HUMAN RIGHTS WATCH Publications “PERMANENT TRANSITION” Current Violations of Human Rights in Nigeria Vol. 8, No. 3 (A), September 1996 SUMMARY   |   RECOMMENDATIONS   |   TABLE OF CONTENTS   SUMMARY Despite its stated commitment to return Nigeria to elected civilian rule by October 1, 1998, the military government continues to violate the rights of Nigerians to free political activity, including freedom of expression, assembly and association, freedom of movement, and freedom from arbitrary detention and trial. Its security forces in Ogoniland and elsewhere persist in a longstanding pattern of human rights abuses. Head of state General Sani Abacha continues to hold in arbitrary detention the presumed winner of the June 12, 1993 elections, Chief M.K.O. Abiola. Nigerians are deeply skeptical that this military government, after setting aside the fairest elections ever held in their country, will hand over power to a civilian government when it has promised to do so. Nigeria appears to be in a state of permanent transition, still governed by the armed forces a decade after a program to restore democracy was first announced by General Ibrahim Babangida. Recent reforms announced by the government including the restoration of a right to appeal to a higher court in some cases where it had been denied, the repeal of a decree preventing the courts from granting writs of habeas corpus in favor of detainees without charge, and the creation of a human rights commission have had no effect in practice, and do not begin to address the need for fundamental reform and renewal. The transition program announced on October 1, 1995, is already slipping behind schedule, while the conditions that have been set for political participation seem designed to exclude the great majority of credible and committed pro-democracy activists. Above all, the program does not address the current status of the June 12, 1993 elections, thus ignoring the central issue of Nigeria’s politics since the elections were annulled. This report details the transition program, and the steps that have been taken towards its implementation to date, including an assessment of the unfree and unfair local government elections of March 1996. The report describes the impediments to free political activity that destroy the transition program’s credibility, including the detention and imprisonment of opposition politicians, human rights and pro-democracy activists, trade unionists and journalists, as well as other restrictions on freedom of expression, assembly, association and movement. In the meantime, ordinary Nigerian citizens are regularly subjected to arbitrary detention and torture by the police, prison conditions are appalling, and forced evictions of market traders in Lagos have been carried out without any regard for due process, adding to Nigeria’s army of dispossessed. Repressive legislation remains in place, including numerous decrees that prevent the courts from inquiring into the legality of acts carried out by the military government. In Ogoniland, birthplace of executed minority rights activist Ken Saro-Wiwa, repression continues. Nineteen Ogonis continue to face trial before the same Civil Disturbances Special Tribunal that convicted Saro-Wiwa and eight others and sentenced them to death in October 1995 executions later described by British Prime Minister John Major as “judicial murder.” Others suspected to be sympathizers of Saro-Wiwa’s organization, the Movement for the Survival of the Ogoni People (mosop), were detained after demonstrations on January 4, 1996, celebrated by the Ogonis as “Ogoni Day” since 1993; still more were detained in March and April 1996, before or during the visit of a fact-finding team sent by the U.N. secretary-general despite assurances given to the U.N. by the Nigerian government that nobody would be victimized for attempting to speak to the team. It is virtually impossible for outsiders to visit Ogoniland, where army and Mobile Police maintain a heavy presence, without government consent. While the Nigerian government has put in place token efforts at “reconciliation” in Ogoniland, it has not made any move to pay compensation to the families of the executed activists, as recommended by the U.N. fact-finding team. International attention has shifted from Nigeria during 1996, after an outcry following the November 1995 executions of the Ogoni Nine. Although sanctions imposed following the executions remain in force, as well as those put in place in 1993, no further measures have been imposed, despite the lack of genuine progress in returning the country to a civilian elected government. The Commonwealth, which suspended Nigeria from membership in November 1995, has halted the implementation of further sanctions recommended in April 1996 pending further discussions with the Nigerian government. The Organization of African Unity has failed to take any measures against Nigeria, and the African Commission on Human and Peoples’ Rights, which held an extraordinary session on Nigeria in December 1995, has yet to follow this up with further action or recommendations. The United States and the European Union, which imposed various measures in November and December 1995, including an arms embargo and visa restrictions, have stated that they prefer to act in concert in taking any further action, and have thus failed to do anything concrete since last year while maintaining that all measures are still under consideration. Economic considerations within Nigeria’s largest trading partners appear to have taken over from the moral and political outrage expressed at the executions of the Ogoni Nine in the face of international pleas for clemency. Although it consented to the fact-finding mission sent by the U.N. secretary-general, the Nigerian government has yet to grant permission for visits from representatives of a number of other international organizations that have requested to investigate the situation in Nigeria. It has, in theory, promised to allow missions from the U.N. special rapporteurs on the independence of judges and lawyers and on extrajudicial, summary or arbitrary executions and from the African Commission on Human and Peoples’ Rights. However, dates have not been set for any of these missions, and various proposed times have been rejected as unsuitable for one reason or another. The Commonwealth Ministerial Action Group (cmag), established in New Zealand in November 1995, at the time of the suspension of Nigeria from the Commonwealth, also proposed to send a mission to Nigeria. After initially refusing to consider a visit, in August 1996 the Nigerian government announced that it was inviting cmag to come to the country, but terms for a mission are still under negotiation. International pressure must be maintained and increased to ensure that the Nigerian government allows these missions to go ahead and more importantly takes steps to improve the human rights situation. Detainees must be released, free political activity restored, the rule of law respected, and fundamental human rights guaranteed. Above all, further sanctions are necessary to ensure that Nigeria is returned to rule by an elected civilian government as soon as possible, and certainly well before the current proposed date of October 1, 1998.   RECOMMENDATIONS TO THE NIGERIAN GOVERNMENT Human Rights Watch calls on the government of Nigeria to:   Return Nigeria to rule by an elected civilian government as soon as possible, but in any event well in advance of the proposed October 1, 1998 deadline, and allow international observers to monitor all stages of the transition program; Repeal all laws suspending the constitutional protection of fundamental human rights; allowing indefinite detention without charge; providing for the establishment of military or special tribunals to try civilians who are alleged to have committed normal criminal offenses; ousting the jurisdiction of the courts from considering the legality of an executive act; or making it an offense to criticize the government or head of state of Nigeria, or their policies; Restore the rights of Nigerian citizens to freedom of expression, assembly and association, and cease the harassment of opposition politicians, journalists, students, trade unionists and all others whose efforts to obtain a change in government policies by peaceful means are obstructed; Immediately and unconditionally release, or release on bail, charge with recognizable criminal offenses and try promptly before a regular court respecting international standards of due process, all those arbitrarily held in detention, including but not limited to: Chief Moshood K.O. Abiola; detainees held under the State Security (Detention of Persons) Decree No. 2 of 1984; those convicted in 1995 of involvement in an alleged coup plot; and those Ogonis held in custody and facing charges in connection with the same facts as those for which Ken Saro-Wiwa and his co-accused were convicted by a special tribunal; Take immediate steps toward the abolition of the death penalty and to end the use of torture, summary executions, arbitrary detention and other human rights abuses by the security forces in all parts of Nigeria; Restore the independence of the judiciary by instituting appointment and removal procedures that do not involve the executive, giving the judiciary financial autonomy, ceasing to harass judges who give decisions against the government, and obeying court orders; Ensure that conditions of detention and imprisonment are in full compliance with international standards and obey all court orders for individuals held in custody to be released, produced before court, allowed visitors,access to lawyers or private doctors, removed to hospital where a prison or personal doctor recommends, or permitted reading material; Set up a process for paying compensation to the relatives of those executed on November 10, 1995, in accordance with the May 1996 recommendations of the fact-finding mission sent by the U.N. secretary-general; Fix firm dates for fact-finding visits to Nigeria, on terms that allow full investigation of the human rights situation, by the U.N. Special Rapporteurs on Extrajudicial Executions and on the Independence of Judges and Lawyers, by the Commonwealth Ministerial Action Group and by the African Commission on Human and Peoples’ Rights; Appoint an independent judicial inquiry into the actions of the security forces in the oil producing areas,make public the findings of the inquiry, bring to trial those alleged to be responsible for human rights abuses and ensure that the rights of minorities in Nigeria are respected, in keeping with Article 27 of the International Covenant on Civil and Political Rights.   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 implementing further measures, both unilaterally and through the medium of multilateral institutions. In particular: Human Rights Watch calls on the Commonwealth and its Member States to:   Maintain Nigeria’s suspension from the Commonwealth until an elected civilian government is installed in power and no members of the army are still openly engaged in politics, in accordance with the Harare Declaration; Implement the sanctions recommended in the statement by the Commonwealth Ministerial Action Group (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; Press the Nigerian government to allow a full fact-finding mission by cmag to investigate all aspects of human rights in Nigeria, and in particular the progress, or lack thereof, toward installing an elected civilian government; 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; 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:   Make public the report prepared for the European Council and Commission on the effectiveness of measures taken by the European Union as regards its relations with Nigeria, and put in place reporting and monitoring mechanisms to ensure that the sanctions currently in force against Nigeria, 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 the Provisional Ruling Council and Federal Executive Council and their families, as well as of members of the Nigerian security and armed forces, pending the return of Nigeria to civilian rule; 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; Fund and publish studies by independent experts of the impact of oil company activities in the Niger Delta,and develop codes of conduct to ensure that companies based in the member states of the European Union which operate in Nigeria respect and support international standards of human rights including those relating to freedom of association, freedom of expression and labor rights; 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 especially on the United Kingdom among European states to use the influence it has with the Nigerian government by virtue of its strong trade and political links to the maximum effect; in particular by publicly denouncing human rights violations of all kinds, exerting pressure on the Nigerian government to return Nigeria to civilian rule, and taking a lead in multilateral fora for the imposition of further sanctions against Nigeria pending the end of military government. Human Rights Watch calls on the United Nations and its member states to:   Press the Nigerian government to allow missions from the U.N. thematic Special Rapporteurs on the Independence of Judges and Lawyers and on Extrajudicial, Summary or Arbitrary Executions, In particular, Human Rights Watch calls on:The U.N. High Commissioner for Human Rights to investigate and report on the current situation of human rights in Nigeria, with particular reference to the role of the military in politics and progress of the restoration of civilian rule; The U.N. Commission on Human Rights to appoint a Special Rapporteur on Nigeria at the next session of the Commission in Geneva in 1997; The U.N. Security Council to introduce sanctions against Nigeria, pending the restoration of civilian government, including a total arms embargo, visa restrictions and a freeze on the assets in other countries of members of the Nigerian armed or security forces or members of the Provisional Ruling Council or Federal Executive Council and their families. Human Rights Watch calls on the Organization of African Unity (OAU) and its Member States to:   Press the Nigerian government to accept a fact-finding mission from the African Commission on Human and Peoples’ Rights; Introduce visa restrictions and an asset freeze on members of the Nigerian army and security forces, the Provisional Ruling Council and Federal Executive Council and their families; Appoint a 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 in particular on South Africa to take a lead among African States in pressing the Nigerian government to make rapid return to civilian rule. Human Rights Watch calls on the African Commission on Human and Peoples’ Rights to insist forcefully to the Nigerian government that it should accept a fact-finding mission from the African Commission to investigate violations of the African Charter on Human and Peoples’ Rights in Nigeria, to send such a mission as soon as possible, and to produce by the first session of the Commission in 1997 whether or not visas are granted to Commission members for the mission a detailed, public, written report on the human rights situation in Nigeria, with recommendations for the return of Nigeria to civilian rule. Human Rights Watch calls on the United States to:   Take steps to freeze the assets in the U.S. of those members of the Provisional Ruling Council and Federal Executive Council against whom visa restrictions are in place; Pursue the introduction of further measures against Nigeria, including an arms embargo, at U.N. Security Council level and in other international fora, pending the return of Nigeria to civilian rule. Human Rights Watch calls on Shell and the other multinational corporations operating in Nigeria, in particular in the field of oil exploration and production, to:   Condemn publicly and privately individual cases and patterns of human rights violations by the Nigerian security forces in the areas where their companies are operating, including the detention and harassment of those protesting activities by the oil companies; Call on the Nigerian government to appoint an independent public inquiry into the actions of the security forces in the oil producing areas and to bring to trial those alleged to be responsible for violent abuses; Appoint responsible, high-ranking corporate officials to monitor the use of force by the Nigerian military in the oil producing areas, who should publicly denounce the unjustified or excessive use of force and urge the Nigerian government to exert proper control over the actions of the security forces; Urge the Nigerian government to respect the rights to freedom of assembly and expression, particularly with regard to the voicing of grievances against the oil industry; Publicly and privately call on the Nigerian government to release unconditionally all political prisoners,whether detained without charge or convicted in trials which did not respect international standards of due process, including in particular the Ogonis who still face trial by a Civil Disturbances Special Tribunal, and all other Ogonis held without charge; Call on the Nigerian government to allow freedom of association and protection of the right to organize in accordance with International Labor Organization (ILO) Convention 87, and to release detained union activists. Human Rights Watch calls specifically on Shell to:   Clarify whether Shell is currently engaged in negotiations for the purchase of weapons for the Nigerian police and undertake not to make any such purchases now or in the future; Clarify the role and responsibilities of the “supernumerary police” that protect Shell installations and in particular their instructions with regard to the use of weapons; Clarify the role, responsibilities and numbers of security guards employed by Shell itself, whether they are armed, and their instructions with regard to the use of weapons; Include explicit reference to the Universal Declaration of Human Rights in its General Business Principles, publicly and privately condemn individual cases of violations of the Declaration, and ensure that the Nigerian management of Shell is aware of the implications of support for international standards of human rights.   TABLE OF CONTENTS SUMMARY RECOMMENDATIONS To the Nigerian Government To the International Community THE LATEST "TRANSITION" PROGRAM The Annulment of the 1993 Elections and the November 1993 Coup. The National Constitutional Conference The Abacha Transition Program Local Government Elections Guidelines for the Registration of Political Parties The Human Rights Commission HARASSMENT OF THE OPPOSITION The Imprisonment of Chief Abiola The assassination of Kudirat Abiola Detentions without Charge under Decree No. 2 The “Coup Plotters” Confiscated Travel Documents Harassment of family members of the opposition Attacks on the homes and property of exiled opposition activists Attacks on the Independent Press Violations of Academic Freedom Violations of Freedom of Association and Assembly EVERYDAY VIOLATIONS OF THE RIGHTS OF NIGERIAN CITIZENS Summary Executions and Torture by the Security Forces Prison Conditions “Clearing the Bridges”: forced removals in Lagos Criticisms by the U.N. Human Rights Committee THE SENTENCING AND EXECUTION OF THE OGONI NINE THE U.N. SECRETARY-GENERAL’S FACT-FINDING TEAM EVENTS IN OGONILAND SINCE THE EXECUTIONS Reactions to the Execution of Ken Saro-Wiwa Ogoni Day Celebrations The U.N. Visit to Port Harcourt and Ogoniland The Current Situation in Ogoniland Ogoni Refugees in the Benin Republic Outstanding Trials for the Murder of the Four Ogoni Leaders   on May 21, 1994 Harassment of other minorities in the Delta THE ROLE OF THE INTERNATIONAL COMMUNITY The Commonwealth The United Nations The European Union and its Member States The United States Japan The Organization of African Unity and its Member States Royal Dutch/Shell Human Rights Watch      September 1996      Vol. 8, No. 3 (A) To order the full text of this report click HERE. For more Human Rights Watch reports on Nigeria click HERE. To return to the list of 1996 publications click HERE. Or, to return to the index of Human Rights Watch reports click HERE.