STATEMENT BY MR. SOLI J. SORABJEE SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS IN NIGERIA

55TH SESSION OF THE COMMISSION ON HUMAN RIGHTS,
GENEVA, 22 MARCH - 30 APRIL 1999
Item 9: Question of the violation of human rights and fundamental
freedoms in any part of the world

Geneva, April 1, 1999


Madam Chairperson,
Your Excellencies,
Distinguished delegates,


I thank you for this opportunity to present my final report to the 55th Session of the Commission on Human Rights as the Special Country Rapporteur on the human rights situation in Nigeria.

Pursuant to his mandate the Special Rapporteur submitted his report (E/CN.4/1998/62, 16 February, 1998) to the Commission on Human Rights on 16 February, 1988 and submitted an interim report to the General Assembly at its 53rd Session in November, 1998. Thereafter, in response to the invitation from the Nigerian Government, the Special Rapporteur visited Nigeria from 23 November to 1 December, 1988, accompanied by two staff members of the Office of the High Commissioner for Human Rights. The delegation had discussions with a wide range of individuals, including government officials, representatives of non-governmental organizations and individuals from civil society.

Since the appointment of General Abdulsalam Abubakar as Head of Sstate on 9 June, 1998, several measures have been taken to create a conducive environment for the enjoyment of human rights. A new transition programme for the return of the country to civilian rule was carefully put in place. Since then, elections have been successfully conducted to all tiers of government, including that of the office of the President. The conduct of these elections, despite a few aberrations and lapses, has by and large been adjudged to be free and fair by the majority of Nigerians and the international observers that monitored them. General Abubakar deserves credit for his sincerity and commitment in keeping his pledge about return to civilian rule.

Madam Chairperson, the crucial test of a country’s claim to democracy is its respect for the rule of law, the existence of an independent judiciary and a free press. It is heartening to note that numerous political detainees who were incarcerated by the previous military regime have been released. The Special Rapporteur was given assurances by the Government during his visit that there were no longer any political prisoners in Nigeria. Yet a distressing feature is the continued operation of Decree 2/1984, which permits detention without trial for an indefinite period and furthermore ousts the jurisdiction of the courts. Even though Decree 2/1984 may not have been invoked against any individual under the present Administration, the very existence of this Decree has inherent potential for suppression of human rights and it is incompatible with the rule of law. The Special Rapporteur has been given assurance that this Decree would be repealed by the end of May, 1999. Let us hope this assurance will materialize.

The position of the judiciary has appreciably improved. The appointment of the six justices to vacancies in the Supreme court and the granting of financial autonomy to the Supreme Court are encouraging developments. 24 new Justices were appointed to the Court of Appeal, bringing the total number of Justices of the Court of Appeal to its full complement of 50. These developments are welcome, given that the dearth of justices in the past had impeded the judicial process and expeditious dispensation of justice.

There is a noticeable salutary change in the attitude of the Administration towards freedom of expression and freedom of the press. Dissent and criticism are no longer regarded as ipso facto treasonable and it is a matter of satisfaction that since General Abubakar’s accession, no journalists have been detained. However, it is essential that all repressive decrees which infringe freedom of expression and freedom of the press should be repealed or, in any event, amended so as to ensure that no unreasonable or disproportionate restrictions are placed on freedom of expression and the freedom of the press.

Positive steps have been taken by the Nigerian Government to ensure fuller conformity between national legislation and practice and the principles of freedom of association. Some decrees mentioned in the Report restricting freedom of assembly and association have been repealed. Subsequent to the publication of the Report, other Decrees which impinged on the freedom of association and freedom of assembly have been repealed or amended.

Madam Chairperson, a speedy trial is implicit in the concept of a fair trial. The Special Rapporteur found that numerous persons were awaiting trial for inordinately long periods in some cases for petty offences. There have been welcome judicial initiatives to release persons who have been in jail for periods longer than the period to which they were sentenced upon conviction, and in other deserving cases. There are proposals to have courts in the vicinity of prisons in order to ensure speedy trials. After the submission of the Report, quite a few detainees under the Failed Bank Decree 18 of 1994 have been released.

Prison conditions are still harsh and do not conform to the United Nations Standard Minimum Rules for the Treatment of Prisoners and the Basic Principles for the Treatment of Prisoners. However, there is seriousness about tackling this problem. A National Committee on Prison Reforms and Decongestion has been established. The Committee from December 1998 to date has effected the release of 500 inmates on grounds of ill-health, old age, long service, insufficiency of evidence and other criteria. A National Task Force on Prison Decongestion and Penal Reform was also established in September, 1998 with a mandate to look into all cases of prisoners in Nigeria, and to draw up a comprehensive penal reform package.

Economic, Social and Cultural Rights are insufficiently protected. Many Nigerians do not have access to adequate housing. Numerous persons are unhoused, or dwell in shacks, slums or dilapidated, dangerous structures. The deplorable stare of health care in Nigeria is largely due to inadequate allocation of funds to the health sector. As a consequence of the massive misappropriation of national resources, critical service sectors of the nation are in acute of dysfunction. Power, water and fuel are in severely short supply and unavailable in many areas of the country.

A disturbing feature is the inadequate protection of children’s rights and ineffective compliance with the Convention on the Rights of the Child. There is continued malnutrition amongst almost 30% of Nigerian children. However, it is encouraging to learn of the joint Federal Government of Nigeria-UNICEF Programme of Cooperation for the period 1997-2001 aimed at reducing infant, and maternal mortality, and chronic under-nutrition; improving access to universal basic education, safe drinking water; and crating a healthy environment within a children and women’s rights framework.


Improvements have been made in women’s participation in the political process and more women have been included in public affairs. There has been an increase in the number of female judges. At the same time, there is no determination to repeal or modify laws which operate in a discriminatory manner against women, owing to the religious complexity of the issues involved. Discriminatory practices against women continue unabated.

One of the most heartening features is the National Human Rights Commission which is doing commendable work in the field of human rights. It has undertaken several important initiatives, including a study of prison conditions, and human rights promotional activities in conjunction with NGOs, and in the field of human rights education. The Commission, if strengthened by making it independent and expanding its powers and jurisdiction to cover all cases of violations of human rights economic, social and cultural rights, could contribute meaningfully to building a culture of human rights in Nigeria.

Madam Chairperson, on balance and surveying the whole Nigerian scene, two statements can confidently be made: Firstly, that there has been a marked improvement, a qualitative change in the human rights situation in Nigeria compared to that which prevailed before June, 1998. Secondly, much remains to be done to ensure that basic human rights, both civil and political and economic, social and cultural are effectively protected and meaningfully realized. One must view the situation with cautious optimism but without any sense of complacency. What is necessary is not to place reliance on individuals who are transient, but to consolidate institutions which are essential for the protection of human rights. All friends and well-wishes of Nigeria would extend full support to the Nigerian Government in its sincere efforts to establish a true democratic society based on the Rule of Law and respect for human rights of every person.

Madam Chairperson, I thank you and all distinguished delegates for your patient attention.