Innocent Anaba
21 November 2008
The African Commission on Human and Peoples Rights (ACHPR), 44th Ordinary Session, which Nigeria is privileged to host, has put on the spot light, Nigeria's human rights record.
Civil Society Organisations, who stormed the event in Abuja, the Federal capital territory, saw it as an opportunity to bring to the continental body, Nigeria's human rights record, which they consider unfavourable.
Other continental human rights concern also took the center stage at the session, as the continental NGOs, national human rights institutions, expressed concern over wide range issues, from rights of the physically challenged; refugees in South Africa from Somalia, Mozambique, Democratic Republic of Congo and Zimbabwe; people living with HID/AIDS; arbitrary arrest and detention of activists, opposition candidates and journalists; failure of state governments to guarantee economic and social rights; children in armed conflict; the Darfur conflict; free and fair elections; women and children rights amongst others.
Participants at the session
Chairperson of ACHPR, Justice Sanji Monageng, in her address at the session, painted gloomy picture of human rights situation in Africa. According to her, "despite some important progress made in some states in the Union (AU), the overall human rights report card is poor. There are conflicts in Somalia, in Eastern DRC, Eastern Chad, Central African Republic and Northern Niger. Gross human rights abuses have also been reported in Darfur, the Norn of Africa and in the Great Lakes Regions, with women and children bearing the brunt of these conflicts".
Further she said, "economic and social rights are still beyond the reach of the majority of the African people. Millions of people continue to live without access to basic necessities of a dignified life, such as clean water, proper housing, food, education and primary health care". The way out for her, is for "state parties to the African Charter to do more and to tackle head-on, some of the continent's pressing human rights problems, so that millions of young men and women are not denied their human rights".
Nigeria's Attorney General, Chief Michael Aondoaka (SAN), in his address at the opening ceremony, said "Nigerian government is taking deliberate steps to make sure that there are accessible and effective avenues for dealing with human rights violations when they occur. We realize that an effective human rights complaints mechanism is important to the realization of a culture of human rights and rule of law. To this end, the National Human Rights Commission and other agencies with similar mandate are being strengthened."
He further said, "government is also aware that achieving respect for human rights of our people is a continuous process. We are committed to provide sufficient resources to promote Human Rights awareness and education. Government also, acknowledges that poverty is a major factor that contributes to the violation of human rights of our citizens." Beyond government recognition of the needs for human rights, Nigerian civil society want government to do more, in concrete terms, to make it come to fruition. One area civil society want government to act fast on, is making of Chapter 2 rights in the 1999 constitution, justiciable.
Nigerian's Periodic Report was reviewed at the session and the country, in the 94 page report, said it has made tremendous improvement in the provision of social infrastructure, education and health amongst others. The country report, also claimed that progress had been made in human rights, anti-corruption fight, democracy and good governance, accountability amongst others. But Nigerian civil society however, were not impressed by the report, and faulted the document as being too voluminous and intended to make it difficult to read and comprehend easily.
The major concerns of the civil society, as succinctly captured in Civil Liberties Organisation (CLO) report at the session, is that in Nigeria and, indeed, the entire African continent, there are cases of ethnic repression, forced eviction, corruption, poor and high cost of education, poor health facilities, torture, ill treatment of the citizens, extra-judicial killings, secret trial of persons in manner that violate the constitution and other human rights instruments and impunities in Nigerian prisons.
Other concerns according to them include, disrespect for the country's grand norm, the 1999 constitution, and African Charter on Human and Peoples Rights and other human rights covenants to which Nigeria is a signatory; lack of implementation and the non-domestication of the ICECSR by Nigeria; lack of independence of the National Human Rights Commission and the anti-corruption bodies in both appointment, operations and funding, and the provision of the 'questionable immunity clause' which protects serving President, Vice-President, Governors and Deputy Governors from being tried while in office for crimes committed by them as contained in the 1999 Constitution.
According to the group, also rampant are the practice of torture and extra-judicial executions perpetrated by both state and non state actors in Nigeria. Concerned by the war led by the Minister for Justice and Attorney General of the Federation to weaken the Economic and Financial Crimes Commission (EFCC), Nigeria's major anti-graft body and other anti-corruption agencies to protect public officers who looted and still looting public funds to the disadvantage of Nigerians under the guise of rule of law.
Constitutional Rights Project (CRP) and Rights Enforcement & Public Law Centre (REPLACE), in their reports called on the Nigerian government to ensure that the rights of detainees, especially the right to fair hearing within reasonable time, are observed and respected.
According to the groups, "Nigeria's prisons hold over 40,000 inmates. About 63% of this population are awaiting trial detainees. Many in this category routinely spend more time in pre-trial detention than they would have if they were convicted. The average period of pre-trial detention is nearly four years according to them. They argued that 3.7% of pre-trial detainees in Nigeria are held because their case files are missing, 7.8% are detained because the investigating police officers have been transferred and cannot be reached, while another 17.1% are in prolonged detention in prison as a result of undue delay in investigation".
Meanwhile, the Civil Society Organisations in Nigeria under the platform of Human Rights Agenda Nigeria (HRANigeria) in collaboration with Open Society Initiative for West Africa (OSIWA), met, prelude to the session and observed that the return of democracy in 1999 was seen as major landmark and an opportunity for the restoration of justice, accountability, transparency and enjoyment of human rights, especially basic economic and social rights, to the Nigerian people.
However, the groups noted, democratic governance has neither resulted in reduction of political corruption nor an improved enjoyment of basic economic, social and cultural rights by the majority of Nigerians. Observing that the right to life is a fundamental right, the non-observance of which undermines all other human rights, civil society said that "the right to life is a non-negotiable right, especially as the African Charter does not expressly allow for any derogation from the rights it enshrines.
Participants noted that the realization of this right is dependent on the existence of certain conditions and is impeded by certain practices".
Treating the issues one after the other, the groups under Rule of Law, Democracy and Fair Trial, said "the right to a fair trial can only be fully respected in an environment in which there is respect for the rule of law and fundamental rights and freedoms. The rule of law includes the existence of fully accountable political institutions. Democracy is only possible where people's vote counts and sanctity of the ballot paper is guaranteed."
Independence and Impartiality of the Judiciary
While there are constitutional and legal provisions which provide for the independence of the judiciary in most of the country, the existence of these provisions and the obedience of court pronouncements by government alone do not guarantee the independence and impartiality of the judiciary. Issues and practices which undermine the independence and impartiality of the judiciary include the lack of transparent and impartial procedures for the appointment of judges, interference and control of the judiciary by the executive, lack of security of tenure and remuneration and inadequate resources for the judicial system.
Military Courts and Special Tribunals
In the country, it was noted that military courts and special tribunals exist alongside regular judicial institutions. The purpose of military courts is to determine offences of a pure military nature committed by military personnel. While exercising this function, military courts are required to respect the rules of fair trial. They should not in any circumstances whatsoever have jurisdiction over civilians. Similarly, special tribunals should not try offences which fall within the jurisdiction of regular courts.
Impunity and Effective Remedies
The failure of the state to deal adequately with human rights violations it was agreed often results in the systematic denial of justice and, in some instances, conflict and civil war. The failure of the government to prosecute perpetrators of political violence and election rigging is a precipice towards the collapse of democracy in the country.
Economic, Social and Cultural Rights
Although the full realization of economic, social and cultural rights, it was observed may be achieved progressively, only that successive Nigerian governments have failed to take steps towards that goal, several decades after Nigeria voluntarily committed itself to both the ICESCR and the African Charter.
The failure to take deliberate, concrete and targeted steps to implement basic economic, social and cultural rights has continued to precipitate poverty, deprivation and inequality in the country. Millions of Nigerians continue to be deprived of essential foodstuffs, primary health care, basic shelter and housing, and the most basic forms of education. There is massive and direct denial of their right to work, and the right to an adequate standard of living, including the rights to food. At the same time, the government has failed to report regularly to the UN Committee on Economic, Social and Cultural Rights on efforts at giving life to provisions on these rights.
Justice system
The session noted that access to justice is a paramount element of right to life. Despite several announcements by the government on prisons reform, very little impact is achieved in this area. According to the report, of a prison population estimated by the government at 45,000, approximately 25,000 are awaiting trial, which many of them have being behind bar for more than five years. Over 700 convicted inmates are also on death row.
About 80 of them were convicted by Robbery and Firearms Tribunals with no right of appeal to a higher court. At least, 130 prisoners have been on death row for longer than 10 years, some for more than 24 years. Many cannot have their appeals heard because their case files are missing. Long delays in the justice system, appalling conditions and severe overcrowding, it was said contribute to growing despair and frustration amongst inmates.
Women Rights and violations
Nigerian women still remain victims of pervasive domestic violence, rape and other sexual violence perpetuated by public and private individuals. Of particular concern is the increase in female children sexual violence. The entrenched culture of impunity for human rights violations, and government's consistent failure to exercise due diligence in preventing and addressing sexual violence by both state and non-state actors are underlining factors for this violations.
A bill to domesticate the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) has consistently failed at the National Assembly. The Federal Government adopted the National Gender Policy in 2007 to promote gender equality, integration and human rights.
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