REPORT OF NBA HUMAN RIGHTS IN TIMES OF CONFLICTS COMMITTEE

Transcription

1 REPORT OF NBA HUMAN RIGHTS IN TIMES OF CONFLICTS COMMITTEE The Nigerian Bar Association (NBA), in its bid to strengthen its agenda on human rights in conflicts situation, using the NBA internal governance structure and the 111 Branches specifically the nine (9) in the North East Zone, set up the NBA Human Rights in Times of Conflict Committee as the vehicle to implement this human rights programme in times of conflict. The Committee was inaugurated by the NBA President, Augustine Alegeh, SAN on the 24 th of November 2015 with four (4) members as follows: Emeka J.P Obegolu Esq (Chairman), Amina Mustapha Esq. (Secretary), Abdulwasiu Alfa Esq.,(Member) and B.A Waziri Esq.,(Member). The President charged the committee with these terms of reference; To strengthen advocacy for the respect of Human Rights of Nigerians To acquire and disseminate information concerning issues relating to Human Rights To organise and coordinate Human Rights in times of conflict Workshops To promote, protect and enforce Human Rights under a just rule of law To observe and report human rights violations To promote and protect the rights of Prisoners of war, the trials and prosecution of Prisoners of war To ensure the implementation of standards and best practices in protection of human rights. And to promote mechanisms for the enforcement of Fundamental Human Rights The Committee in collaboration with the Nigerian Army organised a nationwide Workshop on Monday 30 th November 2015 at the 7 Division Maimalari Barracks, Baga Road, Maiduguri, Borno State. The NBA President led the Governor of Borno state, H.E Kashim Shettima represented by the Hon. Attorney General of Borno state, Kaka shehu Lawan, Esq; the Hon. Attorney General of the Federation, Abubakar Malami, SAN; the Chief of Army Staff, Lieutenant General TY Buratai NAM, GSS; The Chief Judge of Borno state, Hon. Justice Kashim Zannah; The Keynote Speaker, Prince Adetokunbo Kayode, SAN, CON, Former Attorney General of the Federation and Former 1 P a g e

2 Minister of Defence, the NBA General Secretary; Mazi Afam Osigwe; very eminent Senior Advocates of Nigeria, including J. K Gadzama and A. B. Mahmoud; Past General Secretary of the Nigerian Bar Association and Vice President of Pan African Lawyers Union (PALU) and Chairman of the NBA Human Rights Organising Committee in Times of Conflict Emeka J. P. Obegolu; serving Generals in the Nigerian Army including General A. B. Abubakar and General Nicholas Ibe; NBA National Officers and other eminent lawyers; Chairmen and members of branches of NBA in the North East; secretariat staff of NBA led by the Executive Director, the members of the communities in the North east, the press and invited guests to attend the workshop. The Workshop started at about 10:20 am with a welcome address by the Chairman of the NBA Maiduguri Branch, Abdulwasiu Alfa A. Esq. The Chairman of the Committee,Emeka J.P Obegolu Esq while giving his opening remarks welcomed everyone and stated that the fight against terrorism cannot be achieved without due adherence to the principles of the rule of Law, he therefore emphasised that stakeholders must play its role with due compliance thereon. The President of the NBA while delivering his address also hinted on while the Maiduguri was chosen as Venue for the Workshop, so to say to visit the Locus in quo. The President therefore offers the NBA willingliness to support and fight against human rights issues in times of conflicts situations. He also mentioned that many violent conflicts are associated with terrible violations of human rights, hence the need for this Workshop. The President welcomed the Chief of Army Staff, other members and Participants Present. He also said the Workshop will ensure adherence to every recommendation. The Chief of Army Staff, while giving his address commended the organising of the event and said Human Rights issues are not very new to the corridors of the Army as they have had cases and have been dealing with issues as they arise. And that the Army has also sponsored and is willing to sponsor some of its officer to improve on the skills and knowledge on how to deal these matters. 2 P a g e

3 The Keynote Speaker stated that every Nigeria should be interested with the ongoing insurgency in the North East of our Country. He said the resultant consequence during conflicts situation is innocent Civilian Military deaths, armed attacks, kidnapping, rape of women and children etc; while giving the instance of over 245 Chibok school girls in He further stated the need to comply with International Human Rights Law as reflected in the Universal Declaration of Human Rights and other International Human Rights Treaties as same is already covered by Chapter 4 of the 1999 Constitution. These Rights have become part of International Customary Law binding on all States whether the State is a party to the treaties or not. The observance of the freedom guaranteed there under are obligatory and applicable in times of peace, wars and armed conflicts or hostilities. The Keynote Speaker emphasised the need to strictly observe the rules of engagement as outlined by the Military High Command, to conform with the provisions of Chapter 4 of the 1999 Constitution and other municipal laws on human rights, to also observe the customary international law on human rights, principles of international humanitarian law and Jus Cogens principles on human rights. HIGHLIGHTS OF STAKEHOLDERS COMMITMENTS The highlights of Commitments made by the various Stakeholders at the Workshop can be summarized as follows: 1. THE HONOURABLE ATTORNEY GENERAL OF THE FEDERATION i. Confirmation of Federal Government s commitment to deal with Boko Haram terrorists and to do so while respecting Human Rights and all the conventions and rules of engagement in war times. ii. Review of the Military Justice system. iii. To speed up the prosecution of terrorism suspects. iv. To partner with the NBA in investigating and resolving Human Rights complaints. 3 P a g e

4 v. Affirmation of Federal Government s commitment to Rule of Law. 2. THE NIGERIAN ARMY i. Confirmation by the Nigerian Army of its commitment to respect Rule of Law, the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Human Rights and the various Laws, Conventions and International Regulations setting out and governing the standards and conduct in times of war and conflict. ii. The provision of local and overseas training on Human Rights for officers and men of the Nigerian Army iii. Confirmation of Investigative responses of the Nigerian Army to Human Rights complaints. iv. Commitment of the COAS to setup Human Rights desk in the Nigerian Army. v. Provision of contact telephone numbers to NBA Monitoring Teams vi. Agreement to collaborate with the NBA in ensuring Human Rights compliance in the areas impacted by the Insurgency. vii. To collaborate with the NBA to organize further Human Rights Workshops for Human Rights training for officers and men of the Nigerian Army. 3. NATIONAL HUMAN RIGHTS COMMISSION [NHRC] i. Confirmation of the Nigerian Army s commitment to Human Rights observance. ii. Confirmation of trainings and workshops on Human Rights for the Nigerian Army. iii. Confirmation of investigative responses to Human Rights complaints. iv. Commitment to partner with the NBA and the Nigerian Security agencies in ensuring the observance and respect for Human Rights. 4 P a g e

5 4. THE NIGERIAN BAR ASSOCIATION [NBA] i. Recognition of the Nigerian Army s efforts to quell the Boko Haram insurgency. ii. Affirmation of commitment to support the Nigerian Army in Human Rights matters. iii. Recommendation to the Nigerian Army that observance of Human Rights should form part of the planning and execution of military operations. iv. Commitment to pursue continued and additional training of Nigerian Army officers on Human Rights. v. Setting up of NBA Human Rights Monitoring Teams in 9 Branches of the NBA in the North East with toll-free contact telephone numbers for the public to report cases of Human Rights violations. vi. NBA Branches to carry out Human Rights enlightenment and education programmes, workshops and seminars. vii. Commitment to escalate Human Rights Complaints to the Nigerian Army using the contact telephone numbers provided by the Nigerian Army. viii. Commitment to build capacity and train lawyers to ensure quality legal representation in Terrorism cases. RECOMMENDATIONS AT THE WORKSHOP: Capacity for a new war, this is simply to anticipate guerrilla operations. Intelligence that make good use of technology, electronic warfare to intercept communications and make use of the information. This will also include paradigm shift in the philosophy of war/conflicts, training, capacity development, and tactics. Logistics, Improved armoured carrier and fighting vehicles that can resist violent explosions, ways to detect explosives, and devices to detect and jam remote-controlled IEDs are now key components of the defence industry s portfolio and the focus of extensive research and development efforts. 5 P a g e

6 The Military must win the trust of the people, if armed forces are to be deployed for the long haul, they must win the trust of the people. Avoiding collateral damage is therefore a top priority. To set up a Human Rights and Compliance Desk in Conflict Theatre, there is need to establish specific desks for Human rights compliance. The Desk Officers must have adequate knowledge and competence in law, human rights and international law. These Desks may advise theatre commanders, keep records, and engage with stake holders to answer their queries and provide necessary information. This will enable the Military avoid issues of human rights violation accusations Change procurement strategy, there is a need for a critical policy change in procurement priorities, as this has to be done at the highest level of command. The equipment acquisition process has to dynamically evolve to keep pace with new developments, technologies and the emerging needs on the ground To organise a high level Human Rights Dialogue to ensure the need to have a coordinated respond between the key actors, the HNRC, CSOs, NBA and the Military. On the part of the Military, there most importantly the need to have the Military Human Rights Adviser, a Professional who can engage the NHRC at their level. The need to reform the administration of Military Justice System There should be liaison between all key Stakeholders and actors to monitor issues, complaints and have a procedure to be understood by all to avoid recriminations. CONCLUSION In conclusion, we recognise that it is not only sufficient to keep talking about human rights issues in times of insurgency, but also the question of the how to respond to the allegations by international organisations. The NBA should take the leadership role of being a Human Right Crusader. The NBA President while giving his closing remarks constituted and inaugurated Human Rights Monitoring Team within the NBA North East Zone providing them with MTN free toll numbers to call and report any violation of human right related 6 P a g e

7 issues whatsoever at no cost. Please see below the name of the NBA Branches and the Toll free numbers; S/N NAME OF BRANCH TOLL FREE NUMBER 1 Maiduguri Biu Yola Damaturu Mubi Bauchi Gombe National Secretariat Jalingo Wukari Finally, we had in attendance over 350 participants and after the workshop, all participants moved to visit the Clinic at 7 Division Medical Service & Hospital and Military Detention Facility at Giwa Barracks were these suspects were kept to have an institutional assessment. Thank you. EMEKA J. P. OBEGOLU, Esq. Committee Chair. 7 P a g e