Mr. President,
On the occasion of your meeting on September 23 with Nigerian head of state General Abdulsalami Abubakar, I am writing on behalf of Human Rights Watch to raise our concerns with you about the current situation in Nigeria, and to ask you to use the influence of the U.S. to improve respect for human rights in that country.
Human Rights Watch joins other observers in welcoming the steps taken by General Abubakar to restore respect for international standards of human rights since he took office following the death of General Sani Abacha in June. In particular, we note with appreciation the release of many political prisoners; the repeal of the decrees bringing the Abacha program into existence and dissolving the national executives of several unions; and the initiation of a fresh transition program under conditions that are substantially more open than those which prevailed during the failed transition of General Abacha.
Nevertheless, we continue to have serious concerns about respect for human rights in Nigeria, including the right to take part in genuine elections. Human Rights Watch believes that the international community should exercise caution before embracing new head of state General Abubakar, and set clear and stringent guidelines as to what is required for a credible transition program.
When you meet with General Abubakar, we urge you to raise with him the concerns we have outlined below. If they are not addressed, the losers in the scheduled elections may be reluctant to accept the results, possibly leading to the sort of chaos that preceded the annulment of the 1993 elections; in that case, this might enable those in the security forces who wish to reject a transition to civilian rule to intervene in the process and once again return Nigeria to military rule. Assuming that General Abubakar is sincere in his intentions to ensure a stable civilian government can take over, it is in his own interests to carry out further reforms. The U.S. should indicate that technical assistance in conducting the elections and the lifting of sanctions will be conditional on progress in addressing these points.
Reform of the Current Transition Program
While the new transition program instituted by General Abubakar is clearly far more inclusive than the discredited Abacha program, Human Rights Watch share the concerns of Nigerian human rights and prodemocracy groups that in many respects the process remains too closely controlled by the military. Describing the new electoral commission as the "Independent" National Electoral Commission (INEC), does not in itself guarantee independence. An electoral commission should be seen to be completely impartial, yet at least three members of INEC have played prominent roles on a partisan basis in previous political processes. The military government has appointed the secretary to the commission and its regional commissioners, leaving it open to further manipulation. The provisions for registration of political parties, while certainly an improvement on previous versions, still impose serious financial constraints which will prevent many with a positive commitment to Nigeria's future from participating in the process.
We are also concerned at Abubakar's endorsement of the draft constitution of 1995, prepared by a constitutional assembly that was not elected under free and fair conditions. Moreover, although the constitution has finally been published, it is still not widely available for Nigerians to debate its content. In the meantime, the human rights provisions of the 1979 constitution remain largely suspended. Many of those who have been responsible for the widescale abuse of these rights remain in senior positions in the army and government, and should be brought to account for their actions.
Release of Remaining Political Prisoners
Although most high-profile political prisoners were released by General Abubakar during the weeks after he became head of state, several remain imprisoned. We urge you to raise the following cases with General Abubakar. Those still imprisoned should be released unconditionally, or released on bail, charged with recognisable criminal offences and brought to trial within a reasonable time before tribunals respecting international standards of due process.
Military personnel convicted after unfair trials before military tribunals of involvement in alleged coup plots in 1990, 1995, and 1997, as well as civilians such as Niran Malaolu, a journalist convicted of involvement in the 1997 coup plot, and Turner Ogburu, convicted in connection with the 1990 coup plot and still in detention despite court orders for his release.
Sheikh Ibrahim El Zak-Zaky, a radical Muslim leader, has entered his third year in detention, charged with publication of materials capable of undermining the security of the nation. Several associates are detained with him.
At least 163 executives of failed banks remain in detention without charge under decrees passed by the Abacha government, supposedly aimed at cleaning up the banking sector, though in practice it seems often targetted at possible political opponents. General Abubakar has promised to review these cases.
An unknown number of people remain in detention in connection with protests and demonstrations that took place, especially in the South West of Nigeria, following the deaths of General Abacha and Chief Abiola, and on Labour Day, May 1. There are also a large number of detainees who have been held without trial for varying periods in Ogoniland, where the Rivers State Internal Security Task Force is still deployed despite longstanding calls from human rights groups in Nigeria and internationally for it to be withdrawn, and in other parts of the oil producing communities of the Niger Delta.
A number of close advisers of General Abacha were detained following his death, in connection with allegations of massive theft of government funds; they too deserve a fair trial before the normal criminal courts if they are suspected of committing criminal offences.
Repeal of Repressive Decrees
It is essential that General Abubakar repeal the many repressive decrees allowing detention without trial, suspending constitutional guarantees of human rights, setting up special tribunals to try particular offences, and barring the courts from considering executive acts.
Among the most important of these decrees are the State Security (Detention of Persons) Decree No. 2 of 1984, permitting indefinite detention on security grounds; the Constitution (Suspension and Modification) Decree 107 of 1993, which, when read with other decrees, suspends the human rights protections in the 1979 constitution, and prohibits the courts from reviewing military decrees; and the Treason and Other Offences (Special Military Tribunal) Decree No.1 of 1986 and the Treasonable Offences Decree No.29 of 1993, under which the alleged coup-plotters of 1995 and 1997 were tried, which define treason widely and provide for trial before tribunals which do not respect international standards of due process. There are countless others which should also be repealed or amended.
Respect for Freedom of Expression, Association, and Assembly
Respect for the rights to freedom of expression, association and assembly is crucial to a credible political process. Parties and candidates must be able to campaign and hold rallies freely, and journalists must be able to comment on the process without fear of harassment. While respect for these rights has improved since the death of General Abacha, we urge you to call on General Abubakar to repeal decrees restricting freedom of expression and of the press, including the Offensive Publications (Proscription) Decree and the Newspapers Decree, both of 1993. The draft 1995 constitution also includes provision for a "mass media commission" to regulate the media, raising concerns about the possibility of future restrictions on critical reporting. This concern must also be addressed.
Police have also warned on several occasions that the Public Order Act requiring a police permit to hold a demonstration is still in effect. Rallies held after Abacha's death and in protest at the death of Chief Abiola were broken up by police, and tens of people arrested, who remain in detention. Recently five people demonstrating in support of Muslim leader El Zak-Zaky were reportedly shot dead by police in Kaduna. Several decrees restricting the right to organize remain in force. Such restrictions must be lifted for the transition program to be credible.
Thank you for your attention.
Yours sincerely,
Peter Takirambudde
Executive Director
Africa Division, Human Rights Watch
