To the Nigerian Government
Human Rights Watch calls on the government of Nigeria to:
* Respect the rights of the Nigerian people freely to elect their government and to return Nigeria to civilian government, in accordance with the standards established by the International Covenant on Civil and Political Rights and the U.N. Human Rights Committee, as well as its obligations under the Harare Commonwealth Declaration.
* Immediately and unconditionally release-or release on bail, charge with legally recognizable criminal offenses and try promptly before a regular court respecting international standards of due process-all individuals who are arbitrarily detained or imprisoned (including but not limited to Chief M.K.O. Abiola, those convicted of involvement in an alleged coup of March 1995, and those Ogonis held in connection with the same facts as those for which Ken Saro-Wiwa and his co-accused were executed) and cease arbitrary detention without charge.
* Create and promote a climate for free political participation by replacing the existing National Electoral Commission with a genuinely independent electoral commission and by developing an open and fair process for the registration of political parties and screening of candidates.
* Respect the rights of Nigerians to freedom of association, assembly and expression, and in particular ensure that all political parties are free to organize, hold meetings, campaign and canvass support from voters.
* Create and promote conditions conducive to the holding of free and fair elections by facilitating an orderly voter registration exercise culminating in the publication of a final voters' register prior to elections; carrying out a program of voter education; providing adequate voting materials, ballot boxes and screened voting compartments; ensuring an open collation process, and preventing voter intimidation and bribery.
* Permit international observers to monitor the transition program and to discuss with all parties measures by which to include in the political process individuals and groups who are currently excluded, including Chief M.K.O. Abiola, the National Democratic Coalition, other pro-democracy groups, and Nigerians in exile.
* Repeal all decrees and laws suspending the constitutional protection of fundamental human rights, allowing indefinite detention without charge, ousting the jurisdiction of the courts to consider the legality of executive acts, or criminalizing peaceful criticism of the transition program.
* Ensure that proceedings before election tribunals are fair.
* Guarantee the safety of human rights and pro-democracy activists, opposition politicians, journalists and all others who seek to change government policies by peaceful means, and bring to justice those responsible for the past harassment of such individuals.
* Guarantee media freedom and ensure that the state-controlled media grant political parties equal access and fair coverage.
* Prevent arbitrary dismissals, transfers, retirements and detention of members of state employees, including members of the armed forces, and ensure that dismissal and court-martial proceedings are conducted in accordance with international standards.
* Provide members of the armed forces with training opportunities that will enable them to enter new professions once Nigeria returns to civilian rule.
To the International Community
Human Rights Watch calls on the international community to press the Nigerian government to implement the above recommendations by maintaining existing sanctions in place and by implementing further measures, both unilaterally and through the medium of multilateral institutions. These measures should remain in place until an elected civilian government is installed in Nigeria, following a transition program that complies with the standards set out above. In particular:
Human Rights Watch calls on the Commonwealth and its Member States to:
* Expel Nigeria from the Commonwealth in accordance with the 1991 Harare Commonwealth Declaration, the 1995 Millbrook Commonwealth Action Programme, and the statement on Nigeria made by Commonwealth Heads of Government in New Zealand, November 11, 1995.
* Renew the mandate of the Commonwealth Ministerial Action Group (cmag) and instruct cmag to develop clear standards for the fulfillment by Commonwealth members of the principles of the Harare Declaration.
* Implement the sanctions recommended in the statement by cmag of April 23, 1996.
* Publish the study carried out by the Commonwealth Secretariat and presented to cmag in April 1996 on possible further sanctions which could be implemented against Nigeria.
* Implement further sanctions beyond those agreed in April 1996, including implementing a freeze of the assets of members of the Nigerian armed or security forces, the Provisional Ruling Council, Federal Executive Council and their families held in Commonwealth countries.
* Pursue the introduction of further measures against Nigeria, including an arms embargo, at the U.N. Security Council and in other international fora.
* Support the efforts of Nigerian human rights and pro-democracy groups both with technical and financial assistance and by issuing statements condemning violations of human rights.
Human Rights Watch calls on the European Union and its Member States to:
* Continue renewing existing measures against Nigeria.
* Make public statements that existing measures against Nigeria will remain in place following the termination of the current transition program, unless steps are taken to ensure that the program conforms with the standards set out above.
* Put in place reporting and monitoring mechanisms to ensure that existing measures, especially visa restrictions on members of the government and the arms embargo, are respected by the member states of the European Union.
* Impose a total ban on arms exports to Nigeria from the European Union, including exports relating to contracts entered into before the current embargo came into effect, and introduce a case-by-case review, with a presumption of denial, on all "dual use" equipment which may have both military/security and civilian purposes.
* Take steps to freeze the financial assets of members of members of the Nigerian armed and security forces, the Provisional Ruling Council and the Federal Executive Council, and their families.
* Fund and publish studies by independent experts relating to the likely effectiveness of a multilateral oil embargo or similar measures in removing the Nigerian army from government and returning Nigeria to civilian rule.
* Pursue the introduction of further measures against Nigeria, including an arms embargo, at the U.N. Security Council and in other international fora.
* Support the efforts of Nigerian human rights and pro-democracy groups both financially and by issuing statements condemning violations of human rights.
Human Rights Watch calls on:
* The U.N. Commission on Human Rights to appoint without delay a special rapporteur on Nigeria, as called for in Commission Resolution 1997/53, and to do so without reference to the preference of the Nigerian government for particular candidates. Member states of the U.N. should press for an early appointment of a strong candidate.
* The U.N. Security Council to introduce sanctions against Nigeria including a total arms embargo, visa restrictions, and a freeze on the assets in other countries of members of the Nigerian armed and security forces, the Provisional Ruling Council, and the Federal Executive Council, and their families.
Human Rights Watch calls on the Organisation of African Unity (oau) and its Member States to:
* Introduce visa restrictions and an asset freeze on members of the Nigerian armed and security forces, the Provisional Ruling Council, and the Federal Executive Council, and their families.
* Appoint a high-level team to monitor the Nigerian transition program and put pressure on the Nigerian government to allow such a team access to relevant information in Nigeria and to senior members of the military government.
* Human Rights Watch calls on the African Commission on Human and Peoples' Rights to make public a written report on its fact-finding mission to Nigeria of March 1997, which should include a detailed description of the human rights situation in Nigeria, as well as recommendations for the return of Nigeria to civilian rule under a transition program that respects the minimum standards set out above.
Human Rights Watch calls on the United States to:
* Make a public statement that existing measures against Nigeria will remain in place following the termination of the current transition program, unless steps are taken to ensure that the program conforms with the standards set out above.
* Take steps to freeze the assets in the U.S. of members of the Nigerian armed and security forces, the Provisional Ruling Council, and the Federal Executive Council, and their families.
* Pursue the introduction of further measures against Nigeria, including an arms embargo, at the U.N. Security Council and in other international fora.