In this report, VIVIAN OKEJEME writes on the recent report from African Commission on Human and People’s Rights (ACHPR) commending Nigeria on its commitment towards effective adherence to human rights.
Human rights violations are considered a crime against humanity. Human rights are based on the principle of respect for the individual and the fundamental assumption is that each person is a moral and rational being who deserves to be treated with dignity.
In view of this, the favourable assessment of Nigeria as it concerns commitment towards effective adherence to human rights by the African Commission on Human and Peoples Rights (ACHPR) is a welcome development.
ACHPR commissioners who are on promotion mission to Nigeria had commended Nigeria for her political will and commitment towards the effective adherence of human rights, including the adoption of legislative and other measures to implement the African Charter and other ratified regional and international human rights instruments.
Leader of the delegation, Commissioner Lucy Asuagbor, made this known in a press statement on the outcome of the promotion mission of the ACHPR to Nigeria, weekend at the Federal Ministry of Justice, in Abuja.
The statement signed by Special Adviser on Media and Publicity to the Attorney General of the Federation and Minister of Justice, Comrade Salihu Othman Isah, quoted Asuagbor as saying that they were in Nigeria on the mandate under Article 45 of the African Charter on Human and Peoples’ Rights and authorization by the Government of the Federal Republic of Nigeria.
She disclosed that the delegation that undertook a promotion mission in Nigeria, noticed positive developments in the country in these specific areas:
Adoption of the Violence Against Persons Prohibition Act (2015), which inter alia, criminalises female Genital Mutilation and harmful traditional practices.
According to her, adoption of the Administration of Criminal Justice Act(2015), which provides for the administration of criminal justice system and promotes efficient management of criminal justice institutions and the National Human Rights Amendment Act (2011) which guaranteed the independence of the National Human Rights Commission (NHRC) and extended to it a quasi-judicial power for investigating and adopting legally binding decisions.
Another record development in the area of human right, the commissioners noted is the commitment of the government to ensure the rescue of the kidnapped Chibok girls, as well as enhanced security efforts of the government to protect people in the North-east region of Nigeria from the scourge of Boko Haram and establishment of the Presidential Committee on North-east Initiative (PCNI).
The statement also mentioned the interventions of various entities including the NHRC and Nigerian Bar Association (NBA) to ensure that human rights and humanitarian law norms are observed in undertaking security operations and dealings with suspects.
Establishment of a Senate Committee to investigate allegations of misappropriation of funds allocated for humanitarian assistance to the North-east, was also commended.
The July 15, 2016, report of the Kaduna State Judicial Commission of Inquiry into the clash between the Islamic Movement in Nigeria (IMN) and Nigerian Army in Zaria, the Hydrocarbon Pollution Remediation Project, the efforts for achieving settlement with local actors including militants and the existence of various initiatives including the Niger Delta Development Commission (NDDC) as well as the Ministry for the Niger Delta Affairs were also mentioned as recorded achievement made by the nation in the area of human rights.
The Ogoniland clean-up and restoration program, the Petroleum Industry Roadmap with its seven key areas called 7 Big Wins and the efforts for achieving transparency in the extractive industries through the Nigerian Extractive Industries Transparency Initiative (NEITI) were also indicated.
However, the delegation that made a painstaking in-road into bureaucratic processes of some Ministries Departments and Agencies (MDAs), governmental and non-governmental organisations, identified that despite the huge successes recoded by government on human and people’s rights, a lot was still left undone.
While extolling the nation on the recorded achievement, Asuagbor also indicated that, the delegation was concerned about a number of challenges, including: Resurgence of agitations and militancy in the Niger Delta Region; reports of killings following incidents of violence between pastoralists and farmers, and overcrowding of prisons and the situation of 70% of inmates awaiting trial for long period of time, some more than ten years.
The group also expressed concern in the backlog of cases in the judiciary, allegations of excessive use of force by security forces in the context of public protests as highlighted by the clashes in Zaria, proper resourcing of administration of justice agencies including the NHRC and Legal Aid Agency and the lack of certainty on the status of those who remain on death row for years.
Also, the lack of adequate funding, which affects crucial programs of the NHRC, NEITI, NDDC among others, allegations of sexual and gender based violence against women and girls in IDP camps and the existence of orphaned children, in addition to allegations of violations of human rights and humanitarian law norms which includes excessive use of force, arbitrary detention and torture by security forces and civilian militia groups and lack of independent investigation into these allegations need an urgent attention.
Continuing, the statement also underlined the dire humanitarian situation of populations affected by the insecurity in the North East, particularly internally displaced persons and the challenges relating to the timely delivery of humanitarian support including food, water, health services and full coordinated access to humanitarian agencies as challenges that need a great attention by the nation.
In the light of the foregoing, the delegation made preliminary recommendations including to ratify regional and international instruments, in particular the Second Optional Protocol to the International Convention on Civil and Political Rights, aiming at the Abolition of the Death Penalty, in addition to making the declaration under article 34(6) of the African Court Protocol to allow individuals and NGOs direct access to the Court.
In addition, they urged parliament to expedite the adoption of the laws including the Bill on Torture, Disability, petroleum Industry, including other pending bills which have a bearing on the promotion and protection of human rights in Nigeria.
Subsequently, urgently promote domestication of the Administration of Justice Act at the State level, in order to ensure the right to a speedy trial for all prisoners currently awaiting trial.
According to ACHPR commissioner, the objective of the mission was among other things, to promote the African Charter and other regional and international human rights legal instruments; strengthen relations between the commission and Nigeria with regard to the promotion and protection of the rights guaranteed by the African Charter and other relevant human rights instruments; monitor implementation of the recommendations made in the Report following the mission that was undertaken in Nigeria in 2009 and the recommendations contained in the commission’s concluding observations, adopted following Nigeria’s presentation of its 5th periodic report during the 56th ordinary session, held between April 21 and May 7, 2015, in Banjul, Gambia among others.
While extolling the nation on the recorded achievement, Asuagbor also indicated that, the delegation was concerned about a number of challenges, including: Resurgence of agitations and militancy in the Niger Delta Region…
