Nigeria: Don’t Shoot the Messenger When You Should be Addressing Human Rights Abuses

By Amnesty International

Nigeria: Don’t Shoot the Messenger When You Should be Addressing Human Rights Abuses

8 November 2012

The attack by senior Nigerian officials on an Amnesty International report that documents human rights violations by the country’s police and military is a diversionary tactic – shooting the messenger when the security forces should really be concentrating on putting their house in order.

Anyone who reads the report, Nigeria: Trapped in the Cycle of Violence, will see that Amnesty International condemns the unlawful actions of Boko Haram in just as strong terms as it does those of the government forces.

The report fully reflects Amnesty International’s fundamental commitment to objectivity and impartiality in research, analysis and advocacy of human rights issues.

Researchers for Amnesty International interviewed victims of violence perpetrated by both Boko Haram and the security forces in compiling the report. They spoke to judges, magistrates, doctors, teachers, health and education professionals, journalists, lawyers and representatives of non-governmental human rights organizations.

The final report presents research gathered during numerous visits to Nigeria over two years between 2010 and 2012. It includes information gathered via telephone interviews and draws on court cases, legislation, policy documents, medical reports and video and photographic evidence.

It also includes information provided by representatives of the military, the police and several branches of government following meetings with representatives of Amnesty International in July 2012 to discuss the preliminary findings and observations.

In August 2012 a nine page briefing was sent by courier to security and government authorities in Nigeria containing Amnesty International’s findings and a list of over 90 cases, including names, arresting authority and other relevant information.

The briefing included requests for the cases mentioned to be investigated and invited response and comment.  None was received even though Amnesty International would have reflected any comments in the final report.

Full names of victims were not included in the public report published in November to protect the individuals involved.

The Honourable Attorney General of the Federation (HAGF), on behalf of the President of Nigeria and commander-in-chief of the Nigerian Armed Forces, met Amnesty International on 1 November 2012 following the official launch of the report. He stated that all allegations of human rights violations by security forces would be investigated and that Nigeria was committed to ensuring its security forces operate at all times within the rule of law and with respect for human rights.

The HAGF also stated that any state actors found to have violated human rights would be brought to justice. Amnesty International welcomes this statement and hopes that the authorities will take immediate and concrete action to address the real problem and commit to carrying out a full investigation into human rights abuses and violations and to bring perpetrators to justice.

The Nigerian government and the security forces should recognize that the population will not be truly secure until everyone in Nigeria can be confident not only that the risk of attacks from Boko Haram has been reduced, but also that they will not face human rights violations at the hands of the very state security forces mandated with their protection.

Background

Amnesty International’s meetings with army, police, ministers and officials included the Minister of Police Affairs, the Minister of Interior, the Senior Special Assistant to the Honourable Attorney General of the Federation, the Inspector General of Police, representatives from the Office of the National Security Adviser, the Defence Headquarters Spokesperson and the Commissioner of Police for Borno state.

In August 2012 our briefing was sent to – and according to the courier company – received by the following offices:
- Hon. Minister of Police Affairs, (delivered 27 August, 12:34);
- Hon. Attorney General of the Federation, (delivered 27 August, 12:00);
- Hon. Minister of Interior (delivered 27 August, 11:20);
- Hon. Minister of Foreign Affairs; (delivered 27 August, 12:58);
- National Security Adviser (delivered 31 August, 10:30);
- Defence Headquarters, (delivered 27 August, 12:50);
- Inspector General of Police, (delivered 27 August, 14:20);
- Director-General of the State Security Service (SSS) (delivered 29 August, 16:25);
- Comptroller General of Prisons (delivered 28 August, 10:56);
- Commissioner of Police Borno State, (delivered 29 August, 12:00)
- Commissioner of Police Kano State, (delivered 27 August, 11:17).

A briefing was also sent to the Commander of the JTF Borno state but this was returned marked “refused delivery.”

Letter to Secretary Clinton on her forthcoming trip to Africa

The Honorable Hillary Rodham Clinton
Secretary of State
United States Department of State
2201 C St, NW
Washington, DC 20520

Dear Secretary Clinton,

In light of your forthcoming trip to Africa, we would like to bring to your attention some of our recent research findings and recommendations for many of the countries you will be visiting, including Senegal, South Sudan, Uganda, Kenya, Malawi, and South Africa. We hope that you will take the opportunity during your visit to address these issues with your counterparts and speak publicly about these and other human rights concerns. We do not include below information on Malawi, but we would encourage you to praise the positive steps that President Joyce Banda has implemented since taking office.

Senegal

The Hissène Habré Case

Hissène Habré is accused of thousands of political killings and systematic torture when he ruled Chad, from 1982 to 1990, before fleeing to Senegal. After years of stalling by President Abdoulaye Wade, newly elected president Macky Sall has ordered that proceedings against Habré begin by the end of the year. On July 24, Senegal and the African Union (AU) announced a landmark agreement to create “Extraordinary African Chambers” with African judges in the Senegalese justice system and to begin pre-trial investigations in October.

The United States has been a key player in encouraging Senegal to bring Habré to justice. Your letter to President Wade last September and your June report to Congress calling on Senegal to take “concrete steps” to bring Habré to justice both helped catalyze action. Habré’s trial, if conducted fairly and expeditiously, will be a significant milestone in the fight against impunity in Africa. We hope that you will therefore be publicly supportive of Senegal’s current efforts to try Habré domestically, and that the United States will join other international donors that have agreed to finance the trial by offering a substantial contribution.

Forced Begging of Children

In a 2010 report, Human Rights Watch documented the system of exploitation and abuse of at least 50,000 boys known as talibés – the vast majority under age 12 and many as young as four – forced to beg on Senegal's streets for long hours under the guise of getting a Quranic education. We documented widespread physical abuse, including severe beatings and several cases in which children had been chained or bound for failing to hand over to their Quranic teacher a required daily amount of money from begging. Many boys run away from these abusive residential schools and become almost permanent street children.

Senegal has the laws necessary to protect these boys from exploitation, in particular a 2005 law that criminalizes trafficking and forcing others into begging for personal financial gain. However, the previous government largely failed to take concrete steps to enforce the law, helping ensure that more boys would fall victim to abuse.

During your visit to Senegal, we hope that you will discuss with President Sall the importance of authorities applying the law against forced child begging and trafficking, as well as laws against physical violence toward children. In addition to prosecutions, it is essential that the Sall government take steps to regulate the Quranic education system, which, with a few exceptions, has been subject to almost no state oversight.

South Sudan

South Sudan, which on July 9 celebrated the one-year anniversary of its independence, faces significant human rights challenges. Human Rights Watch has recently called on the government of South Sudan to free all unlawfully detained prisoners, guarantee freedom of speech, and accelerate ratification of key international human rights treaties. In addition, we have urged that security forces be held to account for ongoing human rights abuses. The failure to pursue justice for serious crimes is a longstanding problem in South Sudan, a country with limited law enforcement capacity and a vast territory. The improvement of the justice and prison systems in South Sudan is essential.

Human Rights Watch has reported extensively on indiscriminate bombings in civilian areas, killings, and other serious abuses by Sudanese armed forces in the border areas of Sudan and South Sudan. We ask that you emphasize in your meetings in Juba the critical importance of humanitarian access to Southern Kordofan and Blue Nile states.

Uganda

Excessive Use of Force by Police and Military

Security forces’ unjustified use of lethal force remains a significant problem in Uganda. In protests in September 2009, at least 40 persons were killed, but there has been no meaningful attempt to investigate and prosecute those responsible. Again, in April 2011 during the "Walk to Work" demonstrations, military and police shot and killed nine people. The government has not conducted criminal investigations into the April killings and other state abuses, although there was one arrest for the killing of a child.

During your visit to Uganda, we ask you to raise the importance of accountability for the excessive use of force by police, military, and ad-hoc security units during the 2009 Kayunga protest and the 2011 "Walk to Work" demonstrations. We urge you to press the police and prosecutors to conduct credible investigations and bring charges against those found responsible, including commanders who ordered the use of live ammunition where there was no imminent lethal threat.

Crackdown on Civil Society

In the last two years, government officials at both the national and local levels have deployed an array of tactics to intimidate and obstruct the work of NGOs in certain sectors. Organizations focused on evidence-based research and advocacy on more controversial issues—transparency in the oil sector, compensation and reparations for land acquisitions and sales, political reform, and protection of human rights, including the rights of LGBT people—have decreasing room to maneuver. The methods used range from closing meetings and workshops, demanding apologies, and occasional physical violence, to threats, harassment, and heavy-handed bureaucratic interference to impede NGO registration and operations. Recent, increasing use of these tactics is obstructing the work and impact of the NGO sector and, more broadly, obstructs Ugandans’ rights to free expression, association, and assembly.

We encourage you to raise concerns over the restrictions of freedom of expression and association given the current threats to civil society in Uganda and call on the government to take concrete steps to foster an environment in which civil society can operate freely on a full range of subjects—including oil sector management, corruption, governance, land sales, and human rights, including the rights of LGBT people.

Regional Security: Rwanda and the DRC

The Ugandan government should urgently investigate reports that armed combatants in military uniform have crossed from Ugandan territory into neighboring eastern Democratic Republic of Congo at and near Bunagana in July 2012, allegedly to support the M23 rebellion led by ICC war crimes suspect Bosco Ntaganda. Human Rights Watch and a UN Group of Experts on Congo have independently documented the supply of recruits, arms and ammunition from the Rwandan military to the M23 rebels. Congolese civil society organizations reported last week that soldiers also came from Uganda into Congo to support the rebels’ latest offensive.

Uganda should ensure that there is no support, whether official or unofficial, from Uganda or which passes through Ugandan territory, in aid of Ntaganda or other M23 leaders responsible for serious human rights violations.

The United States sent a strong signal to the Rwandan government on July 21, condemning Rwandan support to the M23 rebels by cutting $200,000 of US military assistance to Rwanda. The US government should inform the Ugandan government that it could take similar action with respect to Uganda if there is clear evidence of support from Ugandan actors as well.

Kenya

Kenya’s general elections are slated for March 2013, yet few perpetrators have been brought to justice for the violence following the 2007 elections. The International Criminal Court has charged four high-profile suspects – including two presidential aspirants – with crimes against humanity for the post-election violence, but the Kenyan government has not upheld its promises to prosecute other cases. In the Mt. Elgon region, killings and enforced disappearances committed by the army and a militia group from 2006 to 2008 remain unpunished. Meanwhile, Kenya’s security forces are committing abuses against ethnic Somalis in North Eastern province. Judicial and police reforms currently underway provide some hope for accountability.

Human Rights Watch’s top advocacy priorities for Kenya include the creation of a special mechanism to prosecute those responsible for violence after the 2007 election. We also urge you to press for greater accountability by police and security forces, which, according to our field-based investigations, continue to commit torture, beatings, arbitrary arrests, and unauthorized searches of homes.

South Africa

The controversial Protection of State Information Bill (the Secrecy Bill) remains a major concern in light of its restrictions on freedom of expression, press freedom, and democratic accountability. Ever since the bill was introduced in March 2010, it has been subject to serious criticism as being inconsistent with South Africa’s constitution and human rights obligations. The bill has been amended over the past few years, but the draft version still omits a public interest defense. The absence of this clause means that journalists, whistleblowers, and others could be imprisoned for up to 25 years for leaking or sharing information deemed classified by the government and which exposes corruption, mismanagement, or malfeasance, even in the face of a compelling public interest.

We ask that you call on the government of South Africa to amend the Protection of State Information Bill to ensure that it conforms to international standards on freedom of expression, including by providing a public interest defense.

Thank you, once again, for your attention to these concerns.

Sincerely,
Daniel Bekele
Executive Director
Africa Division

Rais Mstaafu Ali Hassan Mwinyi Azindua Kampeni ya Utii wa Sheria Bila Shuruti kwa Viongozi wa Dini ya Kiislamu

Rais Mstaafu wa Awamu ya Pili Alhaji Alli Hassan Mwinyi(katikati) akimkabidhi vitabu vya Utii wa sheria ni dhawabu na Baraka za Utii Sheikh wa mkoa wa Dar es salaam Alhad Mussa Salum baada ya kuvizindua jijini Dar Es Salaam jana.Kulia ni Mkuu wa Jeshi la Polisi nchini Said Mwema na kushoto ni Makamu Mwenyekiti wa Baraza la makanisa ya kipetenkoste Askofu Daniel Aweti

Rais Mstaafu wa Awamu ya Pili Alhaji Alli Hassan Mwinyi(katikati) akizungumza na viongozi wa dini za Kikristo na kiislamu( hawapo pichani) wakati wa uzinduzi wa Kampeni ya Utii wa Sheria bila shuruti ulioambatana na uzinduzi wa vitabu vya "Utii wa sheria ni thawabu pamoja na Baraka za Utii jijini Dar es Salaam jana.(Kushoto ni Inspekta Jenerali wa Polisi Said Mwema na kulia ni Sheikh wa mkoa wa Dar es salaam Alhad Mussa Salum.

Kamishna wa Operesheni wa Jeshi la Polisi Paul Chagonja (wa Pili kutoka kushoto) akiwa pamoja na viongozi wa dini za kiislamu na kikirsto wakifuatilia kwa makini hotuba wakati wa uzinduzi wa Vitabu vya Utii wa Sheria ni thawabu pamoja na Baraka za Utii vilivyozinduliwa jana na RaisMstaafu wa awamu ya Pili Alhaji Alli Hassan Mwinyi.

State of world's human rights 2012

The Amnesty International Report 2012 documents the state of human rights during 2011. In five regional overviews and a country-by-country survey of 155 individual countries and territories, the report shows how the demand for human rights continued to resound in every corner of the globe.

http://files.amnesty.org/air12/air_2012_full_en.pdf

Charles Taylor to Spend Rest of His Life in Prison

By Sethekele Ncube and John Allen, 30 May 2012

Cape Town — The Special Court for Sierra Leone has sentenced former Liberian president Charles Taylor to 50 years' imprisonment for aiding and abetting war crimes in Sierra Leone.

He is expected to serve his sentence in a high security prison in the United Kingdom for his role in the 11-year civil war in Sierra Leone, which claimed about 50,000 lives.

Sentence was passed in The Hague in the Netherlands on Wednesday by a trial chamber of the court comprising Justice Richard Lussick, Justice Teresa Doherty and Justice Julia Sebutinde. Justice Sebutinde, who also serves on the International Court of Justice, is a Ugandan jurist who qualified at Makerere University. The court was set up jointly by the Government of Sierra Leone and the United Nations.

Passing sentence, Justice Lussick recalled testimonies of brutality from witnesses during the trial. In one he cited, a witness said she was forced to carry a bag filled with human heads dripping with blood.

Another witness said she was gang-raped and her mother's eyes were pulled out by rebels.

Amputees who had their limbs cut off in the war will now survive on charity, the judge said. Futhermore, child soldiers and young girls who were raped face stigmatisation.

Taylor denied direct involvement in the war crimes and asked the judge to show mercy, since he is 64 years old and can no longer be a threat to society.

Justice Lussick said the court viewed Taylor's crimes with "the utmost gravity". It rejected a number of defence pleas for mitigation, among them that Taylor had played a substantial role in the peace process and had secured the release of peacekeepers and other hostages during the war. The court said that while Taylor publicly professed to work for peace, he was secretly instigating conflict, and his help with hostages was not a significant mitigating factor.

Nor was Taylor's public service a mitigating factor, the court found, and the sympathy he expressed for victims of the war did not constitute "remorse that would merit recognition for sentencing purposes." The court found as an aggravating circumstance the fact that Taylor exploited the conflict for financial gain.

However, Justice Lussick rejected the prosecution plea for an 80-year prison sentence on the grounds that Taylor was not convicted on the most serious charges he faced. When convicting Taylor, the judges did not accept the prosecution's contention that Taylor had effective command and control over the Sierra Leone rebels he supported.

Before announcing sentence, the judge said there was no precedent for sentencing Taylor. Although his conviction was limited to planning, aiding and abetting crimes, as a head of state, he was "in a class of his own," the judge said, and "the gravity of his betrayal of public trust" had weighed with the court.

The case was heard in The Hague for fear that a trial in Sierra Leone could destabilise the region.

Rwanda Refutes Claims It Is Fuelling War in Eastern DRC

Rwanda's Foreign Minister Louise Mushikiwabo has labelled rumours circulating about the country's involvement in the eastern DRC as "categorically false and dangerous".

She was responding to reports on BBC of a UN report alleging that soldiers had been recruited and trained in Rwanda and then transferred to the eastern DRC to take part in conflict between government and rebel forces.

"Rwanda has maintained from the outset that the current instability in the eastern DRC is a matter for the Congolese government and military.

Rwanda's national interest is served by containing conflict and building deeper bonds of peace with our neighbours, said Mushikiwabo in a statement adding that the international community continues to neglect real issues of stability by limiting itself to symptoms instead of the root cause of suffering in the region region.

Mushikiwabo also urged the UN force in the DRC (MONUSCO) to return to its original mandate instead of spreading rumours and generating reports.

"This billion-dollar-a-year operation makes up one quarter of the UN's entire peacekeeping budget, and yet it has been a failure from day one, said the Minister in a statement released on Monday.

"Instead of pursuing its mandate to eradicate the FDLR menace and help stabilise the region, MONUSCO has become a destabilising influence, primarily concerned with keeping hold of its bloated budgets and justifying its ongoing existence.

Rwanda has received several refugees who are severely wounded and traumatised as a result of the UN's failure to protect civilians in eastern DRC."

According to the Minister, Rwanda has maintained peaceful and constructive relations with the government of the DRC since 2009, since which time both countries have enjoyed a significant "peace dividend",

"Peace in the region enables us to attract investment, slash the poverty rate, and extend the horizons of opportunity for our citizens. That's why claims that Rwanda would undermine good relations with our neighbours are not only wrong, but wrong-headed -- it would be in clear violation of our own national interest.

Mushikiwabo reiterated continued close working relations with the DRC government to bring back peace and security that the people of the region have been denied for far too long.

Since the outbreak of fighting, the Government of Rwanda's primary focus has been providing safe refuge for the 9,239 Congolese citizens who have entered its borders in recent weeks.

Through collaboration with UNHCR, the World Food Programme and the WHO, the refugee situation remains "challenging but manageable.

Gahiji Innocent is the chief political colunist for NewsofRwanda.He grew up in Kampala,Uganda before moving to Rwanda. His column is syndicated to newspapers around the country. He has written columns from Saudi Arabia, Lebanon, Egypt, Israel and South Africa. Gahiji , who has a B.A. degree in English from the University of Illinois, has been a Poynter Media Fellow at Yale University.