COMMUNIQUE ISSUED BY THE GOVERNING COUNCIL OF THE NATIONAL HUMAN RIGHTS COMMISSION AT THE END OF ITS 4th STATUTORY MEETING THIS YEAR HELD AT COUNCIL CHAMBERS OF THE NATIONAL HUMAN RIGHTS COMMISSION BETWEEN 11- 12 DECEMBER, 2014 The Governing Council of the National Human Rights Commission held its 4th (2014) Statutory meeting at the Council Chambers of the National Human Rights Commission in Abuja on 11-12 December. Council deliberated extensively on the issues on its agenda and decided as follows: 1. SECURITY SITUATION IN NORTH-EAST AND ITS IMPACT ON HUMAN RIGHTS IN NIGERIA i. Council is concerned about the escalation of insurgency in North- East Nigeria, including, the rise in adverse claims extremist claims on Nigeria’s sovereign territory, rise in forced displacement of communities, disappearance and abductions of innocent civilians and attacks on places of worship, markets and schools, amongst others. In particular, Council expresses shock at attacks targeting children in basic education institutions with improvised explosive devices and suicide operations. Council renews its condemnation of these atrocities and its belief that: (a) these atrocities constitute international crimes for which there ought to be appropriate accountability; (b) the insurgency in Nigeria is a threat to regional peace and security; and (c) Nigeria needs united leadership and the support of its international partners in order to defeat this insurgency. ii. Council equally renews its recognition of and appreciation for the sacrifices of the personnel of the security services in combating the insurgency, particularly those officers and men who have paid the supreme sacrifice or who have been incapacitated or injured in operations in combating the insurgency. iii. Council also welcomes the establishment by the Government of the Federation of the Victims Support Fund and calls on the private sector, communities, civic groups, including the Diaspora, and Nigeria’s international partners to take full stake in and support the work of the Fund. Council further recommends that the scope of the Fund’s work should extend to regular liaison and dialogue with communities affected by conflict-related displacement in order to ensure that all interventions supported by the Fund reach and are accountable to the most affected persons. iv. Council calls on the security services with the support of Nigeria’s international partners to step up efforts to free all persons kidnapped by the insurgents including the 219 girls abducted by the insurgents from the Government Girls Secondary School (GGSS), Chibok as well as some personnel of the Nigeria Police Force (NPF) reportedly abducted by the insurgents from the training school in Gwoza, Borno State. v. Council recognises that a durable solution to the insurgency and its human consequences will not be resolved by military solutions alone and urges the federal government to continue to constructively explore ways in which it can implement complementary measures recommended by previous Presidential Committees on the situation in north-east Nigeria including the Galtimari Committee Report (2011) and the Turaki Committee Report (2013). 2. PREPARATIONS FOR 2015 GENERAL ELECTIONS i. Council received briefings from the Independent National Electoral Commission on the preparations for the 2015 General Elections. Both parties agreed on the need to ensure smooth and safe conduct of credible, free and fair elections in all parts of Nigeria in 2015. Towards this end, both institutions agree to sustain further meetings, mutual support and collaboration with one another and with stakeholders interested in the success of the 2015 General Elections in Nigeria. ii. Council observed that the rising level of internal displacement in the country, is putting at risk exercise of right to political participation by millions of displaced persons across the country. Council therefore resolved to prioritise this issue in its consultations and collaboration with INEC towards the 2015 General Elections. iii. For the avoidance of doubt, Council reiterates that under the Constitution and international treaties binding on Nigeria, including the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, which was ratified by Nigeria in 2012, IDPs who are Nigerian citizens have full rights of participation in political affairs of the country, including the right to vote and be voted for. Council recognises that the exercise of this right requires adequate administrative and bureaucratic safeguards to ensure non-discriminatory application of the relevant principles to all persons and communities affected by internal displacement in Nigeria. Council, therefore, appeals to all relevant institutions, including INEC, National Commission for Refugees, National Emergency Management Agency (NEMA), and the United Nations High Commissioner for Refugees, to work together in ensuring that Nigeria’s IDPs are not disenfranchised during the 2015 elections. iv. Council took note of the conduct and completion of the primaries by the different political parties preparatory to the 2015 general elections. Council viewed this development as evidence of strengthening of democratic process in Nigeria. Council enjoins all relevant state institutions and political actors to ensure respect for the right of all eligible persons to participate in equal and safe exercise of right to vote and be voted for. v. Council is particularly concerned about evidence of hate speech in political rallies and social media in the run in to the 2015 elections. Council notes that the right to freedom of expression does not protect hate speech. In particular, Council calls attention to the provisions of Sections 95 of the Electoral Act which specifically prohibit in political campaigns “language directly or indirectly likely to injure religious, ethnic, tribal or sectional feelings” or which is “abusive, intemperate, slanderous, or base” or contains “insinuations designed or likely to provoke violent reaction or emotions”. Council also notes Section 96 of the Electoral Act prohibits the use or threat of violence in political campaigns. Council therefore resolves to: (a) Appeal to all political parties to eschew hate speech and threats of violence from campaigns; (b) Appeal to the media, including, in particular, social media platforms and their users and proprietors, to take appropriate measures to preclude their platforms from being used to transmit or distribute hate speech; (c) Require the Commission to intensively monitor political campaigns for compliance with the prohibitions of hate speech in under Nigerian law; (d) Invoke and deploy all appropriate measures of censure and accountability where there is non-compliance with these measures; (e) Request the Executive Secretariat to summon a meeting with the Chairmen and leaders of all political parties in order to bring this to their attention and ensure effective compliance; and (f) Establish an Election 2015 Team which shall include all organs of the Commission and all members of the Governing Council. 3. PROTECTING THE RIGHTS OF USERS OF THE JUDICIAL AND LEGAL PROCESS Council received and considered reports concerning several recent developments affecting the integrity and effectiveness of the legal system, including: (a) Attacks on Prisons i. Council received and deliberated upon reports of serial attacks and jail breaks in some prisons across Nigeria including Kotonkarfe (Kogi State), Ado-Ekiti (Ekiti State), Kirikiri (Legal State) and Minna prisons (Niger State). ii. Council views these developments as worrisome and disruptive of the criminal justice system in the country as it also puts ting at risk lives of prisoners, detainees, prison staff and other law enforcement assets as well as host communities. iii. Council further notes that the attacks on prisons should be put within the context of the security climate in the country as there is a correlation between these attacks and the rise in insurgency in Nigeria. iv. Council therefore calls on the government and particularly relevant security agencies to work together in addressing counter-terrorism detention practices, including reports of unacknowledged detention and enforced disappearances of suspects by security services. v. To facilitate these measures, Council decides, in exercise of its powers under the National Human Rights Commission Act (as amended) to create and designate an Independent Expert on Prisons and Places of Detention in Nigeria with a mandate and terms of reference as approved by Council. (b) Attacks on Judiciary and Judicial Personnel (i) Council reiterates its condemnation on allegations of attack on judicial institutions and personnel in Ekiti State judiciary and the recent attack on judicial personnel in Ebonyi State. Council views this ugly trend as totally unacceptable in a civilised society governed by the rule of law. (ii) Council notes that the Judiciary is endowed with sufficient procedures and powers under law to deal with, apprehend as well as sanction those responsible for these heinous crimes. It therefore calls on those saddled with primary responsibilities on this matter to deploy appropriate levels of statutory resources to address this ignoble practice. (iii) Council also notes the shutdown of judicial process in Rivers state due to controversies surrounding the appointment of a substantive Chief Judge of the State. (iv) Council is concerned about the impact of this shutdown on the congestion level and disposition of cases as well as rise in the number of awaiting trial detainees in the state. (v) Council therefore offers the good offices of the National Human Rights Commission to broker dialogue among the contending parties with a view to protecting the rights of the primary users of the court services. 4. CASES AND COMPLAINTS i. Council considered 295 cases and decided and disposed of a total of 164. It further directed that 131 cases be returned to the Secretariat for further investigation and processing. ii. Council observe a growing pattern of violence against women and the increasing level of social coercion being applied on women to withdraw their complaints pending before the Commission. Council viewed this as double jeopardy as these women suffer the trauma of violence and the added trauma of denial of remedies. Council renews its call on the Nigerian Police Force and the Federal Ministry of Women Affairs and Social Development for a collaboration to establish clear protocols for addressing cases of violence against women and growing the necessary skills and instruments required to make progress in addressing it on a sustainable basis. 5. HUMAN RIGHTS DAY 2014 Council congratulates all on the occasion of this year’s Human Rights day celebration annually celebrated across the world on December 10th 2014 to commemorate the adoption of the Universal Declaration of Human Rights. Human Rights Day this year also marked the 30th anniversary of the adoption in 1984 of the Convention against Torture and other Cruel, Inhuman and Degrading Treatment Council. The theme of this year’s celebration – Human Rights 365 - emphasises the need for every person to cultivate a sense of human rights as every day event and should not be deemed an annual celebration. This will enhance general dignity among the population, enhance general awareness about rights and ensure that government is accountable to its responsibility to protect, promote and uphold human rights at all times without discrimination. DONE IN ABUJA, THIS 13 DECEMBER 2014 CHAIRMAN SECRETARY
Posted on: Mon, 15 Dec 2014 15:35:21 +0000
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