Overview of Nigeria’s 2nd Universal Periodic Review National Report

With the creation of the Human Rights Council Universal Period Review, its Working Group established in accordance with Human Rights Council Resolution 5/1 of 18th June, 2007 held its fourth session from 2nd to 13th of February, 2009 to review the human rights record of countries including Nigeria.2 In preparation for the review, the Government of the Federal Republic of Nigeria had constituted a broad-based UPR National Consultative Committee tasked with the responsibility of compiling its first national report on the steps taken as well as the challenges faced in the fulfilment of its treaty obligations. The Committee which comprised representatives from diverse stakeholders working for the promotion and protection of human rights in Nigeria subsequently convened the National Consultative Forum (NCF) and after series of meetings, produced the country’s first UPR national report, through a consultative process that climaxed in a national validation conference. During the deliberation of the forum, every human rights issue was openly discussed and participants were able to express their views freely. The outcome of the NCF is faithfully reflected in the national report.


INTRODUCTION
With the creation of the Human Rights Council Universal Period Review, its Working Group established in accordance with Human Rights Council Resolution 5/1 of 18 th June, 2007 held its fourth session from 2 nd to 13 th of February, 2009 to review the human rights record of countries including Nigeria. 2 In preparation for the review, the Government of the Federal Republic of Nigeria had constituted a broad-based UPR National Consultative Committee tasked with the responsibility of compiling its first national report on the steps taken as well as the challenges faced in the fulfilment of its treaty obligations. The Committee which comprised representatives from diverse stakeholders working for the promotion and protection of human rights in Nigeria subsequently convened the National Consultative Forum (NCF) and after series of meetings, produced the country's first UPR national report, through a consultative process that climaxed in a national validation conference. During the deliberation of the forum, every human rights issue was openly discussed and participants were able to express their views freely. The outcome of the NCF is faithfully reflected in the national report.
Following the timely submission of its first national report alongside other reports from the United Nations Special Procedures and Treaty Bodies reports, national human rights institution's report and civil society shadow reports, Nigeria underwent its first review before the Human Rights Council in Geneva on 9 th February, 2009 with Japan, Djibouti and Switzerland appointed by the Human Rights Council to serve as rapporteurs (troika). A list of questions was prepared in advance by Czech Republic, Denmark , Ireland, Germany, Latvia, Lithuania, Netherlands, Sweden, and United Kingdom of Great Britain and Northern Ireland and was transmitted to Nigeria through the troika. The Nigerian 26 member high level delegation was jointly headed by the Minister of Foreign Affairs and the Minister of Justice. Addressing the Human Rights Council and while presenting its first national report to the Human Rights Council, the Nigerian delegation adopted its National Report previously submitted and provided a summarised overview of its demography, political, social and economic backgrounds. 3 In its opening remarks, the delegation thanked the participating countries for their advance questions and noted that since the UPR was a nascent mechanism, it was imperative to ensure that the review achieved its desired objectives. Consequently, although the UPR process allows information from non-governmental organisations and national human rights institutions to be considered as elements for the review, the delegation pointed out that such information must be factual, objective and constructive. The delegation was therefore surprised at the reports on Nigeria by stakeholders, not only by their many unsupported statistics and unfounded allegations, but also by the quality of the language used to characterise a free and sovereign State. They noted that preposterous allegations were not only patently false, but also completely unhelpful to the UPR process and wondered if there are no ethical limits to the allegations that NGOs can make against sovereign States in the UPR process.
Furthermore, the delegation indicated that Section 45 of the Constitution provides for specific restrictions on, and derogation from, the fundamental rights guaranteed in this chapter, only to the extent that those measures are reasonably justifiable in a democratic society, and in the interest of defence, public safety, public health, public order or public morality; for the purpose of protecting the rights and freedoms of other persons; in periods of state of emergency; and in the execution of the sentence of a competent court.
In addition to the Constitutional guarantees, the delegation enumerated other legislations and policies that provide for specific promotion and protection of the rights of vulnerable groups such as Women, Children, Refugees and Internally Displaced Persons (IDPs), Victims of Trafficking and Forced Labour, Persons Living with HIV-AIDS, the Elderly and Victims of War, etc. They further highlighted that the Child Rights Act, 2003, overtly domesticated the United Nations Convention on the Rights of the Child and that of the African Union Charter on the Rights and Welfare of the Child, guaranteeing the survival, development and protection of children.
These international and regional frameworks were reported by the delegation to have boosted national legislation in Nigeria in several aspects relating to child protection such as the prohibition of child hawking, child begging, child trafficking, all forms of child labour, sexual and economic exploitation of children, harmful traditional practices affecting children (such as child marriage and betrothal), withdrawal of children from schools for hawking or begging or marriage and female genital mutilation (FGM). In addition, the delegation pointed out that the Anti-Trafficking Act 2003, as amended in 2005 (NAPTIP Act), seeks to protect women and children as victims of trafficking and other forms of exploitation.
In terms of developing appropriate policy frameworks, the delegation also enumerated other national policies aimed at ensuring the effective realisation of the rights of women and children in Nigeria, including National Strategic Framework and Plan of Action for VVF Eradication in Nigeria In the area of right to education, the delegation revealed that significant progress has been recorded all over the country. They mentioned the adoption of the National Policy on Education 2004 which provides for early childhood/pre-primary education, primary education, secondary education, mass literacy, adult and non-formal education; science, technical and vocational education, tertiary education, open and distance education, special education, educational services, planning, administration and supervision of education, financing education. In addition, the Strategy for the Acceleration of Girls' Education in Nigeria which seeks to achieve gender parity in access to retention, completion and achievement in basic education by 2015 had been adopted.
In response to the recommendation of the Vienna Declaration and Programme of Action on the desirability of drawing up a national action plan by each State, for identifying steps for improving the promotion and protection of human rights, the delegation reported that the Federal Government of Nigeria, in collaboration with the National Human Rights Commission, Civil Society Organisations and non-governmental organisations developed and adopted a National Action Plan (NAP). The NAP, which is an integrated and systemic strategy for advancing human rights in the country, highlights, among others, an audit of the human rights situation in the country, concrete measures for the promotion and protection of human rights, and a framework for a coordinated approach to human rights issues. According to the delegation, the NAP has been translated into the major languages in the country in order to facilitate its access to a wider segment of the Nigerian society, with publicity support by the national media.
The delegation also enumerated bills that were receiving due consideration for passage by the National Assembly and necessary assent of the President including the Bill for an Act to provide for measures to combat terrorism and for For the purpose of ensuring effective promotion and protection of human rights, access to justice, safety and security in Nigeria, it was reported that additional laws with human rights impact were pending before the National Assembly for amendment.

COMPLIANCE WITH INTERNATIONAL OBLIGATIONS
The delegation stressed the fact that the Federal Republic of Nigeria has been an active and responsible member of the United Nations, conscious of its international obligations and has as such associated itself with all the relevant international instruments on human rights and humanitarian law including the Universal Declaration of Human Rights. The delegation adduced that Nigeria fulfilled, to a large extent, its commitments to the Human Rights Council, including active participation in the work of the Council, cooperation with the Special Rapporteurs and Mandate Holders, support for the National Human Rights Commission, commitment to human rights instruments, and support for all strategies at regional and international levels aimed at promoting human rights. With regards to regional and international human rights instruments and protocols that Nigeria was yet to sign, the delegation disclosed that Government was determined to ensure that they were signed, ratified or domesticated as the case may be without delay. In the case of the Convention on the Prevention and Punishment of the Crime of Genocide; the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families and the International Convention for the Protection of all Persons from Enforced Disappearance, it was reported that Government had already set in motion the necessary processes of their accession. The delegation concluded by noting that the CEDAW bill was with the National Assembly for domestication; however, Articles 12 and 16 of the Convention would become a source of vibrant discussion in the Assembly, prompting the President to engage the legislators to facilitate passage.

INSTITUTIONAL MECHANISM
The delegation highlighted the establishment of several institutional mechanisms for the promotion and protection of human rights in Nigeria, including judicial intervention and other measures to create requisite human rights jurisprudence. It pinpointed that Section 46 of the Nigerian Constitution preserves the original jurisdiction of the courts to hear and determine applications for the enforcement of fundamental human rights and in several cases, the courts had enforced human rights by issuing the writs of Habeas Corpus, Certiorari, Mandamus and Prohibition. As an institutional mechanism for the promotion and protection of human rights, the delegation noted that the National The delegation reiterated that the Commission has the mandate to promote and protect all human rights without distinction, investigate and monitor human rights violations and make appropriate recommendations to the Government as well as to seek redress and remedies for, and assist victims of human rights violations. The Commission, according to them, is also mandated to publish periodic reports on the human rights situation in Nigeria, undertake studies on specific human rights issues, organise and participate in local and international conferences and seminars on human rights. It also liaises and cooperates with local and international NGOs as well as inter-governmental organisations dealing with human rights issues. Furthermore, the delegation hinted that the National Human Rights Commission engages in legislative advocacy on matters concerning human rights and had received over three thousand complaints since its inception, with 60 per cent of these treated so far, while the rest were at various stages of investigation and action. Since its establishment, the Commission has according to the delegation been committed to its objectives and has succeeded in addressing thousands of complaints linked to rigid bureaucratic practices, abuse of office, administrative oppression and suppression by individuals in power. It was stated that in situations of administrative lapses, the Commission acts as a watchdog against injustices by ensuring that government functionaries treat matters affecting Nigerians fairly, respectfully and promptly. According to the delegation, in 2006, the PCC successfully resolved 15,485 complaints out of the 22,384 complaints it received across the country and that the Commission has continued to receive more complaints annually because of the increased awareness of its existence and the valuable services it has been rendering, especially at the grassroots level.
The delegation also mentioned that another institutional framework for the promotion and protection of human rights is the Legal Aid Council of Nigeria, established by the Legal Aid Act No. 56 of 1976 to contribute immensely to the promotion of human rights and adherence to the rule of law. This is a parastatal under the Federal Ministry of Justice responsible for the provision of free legal aid services to any needy Nigerian, whose income does not exceed the minimum wage or those who cannot afford the services of private legal practitioners. It narrated that the Commission coordinates the activities of lawyers who provide pro bono services, and its staff visit prisons to monitor the conditions of detainees.
Besides its jurisdiction over such cases as murder, manslaughter, malicious or grievous bodily harm, assault occasioning actual bodily harm, stealing, affray and rape, it undertakes civil claims in respect of accident cases and claims for damages for breach of human rights. The delegation presented that in Nigeria, the Senate and House of Representatives (the two houses of the National Assembly) have committees on human rights, judiciary and legal matters with oversight function on national human rights institutions and other government agencies to ensure effective promotion and protection of human rights.
Accordingly, the National Assembly, as explained by the delegation, also has a specific responsibility for the domestication of all international instruments and that some of the legislations passed, or are in the process of being passed by the Assembly include the National Action Plan on Human Rights, Domestication of the International Convention on the Rights of the Child into the Child Rights Act, the Freedom of Information Bill, Anti-discrimination Bill, Prison Reform Bill, Administration of Justice Reform Bill, and Debate on the Death Penalty.
Furthermore, the delegation disclosed that the relevant Committees of the National Assembly are also engaged in the promotion and protection of human rights through their collaboration with the National Refugees Commission, National Human Rights IJMRA, Volume 4 Issue 6 June 2021 www.ijmra.in Page 803 Commission, as well as meetings with human rights civil societies and non-governmental organisations. Future activities of the Committees, according to the delegation include public hearing on the status of the refugees and internally displaced persons in Nigeria, public hearing on Nigeria's ratification of international human rights instruments, consultations with National/State Houses of Assembly on legislation for the promotion and protection of the rights of women and children.
On law enforcement agencies and human rights, the delegation reported that the obligation to respect human rights by all law enforcement agencies like the police, prisons, security institutions, etc. is contained in Chapter 4 of the Constitution, the Police Act and other legislations or enabling national laws. In addition, all law enforcement agents have the obligation to respect the provisions of the various human rights and humanitarian laws to which Nigeria is a signatory. In pursuance of this, it was reported that all law enforcement outfits have established human rights desks for the purpose of human rights training, as well as monitoring activities of the law enforcement agents to ensure that they comply with acceptable human rights standards. Recalling an incident that shocked the nation about the activities of a religious cult in Akwa Ibom State of the country, whose leader not only stigmatised children as "Witches" or "Wizards" but sometimes tortured them, resulting in deaths, the delegation reported that the police had prosecuted the cult leader and his accomplices on account of this and for purposes of speedy trial, the State also created a special family court to determine matters pertaining to children. In response to this barbaric practice and in addition to being amongst the states in Nigeria to have made primary education free and compulsory, the delegation recounted that the Akwa-Ibom State Government passed a law against this cultic practice in December 2008, making conviction for this offence punishable with ten years imprisonment.

OTHER HUMAN RIGHTS ACHIEVEMENTS
In a similar note, the delegation also highlighted that the National Health Care Development Agency (NHCDA), in collaboration with development partners had concluded arrangements for the nation-wide Integrated Measles Campaign covering 25 million children, and the immunization of 30 million children under the age of five against Polio before the end of 2008. Over 150,000 health workers and monitors had been deployed nationwide to ensure the success of the exercise at the time. It was reported that owing to the difficulties encountered a few years ago in some parts of the country, religious and community leaders were involved in the planning, promotion and implementation of the immunization programme.
On service delivery in order to facilitate citizens' access to public service, the delegation reported that government established the Service Compact (SERVICOM) in 2001, principally to provide quality services to the Nigerian public through trained staff, who are sensitive to the needs of their clients. This set out clearly the entitlements of the citizens in their dealings with Ministries, Departments and Agencies of Government. It also listed fees payable (if any) by members of the public for services provided for government functionaries while providing details of agencies and government officials handling complaints from members of the public.
As regards the fight against corruption and its impact on the effective realisation of economic and social rights, the Nigerian delegation highlighted that one of the biggest dividends of democracy is the determination of Government to combat corruption in all its manifestations. Corruption has been identified not only among the vices militating against economic growth in Nigeria, but also government's determination to provide the citizens with the basic economic, cultural and social rights. In its determination to combat corruption, the delegation reported that Government had put in place the necessary institutional and policy framework to check this vice, especially by public office holders. It was reported that substantially satisfactory progress had been recorded, which led to an improvement, at the time, in Nigeria's rating in the Transparency International Corruption Perception Index.
The Nigerian delegation equally noted that Government's interventions through the establishment of committees to review laws on access to justice over criminal matters, the assignment of case files of Awaiting Trial Persons to private Legal Practitioners at the expense of Government, the review of the Evidence Act, the establishment of a national working group on the Death Penalty, IJMRA, Volume 4 Issue 6 June 2021 www.ijmra.in Page 804 the establishment of the Presidential Committee on the review of the administration of justice, the enactment of Administration of Justice Commission Act 1991 and the establishment of Human Rights desks for the enlightenment of prison officials all contributed to prison decongestion in Nigeria. It was reported that the total population of prison inmates had reduced significantly due to the Federal Government's Prison Reform Programme and that there were also considerable improvements in the welfare of prison inmates and gradual reduction in the number of prison inmates, especially those awaiting trial.

CHALLENGES AND REMEDIAL MEASURES
The delegation noted that there had been allegations of extra-judicial killings against members of the Nigerian Security Agencies, especially the Police and indicated that government had promised to look into these allegations in accordance with the law.
Confirming that the Government of Nigeria neither sanctioned, nor allowed extra-judicial killings to be carried out with impunity in the country, the delegation reported that the National Assembly had intervened in this matter, with the Senate passing a motion, calling for a thorough investigation of the allegations of extra-judicial killings against members of the security agencies. Also, it was reported that several positive redress developments have emerged from these violations as exemplified by the conviction and sentencing to death of three policemen for the killing of six persons whom the police had described as armed robbers in Kogi State.
Also the sentencing to death of three policemen by a Federal High Court in Abuja, for killing some traders in the Apo District of Abuja formed part of the efforts to engender greater respect for the human rights of all Nigerians by law enforcement agents even as the National Human Rights Commission commenced independent investigations in respect of these allegations. On torture, the delegation noted that the incident was neither widespread nor sanctioned as a state policy, however it was indicated that the government had adopted better investigative policies and the acquisition of forensic equipment in police investigations. On death penalty, the delegation revealed that Government had noted the global trends for a moratorium on the death penalty while highlighting that the Constitution of Nigeria guarantees the right to life. It was recounted that although death penalty is in Nigeria's statute book, it is rarely applied and thus tantamount to the adoption of self-imposed moratorium.
On same-sex marriage, gay and lesbian relationship, the delegation noted that sexual minorities are not visible in Nigeria, and there is no officially registered association of gay and lesbians. It further noted that the views of more than 90 per cent of the participants was that gay-lesbian relationship or same-sex marriage was not a human rights issue in Nigeria. The laws of Nigeria recognised marriage as a relationship between a man and a woman. It was stated that like every democracy, those who want a change in the existing laws have to come out and lobby for the change they desire. On the issue of harmful traditional practices, the delegation observed that in spite of government's enlightenment programmes and the efforts of several national and international NGOs, there were still parts of Nigeria that engaged in some harmful traditional practices, like female genital mutilation, early marriage, widowhood rites, etc.
The delegation concluded that Government had renewed its resolve to work closely with all stakeholders in order to achieve this objective with a vigorous enlightenment campaign at the grassroots, preferably led by traditional, religious and other opinion leaders, as a way of eradicating these practices. Responding to the challenge of overcrowded detention centres and poor prison conditions while welcoming the support and cooperation of all stakeholders in this endeavour, the delegation noted that although there had been improvements in the prison conditions since the visit to Nigeria in 2007 by the United Nations Special Rapporteur on Torture, there was still room for improvement. It was their hope that the on-going reforms in the police and prison systems would address those existing concerns. However, in addition to the necessary institutional reforms and attitudinal changes, substantial amount of financial resources, they maintained, is required in order to raise the condition of Nigerian prisons to the desired standards.
On rights of women and children, the delegation identified the Child Rights Act (2003) as a good legal and policy basis for the promotion and protection of the rights of children in spite of the fact that some states of the Federation have issues with some of its provisions on the grounds of culture or religion. On the difficulties associated with the domestication of the Convention of the Elimination of all Forms of Discrimination Against Women (CEDAW) also dogged by cultural and religious divisions, the delegation expressed the hope that the personal efforts being made by the President to ensure the early passage of the bill would yield the desired result. It noted that the Nigerian law has copious provisions to safeguard the rights of women against abuse and all forms of maltreatment. Claiming that there is no need for a special law on violence against women, the delegation stated that assault and battery have been made subject of both civil and criminal laws, with the criminal aspects attracting very stiff and severe penalties.
IJMRA, Volume 4 Issue 6 June 2021 www.ijmra.in Page 805 The delegation viewed the situation in the Niger Delta more in the context of political and environmental problems, which have implications for the full enjoyment of human rights. It highlighted government's initiatives, such as the creation of the Presidential Technical Committee on Niger Delta, the Truth and Reconciliation Committee by the Government of Rivers State, and the creation of a Ministry of Niger Delta by the Federal Government as steps in the right direction. Also on the environmental challenges in the Niger Delta, especially arising from oil spillage, flaring of gas, water and land pollution and their economic and health implications, the delegation concluded that addressing the twin problems of politics and environment in the area would have a salutary effect on the full enjoyment of human rights by the inhabitants of Niger Delta.
On the challenge relating to the justiciability of the economic, social and cultural rights, the delegation noted that any change would mean amending the relevant sections of the Nigerian Constitution. However, it observed that some State Governments had made remarkable progress in this area, especially in the provision of health and education. While appreciating the argument put forward by advocating changes in the law to make government legally responsible for the provision of these rights, the delegation noted that the cost of implementing this programme was far above the means of government.
In spite of government's best efforts to promote human rights in the country, the delegation narrated that Nigeria is still beset with several challenges and constraints compounded by its plural nature and size including the multi-ethnic, multi-cultural and multi-religious nature of Nigeria which has created practical difficulties for the harmonisation of views, strategies and programmes for the promotion and protection of human rights. Another challenge mentioned by the delegation is the tripartite legal system, (federal, state, local) which permits the making of laws at the three tiers of government, especially in respect of personal law and certain traditional practices, which violate human rights. Similarly, the long period of military rule, with its undemocratic culture especially among the security forces was highlighted by the delegation.
To address these challenges and constraints, the delegation reported that the Government of Nigeria had adopted key national priorities, initiatives and commitments tied to the Seven-Point Agenda of the Government which would ultimately impact positively on the enjoyment of human rights in Nigeria, especially the economic, social and cultural rights. In the same respect, the delegation reported that the government had developed a National Action Plan (NAP) on the Promotion and Protection of Human Rights in the country. As a product of collaboration between the government on one hand, and the National Human Rights Commission and civil society organisations on the other, the delegation noted that the Federal Executive Council had approved the Plan in November 2008. This plan heralded the first time in Nigeria that the government was committing itself in writing, not only to protect and promote human rights in the country, but also to work closely with the civil society organisations and international human rights non-governmental organisations in the achievement of this objective.
As a mitigating measure, the delegation reported that the Police and Court Duty Solicitor Scheme (PCDSS) was established by the Legal Aid Council in collaboration with the Nigeria Police Force, the Open Society Justice Initiative and McArthur Foundation, to tackle the problems of pre-trial detention in Nigeria. The Council, it was reported, also provides Community Legal Aid Clinic to rural communities by way of alternative dispute resolution, community sensitisation and awareness campaign, crime prevention and post-allegation assistance. Also, it recalled that the Government had mandated the Nigerian Law Reform Commission since 2006 to embark on the reform of the Nigerian Family Law in three phases.
As efforts to combat child trafficking, it was reported that Government had adopted collaborative initiatives with various stakeholders on human trafficking which resulted in the design, implementation and monitoring of programmes to rescue, rehabilitate and reintegrate victims of human trafficking. In line with international standards, careful plans were developed for reception, sheltering, and counselling of each trafficked person, including a tracing mechanism for reuniting victims with their families, skills acquisition programmes and start-up grants/loans. According to the delegation, the National Agency for Prohibition of Trafficking in Persons established shelters in many parts of the country, in some cases with the support of the International Organisation for Migration and UNICEF.
Other remedial initiatives include commitment under the National Policy on Education, to carry out a census of all physically or emotionally challenged children with a view to meeting their special needs, the establishment of a National Gender Data Bank for the purpose of generating and analysing data on the prevalence and pattern of violence against women and discriminatory practices; introduction of the National The delegation highlighted the expectations of Nigeria in terms of technical assistance for human rights programmes and noted that the Government of Nigeria was expecting international support in the area of training to enhance capacity for legal aid officials, increased funding and capacity building for legal aid institutions, and equipment for modernisation of court systems and processes. It also reported that the government is also expecting support in the human rights training for police officers, material support for Human Rights desks at police establishments, training for investigation officers, and training and equipment in forensic technology. On environmental protection, it was reported that the government expected technical assistance in the control of desertification and erosion, as well as in ecological recovery in communities under the effects of oil spillage and gas flaring.

CONCLUSION
In its concluding remarks, the delegation noted that Nigeria hoped that by this report, it had given a true and better picture of Nigeria's efforts at promoting and protecting human rights in the country and had contributed to the development of regional and international strategies for achieving human rights objectives. Whereas there are still challenges, the delegation noted that Nigeria was confident that she would, in collaboration with others, overcome them sooner than later. The delegation also noted that Nigeria wanted to use the opportunity provided by the review to assure the Council that in spite of obvious difficulties and constraints, she was determined to fulfil all obligations under international human rights instruments to which she is a State-Party.
The delegation restated that the opportunity created by the Universal Periodic Review, broadened national consultations on human rights issues, bringing together for the first time, representatives of government, civil society and various interest groups, which had proved to be a veritable innovation for fostering greater understanding and unity among sectors with divergent views on human rights in Nigeria. Noting the gains of the broad levels of consultations on human rights issues during the preparation of the national report, the delegation maintained that the Government of Nigeria, was committed to making such consultations an annual event.