Country Report on Human Rights Practices for 1989
NIGERIA
Nigeria is ruled by a military regime headed by President
Ibrahim Babangida, who came to power by a military coup in
August 1985, overthrowing a previous military regime which in
turn had seized power from civilians in December 1983. A
19-member Armed Forces Ruling Council (AFRC) is the country's
main decisionmaking organ, while a mixed military/civilian
cabinet presides over the Federal Military Government's (FMG)
executive functions. Military governors head each of the 21
states, while a minister heads the Federal Capital Territory,
Abuja. The 1979 Constitution remains partially in effect, but
significant provisions, namely those guaranteeing free
elections, political parties, due process, and habeas corpus
are suspended. Federal and state legislation, promulgated by
decree, is largely exempt from challenge in the courts. The
FMG continues to plan a transition to democratic, civilian
rule with a prescribed two-party system by 1992 (postponed
from 1990).
The Constituent Assembly, consisting of 450 locally elected
members and 111 FMG-nominated members, submitted its revisions
to the 1979 Constitution to the AFRC in March 1989. The AFRC
in May approved the draft constitution, which is influenced by
the U.S. Constitution; it remains substantially similar to the
1979 Constitution and is scheduled to become law on October 1,
1992. In October, however. President Babangida abolished
newly emerged political associations for failing to meet
guidelines for registering national parties. Then in December
the AFRC established two national parties, one "slightly to
the left" and the other "slightly to the right." It also
delayed local and state level elections to allow the new
parties to become organized but maintained the October 1992
date for the return to civilian rule.
The FMG enforces its authority through the Federal security
apparatus—the military, the State Security Service (SSS), and
the national police--and through the courts. Deficiencies in
organization, management, and control often lead to ongoing
human rights violations: arbitrary arrests, detention without
trial, and excessive use of force by law enforcement officers.
Most of Nigeria's 100-million-plus population still lives in
rural areas, engaging in small-scale agriculture. Nigeria is
dependent upon its oil exports (90 percent of all export
revenues in 1988) to pay for needed imports and service its
massive foreign debt ($33 billion at the end of 1988). The
decline in world oil prices caused a drop in Nigeria's oil
revenues from $26 billion in 1981 to $6 billion in 1985. To
address the massive contraction of the economy. President
Babangida imposed in 1986 a Structural Adjustment Program
(SAP), which required radical adjustments to economic
policies. These factors taken in combination have led to a
substantial decline in the standard of living over the past
decade.
Human rights continued to be subject to limitation in 1989.
While the Government frequently voiced its commitment to human
rights, it took a harder line with its critics following riots
in Lagos and other southern cities in May and June. These
disturbances, triggered in part by increasing prices,
encompassed allegations of corruption against top leaders,
including President Babangida, and criticism of the SAP. The
security apparatus responded with force, killing at least 22
persons according to official reports, injuring many others.
and arresting hundreds, many of whom remained imprisoned at
the end of 1989. Many universities and several newspapers
were closed temporarily, and journalists and activists were
detained for alleging corruption of certain high officials and
challenging the SAP. In December, however, the Government
abolished "wandering" as a criminal offense (akin to vagrancy),
which could benefit hundreds of Nigerians held without formal
charge. Furthermore, on December 31, 1989, the FMG announced
an amnesty of prisoners to alleviate overcrowded prisons.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There was no evidence of politically motivated killing at
government or private instigation in 1989.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
A portion of the 1979 Constitution still in effect outlaws
torture and mistreatment of prisoners, and Nigerian law
provides penalties for excesses. There was no evidence of the
systematic use of torture by Nigerian authorities in 1989,
although in April a High Court Judge ruled against the
defendant in one police torture case. Moreover, there were
persistent, though unsubstantiated, allegations that capital
punishment of convicted armed robbers is sometimes carried out
in an inhumane way. Other public allegations and evidence of
police brutality surfaced periodically in 1989 in connection
with the treatment of common criminals and with relation to
the Ketu incident (Section l.g.).
There are also frequent charges of police brutality or
arbitrary treatment at police checkpoints. Ostensibly to
combat the high crime rate, these checkpoints are set up
throughout the country, and police are often accused of
demanding bribes or producing false arrests. Human rights
activists and other observers claim that police make arbitrary
arrests and attempt to extract small bribes during transport
to detention facilities. There have also been cases of
military personnel harassing citizens or taking the law into
their own hands over personal disputes without being
disciplined or punished. The Government has spoken out
against these practices, but there have been few prosecutions
for them.
The press reports that prison conditions remain poor and that
the prison system is operating at 200 percent of capacity.
Conditions likely worsened from the large influx of new
detainees following the riots in May and June. The Government
has acknowledged overcrowding and has announced a program to
build new prisons, although little construction began in
1989. The combination of overcrowding, disease, and
malnutrition in prisons has resulted in a heavy death toll.
According to reputable press sources, the Ikoyi prison in
Lagos, housing 2,500 though designed for 800, recorded 42
deaths in the first 3 months of 1989 and over 300 deaths in
1988. Most Nigerian prisons have no toilet facilities and no
water in the cells. Press sources report that the Benin
prison has one water tap Cor its 800 prisoners. They are
often forced by overcrowding to sleep in shifts, crouched on
the cell floor. Prisoners often accuse underpaid prison
wardens of stealing food supplies. The insane, the diseased,
juveniles, convicts, and suspects are all housed in the same
cells.
The existence of a secret government prison on Ita Oka Island
was revealed in 1988 by the Nigerian Civil Liberties
Organization and was publicized by a leading Lagos newspaper.
The Government announced 10 days later that the facility had
been closed, but in 1989 there were new allegations that the
facility still houses prisoners.
d. Arbitrary Arrest, Detention, or Exile
Cumbersome administrative procedures and bureaucratic
inefficiency can result in persons suspected of criminal
offenses being held for extended periods without charge or
trial. This is so even though provisions of the 1979
Constitution still in force guarantee persons charged with
crimes a fair public trial in civilian courts within 3 months
of the date of arrest. Criminal justice officials, however,
freely admit that the system is so overburdened that the
3-month time limit is rarely met. A report was submitted to
the Attorney General in 1989 which included unpublished
recommendations for correcting these abuses. In December,
however, the Government abolished the criminal offense of
"wandering," a hold-over from colonial statutes designed to
exclude Nigerians from government-restricted areas. The
statute had been misused as a vagrancy law and an excuse for
police officers to detain persons without charge. On December
31, 1989, the FMG announced a broad amnesty of convicted
prisoners to alleviate greatly overcrowded prison conditions.
Certain high court chief judges continued in 1989 to exercise
their right to release detainees who have already spent more
time in prison than they would serve if convicted of the
crimes of which they are accused. However, human rights
activists claim that 60 percent or more of a prison population
of 58,000 are awaiting trial—often for many years--for
offenses that carry a sentence of 2 years or less.
The Babangida Government has retained the authority to detain
without charge persons suspected of acts prejudicial to state
security or harmful to the economic well-being of the country,
as well as those suspected of being a threat to the Government
under Decree 2 of 1984, the State Security (Detention of
Persons) Decree. This Decree suspends sections of the 1979
Constitution guaranteeing citizens the right to fair trial,
due process, and judicial determination of the legality of
detention (habeas corpus). While it imposes no time limit and
disallows challenges of the detention in a court of law, the
Decree provides for administrative review of such cases every
3 months.
Arrest authority under this Decree was expanded in 1989 and
was shared by the Chief of General Staff, the Minister of
Internal Affairs, and the Inspector-General of Police. The
Government showed a penchant for using Decree 2 arbitrarily to
detain persons it considered a threat to "public order"--which
critics charged too often meant simple opposition to key
government policies—for an indefinite period of time. Human
rights activists and lawyers groups sharply attacked the
Government on the issue of Decree 2 throughout 1989. The
Government, through its civilian Minister of Justice, publicly
defended the security merits of Decree 2 and claimed that the
Babangida regime has invoked it less often than the Buhari
regime or other previous military regimes using similar
decrees. Human rights observers, however, accused the
Government by its stance on Decree 2 of paying only lip
service to human rights. They claimed in late August that
there were currently about 90 persons detained under Decree 2,
80 of whom were in Lagos prisons.
The most celebrated Decree 2 case of 1989 was that of
outspoken government critic and Lagos lawyer. Chief Gani
Fawehinmi. Fawehinmi, with several other persons, was
arrested soon after the May/June riots, ostensibly for
attempting to organize a conference on alternatives to the
SAP. Soon after his arrest, Fawehinmi was transferred
clandestinely to a prison facility in Borno State. In
September, after 3 months of public outcry, Fawehinmi was
brought back to Lagos, charged with disrupting the transition
to civilian rule, granted bail, and immediately rearrested
under Decree 2 and returned to Borno State. In October 1989,
however, the FMG released Fawehinmi while awaiting trial.
Since he continued to speak out on political issues, there
were apparently no restrictions on his freedom of speech, and
his passport was restored to him.
In another highly publicized Decree 2 case, the FMG released
Alhaji Balarabe Musa, former governor of Kaduna State on
October 10 after 155 days of detention for unauthorized
political activity. Musa launched the People's Liberation
Party in May, even though he is banned from pplitics until
1992 (see Section 2.b.).
Many detainees are held on grounds other than Decree 2. Human
rights activists claim that detainees being held without
charge in connection with the May/June riots and as a result
of shortcomings in the administration of the criminal justice
system still numbered in the hundreds at the end of 1989 and
that the families of those still in jail or who have
"disappeared" in the system refuse to go public for fear of
arrest.
Tn 1989 the Government continued a process, begun in 1986, of
reviewing the cases of persons detained or convicted under
various decrees during the previous military administration
(1984-1985), many of whom have already been released. In
addition, all of those arrested as a result of the 1985 coup
which brought Babangida into power have been released,
including former Head of State Muhamadu Buhari and his
second-in-command, Tunde Idiagbon.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The 1984 Decree modifying the 1979 Constitution left the
judiciary relatively intact, but it shifted judicial
responsibility for certain specified offenses to special
military tribunals established outside the regular judicial
system. The latter is composed of both federal and state
courts and includes procedures for appeals from courts of
first instance to appeal courts at state levels, then to the
Federal Court of Appeal, and finally to the Federal Supreme
Court. Courts of first instance under the 1979 Constitution
include magistrate or district courts, customary or area
courts, religious or Shari'a courts, and, for some specified
cases, the state High Courts. In some instances, the nature
of the case determines which court has jurisdiction. In
principle, customary and Shari'a courts have jurisdiction only
if both the plaintiff and the defendant agree to it, though in
practice fear of legal costs, delay, and distance to other
alternative courts push a number of litigants into these
courts. Under the 1989 draft constitution (which is scheduled
to come into force in 1992) Shari'a (Islamic) courts are
limited to followers of Islam and effectively confined to the
11 northern states of Nigeria.
Trials in the regular court system are public and respect
certain constitutionally guaranteed individual rights. These
include a presumption of innocence, the right to be present at
a public trial, to confront witnesses and present evidence,
and to be represented by legal counsel, if so desired. In
capital cases, the Government provides counsel for indigent
defendants. In other cases, indigents must rely for counsel
on the Nigerian legal aid council, which has limited
resources. Assistance is extended under the Legal Aid Act of
1976 to persons with incomes of up to about $200 (at the
current official rate of exchange) per year. There is legal
provision for bail, though the Nigerian Bar Association
charges that bail is underutilized with the result that many
accused persons remain in jail while awaiting trial for petty
offenses. Bail is denied to those charged with murder and
armed robbery.
The AFRC has weakened the regular court system through decrees
promulgated by the previous military government that are still
in effect. Under these decrees, the AFRC has transferred
jurisdiction over cases involving corruption, currency
violations, armed robbery, and a variety of miscellaneous
offenses, such as drug trafficking and illegal oil bunkering,
from the civilian judicial system to special military
tribunals. In these cases, those charged have access to legal
assistance, bail (except in the case of armed robbery), and
the right to appeal (except in the case of armed robbery and
conviction under the civil disturbances decree). In contrast
to the previous regime, however, civilian judges now head all
special tribunals. Military and police officers sit on these
tribunals as coequals with the judge. Sentences by these
special tribunals are generally severe. Convictions for armed
robbery by the Special Robbery and Firearms Tribunals carry
the death sentence and no right of appeal, although the
sentence must be confirmed by the state's military governor
before it is carried out. Conviction under the Treason and
Other Offenses Tribunal (formed in 1986) also carries the
death sentence and provides for appeal only to the Joint
Chiefs of Staff. The Special Appeal Tribunal began its first
hearing in September 1987. Its recommendations cannot be
appealed but are subject to AFRC confirmation.
Legal observers have been particularly critical of the
mandatory death penalty without right of appeal, especially
for convictions for armed robbery where the sums involved are
minor and there appear to be irregularities in procedure.
Armed robbers have been sentenced to death for stealing sums
as small as about $40. Amnesty International, in its 1989
Report, asserted that these special courts do not meetN IGEPIA
international standards for a fair trial, especially because
they do not allow the right of appeal.
Judicial convictions for political offenses (as opposed to
detentions) are rare in Nigeria. Some observers claim that
there are political prisoners in Nigerian jails, but can give
no numbers and often make no distinction between those
detainees held without charge and those convicted of political
offenses.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Nigerian society is generally free of arbitrary interference
by the State in the private lives of its citizens. Provisions
of the 1979 Constitution still in force provide for rights of
privacy in the home, correspondence, and oral electronic
communications. While there have been isolated instances of
unauthorized forced entry by security elements, the State does
not carry out general surveillance of the population.
However, in the aftermath of the May/June riots, the wife of
the editor of The Republic newspaper was arrested in her home
and the dwelling unlawfully searched when security forces
failed to locate him for arrest. Human rights observers also
alleged that government security forces intimidated potential
witnesses after the May/June riots to prevent them from giving
details on human rights violations by threatening arbitrary
search and arrest. Such allegations, however, were
unsubstantiated.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
The issue of police brutality was a major focus of the press
and human rights activists in the aftermath of the May/June
1989 riots in many parts of Nigeria. Security forces
responded with force, killing at least 22 persons nationwide
according to official reports. Human rights observers claim
the death toll was much higher--over 200 by some estimates.
In one highly publicized incident, police forces allegedly
rounded up several hundred persons on the street in Ketu, a
Lagos borough, and transported them to the nearby police
station where many were forced into a small cell. Up to 50
persons reportedly died from suffocation and being crushed.
Despite the widespread publicity, no source could verify these
claims. The Government conducted an investigation, placing
the station's superintendent on administrative leave. He was
later cleared and transferred.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The modified 1979 Constitution continues to provide for
freedom of speech and the press, but it also reserves for the
federal and state governments the exclusive right to own and
operate radio and television stations. There are no
restrictions on ownership of print media and Nigeria has a
lively press. Among the many Nigerian daily newspapers are
seven privately owned national dailies with large
circulations, one daily owned by the federal Government, and
another in which the federal Government owns a majority
share. Many states operate their own daily or weekly
newspapers. In some states privately owned dailies competewith state papers. Six weekly news magazines vie for national
readership.
Broad criticism of the Government is tolerated, and there is
open discussion of political, social, and economic issues.
However, officials frequently caution journalists, both
publicly and privately, on their responsibility and the limits
on press activity. Although there are no published guidelines
or decrees that limit freedom of speech and the press, most
journalists make a well-considered decision in advance of
publication before they step over what they sense to be the
Government's line. The issues considered most sensitive by
the Government are normally associated with naming top
government officials in connection with corruption,
publication of subjects the Government believes will incite
the public to riot or otherwise undermine state security, and
subjects which fall under "disrupting the transition to civil
rule program." As a result, journalists maintain that
self-censorship is common.
In 1989 federal and state governments continued to arrest,
interrogate, and detain individuals who made, or were
preparing to make, public statements the Government considered
threatening. The arrest in June 1989 of Chief Gani Fawehinmi
and several others (noted in Section l.d.) is an example.
Also in June, The Republic newspaper editor and 12 staff
members were arrested and the newspaper closed to prevent
distribution of an issue reportedly containing an expose of
the illegal financial transactions of the Chief of General
Staff. All copies of the issue were confiscated on the
grounds that it included material which was "offensive to the
nation." All detainees were subsequently released and the
newspaper allowed to resume publication within several days.
Other journalists were detained and several newspapers
temporarily closed throughout 1989; all have subsequently been
released and the affected newspapers have resumed publication.
Academic freedom is generally respected by the Babangida
Government. There were no reports of censorship of books or
other academic publications in 1989 or of intimidation of
university faculty. Some observers allege that the State
Security Service maintains an active undercover presence on
university campuses and reports directly to the Government on
acts or attitudes deemed to threaten state security.
The National Association of Nigerian Students and the Academic
Staff Union of Universities remain banned for "radical
activities." However, the Government has tolerated formation
of new organs of student government on individual campuses.
University vice-chancellors are held directly responsible for
maintenance of public order on campuses and are given broad
authority to close universities. Such closures were
commonplace in 1989 in response to a spate of violent student
demonstrations over campus conditions. In May and June 1989,
the focus of student protests turned to government corruption
and the SAP. In response, the Government announced the
closure of six southern universities for a full academic year,
then later reversed itself, allowing the campuses to reopen on
October 31.
b. Freedom of Peaceful Assembly and Association
Nigeria's 1979 Constitution assures all citizens the right to
assemble freely and to associate with other persons in
political parties, trade unions, or other special interest
associations. Permits are not normally required for public
meetings indoors, unless administrative approval is needed to
use a government facility. Permits are required in many areas
for outdoor gatherings, but the requirement is routinely
ignored by both the authorities and the organizations holding
the meeting or rally. In a few isolated incidents in 1989
security forces broke up public meetings for lack of a permit
when the Government found the subject matter of the meeting
objectionable or threatening—namely criticism of the SAP. In
most states, open-air religious services outside a church or a
mosque continue to be prohibited.
The provision regarding the right to form and join political
parties was suspended by Decree 9 of 1984. The decree-imposed
ban on political activity was lifted in May 1989 in the run-up
to registration of the two national political parties in
October 1989. However, hundreds of present and former
government officials and politicians remain banned from
running for elective office in the local, state and federal
elections scheduled for 1990-1992. Nevertheless, the
Government often turns a blind eye to their participation in
political events, provided they remain discreet and do not
openly challenge the government Decree.
Before the ban was lifted in May 1989, the police broke up
several gatherings suspected to be political in nature.
Several persons, including former Kaduna State governor
Balarabe Musa, were arrested for violating the ban on
political activity and held under Decree 2. In Musa's case,
the Government also claims that he is a banned politician by
virtue of his former office, though no comprehensive list of
all banned politicians has been published, and the definition
of "banned politicians" is vague. After a prolonged court
battle over both accusations against Musa (violation of the
ban on political activity and status of a banned politician),
the case was dropped, apparently on a technicality, although
the FMG continues to maintain that Musa is a banned politician.
Nigerians form and participate in a wide variety of special
interest organizations, including religious groups, trade
groups, women's organizations, and professional associations.
Organizations are not required to register with the Government
and are generally permitted free association with other
national and international bodies. Following the March 1987
religious disturbances, however, the Government required that
religious groups be sanctioned by either the Christian
Association of Nigeria or the Supreme Council for Islamic
Affairs.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Nigeria's 1979 Constitution prohibits the federal and state
governments from adopting any state religion. This is adhered
to in practice, though some Christians have maintained in the
past that Islam or northern origin have provided a political
advantage. Constitutional provisions guaranteeing freedom of
religious belief, religious practice, and religious education
are generally respected. Reports are common that various
ethnic groups (including local and state officials belonging
to that group) discriminate against minorities (both ethnic
and religious) . Such actions often take the form of
employment discrimination and bureaucratic obstacles to church
or mosque construction that delay projects, sometimes
indefinitely. There are no restrictions on the numbers of
clergy trained nor on contacts with coreligionists in other
countries. Religious travel, including the hajj, is permitted
and is even subsidized by the Federal Government.
Publications in Arabic and the teaching of Arabic are freely
allowed, even in predominantly Christian areas. Missionaries
and foreign clergy, though limited by quotas, are permitted to
work in Nigeria. The Government places no obstacles in the
way of Nigerian missionaries working in other countries.
Tensions between the Muslim and Christian communities remain
high in some parts of Nigeria. Though scattered incidents
continue to be reported, religious violence on the scale of
the rioting which took place in the northern state of Kaduna
in 1987 has not been repeated. In the aftermath of those
disturbances, the Government instituted a ban, still in
effect, on all religious organizations on postprimary
campuses, while reaffirming the right of individual students
to practice their religion in recognized places of worship.
Several state governments temporarily banned religious
preaching and playing of religious cassettes outside places of
worship, without the written permission of police.
Publication of advertisements paid for by religious
organizations remains banned, although the ban is not strictly
enforced as such advertisements occasionally appear in the
press. Religious programming on radio and television, both
controlled by the FMG, remains limited in some areas. The
1982 ban on the Maitatsine Muslim sect, the source of bloody
disturbances in 1982 and 1983, also remains in effect. The
group still exists but is closely monitored by the police.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Nigeria's Constitution entitles citizens to move freely
throughout Nigeria and to reside where they wish. The same
provision prohibits expulsion from Nigeria or the denial of
entry to or exit from Nigeria to any citizen. In general,
these provisions have been observed. Following the elections
in December 1987 and March 1988, chairmen of local government
areas were ordered in June 1988 to inform their respective
state governors of travel outside of their areas. Traditional
rulers are also obligated to inform local government chairmen
of their travel. Nigerians travel abroad in large numbers,
and many thousands are studying abroad. Exit visas are not
required. But passports of editors and reporters have been
seized to prevent them from traveling after their publications
have printed stories offensive to the Government. Also, under
Nigerian law, wives--including expatriate wives--must have the
permission of husbands to take children out of the country.
Security officials in the past have prevented wives from
leaving the country with children, but there were no reports
of such interference in 1989. Citizens who leave Nigeria have
the right to return. Citizenship cannot be revoked for any
reason, including political reasons. No known penalties have
been levied on Nigerians who have emigrated, settled abroad,
or acquired another nationality. However, Nigeria does not
recognize dual nationality, and naturalization in another
country does not exempt Nigerians from Nigerian laws.
Nigerians are free to change their place of work within
Nigeria, but local laws and custom sometimes disadvantage
citizens not indigenous to the area. For example, access to
limited places in elementary and secondary schools is more
difficult for children of residents of other areas who must
also pay higher school fees than the children of local
residents. There has been no forced resettlement of Nigerian
citizens.
Nigerian law and practice permit temporary refuge and asylum
in Nigeria for political refugees from other countries.
Nigeria supports and cooperates with the Lagos office of the
United Nations High Commissioner for Refugees (UNHCR).
Repatriation of refugees is normally conducted in accordance
with UNHCR standards. In 1989 several hundred Chadian
refugees were repatriated at their request. No refugees were
expelled in 1989.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The 19-member AFRC headed by President Babangida is the
highest political authority in Nigeria. There is no elected
legislative body. In 1989 citizens did not have the right to
change their national or state governments through the
electoral process.
President Babangida has repeatedly stated that 1992 is the
date for returning Nigeria to complete civilian rule. An
appointed civilian Constitutional Review Commission completed
its work in early 1988 and in April presented a draft
constitution to the AFRC. In June 1988, the Constituent
Assembly, made up of representatives elected by Local
Government Areas (basic government units) and including
representatives of special groups (labor, women, religious
leaders) appointed by the Government, began the process of
refining and ratifying the Constitution in Abuja. The
Constituent Assembly presented its recommendations and a
revised draft to the Government in March 1989. Following AFRC
approval of the new draft constitution, the FMG lifted the ban
on political activity in May 1989 to allow political groups to
form and compete for registration of two national political
parties. Thirteen political associations emerged to compete
for party registration.
In August 1989, the FMG by decree removed from office all
elected chairmen of Local Government Areas to prepare for the
new local government elections originally scheduled for
December 1989. This decree established that during the period
of transition to civilian rule, the Federal Military
Government may suspend elected officials without reference to
the judicial system.
In October 1989, the National Electoral Commission (NEC)
reported to the AFRC that the emerging political structure was
riddled with irregularities and that none of the 13 political
associations met the guidelines for party registration. The
NEC concluded that the party registration competition had
failed to meet its objective of transforming Nigeria's
political culture by creating a "new breed" of politicians
free from control of the "moneybags" and regional, ethnic, and
religious bias. On October 7, President Babangida abolished
all 13 political associations and announced that the FMG would
create two new political parties: one "slightly to the left"
and one "slightly to the right." In December 1989, the FMG
enacted a decree establishing the new political parties and
signaling its intention to maintain strict control over the
transition process. Another December decree upheld com.pletion
of the transition by October 1992 but altered its timetable by
allowing the two new parties to coalesce and identify
candidates during the first 9 months of 1990, postponing local
elections from December 1989 until the last quarter of 1990
and delaying gubernatorial and state legislative elections
from 1990 until the fourth quarter of 1991.
Thousands of former Nigerian government officials, both
civilian and military, are prohibited from participating fully
in the transition process, although they remain eligible to
vote. In September 1987, the Government significantly
extended a ban announced in 1986 on partisan political
activity for a large number of former politicians from the
last civilian regime (1979-83) to include many political
figures from the first civilian republic (1960-66) and past
and present high-ranking military leaders. These persons,
including President Babangida himself, will be barred from
contesting any election until after the transition is
completed in 1992. Also, former politicians who were officers
of the previous parties will be forbidden to hold office in
any political party or to run for elected office until that
time. Furthermore, any person convicted or removed from
office for various misdeeds at any time since 1960 will be
banned for life from contesting elections or holding any
political party office.
Along with the July 1987 announcement of the political
transition program, the Government promulgated Decree 19 of
1987, which makes persons who might in any way forestall or
prejudice the transition program liable to a prison term of up
to 5 years. The Special Tribunal authorized to try offenses
under Decree 19 was formed in October 1987. Its decisions may
be appealed to the Special Appeal Tribunal.
The composition of the AFRC and Cabinet reflects greater
ethnic and religious diversity than any government in the
recent past.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
As far as is known, there were no visits or requests for
investigations of alleged human rights violations in Nigeria
during 1989 by any international human rights group. The
Babangida Government repeatedly renewed its pledge to uphold
basic human rights and to tolerate criticism from local human
rights advocates in 1989. The Human Rights Committee of the
Nigerian Bar Association monitors the domestic human rights
situation and characteristically speaks out against human
rights abuses. At least four major local groups are active in
human rights matters: the Committee for the Defense of Human
Rights, led by a prominent Lagos physician; the Nigerian
Council for Human Rights, chaired by a leading Senior Advocate
of Nigeria (SAN); Human Rights Africa, led by a prominent
Lagos lawyer and President of the Nigerian Trial Lawyers
Association; and the Civil Liberties Organization (CLO) , led
by several Lagos attorneys and a prominent journalist. Nobel
laureate Wole Soyinka also frequently speaks out on human
rights issues. The Nigerian Bar Association, Soyinka, and
leaders of all four human rights groups all made strong public
statements criticizing the Government's continued use of
Decree 2 and other forms of detention without charge. A
former president of the Nigerian Bar Association, who also
served as the chairman of its Human Rights Committee,
continues to hold the post of Attorney General and Minister of
Justice. He has been severely criticized by human rights
activists for his defense of Decree 2.
While most human rights monitors were relatively free from
government interference in 1989, four officers of CLO were
briefly questioned by police in January 1989 about a CLO
report on the status of human rights in Nigeria, but no action
was taken against them. The CLO continues to investigate
prison conditions and monitors developments at the Ita Oko
Island detention center, in addition to speaking out against
Decree 2. Nigeria is a member of the U.N. Human Rights
Commission.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
There is no official policy of discrimination against any of
Nigeria's 250 ethnic groups, and laws do not overtly favor one
group over another. The Government generally makes a
conscious effort "to strike a balance among different groups in
its decisionmaking and in appointments to key government
positions, and ethnic and regional hiring quotas are observed
in most public sector employment. However, Nigeria has a long
history of tension among its diverse ethnic groups, and
tradition continues to impose considerable pressure on
individual government officials to favor their own ethnic or
religious group. Religious and ethnic favoritism or
harassment persist and are widely perceived to persist.
Persons not indigenous to their state of residence frequently
experience difficulty in jobseeking, school enrollment, and
other areas.
Women have always had economic power and have exerted
influence in Nigerian society through women's councils or
through their family connections. As primary school
enrollment increases, women are gaining greater access to
education. There has been a dramatic increase in the number
of women who have university degrees and who have become
professionals, including teachers, lawyers, doctors, judges,
senior government officials, media figures, and business
executives. Despite a degree of economic independence, women
suffer discrimination in employment and other areas, and
experience social prejudice. The pattern of discrimination
against women varies according to the ethnic and religious
diversity of Nigeria's vast population. In some states,
husbands can prevent their wives from -obtaining employment or
passports. In many states, a widow cannot inherit her
husband's property, which in the absence of children usually
reverts to the husband's family. Women do not receive equal
pay for equal work, and male professionals receive fringe
benefits not extended to their female counterparts.
While violence against women, especially wife beating, exists,
there are no statistical data to help determine the extent of
the problem. Police do not normally intervene in domestic
disputes. Reports of wife beating tend to come from rural
areas, where women are generally uneducated and the use of the
legal system to protect themselves is a foreign concept and
unlikely to be used because of pressure from traditional
authorities. The Government has neither actively addressed
nor sanctioned this practice, which is subject to the
provisions of criminal law if brought to the courts. There is
no reason to believe that the legal system would not intervene
to protect women from wife abuse if a husband were formally
accused. In the case of female circumcision, the GovernmentmOEElA
publicly opposes this practice, which reportedly affects about
50 percent of the female population. The most dangerous form,
inf ibulation, is practiced in some areas. However, because of
the deep cultural roots of this practice, the Government has
relied primarily on education through women's and public
health organizations to help induce change in attitudes,
rather than trying to criminalize the practice. The
Government also opposes the selling of young girls for
marriage by poor rural families, again primarily through
education.
Section 6 Worker Rights
a. The Right of Association
Nigerian workers may join trade unions, with the exception of
members of the armed forces and employees of government
services designated essential by the FMG . Employers are
obliged by law to recognize trade unions and must pay a dues
checkoff for employees who are members of a registered trade
union. In 1981 organized labor claimed 3 million members out
of a total work force of 30 million. Since then, the
available work force has increased as the population has
grown, while trade union membership has probably declined due
to low economic growth.
While the trade union movement has had, within limits,
considerable latitude for action, it is subject to government
oversight, which has increased during the past 2 years.
Despite provisions in the 1979 Constitution and Nigeria's
ratification of 28 International Labor Organization (ILO)
conventions, government decrees and policy continue to
restrict labor freedoms. A 1978 decree established a single
central labor body, the Nigeria Labour Congress (NLC) , created
42 industrial unions through forced mergers and deregistered
all other unions. Since then the Government has publicly
announced its intention to merge the present 42 unions into
19. The Government has not acted upon an ILO Committee of
Experts' finding, first enunciated in 1979 and subsequently
repeated, that this 1978 decree violates ILO Convention 87 on
Freedom of Association and Protection of the Right to
Organize, to which Nigeria is a party. Nor has the Government
accepted the Committee of Experts' recommendation that the
decree be amended.
In December 1988, elections were held for NLC national and
state councils to replace the councils which had been
dissolved by the Government earlier in the year. The
Government permitted only a single slate of candidates
acceptable to the Government, comprised of members of the two
major NLC factions, to run in the national council election.
The other candidates who attempted to run were disqualified.
The right to strike is recognized by law, except in the case
of essential services as defined by the Government. Work
stoppages, strikes, and protests during 1989 were relatively
few and focused primarily upon pay issues. In February
railway workers went on strike, for the second time in 3
months, to collect back wages and allowances owed them; the
strike ended when the railway authorities paid the arrears.
At about the same time eight civil service unions threatened
mass rallies to support their demand for restoration of fringe
benefits which had been canceled or reduced by the 1989
budget. The Government responded by making funds available to
restore the benefits.
Since 1975, government policy has permitted international
labor affiliation only with the Organization of African Trade
Union Unity and affiliated Pan-African labor federations.
Government policy does permit, however, informal "fraternal
relations" with foreign unions and international trade
secretariats as long as there is no formal affiliation.
Eleven senior employees of the National Electric Power
Authority remain in prison, their life sentences reduced to 10
years, for conspiracy in connection with the October 1988
disruption of the national electrical power grid. For a
number of years the ILO Committee of Experts has urged the
Government to amend its legislation to cover various
categories of workers excluded from protection against acts of
antiunion discrimination.
Labor unions did not participate in the May 1989 protests and
riots against the Government's Structural Adjustment Program.
b. The Right to Organize and Bargain Collectively
The labor laws of Nigeria permit both the right to organize
and the right to bargain collectively between management and
trade unions. Collective bargaining is, in fact, common in
many sectors of the economy. Nigerian law further protects
workers against retaliation by employers for labor activity
through an independent arm of the judiciary, the Nigerian
Industrial Court.
The FMG, however, retains broad authority over labor matters.
In many areas of contention, the unions often take their
demands directly to FMG authorities rather than to the
employers. At the same time, the FMG can intervene forcefully
to end debate on issues which its feels contravene the
Government's essential political or economic programs. (The
dispersal of the labor-organized conference on alternatives to
the SAP, which led to the arrest of Gani Fawehinmi--Section
l.d., is a case in point.) Moreover, decisions which have a
major impact on labor are often taken unilaterally. NLC
President Bafyau complained, for example, that his
organization was excluded from the formulation of the 1989
budget, which, in effect, mandated continued austerity for
most workers and included a variety of cost cutting measures
of concern to the unions.
There are no export processing zones in Nigeria.
c. Prohibition of Forced or Compulsory Labor
Nigeria's 1979 Constitution prohibits forced or compulsory
labor, and this prohibition is generally observed. The
Government does operate a National Youth Service Corps under
which all youths or young adults who have completed college or
university training and are under the age of 30 must complete
1 year of work in jobs ranging from agriculture to office work
and teaching. The Government also has an environmental
clean-up campaign in which all citizens are required to spend
the morning of the final Saturday of each month tidying their
house, yard, and neighborhood and to refrain from moving about
during this period. Both programs enjoy widespread public
support.
The ILO Committee of Experts has noted that various provisions
of the Labor Decree of 1974, the Merchant Shipping Act, and
the Trade Disputes Decree of 1976 impose sanctions that
obligate work for breaches of labor discipline or for taking
part in a strike. The Committee has urged the Government to
adopt the necessary measures to bring these laws into
compliance with ILO Convention 105 on Forced Labor to which
Nigeria is a party.
d. Minimum Age of Employment of Children
Nigeria's 1974 Labor Decree prohibits employment of children
under 15 years of age in commerce and industry and restricts
other child labor to home-based agricultural or domestic
work. The Labor Decree does allow the apprenticeship of
youths aged 13 to 15, but only under specific conditions.
Apprenticeship exists in a wide range of crafts, trades and
state enterprises. With respect to apprentices over the age
of 15, their activity is not specifically regulated by the
Government. These laws are enforced only sporadically,
particularly in the rural areas where most Nigerians live.
e. Acceptable Conditions of Work
Nigeria's 1974 Labor Decree also established a 40-hour
workweek, prescribed 2 to 4 weeks of annual leave, and set a
minimum wage for commerce and industry of about $17 per month
at the current official rate of exchange but at the time of
enactment worth nearly $200 per month. This wage is now
sufficient only for the most minimal standard of living in the
cities, and the Nigeria Labour Congress has called on the
Government to increase it. The 1974 Decree contains general
health and safety provisions, some aimed specifically at young
and female workers, enforceable by the Ministry of Employment,
Labour, and Productivity. Employers must compensate injured
workers and dependent survivors of those killed in industrial
accidents. The ineffectiveness of the Ministry in enforcing
these laws in the workplace is regularly criticized by labor
unions
