I had communicated to the government of Nigeria certain main concerns about the human rights situation and requested information and comments from it as also any other information relative to the enjoyment of human rights in Nigeria. Unfortunately there was no response to nor even an acknowledgement of my communication.
My report is based on sources and documents mentioned in para 18 of the report which inter alia include the recommendations of the UN Secretary-General's fact finding mission to Nigeria, the Nigerian Government's interim response, the observations of the Human Rights Committee, the decisions of the African Commission, and the newsletters and statements issued by the Nigerian Human Rights Commission.
Upon an analysis and evaluation of all relevant material what emerges in brief, Mr. Chairman, is as follows:
There is extensive violation of basic human rights in Nigeria despite some changes made by the Nigerian Government and the measures initiated by it.
Rule of Law is absent. Nigeria is ruled by military decrees which generally oust the jurisdiction of the established courts of the country. There is arbitrary detention of numerous persons many of whom are held incommunicado for long periods.
Despite requests and recommendations of the Commission on Human Rights, the Secretary- General's fact-finding mission, the Human Rights Committee, the Commonwealth Ministerial Action Group on the Harare Declaration and the International Labour Organisation several political prisoners, trade union leaders, human rights activists, lawyers and journalists are still in detention.
There is no effective legal protection of human rights. Several human rights provisions of the 1979 Constitution have been suspended. The incorporation of the African Charter on Human and Peoples' Rights into the domestic laws of Nigeria has been revoked.
The independence and authority of the judiciary are undermined by ouster clauses in the decrees and also on account of disobedience of court orders. The decisions of the African Commission on Human and Peoples' Rights are also not respected.
Due process and fair trial are conspicuously absent in criminal trials. Tribunals before whom the accused are tried lack the requisite independence and impartiality. Despite the recommendations of the Secretary-General's fact-finding mission and the decisions of the African Commission about the composition of tribunals so as to conform to Article 14 of the International Covenant on Civil and Political Rights and Article 7 of the African Charter, persons convicted by these tribunals under a flawed process are still held in detention. The practice of detaining family members and other relatives of Nigerians living in exile, known as hostage-taking, is prevalent. This has been condemned by the Nigerian Human Rights Commission.
There is hyper reaction to any criticism of the regime and its rulers which is regarded as per se treasonable or anti-national. Consequently freedom of expression and freedom of the press are severely curtailed. Several repressive decrees still exist which need to be repealed. Numerous journalists have been intimidated, harassed and arbitrarily detained.
In order to suppress criticism of the regime passports of persons intending to participate in international conferences are capriciously seized without the sanction of law and some persons who voiced adverse criticism abroad have been arrested.
Prison conditions are harsh and life-threatening. Treatment of prisoners is in total breach of the United Nations Standard Minimum Rules for the Treatment of Prisoners. Medical relief is withheld from sick persons and detainees are denied access to doctors and their own medications, sometimes in direct contravention of court orders. The Nigerian Human Rights Commission has described prison conditions as disgusting.
There has been failure to address the plight of the Ogoni people to protect their human rights and improve their socio-economic conditions as recommended by the Secretary- General's fact-finding mission. Issues relating to environmental degradation in the River Delta region alleged to be caused by the operations of the Shell Petroleum Development Company have received insufficient attention.
Certain measures taken by the Nigerian Government may be noted. The establishment of the Nigerian Human Rights Commission is a step in the right direction. The Commission has given a good account of itself. It has made salutary suggestions about human rights education as well as the establishment of committees for inspection of prisons. However it needs to be strengthened by expansion of its jurisdiction to cover all cases of violations of human rights. Security of tenure should be granted to the Chairman and the members of the Commission. Another step is the establishment of a Ministry for Women's Affairs. There is some awareness about the importance of women's rights. Small improvements have been made in women's participation in the political process and three women have been included in the current Cabinet. However discrimination is prevalent in public and private spheres and the practices of female genital mutilation and forced marriages are still widespread. There is urgent need for measures to ensure full and equal participation by women at all levels of political, social and economic life of the country. Laws contrary to the equal rights of women need to be promptly repealed. Another welcome step is the establishment of the National Child Rights implementation Committee and the preparation of a National Plan of Action. Unfortunately there is indiscriminate arrest and detention of children for long periods and indiscriminate sentencing. Executions of persons under the age of 18 have taken place. Measures are needed to strengthen safeguards for children in detention in respect of their recovery and rehabilitation.
Certain measures have been taken in the implementation of the transitional programme for return to civilian rule such as the establishment of the National Electoral Commission of Nigeria and the Nigerian Human Rights Commission. However the non- inclusive nature of the process resulting from the limited registration of political parties, the absence of dialogue with credible opposition and human rights groups, and the introduction of a decree enabling the head of State to remove duly elected local council representatives from their positions cause serious misgivings about the genuineness of the Government's commitment to restore democracy. In this behalf release of all political prisoners, trade union leaders, human rights activists, advocates and journalists currently being detained without charge or trial, as well as the release of General Obasanjo, Beko Ransome Kuti and others serving life sentences after trial by military tribunals by processes which fell short of international guarantees for a fair trial, would be essential confidence-building measures and would impart credibility to the transition process.
All friends and well wishers of Nigeria, including myself, will be most happy to witness restoration in Nigeria of the Rule of Law and democracy, not in name but in substance as evidenced by the restoration of institutions which are essential to democracy, namely an independent judiciary with power to enforce the human rights of the Nigerian people and whose authority and judgments are respected; a free and responsible press, an opposition which can function freely with responsibility and where citizens can express dissent without fear, and where the rights of women and children and disadvantaged groups are protected and promoted. It is with that perspective that I have reached the conclusions in my report and made my recommendations. On that note, Mr. Chairman, I present my report.
Report of the Special Rapporteur on the situation of human rights in Nigeria (E/CN.4/1998/62)
16 March - 24 April 1998
Statement by Mr. Soli Sorabjee,
Special Rapporteur on the situation of human rights in Nigeria
in presenting his report to the Commission
Geneva, 15 April 1998
Mr. Chairman Sir,
I thank you for this opportunity to introduce my report as the Special Country Rapporteur on the human rights situation in Nigeria before the 54th Session of this Commission.
In view of the limited time available I do not propose to reproduce previous resolutions regarding the appointment of a Special Rapporteur, except to state that despite my communications dated 29th October 1997, 1st December 1997, 7th January 1998 and 19thJanuary 1998, official approval for a fact-finding mission to visit Nigeria was not forthcoming which in the circumstances was tantamount to a de facto refusal of permission.
Before submission of the report in order to meet the deadline I had communicated to the government of Nigeria certain main concerns about the human rights situation and requested information and comments from it as also any other information relative to the enjoyment of human rights in Nigeria. Unfortunately there was no response to nor even an acknowledgement of my communication.
My report is based on sources and documents mentioned in para 18 of the report which inter alia include the recommendations of the UN Secretary-General's fact finding mission to Nigeria, the Nigerian Government's interim response, the observations of the Human Rights Committee, the decisions of the African Commission, and the newsletters and statements issued by the Nigerian Human Rights Commission.
Upon an analysis and evaluation of all relevant material what emerges in brief, Mr. Chairman, is as follows:
There is extensive violation of basic human rights in Nigeria despite some changes made by the Nigerian Government and the measures initiated by it.
Rule of Law is absent. Nigeria is ruled by military decrees which generally oust the jurisdiction of the established courts of the country. There is arbitrary detention of numerous persons many of whom are held incommunicado for long periods.
Despite requests and recommendations of the Commission on Human Rights, the Secretary- General's fact-finding mission, the Human Rights Committee, the Commonwealth Ministerial Action Group on the Harare Declaration and the International Labour Organisation several political prisoners, trade union leaders, human rights activists, lawyers and journalists are still in detention.
There is no effective legal protection of human rights. Several human rights provisions of the 1979 Constitution have been suspended. The incorporation of the African Charter on Human and Peoples' Rights into the domestic laws of Nigeria has been revoked.
The independence and authority of the judiciary are undermined by ouster clauses in the decrees and also on account of disobedience of court orders. The decisions of the African Commission on Human and Peoples' Rights are also not respected.
Due process and fair trial are conspicuously absent in criminal trials. Tribunals before whom the accused are tried lack the requisite independence and impartiality. Despite the recommendations of the Secretary-General's fact-finding mission and the decisions of the African Commission about the composition of tribunals so as to conform to Article 14 of the International Covenant on Civil and Political Rights and Article 7 of the African Charter, persons convicted by these tribunals under a flawed process are still held in detention. The practice of detaining family members and other relatives of Nigerians living in exile, known as hostage-taking, is prevalent. This has been condemned by the Nigerian Human Rights Commission.
There is hyper reaction to any criticism of the regime and its rulers which is regarded as per se treasonable or anti-national. Consequently freedom of expression and freedom of the press are severely curtailed. Several repressive decrees still exist which need to be repealed. Numerous journalists have been intimidated, harassed and arbitrarily detained.
In order to suppress criticism of the regime passports of persons intending to participate in international conferences are capriciously seized without the sanction of law and some persons who voiced adverse criticism abroad have been arrested.
Prison conditions are harsh and life-threatening. Treatment of prisoners is in total breach of the United Nations Standard Minimum Rules for the Treatment of Prisoners. Medical relief is withheld from sick persons and detainees are denied access to doctors and their own medications, sometimes in direct contravention of court orders. The Nigerian Human Rights Commission has described prison conditions as disgusting.
There has been failure to address the plight of the Ogoni people to protect their human rights and improve their socio-economic conditions as recommended by the Secretary- General's fact-finding mission. Issues relating to environmental degradation in the River Delta region alleged to be caused by the operations of the Shell Petroleum Development Company have received insufficient attention.
Certain measures taken by the Nigerian Government may be noted. The establishment of the Nigerian Human Rights Commission is a step in the right direction. The Commission has given a good account of itself. It has made salutary suggestions about human rights education as well as the establishment of committees for inspection of prisons. However it needs to be strengthened by expansion of its jurisdiction to cover all cases of violations of human rights. Security of tenure should be granted to the Chairman and the members of the Commission. Another step is the establishment of a Ministry for Women's Affairs. There is some awareness about the importance of women's rights. Small improvements have been made in women's participation in the political process and three women have been included in the current Cabinet. However discrimination is prevalent in public and private spheres and the practices of female genital mutilation and forced marriages are still widespread. There is urgent need for measures to ensure full and equal participation by women at all levels of political, social and economic life of the country. Laws contrary to the equal rights of women need to be promptly repealed. Another welcome step is the establishment of the National Child Rights implementation Committee and the preparation of a National Plan of Action. Unfortunately there is indiscriminate arrest and detention of children for long periods and indiscriminate sentencing. Executions of persons under the age of 18 have taken place. Measures are needed to strengthen safeguards for children in detention in respect of their recovery and rehabilitation.
Certain measures have been taken in the implementation of the transitional programme for return to civilian rule such as the establishment of the National Electoral Commission of Nigeria and the Nigerian Human Rights Commission. However the non- inclusive nature of the process resulting from the limited registration of political parties, the absence of dialogue with credible opposition and human rights groups, and the introduction of a decree enabling the head of State to remove duly elected local council representatives from their positions cause serious misgivings about the genuineness of the Government's commitment to restore democracy. In this behalf release of all political prisoners, trade union leaders, human rights activists, advocates and journalists currently being detained without charge or trial, as well as the release of General Obasanjo, Beko Ransome Kuti and others serving life sentences after trial by military tribunals by processes which fell short of international guarantees for a fair trial, would be essential confidence-building measures and would impart credibility to the transition process.
All friends and well wishers of Nigeria, including myself, will be most happy to witness restoration in Nigeria of the Rule of Law and democracy, not in name but in substance as evidenced by the restoration of institutions which are essential to democracy, namely an independent judiciary with power to enforce the human rights of the Nigerian people and whose authority and judgments are respected; a free and responsible press, an opposition which can function freely with responsibility and where citizens can express dissent without fear, and where the rights of women and children and disadvantaged groups are protected and promoted. It is with that perspective that I have reached the conclusions in my report and made my recommendations. On that note, Mr. Chairman, I present my report.
Report of the Special Rapporteur on the situation of human rights in Nigeria (E/CN.4/1998/62)