Global H/Rights Bodies Move Against Nigeria
From Josephine Lohor in Abuja, 06.23.2006
Sequel to the removal of Mr. Bukhari Bello, by Federal Government as Executive Secretary of National Human Rights Commission (NHRC), International Human Rights bodies including Open Society Initiative for West Africa (OSIWA) yesterday said they have withdrawn support from the National Human Rights Commission.
Meanwhile 30 Nigerian civil society organisations have released separate complaints to Judge Louise Arbour, United Nations High Commissioner for Human Rights, and Mrs. Salamata Sawadogo, Chairperson of the African Commission on Human and Peoples Rights calling for the restoration of Bello to his position, an urgent international investigation of the independence of institutions for the protection of human rights in Nigeria, including the judiciary and the National Human Rights Commission, suspension of Nigeria from consultative relations with both bodies if the government fails to rescind its actions.
On Monday, the Attorney-General of the Federation and Justice Minister, Chief Bayo Ojo, SAN, issued a letter to Bello, informing him of his removal as head of the commission.
The Minister said government was displeased with his criticisms of harassment and intimidation of journalists by the security services and denunciation by African National Human Rights Institutions of recent attempt at tenure extension and Americas role at Guatanamo Bay.
Mr. Bello is the Chairperson, Co-ordinating Committee of African National Human Rights Institutions.
They noted with dismay that the redeployment of Bello came at the time when the United Nations Human Rights Council is holding its inaugural meeting adding that Nigeria is one of the 47 elected members to the council based on its pledge to respect the promotion and protection of the rights of its citizens in general a well as support the strengthening and independence of the National Human Rights Commission.
Condemning the action, Mr. Chidi Anselm Odinkalu, Director of the Africa Programme, Open Society Justice Initiative contended that the statements issued by Bello was in capacity as Chairperson, Co-ordinating Committee of African National Human Rights Institutions and that it was a collective decision of all the council members. The Government of the Federal Republic of Nigeria has run carts and horses through the Paris Principles. They have undermined stability of tenure of the members of the Commission, compromised the Commissions institutional efficacy and independence, and chosen to subvert the protection of human rights in Nigeria. The High Commis-sioner for Human Rights and the African Commission cannot stand idly by while these happen, he said.
Speaking at the joint press conference, Dr. Nana Tanko, Executive Director, OSIWA said: Nigeria is supposed to be in the forefront for respect of constitutionalism in the continent. Now they have set a bad precedence what is expected of other African Countries that are looking up to it?
For any democracy to work, the protection and promotion of the citizenry is very crucial. Issues should be looked at beyond individuals.
The action of Nigerian government by removing Bello negates all the work that has been done over the years in the area of Human Rights in Africa.
If such removal must be done, due process must be followed. We have done a lot to support the National Human Rights Commission over the years but at this point we have no choice but to withdraw our support. We cant imagine doing all that we have been doing and the government comes and makes a nonsense of all we have done.
Chinonye Obiagwu, Co-ordinator of the Legal Defence and Aid Project (LEDAP), observed: We are appalled at the treatment of Mr. Bukhari Bello. This is not just an issue about Mr. Bello. It is about the rule of law, due process, and proper governance.
If we allow this to go unchallenged, it is going to be a return to anarchy. This is a call to the trenches. It is very clear that government is no longer sensitive to constructive decision-making. We ask all members of civil society to suspend collaborative activities with the Federal Ministry of Justice until it makes clear that it will no longer interfere with the National Human Rights Commission.
Obiagwu pointed out that the Abacha government, which established the NHRC, appointed Mohammed Tabir who was very critical of their policies but never removed him.
He revealed that for the past five years a bill to amend the NHRC Act to give it more powers and remove government control has been pending at the National Assembly.
The groups contend that: In taking this decision, the Justice Minister did not notify or consult with the Chairperson or other members of the Council of the National Human Rights Commission.
On Monday, 19 June, the Chairperson of the Commission, Honourable Justice Anthony Igu, promptly visited the Justice Minister to protest this interference in the independence of the NHRC and to affirm that the allegations on the basis of which the Attorney-General claimed to have acted fell firmly within the remit of the Executive Secretary and were done at all times on the instructions of the Council of the NHRC.
Principle 3(a)(iv) of the Paris Principles, A/Res/48/138, requires the establishment of National Human Rights Commissions for the purpose of drawing the attention of the government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the government.
Principle 6 of the Paris Principles requires governments to ensure a stable mandate for the members of the national institution, without which there can be no real independence.
In Article 26 of the African Charter on Human and Peoples Rights, which is domestic law in Nigeria, the government of Nigeria undertakes to guarantee the independence of .appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed in the Charter.
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