16 October 2002
analysis
Lagos — Fifteen years of military rule before 1999 showed little respect for the rights of Nigerians. But the advent of democracy in that year brought expectations that things would improve. After three years, Funso Abdullahi and Agha Ibiam write on progress made on this front
When democracy returned to Nigeria in 1999, the Federal Government deemed it necessary to establish the Human Rights Violations Investigation Commission (HRVIC), which became widely known as Oputa panel, to investigate all cases of human rights abuses and violations that occured between January 1966 and May 28, 1999.
Justice Chukudifu Oputa, Chairman of the commission, had then declared that: "President Olusegun Obasanjo asked us to heal the wounds of the nation and we want to reasure him that we will carry out this monumental national assignment and we know that we cannot afford to fail." The panel was inaugurated by President Obasanjo on June 14, 1999.
Before 1999, especially during the administration of the late General Sani Abacha, Nigeria was regarded as a country with no respect for human rights. Before then, the country had been ruled by military men for about 15 years. One of the worst things to happen took place in 1996 when Ogoni rights activist and writer, Ken Saro Wiwa was hanged on charges, which the human rights community felt were trumphed up. The execution triggered a rash of disapproval from the international community and this culminated in the country's suspension from the Commonwealth Group of Nations. That adminstraion on two occasions arrested some prominent Nigerians for allegedly planning to overthrow the government. On both occasions, some of these were sentenced to various jail terms while some were to face the hangman's noose. Although international rage later made government simmer down and commute the death sentences to life terms, Major General Shehu Musa Yar'Adua later died in prison under controversial circumstances. The President Obasanjo also just escaped death by the whiskers.
Like the Ibrahim Babangida regime before it, Abacha shut dowm media houses at random and and national interst suddenly became identical to the personal interest of the dictator.
The situation however improved in the 11 months that Gen Abdulsalami Abubakar who took over after the sudden death of Abacha. Most of those awaiting trial or coup plotting were released and Obasanjo actually lived to be president. Although Abdulsalami started a process, the military status of his government could not rid the country of human rights abuses.
Thus when Olusegun Obasanjo assumed office on May 29 1999, he had the task of proving to the world that Nigeria could put these abuses behind and shed the toga of a pariah nation.
Three years into democratic experience how has the government fared?
According to the Executive Secretary of National Human Rights Commission (NHRC), Mr. Bukhari Bello, there has been tremendous improvement in the human rights. He noted that military regimes wrongly suspended constitutions and with that, the fundamental liberty of individuals. This made them put people in jail without trial. "The military on their part, had no respect for the rule of law, hence due process was flagrantly abused and jettisoned altogether. Laws were enacted through decrees made by a clique of serious coup plotters or by several self-styled human supreme commanders and thse laws had little respect for constitutional quarantees of human rights", Bello said.
But with the advent of constitutional government the three arms of government, are now performing their roles as contained in the constitution with principles of separation of power.
But some human rights groups have critised President Obasanjo on the human rights performance of his administration. For instance, the Campaign for Democracy (CD) has described the government on human rights as unimpressive.
Evident on this score, the group explained is flagrant disregard for court order at various levels of governance, particularly with the executive arm of the national government and the ruling Peoples Democratic Party (PDP).
The CD maintained that even though Nigeria joins the rest of the world in the celebration of human rights day ever year,"the shoot at sight order still subsists in Nigeria.
Bello informed that human rights is more than just the issue of rights to life, liberty, and freedom of association. "There are other rights of Nigerians that are not heard in this country, especially the economic, social and cultural rights. And because we are living in an unequal society, majority of Nigerians live in ignorance, abject poverty, squalor and diseases", he said.
One human rights abuse, the Civil Liberties Organisation (CLO) identified is that of the death penalty, which it called on the federal government to abolish and fashion a legislation that would protect and safeguard lives in accordance with acceptable international norms.
"The death penalty as a form of punishment is inhuman and antithetical to the quest to protect and preserve human lives as expressed in Article 3 of the universal declaration of human rights; Article 4 of the African charter on human and people's rights and other international human rights instruments."
In its national action plan on human rights in Nigeria, the National Human Rights Commission said the plan for the promotion and protection of human rights is a systematic and national strategy to help realise the advancement of human rights in Nigeria.
The commission is working in conjunction with the Federal Ministry of Justice to develop the plan which is envisaged to serve as a policy document for the realisation of fundamental rights and freedom as well as provide a standard setting framework for human rights goals and priorities within an achievable time frame.
At the last celebration of the International Human rights day on December 11 last year, the Commission noted that Nigerians have suffered for too long and that if civil and political rights were to be relevant, then economic and social rights must be guaranteed.
It said widespread poverty inhibits the full and effective enjoyment of human rights. "The huge gap between the rich and the poor, between the haves and the have nots threatens the existence and survival of our democracy. We must alleviate it immediately and eradicate it as soon as possible."
It noted that Nigeria has gone through a traumatic period of military rule and that one of the main casualties of this prolonged military dictatorship was human rights.
But with democracy in place the legacy of abuse of power, social injustice, political oppression, economic exploitation, judicial oppression and wanton disregard for human rights and fundamental freedoms should be issues of the past".
The respect for human rights is a sine qua non for peace, stability, democracy and development.
Director International Human Rights Group, Dr. Jubrin Ibrahim, told THISDAY that the human rights situation over the past three years has improved relative to what it was under the preceding military dictatorships. "My own feeling is that the current regime has shown a basic commitment to human rights. But they still retain some of the authoritarian traits that have characterised earlier political life", he said.
One of the difficulties of improving human rights in that context, he observed, is that the laws used in this country have all been drawn under military dictatorship and many of them do not provide for adequate human rights conditions, he submitted.
He cited an example of the petroleum pipeline act of 1969, which he said allows security forces to shoot people on sight without any procedure whatsoever.
"We have difficulty in part of our laws and it is therefore a long time process to review our constitution and make for improved legislation on human rights", Ibrahim explained.
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