Document #1175138
IRB – Immigration and Refugee Board of Canada (Author)
General Human Rights Situation
A variety of observers have stated that the
general human rights situation in Nigeria has improved since the
death of General Sani Abacha, although several have cautioned that
much remains to be done.
On 16 March 1999 the United Nations human
rights rapporteur, Soli Sorabjee, released a report that noted
"that the general human rights situation had improved under
Nigeria's military ruler, General Abdulsamai Abubakar" that he had
released "hundreds of political prisoners," and that the rapporteur
had been assured that Nigeria no longer had any political prisoners
in detention (AFP 16 Mar. 1999). In April, the United Nations
Commission on Human Rights ended the mandate of the special
rapporteur, despite a "vigorous lobby" by Media Rights Agenda
(MRA), an independent NGO promoting freedom of expression in
Nigeria, and Article 19 (the International Centre Against
Censorship) to extend the mandate (MRA May 1999a).
The Secretary of Justice Development and
Peace Commission of the Catholic Secretariat of Nigeria, a "human
rights priest," in calling for the rehabilitation of Nigerian
prisons told his parishioners "that the government still has a lot
to do in the area of arresting human rights abuses by the agents of
[the] military junta" (Post Express 29 Mar. 1999).
In May, Post Express described
Abubakar's signing of Nigeria's new constitution as "a step further
to demonstrate the sincerity of [his] administration about
returning the country to civil rule" (7 May 1999). At the same
time, the report acknowledged that reactions to the document could
be applause or rejection (ibid.). Later reports from several
sources contained criticisms of the adopted constitution and calls
for its amendment or replacement (Nigeria News Network 5 July
1999a; ibid. 21 July 1999; Post Express 24 May 1999; ibid.
17 July 1999; ibid. 25 July 1999a).
Upon the election of Olusegun Obasanjo as
President, the Commonwealth lifted sanctions and welcomed Nigeria
back as a full member (Post Express 1 June 1999). The
Commonwealth Secretary General stated "Nigeria is not only back
fully in the Commonwealth, Nigeria's standing internationally at
the United Nations, the Organisation of African Unity and all other
international organisations has been fully restored" (ibid.).
Shortly after his election, Obasanjo set up
four panels "in his bid to redress the wrongs of the past," one of
which is a Panel on Human Rights Abuses (Post Express 25
July 1999b). Various reactions to this panel were reported.
Post Express reported that the Civil Rights Congress, a
"Kaduna-based human rights organisation," and the Human Rights
Monitor had commended the President for having set up the panel,
while criticizing its mandate and members (9 June 1999). Post
Express reported similar criticisms from such different
sources as former Abacha minister Alhaji Wada Nas (21 June 1999)
and prominent activist lawyer Chief Gani Fawehinmi [who is also
leader of the Joint Action Committee of Nigeria (JACON)] (1 July
1999).
In an evaluation of Obasanjo's first few
days in office as President, Africa Confidential
stated:
The style of Obasanjo's return to power has impressed all but the most sceptical, whether Nigerians or outsiders. By attacking the corruption of his predecessor governments in front of foreign guests and by promising to introduce comprehensive anti-graft legislation within a fortnight, Obasanjo showed surprising muscle. Yet it remains unclear quite how he will be able to distance himself from some of the corrupt elements in his party machine which helped to bring him to power (11 June 1999).
On 4 August 1999, the American Deputy
Assistant Secretary of State for African Affairs told the House of
Representatives International Relations Subcommittee on Africa
that:
The United States is encouraged by President Obasanjo's first moves as Head of State. He has taken a prominent leadership role in the region, begun work to address corruption and past human rights abuses, to strengthen and consolidate civilian control of the military, and personally has urged the reconciliation of disparate elements of society (U.S. Department of State 4 Aug. 1999)
On the subject of building "viable
democratic institutions and respect for human rights," she
observed:
In this regard, Nigerian leaders must also continue their efforts to establish functioning democratic institutions and to respect human rights. Over the past year, Nigeria has established an independent electoral commission, permitted the formation of political parties, halted government interference with labor unions, and bolstered the judiciary by appointing new judges to the Supreme Court. Today, Nigeria has an elected civilian government at all levels: local, state, and national, and many of its institutions are modeled after those of the United States, including its National Assembly's Senate and House of Representatives. These civilian administrations are just beginning to function and to gain experience and confidence. Members already exhibit a serious commitment to establishing their constitutional roles. The House of Representatives, for example, successfully addressed its first serious crisis last month when the Speaker resigned because of allegations that he had falsified his credentials while running for office. The House quickly followed constitutional procedures and elected a successor. President Obasanjo, for his part, is respecting the independence of the legislative, judicial and executive branches.
Nigeria also has made real progress in improving its human rights record by releasing political prisoners last year, including those accused of plotting against the Abacha regime. Although problems remain -including the continued existence of Decree Two, which permits indefinite detention without trial - Nigeria's new leaders have vastly improved citizens' treatment, a far cry from the past dictatorship days of vile and often violent oppression. In a very positive step, President Obasanjo has named a committee headed by a former Supreme Court judge to examine the human rights violations that took place during successive regimes since 1983. We hope Nigeria's leaders will continue this vital dialogue, including with elements of civil society and the opposition, in their efforts to reconcile the nation and establish the mechanisms essential for democratic consolidation (ibid.).
Also in early August, Nigeria's Power and
Steel Minister commented that "what Nigeria has now is a civilian
regime which is not the same as a democratic government" (Nigeria
News Network 2 Aug. 1999). He asked Nigerians "to be more vigilant
and insist on fostering of democratic ideals on the nation's
polity" and said that "there are some people who may want to derail
the march to democracy. Don't say because Obasanjo is doing well
and go to sleep, there are still some unpatriotic and mischievous
people who may want to put us back to the dark era" (ibid.).
Release of Prisoners and Detainees
There are reports of both the releases of
political prisoners, including many of those detained by the Abacha
regime, as well as recent arrests.
Africa Research Bulletin reported
that Ibrahim El-Zak-Zaky (see NGA30709.E of 2 Dec. 1998) was
released on 18 December 1998 after more than two years in detention
and stated that "he was one of the last civilian political
prisoners remaining in custody" (Dec. 1998, 13373). However, on 25
March 1999, the Committee for the Defence of Human Rights (CDHR)
took issue with the Nigeria Attorney General's claim that no person
remained in detention under Decree 2 (detention of persons)
(Post Express 25 Mar. 1999; AI 31 Mar. 1999). The CDHR
provided a list of 46 persons it said were still in detention,
including 10 coup convicts and 27 bank chiefs (ibid.).
With respect to the detention of the bank
chiefs, Post Express reported on 4 June 1999 that a
"presidential directive" had been issued suspending the activities
of the military tribunals investigating failed banks. The tribunals
had been set up by Abacha through the Banks Decree No. 18 of 1994
(ibid.). As a consequence of the directive, those in detention
"would be admitted to bail in liberal terms" and the cases would be
transferred to the regular courts (ibid.).
On 10 June 1999, the decrees establishing
the Failed Banks Tribunal, and a number of other tribunals, were
repealed and the tribunal dissolved (NTA TV 10 June 1999; Post
Express 11 June 1999) On 9 July 1999, Nigeria News Network
reported that "22 of the 27 bank chiefs were ... granted bail by
the Court of Appeal."
On 31 March 1999 Amnesty International
released a report which stated that "on 4 and 23 March 1999 the
Nigerian military government announced the release of most of its
remaining political prisoners." However, it stated that there were
at least three persons still under detention at that time:
Lieutenant-Colonel Ibrahim Yakassai originally detained in relation
to the alleged December 1997 coup plot (see NGA32311.E of 19 July
1999), as well as retired Trooper Innocent Ofem Anang and retired
Lance Corporal Lucky Iviero who were originally arrested in
relation to an alleged 1990 coup attempt (ibid.). For a list of the
names of those persons released please consult the Amnesty
International Report, Nigeria: Releases of Political
Prisoners, available in Regional Documentation Centres.
NGA31455.E of 22 March 1999 reported a
claim by a NADECO official that Dr. Frederick Fasehun had been
arrested shortly after the presidential election in February.
However, on 19 May 1999 Post Express identified him as
being present, and speaking, at a Lagos pro-democracy rally.
Situation of the Press
Just prior to the February 1999 elections,
The Irish Times stated that Nigeria was
Still widely considered the world's worst violator of press freedom behind nations such as Afghanistan, Iran, Iraq, Burma and Indonesia.
Although this ignominious record owes much to the previous oppressive military regime of Gen Sani Abacha, who died last June, reported incidents under the current military government continue to worry international agencies.
There have already been two raids on Nigerian publications this month. But the worst incident of intimidation in recent weeks has been the arrest of Lanre Arogundade, chairman of the Lagos State Council of the Nigeria Union of Journalists. Mr Lanre, who was arrested at his home earlier this month and was subsequently released, has been instrumental in demanding the release of journalists still in prison and refusing to accept the past and present military regimes have the right to control independent media (18 Feb. 1999).
The Committee to Protect Journalists (CPJ)
released a report on 25 February 1999 which stated that Abubakar
"has failed to take steps to ensure that the repressive laws used
to criminalize independent media are repealed." According to the
report:
During the run-up to the Feb. 27 elections, journalists have once again become targets of the government, said Kerina [CPJ spokesperson]. Earlier this month, police raided the printing plant that produces The News, seizing 80,000 copies of the magazine and arresting three people. The confiscated edition carried an article titled "Abacha's Co-Looters, Aluko Reveals All."
"While Abubakar has made some improvements in the climate for journalists, we are deeply concerned that violations of press freedom continue during this sensitive period of transition to representative democracy in Nigeria," said Kerina. "We have not seen the new regime act to remove the legal weapons that still intimidate Nigerian journalists in their daily work."
Kerina called upon Abubakar to repeal "all decrees and laws that have been used to punish scores of journalists," including the State Security (Detention of Persons) Decree No. 2 of 1984, which authorizes indefinite, incommunicado detention of any citizen; the Offensive Publications (Proscription) Decree No. 35 of 1993, which allows the state to seize any publication that offends the government; and the Treason and Treasonable Offenses Decree No. 29 of 1993, which granted a special military court authority to impose life sentences on journalists accused of reporting an alleged plot against the Abacha regime (IFEX).
There have been more recent criticisms from
the media in respect to the government's treatment of it. MRA
issued a press release stating that it has filed suit asking the
Federal High Court in Lagos to "declare the Nigerian Press Council
(Amendment) Decree No. 60 of 1999 unconstitutional, null and void
and restrain the Federal Government from implementing it" (n.d.).
According to the MRA, the decree was "promulgated by the military
government of General Abdulsalami Abubakar on May 26, 1999" and
contained provisions for the registration of media sources, as well
as "a range of penal and pecuniary sanctions which are designed to
undermine the independence of the news media" (ibid.).
The May 1999 issue of Media Rights
Monitor, the newsletter of Media Rights Agenda (MRA), carries
a number of reports of the arrest, and assault by soldiers, of
various Nigerian journalists in April 1999 (May 1999b). Reports of
the arrest of both journalists and trade unionists are carried in a
June 1999 publication by Article 19, A Mountain Still to
Climb, available in Regional Documentation Centres.
However, in commenting on the resignation
of the Speaker of Nigeria's House of Representatives, following
allegations of wrongdoing published by The News, the
editor of Nigeria News Network commented that the incident may have
demonstrated that government officials are subject to the rule of
law in Nigeria (23 July 1999).
In August, Nigeria News Network reported
that the Media Rights Agenda (MRA) was suing the government
over
the alleged assault and unlawful arrest of the Deputy News Editor, The Punch, Mr. Wale Adeoye and Ganiat, wife of a Lagos-based journalist, Mr. Wale Adedayo. ... Adeoye, who is also chairman of the Journalists for Democratic Rights (JODER), claimed he was detained overnight on June 25 at Ogudu Police Station after being "severely beaten by policemen and members of the Rapid Response Squad (RRS)" (11 Aug. 1999a).
Reforms to the Military
There have been a number of reports of
Obasanjo's attention to changing Nigeria's military. Shortly after
his election, Africa Confidential stated that he "wants to
reprofessionalise the forces, put them firmly under constitutional
control and with effective new training and welfare programmes" (5
Mar. 1999, 1). The report goes on to say that "how far the military
will be purged and probed will ... be hammered out between
Obasanjo, his retired general friends and his civilian advisors.
Many expect him to employ a surgical strike rather than a
gradualist approach" (ibid., 2).
Jane's Defence Weekly reported on
7 April 1999 that
Nigerian military leaders attended a two-day workshop last week aimed at re-orienting the armed forces and police to their constitutional role within democracy. ... All three service chiefs; general officers commanding; flag officers commanding; air officers commanding; members of the provisional ruling council and police commissioners attended the workshop in Abuja. It is the latest in a series of programmes drawn up by the armed forces to ensure a peaceful transfer of power.
In June 1999 President Obasanjo "retired" a
large number of military officers who had previously held
"political" appointments (New African July/Aug. 1999, 25;
Post Express 13 June 1999). By 13 June 1999 the number of
officers released, in what was described as a "purge," was 145,
with speculation that more would follow (ibid.). Tempo
described the move as "unprecedented" and that "the retirement of
53 extremely wealthy political officers from the army was
particularly testy. The exercise occasioned rumbles in the barracks
and a coup scare at the seat of power in Abuja" (7 July 1999).
President Obasanjo appointed Lt-General
Theophilus Danjuma as his Defence Minister (Nigeria News Network 5
July 1999b). Africa Confidential described him as a "power
behind Obasanjo's throne" and noted that he was "an increasingly
acerbic critic of military rule" and that he had actively protested
the annulment of Abiola's apparent election victory in 1993 (11
June 1999). He is also described by AFP as "well respected in the
military and... key to the president's plan to reform the military"
(20 Aug. 1999). In August 1999 he announced government plans to
decrease the size of the armed forces from 80,000 members to 50,000
(ibid.; Nigeria News Network 20 Aug. 1999).
Reforms to the Police
In a May report on the new constitution
Post Express noted that both the armed forces and the
police would remain under presidential control and stated that "the
retention of the police force under the federal exclusive list is
expected to face serious challenge [since] in the past republic,
the police had been deployed to settle political scores by the
federal authority" (7 May 1999).
In a 3 May 1999 Post Express
article concerning the government's refusal at the time to follow a
court order to release those bankers detained under Decree 18, the
Vice-Chairman of the Nigerian Bar Association "frowned at the
Nigeria Police Forces' (NFA) attitudes towards suspects detained in
the police custody, he added that police allegedly torture on
suspect, apparently, to force out the facts from them was 'wrongful
and abuse of one's rights'."
There have also been several other media
reports concerning Nigeria's police. Nigeria News Network reported
on 14 July 1999 that police authorities were planning to increase
the force's size by 10,000 members. On 16 July 1999, the same
source reported that the Police Affairs Minister had "promised to
give Nigerians a people-oriented police force" (ibid.). The
Minister was reported to have said that officers would be trained
to be "more effective and friendly to those it served" (ibid). Also
reported was a government decision to take down road blocks in
Nigeria and that the Minister agreed with this and said it "would
never be revisited" (ibid.). In August, the Inspector-General of
Police was reported as "stress[ing] the need for discipline,
honesty and accountability by the officers and men of the police"
at a biannual week-long police officer educational conference
(ibid. 11 Aug. 1999b).
On 13 August 1999, Nigeria News Network
reported that 60 police chiefs from all 36 state commands of the
Criminal Intelligence Bureaux (CIB) - "the secretive arm of the
Police Force directly controlled by the Inspector-General of
Police" - had begun a "refresher course" that included "an
assortment of intelligence work and cloak-and-dagger operations
against organised crime and restive ethnic communities." Following
the course for police chiefs, another will be held for those who
are next in command (ibid.).
On 3 September 1999, Nigeria News Network
reported that President Obasanjo had sent to the National Assembly
a bill that would create a Police Service Commission in line with
the provisions of the constitution. According to the Presidential
Liaison Officer, "The commission ... will have the responsibility
of appointing and assigning police officers except the
Inspector-General (IG). The body will discipline erring police
officers. [He] expressed the hope that the bill will be given
prompt consideration as soon as the Senate returns from its planned
recess" (ibid.).
For information on violence in the Delta
region, please see the HRW publication Nigeria: Crackdown in
the Delta Region, which is available in Regional Documentation
Centres (May 1999). Please also refer to NGA32638.E of 20 August
1999 for information on the return to Nigeria of opponents of the
former military regime.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
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