Counter-Insurgency: Is human rights a distraction or sine qua non?

Similar documents
Nigeria: Crimes under international law committed by Boko Haram and the Nigerian military in north-east Nigeria:

STARS ON THEIR SHOULDERS. BLOOD ON THEIR HANDS. WAR CRIMES COMMITTED BY THE NIGERIAN MILITARY

UNITED NATIONS HUMAN RIGHTS COUNCIL. Working Group on Arbitrary Detention

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/65/456/Add.2 (Part II))]

MALAWI. A new future for human rights

Concluding observations of the Committee against Torture

The armed group calling itself Islamic State (IS) has reportedly claimed responsibility. 2

MOZAMBIQUE SUBMISSION TO THE UNITED NATIONS COMMITTEE AGAINST TORTURE

NIGERIA SHADOW REPORT TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS 62 ND ORDINARY SESSION:

Human Rights Council. Protection of human rights and fundamental freedoms while countering terrorism

A/HRC/32/L.5/Rev.1. General Assembly. ORAL REVISION 1 July. United Nations

Resolution adopted by the Human Rights Council on 29 September /16. Human rights in the administration of justice, including juvenile justice

Tunisia: New draft anti-terrorism law will further undermine human rights

INTERNATIONAL STANDARDS ON THE DEATH PENALTY

Sri Lanka Submission to the UN Universal Periodic Review

Chapter 15 Protection and redress for victims of crime and human rights violations

The Syrian Conflict and International Humanitarian Law

Concluding observations on the third periodic report of Suriname*

EU GUIDELINES on INTERNATIONAL HUMANITARIAN LAW

AMNESTY INTERNATIONAL

Fiji Comments on the Discussion Paper on implementation of the Rome Statute of the International Criminal Court

KEYNOTE STATEMENT Mr. Ivan Šimonović, Assistant Secretary General for Human Rights. human rights while countering terrorism ********

AFGHANISTAN. Reports of torture, ill-treatment and extrajudicial execution of prisoners, late April - early May 1992

* * A/HRC/RES/26/24. General Assembly. United Nations

Universal Periodic Review, Sudan, May Submission by the Redress Trust and the Sudanese Human Rights Monitor, November 2010

European Parliament resolution of 16 February 2012 on the situation in Syria (2012/2543(RSP)) The European Parliament,

June 30, Hold Security. g civil war. many. rights. Fighting between. the Sudan. and Jonglei

Afghanistan Human rights challenges facing Afghanistan s National and Provincial Assemblies an open letter to candidates

CAMEROON SUBMISSION TO THE UNITED NATIONS COMMITTEE AGAINST TORTURE 62ND SESSION, 6 NOVEMBER-6 DECEMBER 2017

HUMAN RIGHTS PRIORITIES FOR THE NEW GAMBIAN GOVERNMENT

25/ The promotion and protection of human rights in the context of peaceful protests

Democratic Republic of Congo Submission to the UN Universal Periodic Review

Consideration of reports submitted by States parties under article 19 of the Convention. Concluding observations of the Committee against Torture

RUSSIAN FEDERATION. Brief summary of concerns about human rights violations in the Chechen Republic RECENT AMNESTY INTERNATIONAL CONCERNS 1

Standing item: state of play on the enabling environment for civil society

Resolution adopted by the General Assembly. [without reference to a Main Committee (A/67/L.63 and Add.1)]

IF YOU SEE IT, YOU WILL CRY LIFE AND DEATH IN GIWA BARRACKS

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Uzbekistan Submission to the UN Universal Periodic Review

Republic of Korea (South Korea)

General Assembly. United Nations A/C.3/67/L.36. Extrajudicial, summary or arbitrary executions * * Distr.: Limited 9 November 2012

MEXICO: MEMORANDUM FOR THE PRESIDENT-ELECT HUMAN RIGHTS RECOMMENDATIONS FOR THE NEXT GOVERNMENT

UNESCO Work Plan on Safety of Journalists and the Issue of Impunity

AMC PAN AFRICAN STUDY ON IMPACT OF CONFLCIT ON CHILDREN IN AFRICA

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Concluding observations on the third periodic report of Belgium*

30/ Human rights in the administration of justice, including juvenile justice

HUMAN RIGHTS FIRST SUBMISSION TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

JORDAN Stakeholder Report for the United Nations Universal Periodic Review

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

SRI LANKA: UNIVERSAL PERIODIC REVIEW PLEDGES MUST BE FULLY IMPLEMENTED

Declaration on the Protection of all Persons from Enforced Disappearance

Joint study on global practices in relation to secret detention in the context of countering terrorism. Executive Summary

A/HRC/17/44 (Extract)

Human Rights, Terrorism and Counter-terrorism

List of issues to be taken up in connection with the consideration of the third periodic report of Kenya (CCPR/C/KEN/3)

B. The transfer of personal information to states with equivalent protection of fundamental rights

International Humanitarian Law

Handout 5.1 Key provisions of international and regional instruments

HUDOC: List of Keywords Article by Article

Internment in Armed Conflict: Basic Rules and Challenges. International Committee of the Red Cross (ICRC) Opinion Paper, November 2014

Opinions adopted by the Working Group on Arbitrary Detention at its seventy-eighth session, April 2017

SOUTH SUDAN CONFLICT AND IMPUNITY

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/68/456/Add.3)]

AMNESTY INTERNATIONAL MEDIA BRIEFING

penalty proposal violates the American Convention on Human Rights

Resolution adopted by the General Assembly. [without reference to a Main Committee (A/63/L.48 and Add.1)]

AGENTS OF FEAR THE NATIONAL SECURITY SERVICE IN SUDAN

MYANMAR (BURMA) CALL FOR DISSEMINATION AND ENFORCEMENT OF INTERNATIONAL STANDARDS ON THE USE OF FORCE

THE ARMS TRADE TREATY AND

THE UNSPOKEN HUMANITARIAN CRISIS : NIGERIA. by David Ford Johnson

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

amnesty international

THAILAND: SUBMISSION TO THE UNITED NATIONS COMMITTEE AGAINST TORTURE

Zimbabwe. Amnesty International submission to the UN Universal Periodic Review 12 th session of the UPR Working Group, October 2011

Resolution adopted by the Human Rights Council on 29 September /31. Human rights, technical assistance and capacity-building in Yemen

International covenant on civil and political rights CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT

UN Security Council, Report of the Secretary-General on the AU/UN Hybrid Operation in Darfur, 12 July 2013, UN Doc S/2013/420. 2

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

The rights of non-citizens. Joint Statement addressed to the Committee on the Elimination of Racial Discrimination

Comments on the Draft Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism

amnesty international

A/HRC/17/CRP.1. Preliminary report of the High Commissioner on the situation of human rights in the Syrian Arab Republic

MEMORANDUM TO THE GOVERNMENT OF SWAZILAND ON THE SUPPRESSION OF TERRORISM (AMENDMENT) BILL, 2016

Chapter 8 International legal standards for the protection of persons deprived of their liberty

CHILDREN S RIGHTS - LEGAL RIGHTS

Index: MDE 30/004/2012 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Stakeholder Report to the United Nations Human Rights Council Universal Periodic Review- Libya

Chapter 3: The Legal Framework

DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

THAILAND: 9-POINT HUMAN RIGHTS AGENDA FOR ELECTION CANDIDATES

Japan. Amnesty International Submission to the UN Human Rights Committee

Sierra Leone. Submission to the Universal Periodic Review of the UN Human Rights Council 11th Session: May 2011

International covenant on civil and political rights CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT

International Civil Liberties Monitoring Group (ICLMG) Canadian NGO Coalition Shadow Brief

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Sri Lanka Advocacy Network

PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Transcription:

Nigeria: Paper presented at the 55 th session of the Nigerian Bar Association conference Counter-Insurgency: Is human rights a distraction or sine qua non? Index: AFR 44/2366/2015 Delivered by Mohammed Ibrahim, Country Director, Amnesty International Nigeria National Office 25 August 2015 I would like to thank the Nigeria Bar Association (NBA) for the honour of inviting Amnesty International (AI) to participate in this panel discussion. AI is a global movement of more than 8 million people in over 150 countries and territories, who campaign to end abuses of human rights. I am sure you all know, AI was founded in 1961 by Peter Benenson, a lawyer and legal practitioner like most of you. It is for this reason, I suppose, I should feel at home addressing this distinguished audience. The question posed for this panel is, whether in counter-insurgency respect for human rights is necessary. AI would simply and emphatically answer, Yes. Respect for human rights is not only a fundamental constitutional and international legal obligation, but also an intrinsic element of any effective counter-insurgency operation. Insurgents seek to undermine the authority of the State and often operate with total disregard for rule of law and respect for human rights. When a State reciprocates by violating human rights and the rule of law, it weakens the very values that form the basis of its authority. In practical terms, when states make arbitrary arrests, detain suspects without trial, use torture and unlawfully kill, they harm the very people and values they are supposed to protect. The essence of this paper is to bring into focus the devastating impact of the conflict in north east Nigeria on peoples lives, liberty and security, and to dismiss the false dichotomy between security and human rights. It submits that respect for human rights could and should be embedded in Nigeria s counter-insurgency strategy. There is widespread belief that the campaign against Boko Haram insurgency shouldn t have any place for human rights compliance because the country s military are fighting a group of ruthless terrorists. Accordingly, summary executions, torture, denial of food or water, inhuman and degrading treatment of Boko Haram suspects are thought to be a lawful and acceptable

conduct. However, all these violations are manifestly unlawful under International Humanitarian Law (IHL). THE CASE OF NORTH-EAST NIGERIA From 2009, Amnesty International has been following closely the atrocities committed by Jama atu Ahlis Sunna Lidda awati wal-jihad, more popularly known as Boko Haram, mainly in north east Nigeria. In 2012 AI released its report, Nigeria: Trapped in the Cycle of Violence showing the devastating consequences for the people trapped in the middle of the cycle of attacks and counter attacks by both Boko Haram and the Nigerian military. Since then, AI has issued several reports on the atrocities of Boko Haram, the latest of which was in April 2015 titled, Our Job is to Shoot, Slaughter and Kill Boko Haram s reign of terror in north-east Nigeria. 1 This report showed that in addition to abducting at least 2,000 women and girls, Boko Haram had killed at least 5,500 civilians and brutalized tens of thousands between 2014 and March 2015. Since the report was released, Boko Haram had killed at least 1,400 civilians in Nigeria and neighbouring countries, during raids on towns and bomb attacks in cities. According to the UN this violence has forced more than 1.5 million people to flee their homes, resulting in heavy social and economic dislocation in the entire north-east. This is only the most recent in our series of reports that had condemned human rights abuses by Boko Haram. Based on extensive research and incontrovertible evidence, AI has concluded that Boko Haram committed war crimes and crimes against humanity. IHL has long accepted that armed non-state actors like Boko Haram, are bound by it, even though they may not be parties to the relevant treaties. Sadly, AI has also documented horrific human rights violations, war crimes and possible crimes against humanity committed by the Nigerian military in their campaign against Boko Haram. I am hopeful most of you would recall our report issued in June 2015 Stars on their Shoulders. Blood on their Hands: War crimes committed by the Nigerian military 2 a report which was a product of years of research based on extensive field visits, more than 412 interviews (with victims, their relatives, eyewitnesses, human rights activists, doctors, journalists, lawyers, an military sources), as well as analyses of hundreds of documents and more than 90 videos. In this report we have revealed that not less than 7,000 people had died in military detention as a result of starvation, thirst, extreme overcrowding that led to the spread of diseases, torture and denial of medical assistance, as well as the use of fumigation chemicals in unventilated cells. We believe that about 20,000 were arbitrarily arrested, while about 1,200 were extrajudicially executed by the military, sometimes in collaboration with the 1 https://www.amnesty.org/en/documents/afr44/1360/2015/en/ 2 https://www.amnesty.org/en/documents/afr44/1657/2015/en/

Civilian JTF members, during the period covered by our report. In a ten-minute presentation, I shall be unable to summarize effectively the two reports of over 200 pages. I shall, however, leave behind 20 copies of the reports for your Secretariat, as well as the Internet link that would give you access to them. NIGERIA: HUMAN RIGHTS COMPLIANCE IN COUNTER-INSURGENCY STRATEGY As outlined from the beginning, the conduct of the Nigerian military, that led to the unlawful murder, arbitrary arrests, mass detention and torture, were in many ways gross violations of Nigeria s obligations under IHL, Nigerian Constitution and other domestic legal safeguards. IHL comprises rules that seek to mitigate the effect of wars on civilians and humanity by limiting the means and methods of conducting military operations. It is essentially predicated on the delicate equilibrium between the competing demands of military necessity and humanity. The major sources of IHL to which, Nigeria is a State-Party, are the Geneva Conventions and their Protocols, and customary international law. In a noninternational armed conflict, such as the one in the north-east Nigeria, the parties to the conflict are bound to comply with the norms contained in Common Article 3 of the Geneva Conventions, Protocol II to the 1949 Geneva Conventions and customary international law, which consists of rules that are binding on all states. Nigeria acceded to both the Geneva Conventions and their Protocols. One basic principle of IHL is that of distinction all possible measures must be taken to distinguish between military targets and civilians or civilian objects. The rules also require the humane treatment of any person in the power of the enemy and obligate the parties to care for the wounded without discrimination. Arbitrary deprivation of liberty in times of conflict is also prohibited under IHL and all detentions must be authorized by domestic law and be in compliance with international human rights law. It should also be noted that international human rights law, as affirmed by the ICJ and UN Human Rights Committee, applies in time of armed conflict as well as in peacetime. This brings to mind an argument we are likely to hear in this seminar, that Art.4 of the ICCPR provides for derogation from its observance under Public Emergency, like the State of Emergency declared in the north east. However, the validity of this exceptional measure is subject to a number of requirements set by the Treaty Law, such as qualifications of severity, temporariness, proclamation and notification, legality, proportionality, consistency with other obligations under international law, nondiscrimination, and lastly non-derogability of certain rights recognized as such in the relevant treaty. The relevant treaty provisions provide a list of rights that in absolute terms cannot be derogated from, i.e. the right to life, the prohibition of slavery, prohibition of torture or cruel, inhuman or degrading treatment or punishment and prohibition of retroactive penal measures. As such, international and Nigerian laws protect people in detention, even in times of conflict, and

prohibit extrajudicial executions and torture and other cruel, inhuman and degrading treatment. It s worth mentioning also that the African Charter on Human and People s Rights (ACHPR), which Nigeria has not only ratified, but also domesticated, does not make derogations from the rights mentioned above. In effect, the arbitrary mass arrests and detention of civilians and suspected members of Boko Haram made outside the battle field, with no access to the court and no evidence, are contrary to Nigeria s Constitution and international human rights obligations. The bitter fact is that the Nigerian security forces have a history and pattern of human rights violations, and these go on across the country, even in regions not under the State of Emergency. The massacres in Odi and Zaki Biam by the Nigerian military did not take place in a State of Emergency. Despite these clear legal obligations, some claim that respecting human rights would make it more difficult to defeat Boko Haram. AI fully rejects these assertions and insists that Nigeria, as a nation, needs to resist the temptation to subvert human rights and the rule of law in the name of fighting terrorism. As the UN General Assembly stated (Res. 60/288 of 8/9/2006) counter-terrorism measures and the protection of human rights are not conflicting, but complementary and mutually reinforcing goals, and that human rights and the rule of law should be the fundamental basis of Member-States counter-terrorism strategies. Indeed, if arrest were based on reasonable suspicion and adequate investigations, it is more likely that Boko Haram members would be brought to trial and convicted, instead of evading justice. There s no moral, tactical or legal justification for denying detainees, including Boko Haram members or supporters, their basic human dignity. There is no excuse for torture, no reason for unlawful murders and nothing to be gained from trading Boko Haram s evil for military atrocities against civilians. RECOMMENDATIONS Our reports on the conflict in the north-east contain extensive recommendations to the Federal Government of Nigeria and stakeholders. But today, I shall highlight three recommendations in conclusion: (i) The Government needs to initiate a prompt, independent, impartial, and effective investigation into the gross human rights violations by both the Nigerian military and Boko Haram in north-east Nigeria. In this regard, AI welcomes the commitment made by President Buhari, and we believe the realization of this commitment will be an essential first step toward providing justice for the thousands of Nigerians who have suffered as a result of actions by Boko Haram and the military;

(ii) Actions must also be taken to strengthen safeguards against such violations by the military in the future. Many of these safeguards will be familiar to this audience. The military needs to fully respect the laws of war; detainees should be brought before a court within a reasonable time, they should be able to contest the legality of their detention and allowed access to their lawyers and families. In this regard, AI welcomes the President s call on the new Service Chiefs to reprofessionalize and train Nigeria s troops and we believe this is one of the necessary measures. But much more needs to be done to instill strong safeguards; (iii) The Government also needs to provide an effective remedy to victims of human rights violations and their families, including compensation and reparations, as well as humanitarian relief to all affected communities. Finally, to this audience lawyers, as always, have a vital role to play in ensuring the respect for human rights. You or your members may be involved in investigations into crimes under international law and implementing due process safeguards against unlawful detention and other violations. AI hopes that the Nigerian Bar Association will be able to find a common cause in advocating for these measures. I hope you will agree, as this paper has argued, that one can support both respect for human rights and counter-insurgency. Thank you.