|
VIII. CONCLUSIONS AND RECOMMENDATIONS
Persistent human rights violations, poverty, unemployment, and political and economic frustrations are the root causes of much of the violence which has plagued Nigeria over the years and which has continued under the government of President Obasanjo. If anything, many Nigerians have felt even more alienated and resentful as the advent of an elected, civilian government has not led to significant improvements in their plight, and the government has failed to deliver on many of its promises. Although Nigeria has seen some human rights improvements under President Obasanjo's government, notably in terms of respect for freedom of expression, serious human rights violations, including extrajudicial executions, torture, and prolonged pre-trial detention, have remained unchecked, and few of the individuals responsible for these violations have been brought to justice. In addition, thousands of people have died in inter-communal conflicts in different parts of the country. The phenomenon of OPC violence is one symptom of these much deeper problems which affect the entire country. To a greater or lesser extent, armed groups-whether vigilantes, political thugs, or ethnic militia-have sprung up in most of Nigeria's states. The large number of unemployed, young men with little or no prospect of a successful future has created a fertile breeding ground for militia violence, and has provided a ready source of supply to those wishing to subdue their real or perceived opponents. The OPC, like many other groups, has drawn its support from this generally disenfranchised sector of the population which, combined with the easy availability of weapons, has meant that it has been able to mobilize supporters quickly, with often devastating consequences. The OPC has acted as a convenient channel for public anger, but has not taken responsibility for the manner in which this anger has been expressed or its consequences. Due in part to the amorphous nature of the OPC, the way its members merge with the broader Yoruba population, and the factional splits, OPC leaders have mostly managed to evade responsibility for the actions of their organization. Any long-term solutions being contemplated for resolving the problem of OPC violence must therefore look for ways of addressing the broader political, economic and social problems in Nigeria which enable such groups to emerge in the first place. The recommendations in this report do not attempt to solve these broader issues, but many of them, if implemented, would address at least the two fundamental issues of impunity and accountability. The recommendations below concentrate primarily on preventing human rights abuses by the OPC and by the government and police against the OPC documented in this report. Human Rights Watch is urging the Nigerian government to pay particular attention to the risk of a further escalation of violence as the 2003 elections draw closer. Political assassinations and other acts of politically-inspired violence and intimidation have increased steadily during 2002 as politicians and would-be politicians on all sides have mobilized their supporters against their opponents.162 While the OPC has not claimed to have aspirations to become a political party or to seek political office for its members, it cannot be considered as a neutral organization in the highly-charged political atmosphere leading up to the elections. Despite its official stand of non-participation in the affairs of political parties, the organization has clearly taken a position on a number of political issues, as mentioned in this report. It should also be recalled that the OPC carried out violent protests and attacks at the time of the last elections in Nigeria, in 1999. Although the political context was different in 1999, many of the grievances expressed by the OPC, particularly concerning the unrepresentative nature of the government and the structure of the Nigerian federation, and which they evoked as justification for their violent protests in 1999, remain issues of real concern in 2002. With specific regard to the 2003 elections, OPC leaders have sent out mixed messages. On the one hand, they have condemned political violence and promised to arrest political thugs; on the other hand, they have stated explicitly that they will not allow elections to take place if their demands for a sovereign national conference are not met. They have also warned non-Yoruba politicians not to seek political office in the southwest and have vowed that in the event of political seats being won through fraud or rigging, they would make those areas of Yorubaland "ungovernable." Speaking to journalists in December 2002, Frederick Fasehun said: "While we welcome our visitors to realize their full political, social and commercial ambitions while living amongst us, we must let them know that they must not be desperate to seize power from their Yoruba host communities."163 It is clear that in an atmosphere where political violence is rife and where few are ever brought to book for these abuses, ethnic militia and other armed groups are likely to gather strength as the stakes rise: political and ethnic groupings are fighting an increasingly desperate battle as they view the forthcoming elections as a unique chance to acquire a greater share of political and economic control. In addition to the specific recommendations below, Human Rights Watch is urging the Nigerian government to accelerate the long-awaited reform of the 1999 constitution and ensure that there is meaningful consultation with civil society and all sectors of public opinion.164 Self-determination groups and other organizations advocating particular points of view have the right to be heard. By showing its commitment to genuine and open debate on the range of political and social issues facing Nigeria, and listening to the voices of ordinary Nigerians, the government would deprive groups such as the OPC and other ethnic militia of their pretexts for resorting to violence and would ensure that there was adequate space for individuals and organizations to express their views freely and peacefully. While the violence used by ethnic militia can never be tolerated, it must also be recognized that the growth of such groups in Nigeria has been a reflection of a sense of disenfranchisement, exclusion and loss of faith in the capacity or will of the government to address these issues seriously. Human Rights Watch recognizes that Nigeria's ethnic and political tensions are not easy to resolve, but believes that the government could be doing significantly more than it has done until now to consider different constituencies' demands fairly and openly. - Leading officials of both factions of the OPC, at national and local levels of the organization, should reiterate explicitly to their membership that acts of criminal violence and human rights abuse will not be tolerated. Public statements should be backed up by action, including the immediate dismissal of any OPC members involved in violence. OPC members who are found to have participated in acts of violence should be handed over to the police. Leaders should make clear to their members that human rights violations by the federal government or the police, however serious, are never a justification for responding in kind. - OPC leaders should take responsibility and be accountable for human rights abuses carried out by their members, especially in view of the clear structure, hierarchy, internal communication and disciplinary procedures that exist in the organization but that are not being used effectively to prevent violence. OPC leaders should publicly condemn any incident of violence in which OPC members have participated. They should also acknowledge that OPC members have engaged in serious acts of violence in the past, as a first step towards improving the image and the conduct of the organization, and cooperate with the police and judicial authorities in investigating these incidents and identifying those responsible. - Give clear instructions to OPC members involved in vigilante work to immediately hand over to the police any suspected criminal they apprehend. Under no circumstances should OPC members dispense their own form of justice to alleged criminals, such as beatings, torture, or extrajudicial killings. Every criminal suspect has the right to be presumed innocent until proved guilty by the competent judicial authorities. While OPC members, like any citizens, can assist the police in detecting and reducing crime, such initiatives should always be carried out in cooperation with the police. The OPC has no status or right to perform the duties of a law enforcement agency in terms of punishing alleged criminals. - Refrain from making any statements which encourage violence, hostility or intimidation towards other groups on the basis of their ethnicity or region of origin. - Reiterate to OPC members that they should not engage in political violence or hire out their services to politicians who are seeking to recruit thugs in the period leading up to elections, or at any other time. To the Nigerian Federal and State Governments Human rights abuses by the OPC and other armed groups - Investigate all cases of violence and other criminal activity in which the OPC or other armed groups are implicated. Investigations should include those persons ordering or conspiring to commit illegal acts as well as those who carried out the crimes. Those arrested must be charged and prosecuted in accordance with due process. In the case of persons who have been released on bail, clarify whether the charges still stand; these individuals should either be tried promptly, or the charges should be formally dropped. - The federal government should investigate the role of federal, state and local government officials in encouraging or tolerating criminal activity by the OPC in their state. Where officials participated in or assisted the OPC in criminal acts or otherwise failed to meet their legal obligations under international human rights law, the government should provide adequate compensation to victims of OPC violence. - Governors and other government officials should strongly and publicly condemn all acts of criminal violence by the OPC and other groups and make clear that those responsible will be brought to justice. However inadequate the police force may currently be in controlling crime, state governors should not resort to using the OPC or other similar groups to replace the police, nor should they make statements encouraging the population to do so-a situation which will result in further lawlessness. - Prevent further vigilante violence. Human Rights Watch recognizes that some types of citizens' involvement in crime control can play a useful role in contributing to local security, especially when the police force appears unable to protect the population. However, measures should be taken to ensure that any crime-fighting groups which do operate are held legally accountable for their actions and that their activities are closely monitored to prevent abuses. Such groups should always be required immediately to hand over any suspects that they detain to the police. - Pay particular attention to the risks of an escalation of pre-election violence in the southwestern states, as elsewhere in Nigeria, and take preventive measures, including those listed above, to stop election candidates and their supporters from using the OPC and other armed groups to intimidate their opponents. Human rights violations by federal and state authorities - Release without delay real or suspected OPC members and their relatives who have been arbitrarily arrested in connection with incidents of violence and against whom there is no substantial evidence of participation in any criminal offense. - Issue clear instructions to the police that the arbitrary and indiscriminate arrest of individuals merely on suspicion of being OPC members amounts to a serious human rights violation, for which those responsible will be brought to justice. - Explicitly withdraw earlier statements by federal government officials instructing the police to "shoot on sight" OPC members. Make clear to the police that extrajudicial executions and excessive use of force will be prosecuted. - Ensure that the OPC, like any other organization, is allowed to hold peaceful meetings in respect of the right to freedom of assembly and association. - Instruct police officers that it is their duty to guarantee the security and protection of all sectors of the population, regardless of their ethnic or regional background or political opinions. Government officials should not undermine such instructions by hiring OPC members to take on security functions or encouraging them to replace the police. - Respect individuals' right to express all non-violent political aspirations, and recognize that the violation of this right may encourage resort to violence. The government's response to the political claims of ethnically or regionally-based groups should differentiate between peaceful and legitimate mobilization, on the one hand, and the manipulation of ethnic agendas and use of violence on the other. - Encourage a political environment in which all ethnic, regional and political groups are able to express their views freely. Police reform - Devote urgent attention and generous resources to reforming and improving the national police force and enabling it to carry out its duties effectively. The government should provide adequate and timely payment to police officers and improve their working conditions, welfare and equipment, with a view to raising their morale. Mechanisms should be set up to eradicate corruption in the police force and bring to justice police officers responsible for human rights violations. The police should be provided with thorough training, which could be undertaken in conjunction with human rights organizations with expertise in this area, and should include practical application of human rights standards, including the U.N. Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. - Promote dialogue and cooperation between the police and local communities to encourage them to work together in fighting crime. Such steps will eventually create a situation where people will no longer feel the need to turn to vigilante groups like the OPC for law enforcement and "justice." In the context of general adherence to international human rights standards: - Refrain from carrying out arbitrary arrests of individuals simply on the basis that they may be OPC members. - Investigate any OPC member implicated in criminal activity in accordance with international due process standards. - Issue clear instructions to all members of the police force that torture and other ill-treatment will not be tolerated. Investigate all known reports of torture by the police and take appropriate action, including disciplinary measures and prosecution, against those responsible. - Investigate all reported cases of extrajudicial executions of real or suspected OPC members and excessive use of force by the police, and institute judicial proceedings against members of the police found responsible. Immediately and publicly withdraw the instructions to shoot OPC members on sight and make clear to police officers at all levels of the force that extrajudicial executions constitute a serious criminal offense. If the police have reasons to believe individual OPC members have participated in criminal activity, they should make every effort to arrest them without resorting to lethal force. - Refrain from storming or breaking up OPC meetings when there is insufficient evidence that those present are engaging in criminal activity. Such actions are in violation of the right to freedom of assembly, guaranteed in national and international law. - In the event of a recurrence of further large-scale incidents of violence involving the OPC or other groups, the police should intervene without delay to quell the violence and arrest individuals suspected of being responsible, whichever community they may come from, without using excessive force. To Foreign Governments and Intergovernmental Organizations - Strongly condemn human rights abuses by and against the OPC and the tolerance of these abuses by government authorities; stress the responsibility of the federal government to prevent abuses by the OPC, in view of the unwillingness of state governments to do so. However, the federal government should ensure that the police do not carry out further human rights violations in the name of curbing OPC violence. Urge the Nigerian government to implement the recommendations above and to take action promptly to prevent an escalation of violence in the period leading up to elections. - Governments providing assistance to Nigeria for reform of the justice sector and the security forces-especially the United Kingdom and the United States who currently have assistance programs in this area-are urged to ensure that any training or other assistance they provide includes a central human rights component. Governments that are already planning programs to facilitate reform of the Nigerian police should ensure that these include practical as well as theoretical training in human rights standards, in particular the U.N. Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. They should set up mechanisms to monitor regularly the observance of these standards and respect of human rights by those forces whom they have assisted or trained. The Nigerian police should be encouraged to develop positive relations with local communities to reduce the perceived need for vigilante groups and to increase public cooperation with the police in curbing crime. 162 See Human Rights Watch briefing paper "Nigeria at the crossroads: human rights concerns in the pre-election period," January 2003. 163 See "2003 elections - OPC bans non-Yoruba aspirants in southwest," in P.M. News, December 13, 2002, and "Don't seek election in south-west, OPC warns non-indigenes," in Daily Trust, December 16, 2002. 164 The 1999 constitution, which was promulgated under military rule but remains in force, is viewed by many Nigerians as flawed and unrepresentative. In October 1999, President Obasanjo set up a presidential technical committee to revise the constitution; the committee presented a report to the president in February 2001. Separately, in 2001, the National Assembly set up its own constitutional review committee and submitted a report in October 2002. At the time of writing, neither review process has yet been finalized. Nigerian non-governmental organizations have criticized both reviews for insufficient consultation with civil society. Under the umbrella of the Citizens' Forum for Constitutional Reform, a coalition which has been actively campaigning for changes to the constitution, civil society groups have come together to propose an alternative model constitution.
|
