By Kolawole Olaniyan
WHEN President Goodluck Jonathan
assumed office in May 2011, he identified persistent violence and crime as a
major problem confronting the country. He promised to “confront this threat
against our collective
peace and security, and bring the perpetrators to
justice.”
But recent events have shown that
the president has failed woefully to keep his promise. The terrifying abduction
of more than 200 schoolgirls by the notorious extremist group Boko Haram is yet
further evidence of the increasing level of violence and crime, as well as
unnecessary loss of lives and destruction of property.
Destruction of property
It has taken weeks of demonstrations by civil society, and now international outrage, for the government to even admit that the girls, who are feared to have been sold into slavery, are missing. Yet in a televised speech, the president pointedly failed to mention the objectives of finding the missing schoolgirls, ending the years of terror, and ensuring justice for victims.
It has taken weeks of demonstrations by civil society, and now international outrage, for the government to even admit that the girls, who are feared to have been sold into slavery, are missing. Yet in a televised speech, the president pointedly failed to mention the objectives of finding the missing schoolgirls, ending the years of terror, and ensuring justice for victims.
The simple fact of the matter is
that the government has conceded the initiative to the Islamist extremist
group; it seems completely bereft of ideas of what to do.
Amnesty International’s research indicates that at least 2,000 people have been killed in politically-motivated, communal and sectarian violence in Nigeria in 2014 alone.
Amnesty International’s research indicates that at least 2,000 people have been killed in politically-motivated, communal and sectarian violence in Nigeria in 2014 alone.
Yet
the Nigerian authorities have failed to investigate the killings, bring
suspected perpetrators to justice, or indeed prevent further attacks. To date,
few arrests have been made and few people held accountable for the deaths.
At
the same time, the government continues to illegally hold hundreds of people
suspected of participating in violence perpetrated by the Boko Haram and
is denying them access to lawyers. Most of those imprisoned around the country
are held without criminal charges, and some of them have been summarily executed
by security forces before facing trial.
In
failing to put in place credible measures to prevent abduction and killings,
and fully investigate and punish perpetrators, the Nigerian authorities have
neither respected, nor met their obligations to exercise due diligence to
protect human rights.
Clearly,
mere promises are not enough. The government must match its words with serious
and concrete action.
In fact, the inadequacy of the government’s approach to security is evident at several stages: shortcomings in the prevention of violence, lack of adequate victim support and access to remedies, and a serious dearth of resources and political will to investigate incidents of violence.
In fact, the inadequacy of the government’s approach to security is evident at several stages: shortcomings in the prevention of violence, lack of adequate victim support and access to remedies, and a serious dearth of resources and political will to investigate incidents of violence.
Equally
disturbingly, corruption seems to be present and potentially widespread in law
enforcement and security services, eroding the citizenry’s trust in the rule of
law, and contributing to a sense of lawlessness that encourages violence and
abuse.
To
be sure, violence and crime are longstanding problems in Nigeria; they predate
this administration. However, it is the primary duty of any government to
guarantee the security of the population, and the absence of concrete measures
by this government has contributed to the continuation of violence.
The
government’s persistent failure on internal security is also a serious breach
of the government’s human rights obligations and commitments, including under
the Nigerian Constitution and the African Charter on Human and Peoples’ Rights,
to which Nigeria is a state party. Nigeria has made the African Charter part of
its domestic laws, which, in theory, should facilitate the charter’s
enforcement.
Both
the Nigerian Constitution and the African Charter on Human and Peoples’ Rights
guarantee the right to life, physical integrity, and liberty, as well as rights
related to due process. As a corollary, the government is required to ensure
the effective function ing and operation of governmental apparatus and, in
general, all the structures through which public power is exercised, so that it
is capable of ensuring the free and full enjoyment of all human rights for all.
Okrika explosion: Amnesty Office dismisses MEND’s claim
By Soni Daniel
Abuja— The Presidential Amnesty Office has described as untrue the claim by the Movement for the Emancipation of the Niger Delta (MEND) that it is responsible for the oil pipeline explosion that occurred in Okrika in Rivers State on Sunday.
The Amnesty Office, in a release in Abuja by its Head of Media and Communications, Mr. Dan Alabrah, said the shadowy group’s claim is an abominable attempt by a band of vandals and criminals to take credit for an unfortunate incident that claimed lives.
It noted that it would not have dignified the group with a response after the Nigerian National Petroleum Corporation (NNPC) had cleared the air on the incident but for MEND’s reference to the Presidential Amnesty Programme as “a fraud.”
According to the statement, “we suspect that those behind the group are being used once again by agents of destabilization, who do not mean well for the Niger Delta and Nigeria as a country.
“It is a truism that the relative peace enjoyed in the Niger Delta is the result of the diligent implementation of the amnesty programme coupled with the highly commendable efforts of the security agencies, which has ensured the stabilization of security and peace in the region.
“At the time MEND made the claim on Monday, 160 Niger Delta youths were being presented to the media in Lagos prior to their departure to the United States of America and the United Kingdom for university education.
“The successful delegates had undergone a one‑year training programme in Nigeria in partnership with the reputable Kaplan International Colleges of the United States Pathway Programme (USPP). Is that the programme that is a fraud?”
Abuja— The Presidential Amnesty Office has described as untrue the claim by the Movement for the Emancipation of the Niger Delta (MEND) that it is responsible for the oil pipeline explosion that occurred in Okrika in Rivers State on Sunday.
The Amnesty Office, in a release in Abuja by its Head of Media and Communications, Mr. Dan Alabrah, said the shadowy group’s claim is an abominable attempt by a band of vandals and criminals to take credit for an unfortunate incident that claimed lives.
It noted that it would not have dignified the group with a response after the Nigerian National Petroleum Corporation (NNPC) had cleared the air on the incident but for MEND’s reference to the Presidential Amnesty Programme as “a fraud.”
According to the statement, “we suspect that those behind the group are being used once again by agents of destabilization, who do not mean well for the Niger Delta and Nigeria as a country.
“It is a truism that the relative peace enjoyed in the Niger Delta is the result of the diligent implementation of the amnesty programme coupled with the highly commendable efforts of the security agencies, which has ensured the stabilization of security and peace in the region.
“At the time MEND made the claim on Monday, 160 Niger Delta youths were being presented to the media in Lagos prior to their departure to the United States of America and the United Kingdom for university education.
“The successful delegates had undergone a one‑year training programme in Nigeria in partnership with the reputable Kaplan International Colleges of the United States Pathway Programme (USPP). Is that the programme that is a fraud?”
These
Charter-based obligations must be performed in good faith, in keeping with
Articles 26, 27 and 31 of the Vienna Convention on the Law of Treaties.
As noted, of particular importance to Nigeria’s current state of insecurity are
the rights to security and life.
On
the right to security of the person, the African Commission on Human and
Peoples’ Rights, the body charged with the responsibility to oversee states
parties’ compliance with the African Charter has interpreted this right to
include “the right to national and individual security.”
According
to the Commission, “national security examines how the State protects the
physical integrity of its citizens from external threats, such as invasion,
terrorism, and violence. Individual security on the other hand can be looked at
in two angles – public and private security.
By
public security, the law examines how the State protects the physical integrity
of its citizens from abuse by official authorities, and by private security,
the law examines how the State protects the physical integrity of its citizens
from abuse by other citizens (third parties or non-state actors).”
Regarding
the right to life, this right is central both to the Constitution and the
African Charter. It is a right that cannot be suspended even in case of war,
public danger or other threats to the independence or security of the States
Parties.
As
with other human rights, it is not sufficient for the government to abstain
from infringing this right directly: the government must also adopt specific
measures to actively protect and fulfil the right to life for everyone,
regardless of their specific vulnerability or situation. A key part of
the government obligation is to ensure that no one is deprived of his or her
life arbitrarily.
Most
worryingly, things may get worse before they get better.
Time is running out and the government needs to do something fast to ensure the safe return of the schoolgirls. As Salil Shetty, Amnesty International’s Secretary-General, has aptly stated, “It is imperative that Nigeria acts swiftly and firmly to secure their safe return – with international support if needed – but the process must also demonstrate a commitment to human dignity, human rights, transparency and accountability.”
Time is running out and the government needs to do something fast to ensure the safe return of the schoolgirls. As Salil Shetty, Amnesty International’s Secretary-General, has aptly stated, “It is imperative that Nigeria acts swiftly and firmly to secure their safe return – with international support if needed – but the process must also demonstrate a commitment to human dignity, human rights, transparency and accountability.”
Looking
forward, one way the government can also comply with its positive obligations
in the area of citizens’ security and safety would be for it to monitor,
evaluate, and improve the effectiveness of its law enforcement and security
agencies. This will be an important step for the President to start discharging
his election promises.
Further,
the government must truly make security and safety of those who live in Nigeria
a public policy priority by tackling the root cause of violence and crime,
which is extreme poverty and lack of opportunities, and creating greater
freedom for people to seek personal development and prosperity.
Victims
of violence and crimes must have effective access to legal and health services,
and should have access to an effective remedy. The government should also
ensure that law enforcement and security agencies have the personnel and
infrastructure to provide quality services without discrimination or
distinction.
In
implementing these steps, the government must also uphold the rule of law and
respect for human rights in its law enforcement response to violence and crime
in the country. Preventing and combating violence and crime must not put
security before human rights, which can lead to erosion of basic human rights
and fundamental freedoms of the citizens.
Absent
a serious political investment in public security with respect for all human
rights, the government cannot secure effective protection of the right to life,
liberty and security of the person. Indeed, true security requires full
protection of all human rights for all.
It
is time for the government to wake up and smell the coffee. If Nigeria is to
foster peace, it must turn towards justice and respect for human rights.
•Olaniyan,
Ph.D, is Legal Adviser at Amnesty International in London and the author of
‘Corruption and Human Rights Law in Africa.’
Okrika explosion: Amnesty Office dismisses MEND’s claim
By Soni Daniel
Abuja— The Presidential Amnesty Office has described as untrue the claim by the Movement for the Emancipation of the Niger Delta (MEND) that it is responsible for the oil pipeline explosion that occurred in Okrika in Rivers State on Sunday.
The Amnesty Office, in a release in Abuja by its Head of Media and Communications, Mr. Dan Alabrah, said the shadowy group’s claim is an abominable attempt by a band of vandals and criminals to take credit for an unfortunate incident that claimed lives.
It noted that it would not have dignified the group with a response after the Nigerian National Petroleum Corporation (NNPC) had cleared the air on the incident but for MEND’s reference to the Presidential Amnesty Programme as “a fraud.”
According to the statement, “we suspect that those behind the group are being used once again by agents of destabilization, who do not mean well for the Niger Delta and Nigeria as a country.
“It is a truism that the relative peace enjoyed in the Niger Delta is the result of the diligent implementation of the amnesty programme coupled with the highly commendable efforts of the security agencies, which has ensured the stabilization of security and peace in the region.
“At the time MEND made the claim on Monday, 160 Niger Delta youths were being presented to the media in Lagos prior to their departure to the United States of America and the United Kingdom for university education.
“The successful delegates had undergone a one‑year training programme in Nigeria in partnership with the reputable Kaplan International Colleges of the United States Pathway Programme (USPP). Is that the programme that is a fraud?”
Abuja— The Presidential Amnesty Office has described as untrue the claim by the Movement for the Emancipation of the Niger Delta (MEND) that it is responsible for the oil pipeline explosion that occurred in Okrika in Rivers State on Sunday.
The Amnesty Office, in a release in Abuja by its Head of Media and Communications, Mr. Dan Alabrah, said the shadowy group’s claim is an abominable attempt by a band of vandals and criminals to take credit for an unfortunate incident that claimed lives.
It noted that it would not have dignified the group with a response after the Nigerian National Petroleum Corporation (NNPC) had cleared the air on the incident but for MEND’s reference to the Presidential Amnesty Programme as “a fraud.”
According to the statement, “we suspect that those behind the group are being used once again by agents of destabilization, who do not mean well for the Niger Delta and Nigeria as a country.
“It is a truism that the relative peace enjoyed in the Niger Delta is the result of the diligent implementation of the amnesty programme coupled with the highly commendable efforts of the security agencies, which has ensured the stabilization of security and peace in the region.
“At the time MEND made the claim on Monday, 160 Niger Delta youths were being presented to the media in Lagos prior to their departure to the United States of America and the United Kingdom for university education.
“The successful delegates had undergone a one‑year training programme in Nigeria in partnership with the reputable Kaplan International Colleges of the United States Pathway Programme (USPP). Is that the programme that is a fraud?”
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