Killing the National Human Rights Commission Slowly
The APC and Human Rights “......Our party in Government will be committed to policy objectives to uphold and enforce the fundamental human rights as enshrined in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999. An APC government will give unflinching support to agencies, bodies and organisations charged with the responsibility of protecting these rights.... As APC in government, we will (1) Provide necessary support to enable the National Human rights Commission to discharge its functions effectively” -Section 15, Manisfesto, All Progressives Congress (APC)
Akey feature of Buhari’s administration policy statements, is a commitment to improving the quality of life of all Nigerians irrespective of ethic group, religion, disability, gender, money or any other difference. The APC manisfesto, places respect for Human Rights at the heart of this commitment. Human rights are the fundamental freedoms and rights, to which all Nigerians are entitled. They are built on universal values, such as dignity, equality, freedom, autonomy and respect, first set down in the Universal Declaration of Human Rights 69 years ago, and now grounded in the Nigerian Constitution and international laws. In addition to the human rights provisions to be found in Chapter IV of the 1999 Nigerian Constitution, Nigeria is a party to most of the Africa specific and International Human Rights treaties. The Attorney-General of the Federation, has at every opportunity affirmed the commitment of the Buhari administration to a detailed policy and legislative programme, to realise the fundamental human rights provided for in our constitution.
A human rights friendly policy statement, and an affirmation of a commitment to the protection of human rights, are no doubt important milestones towards respect for citizens’ rights. The immediate challenge however, is how to make human rights an every day reality for Nigerians. The governance of humans, is complex and diffuse. The three arms of government are involved, together with other national institutions and civil society. Among these, the National Human Rights Commission of Nigeria (the Commission) occupies a unique position.
National Human Rights Commission The Commission was established by the National Human Rights Commission (NHRC) Act, 1995, as amended by the NHRC Act, 2010. Broadly, its mandate includes the promotion of respect for human rights; engendering a culture of human rights and monitoring the observance of human rights in Nigeria. More importantly, the Commission provides an accessible and affordable redress mechanism for victims of human rights violation. The Commission has over the years, contributed to the development of our understanding of human rights in our homes, our schools, at work and in our communities. It has built on international best practice, and responded to the current political and economic context in Nigeria. The Commission has led the debate, about how human rights can form part of Nigeria’s constitutional framework. In general, the work of the Commission reflects where Nigeria is, on its journey to fully realise human rights.
NHRC: Lack of Adequate Funding These achievements, are now in danger of being reversed. The funding of the Commission, has over the years been in steady decline. It is a paradox of some sort, that a Commission that was set up to provide support and assistance to the indigent and vulnerable, is now itself on the verge of being indigent and vulnerable, due to the inability of successive governments to prioritise its funding. Many of us who engage the Commission daily, know that It is becoming increasingly difficult for the Commission to function effectively. This is noticeable, in its monitoring and investigation of complaints throughout Nigeria. Protecting the rights of persons who come in conflict with the law, including the more than 40,000 persons on awaiting trial in prisons nationwide; dealing with complaints of victims of demolitions and forced evictions; oil spillage and environmental pollution complaints, are some of the interventions that are being threatened. No less important, is the human rights dimension of the insurgency in the North East, and other internal security operations in the North Central, South East and South South.
The reality of the Commission today, is that much of its funding comes from development partners and international donor agencies. While there is nothing wrong with seeking international partnerships in enhancing the rights of Nigerians, there is obviously much that is wrong with a Commission that has to depend on the sympathy of the international community, for its survival. Our country is a sovereign, democratic state founded on values that promote and protect fundamental human rights and freedoms. We disempower our citizens and convey a negative message to the world, if we are seen to struggle with appropriately endowing one of our important state institutions created to support our constitutional democracy.
Need for Urgent Reconstitution of NHRC Governing Council
Quite aside from the matter of funding, is the inexplicable delay in re-constituting the Governing Council of the Commission. The absence of its Council, has left the Commission without the added expertise and necessary authority to engage government, non-governmental stakeholders and the international community. At the very least, the Governing Council will have been able to remind the Buhari administration, that our democracy is strengthened and entrenched, when Nigerians are fully aware of their fundamental human rights and consciously lay claim to these. That a functional Commission, is crucial to building a country that is fair to all Nigerians, a country in which all Nigerians feel and know that they are valued citizens of Nigeria and that they have rights that respect human dignity, promote human development, foster human equality and advance human freedom.
Recommendations Going forward, the Buhari administration must support the Commission, fully conscious of the need to affirm Chapter IV provisions in the 1999 Constitution and our regional and international human rights obligations. Having been granted “A” Status by the Office of the High Commissioner For Human Rights, we must now embrace our international responsibilities. It will be regrettable if the status of the Commission, is downgraded simply because the administration has not paid much attention to its existence. There is of course a broader discussion that needs to be had, on the rationale behind paying lip service to supporting institutions of government, when in reality we have neither the political will nor the desire to ensure that they are appropriately endowed.
Endowment Secondly, still on the issue of endowment, the National Human Rights Commission Act, provides for the endowment of a Human Rights Fund. The need for the activation of the fund by the Federal Government at this point in time, cannot be overemphasised. The Human Rights Fund quite aside from programme support for the Commission, can help deliver progress in a number of areas, especially strengthening coordination between the Commission and Human Rights NGOs working across diverse areas, but with emphasis on protecting the rights of minorities and vulnerable persons, particularly women and girls; supporting the enactment and implementation of public interest legislation; and helping to create a more tolerable space for public debate on ethnicity and religion. Twin issues, that continue to overheat public space.
Special Intervention Fund Thirdly, without prejudice to proposal for the endowment of a Human Rights Fund, in the immediate, the Presidency should give consideration to a special intervention fund, to enable the Commission provide leadership to the monitoring of the human rights situation in the North East. It is simply inexplicable that, given concerns from the international community on the rights situation in the insurgency areas and the effects on purchasing military wares and equipment necessary for the sustainable degradation of the insurgents, there has been no deliberate effort to recognise the Commission, as an important stakeholder in the war against insurgency. It is scandalous that the Commission that should be monitoring and investigating rights violations and compliance of security forces with rules of engagement, does not have a single project vehicle for this purpose.
Finally, it is worth repeating that the Governing Council of the Commission, should be reconstituted without further delay. Nigeria cannot afford to have its human rights commission, exist in name only. The Buhari administration is the outcome of the desire of majority of Nigerians, for a deep and thoroughgoing structural transformation, that is inextricably linked to a culture of human rights. It will be truly regrettable, if the one state institution that could potentially facilitate the realisation of our aspiration, is allowed to die on its watch.
"IT IS A PARADOX OF SOME SORT, THAT A COMMISSION THAT WAS SET UP TO PROVIDE SUPPORT AND ASSISTANCE TO THE INDIGENT AND VULNERABLE, IS NOW ITSELF ON THE VERGE OF BEING INDIGENT AND VULNERABLE, DUE TO THE INABILITY OF SUCCESSIVE GOVERNMENTS TO PRIORITISE ITS FUNDING"