Cablegate: Nigeria Human Rights Roundup for June 2006
VZCZCXRO0916
PP RUEHMA RUEHPA
DE RUEHUJA #1838/01 1981604
ZNR UUUUU ZZH
P 171604Z JUL 06
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 6494
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHOS/AMCONSUL LAGOS 4616
RUEAIIA/CIA WASHDC
RUEKDIA/DIA WASHDC
UNCLAS SECTION 01 OF 03 ABUJA 001838
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: PHUM PGOV PREL NI
SUBJECT: NIGERIA HUMAN RIGHTS ROUNDUP FOR JUNE 2006
REF: A. ABUJA 01547
B. ABUJA 01660
C. ABUJA 01653
D. ABUJA 01355
E. LAGOS 00874
1. SUMMARY. To augment the required annual reporting,
Embassy Abuja will be sending regular round-up cables
detailing human rights incidents in Nigeria. This cable
mimics the format of the Annual Report on Human Rights and a
section at the end will discuss issues to which we will be
paying particular attention. We will continue to send cables
about individual events as needed. END SUMMARY.
RESPECT FOR THE INTEGRITY OF THE PERSON, INCLUDING FREEDOM
FROM:
2. Arbitrary and Unlawful Deprivation of Life. Crime
statistics from the local police say that in the first week
of June, 41 robbers were arrested and there were 8 "dead
robbers." Post has no information on how these suspects
died, and statistics were not given for other weeks.
3. Arbitrary and Unlawful Deprivation of Life. Police
policy requires that the police must issue a written report
before a victim of a gunshot wound can be treated in
hospital. This level of delay could have fatal consequences
for the victim. Media reports speculate that sometimes
reports are delayed due to police involvement in a shooting.
Post cannot independently confirm any individual cases in
which this has happened, but we will continue to monitor the
situation and report any new developments.
4. Arbitrary and Unlawful Deprivation of Life. Media
reports from Anambra State say that police conducted a major
raid on MASSOB, the Movement for the Actualization of the
Sovereign State of Biafra. 69 people were arrested and 2
were killed. Afterwards, the local police chief told the
media he believed the earlier kidnappings of 4 of his
officers were tied to MASSOB, thus raising the possibility
the raid was in revenge.
5. Arbitrary and Unlawful Deprivation of Life. Media
reports indicate Juth Akpowbo was arrested in Kano State
after being accused of robbing the staff quarters of Bayero
University. Two weeks later, he died in hospital after
apparently never having been released from custody.
6. Arbitrary Arrest or Detention. A U.S. citizen
photojournalist was arrested in Bayelsa State after taking
pictures of an oil installation. Established government
policy prohibits photographing official installations. The
photographer was detained by State Security for 3 days before
being released without charges.
RESPECT FOR CIVIL LIBERTIES, INCLUDING:
7. Freedom of Speech and Press. As post reported in septel
(Ref A and B), agents of the State Security Service (SSS)
raided the offices of Africa Independent Television (AIT) on
June 14 and arrested presenter Gbenga Mike Aruleba. The
previous day, he had read on air a report critical of the
government. He was released the next day on bail, but later
re-arrested along with journalist Rotimi Durojaiye. The
arrests were due to a story Aruleba aired and that Durojaiye
wrote saying President Obasanjo had purchased a second hand
airplane after having received funds to buy a new plane.
Both journalists were released on bail June 29, but face
another hearing July 25. They are being charged with
sedition.
8. Freedom of Speech and Press. In late March, Freedom
Radio in Kano was restricted by the GON and not allowed to
broadcast each day from 5 p.m. to 10 p.m.-- prime hours for
revenue generation. While the ban only lasted a few days, it
came in response to Freedom Radio's airing of live call-in
shows where many people were openly critical of the
government.
9. Freedom of Peaceful Assembly and Association. The
Nigerian legislature is currently considering an "anti-gay
marriage" bill. However, homosexual acts are already illegal
in Nigeria. Section 7 of the new bill would ban the
"registration of gay Clubs, Societies, and organizations" and
would penalize anyone who does not turn in other people
involved in advocacy of gay issues. Post will continue to
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monitor the progress of this legislation.
10. Freedom of Peaceful Assembly and Association. Embassy
contacts report that the Public Order Act has been used to
break up political gatherings critical of the government.
One contact, a member of the federal House of
Representatives, says he was at an anti-third term rally this
spring which was broken up under writ of this act.
11. Freedom of Religion. An embassy contact in the
Christian community from Kaduna state aired complaints
against the implementation of sharia law in his state. The
resources of the state are being used to administer justice
in sharia courts, but people who are not Muslim are excluded
from receiving employment or otherwise participating in these
courts. This contact's problem with sharia law was not the
severity of its punishments but that in sharia courts state
resources are being used to the benefit of only one faith
group. Authorities respond that traditional courts (distinct
from the normal civil courts) could hear cases from other
religious groups. While these courts might be helpful to
traditional religious groups, they are not useful to
Nigeria's large Christian population.
12. Freedom of Religion. In theory, justice from sharia
courts is only applied to Muslims who choose to participate
in those courts. However, the same Embassy contact alleges
that the cases of people who are not Muslim are being brought
before Sharia courts. Additionally, sharia courts threaten
severe punishment against those who leave Islam, thus
limiting the ability of a Muslim to change his faith or for
someone of another faith to practice outreach to Muslim
communities.
RESPECT FOR POLITICAL RIGHTS: THE RIGHT OF CITIZENS TO CHANGE
THEIR GOVERNMENT
13. Elections and Political Participation. IFES, an
international democracy building NGO, held a series of
election conferences which concluded this month (Ref C).
They pointed out many challenges Nigeria faces in preparing
for next year's elections. One difficult issue is that the
tribunals set up to hear election disputes do not have the
power to implement their decisions. Another problem is a
lack of trust among the polity which increases the likelihood
someone will challenge the elections as unfair. The
conference series also pointed to violence surrounding the
2003 elections and said the problem would likely recur in
2007 without important legal changes.
14. Government Corruption and Transparency. Media reports
indicate that on June 6, President Obasanjo sent a report to
the House of Representatives explaining why he withdrew 2.1
billion naira (16.4 million USD) from a petroleum account in
support of the national census in March. Accusations
persisted in the media for the rest of the month that proper
channels were not followed for the withdrawal, and it appears
the money was poorly accounted for. His explanation was that
the money was needed on an emergency basis when the census
had to be extended. The investigation continues.
GOVERNMENT ATTITUDES REGARDING INTERNATIONAL AND
NONGOVERNMENTAL INVESTIGATION OF ALLEGED VIOLATIONS OF HUMAN
RIGHTS
15. A representative of an international NGO concerned with
democracy promotion had to leave the country on an emergency
basis and return to the U.S. this month due to an issue with
the registration of his group. The group continues to
operate, and the embassy is investigating to determine
exactly what happened.
DISCRIMINATION, SOCIETAL ABUSES, AND TRAFFICKING IN PERSONS
16. Women. An NGO contact says that Nigerians describe
widowhood practices, particularly in the South of the
country, as "obnoxious." As an example, she mentioned that
inheritance laws vary from state to state and frequently
limit women's ability to inherit property when their husbands
die. This results in some widows having no means of
financially supporting themselves. An embassy contact who is
a member of the House of Representatives indicated he has
introduced a bill trying to alleviate the problem, but that
it has been swamped underneath what legislative leaders
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believe to be more pressing issues.
17. Trafficking in Persons. The TIP report released this
month says that the national anti-trafficking agency, NAPTIP,
is making valiant efforts to combat trafficking in Nigeria.
However, a difficult operational environment hampers their
efforts. Their headquarters was recently broken into by a
group of between 20-40 men. The assailants tied up 2 guards.
The embassy has received conflicting reports as to whether
other staff were tied up, although no staff were seriously
injured. PolOffs saw two heavily damaged file cabinets which
had been broken into. The director of NAPTIP says that
nothing was missing, thus causing speculation that the
robbers did not find what they were looking for.
Additionally, the home of a staff member was broken in to.
Police have not developed any leads.
18. National/Racial/Ethnic Minorities. Human Rights Watch
issued a report this spring, confirmed by contacts of PolOff,
pointing out problems caused by discrimination against
Nigerians not considered to be "native" to the region or city
in which they reside. (Note: Nigerians are considered to be
"indigenes" or natives of the home of their paternal
relatives. End note.) As a result, people living in parts of
the country which are not their "native" lands frequently
experience discrimination from civil authorities.
WORKER RIGHTS
19. The Right to Organize and Bargain Collectively. NITEL,
the national telephone company, went on strike the first week
of June (Ref D and E). This caused all land line telephones
in the country to stop working for several days. The strike
began because workers had not been paid in several months.
At least 4 representatives of the National Association of
Telecommunications Employees were arrested, although there
are no charges known to be pending against anyone. The
strike was eventually settled with no further reprisals.
20. Acceptable Conditions of Work. As reported in the
previous item, the NITEL workers had not been paid since
February 2006. The money which was eventually released to
them did not meet the entire amount of their back wages and
benefits.
TRENDS TO WATCH
21. Preparations for next year's elections are a central
concern of the Embassy and will remain a focus of our human
rights reporting. We believe that other elements of human
rights -- notably including press freedom -- are also an
important indication of the government's plans for the 2007
election. We will continue monitoring the legislative
progress of the anti-gay marriage bill and the sedition case
against Aruleba and Durojaiye.
FUREY