Human Rights Council
Working Group on the Universal Periodic Review Thirty-first session
5–16 November 2018
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Nigeria
* The present document has been reproduced as received. Its content does not imply the expression of
General Assembly Distr.: General 27 August 2018 Original: English
I. Background
1. The report presents efforts by Nigeria to fulfil its voluntary commitments to the Human Rights Council and accepted recommendations during the Universal Periodic Review Second Cycle in 2013.
2. Nigeria accepted 172 recommendations during the second cycle review and promised to examine 34 recommendations and provide response at the twenty-fifth session of the Human Rights Council. Most of the recommendations have to do with the abolition of death sentence. Nigeria rejected ten recommendations concerning decriminalization of offences relating to sexual orientation or gender identity. The accepted recommendations have been grouped into thirty-six clusters to simplify the report. Efforts at addressing the concerns are found in section D of this report.
3. The report also presents significant developments, achievements and challenges in the implementation of Nigeria’s voluntary commitments to the Human Rights Council.
Methodology and consultation process
4. The Federal Government of Nigeria constituted an inclusive inter-ministerial National Committee on Universal Periodic Review (UPR). The Committee adopted a multi- tiered and participatory approach in producing the report. The Committee had representatives of government, civil society and the academia made extensive consultations with relevant stakeholders in the country. It made use of several background reports and submissions from Ministries, Departments and Agencies.
II. Developments since the second review
5. Strengthening of civil-military cooperation in the fight against terrorism, insurgency and other internal security operations through:
(a) Review of training curriculum for the military and law enforcement agencies to include modules and information on international human rights, international humanitarian law on civilian protection during internal security operations. Documents such as Civil-Military Cooperation Theoretical Training curriculum for Nigerian Defence Academy and Civil Military Cooperation Doctrine for the Armed Forces and other security agencies were produced;
(b) Government respected the award of compensation and payment of One hundred and Thirty- Five Million Naira made by the National Human Rights Commission in favour of the families and victims of an unlawful killings and attacks on some commercial motorcycle operators in Apo, Abuja;
(c) Establishment of directorate of Civil-Military Relations headed by two star Generals in the offices of the Chief of Defence Staff, Chief of Army Staff, Chief of Air Staff and Chief of Naval Staff;
(d) Appointment of a Human Rights Adviser in the Office of Chief of Defence Staff;
(e) Establishment of Human Rights desk in the Army Headquarters and divisions of the Nigerian Army;
(f) Production and dissemination of the revised Code of Conduct and Rules of Engagement for Armed Forces to armed forces personnel during internal security operations.
6. Constitution of Presidential Committee on the Northeast Initiative (PCNI) to coordinate all interventions and oversee the recovery and rehabilitation of the Northeast.
The PCNI mandate among other things is to promote synergy among all Humanitarian and development actors engaged in the region.
7. Development of National Policy Framework and Action Plan on Preventing and Countering Violent Extremism in November, 2017. The Policy Framework and Action Plan were put together by a technical working group comprising government departments and agencies, faith-based organizations, trade unions, professional bodies, political parties and civil society organizations.
8. Reforms of the criminal justice system through the enactment of the Administration of Criminal Justice Act in 2015. The law strengthens procedural system in the areas of investigation, prosecution, and delay in trial of cases, protection of witnesses and judges and to ensure prompt dispensation of justice.
9 Also, the Fourth Alteration Act, 2018 amended the Constitution to provide for timelines within which to hear and determine pre-election matters. Furthermore, the “Not Too Young to Run”Act was enacted to open the political space for Youth participation in the political process by reducing the age limit to contest.
Implementation of National Cyber-Security Policy and Strategy
10. The Cyber-Security Strategy (NCSS) was developed in 2014 to define the nation’s readiness to safeguard and prepare Nigeria in advance for global economic competitiveness in cyberspace. A key component of the NCSS is the provision for Data Protection and Privacy as contained in Section 4 (4) (1) of NCSS.
11. The Office of the National Security Adviser (ONSA) has taken steps aimed at realizing the objectives of data protection and privacy in Nigeria. Also, following the passage of the European Union General Data Protection Regulation on 25 May 2018, the Nigeria Information Technology Development Agency (NITDA), commenced the process of reviewing the existing draft guidelines for Data Protection, which was issued in 2017 as part of NITDA’s regulatory mandate for the ICT sector in Nigeria. Additionally, NCC issued the Lawful Interception of Communications Regulations in 2015.
12. The Act provides for data traffic to be kept by service providers. Thus, NCC set up a Working Group comprising representatives from ONSA, Mobile Network Operators (MNOs), Internet Service Providers (ISPs) and EFCC on 2 May 2018 to determine modalities for data retention by MNOs and ISPs. The Nigeria Information Technology Development Agency (NITDA), has conducted several workshops across the 6 geo- political zones in Nigeria aimed at equipping citizens with fundamental knowledge as well as share best practices on staying safe in cyberspace.
Countering Violent Extremism Programme (CVE)
13. The programme aims at stemming the tide of radicalization in the country, reducing violent activities, change the behaviour of violent extremists and promoting core national values. The programme has three streams:
(a) Counter Radicalization;
(b) De-radicalization; and (c) Strategic Communication.
14. The following projects and activities were carried out under the CVE programme:
(a) Education Summit to raise awareness of the importance of education as a tool for CVE;
(b) Piloting creative curriculum that encouraged critical thinking and logical reasoning;
(c) Positive Voices Campaigns to promote community champions that stand up
(e) Identification and training of imams to present moderate Islamic views;
(f) Identification, registration and training of FBOs, CSOs and NGOs to aid the overarching goals of countering violent extremism;
(g) Town hall and community dialogue meetings to improve internal community relations and relationship with the state;
(h) Survey of economic activities and employment and income generation schemes for communities;
(i) Reintegration of reformed extremists to their families and communities;
(j) Media initiatives that form a counter-narrative.
National Action Plan on Business and Human Rights
15. Nigeria is finalizing its National Action Plan on Human Rights and Business. This Action Plan is developed in response to the call by the United Nations to address negative impact of business on the realization and enjoyment of human rights and promote mutually beneficial relationships between businesses and the communities where they operate.
Stakeholders have produced a draft document to be adopted by the Federal Government.
16. The Human Rights and Business Action Plan enumerates the commitments and obligations of government to protect human rights by outlining actionable items to address business related human rights abuses focusing on stakeholders identification and analysis, employment matters, casualization and contract employment, land acquisition, environmental matters, compensation, gender sensitivity and integration, community development and consultations, security, conflict resolution, reporting and monitoring compliance among others.
Establishment of an Inter-Ministerial Technical Working Group to develop a database of missing persons in Nigeria
17. To have a credible and accurate data on the number of persons killed or missing as a result of violent crimes, the federal government constituted a national technical committee on the establishment and management of a database of missing persons in June 2016.
18. The database is an independent mechanism aimed at responding to the rights of affected families to know the fate and whereabouts of their missing relations. The technical committee is working on certain documents necessary for the establishment of the database.
These include Standard Operating Procedures, Case Entry and Consent Forms for data collection.
Justice sector reforms
19. Since the last review, Nigeria has implemented many initiatives to improve the effectiveness, accessibility, accountability, transparency and fairness of the justice system.
Some of the initiatives include:
(a) Development of justice sector reform action plans;
(b) Establishment of judicial research and training centres;
(c) Review and production of simplified court users guide;
(d) Training in IT for justice sector officials including court staff, investigators, prosecutors, police and prison staff;
(e) Development and production of a National Legal Aid Strategy;
(f) Development and production of National Policy on Prosecution and Code of Conduct and Prosecutorial Guidelines for Federal Prosecutors.
Social and economic reforms
20. Nigeria committed to improving the social and economic standard of its people. To actualise this, Government had developed a social and economic master plan known as Economic Recovery and Growth Plan covering 2017–2020 (ERGP).
21. The Economic Recovery and Growth Plan addresses the SDGs three dimensions of economic, social and environmental sustainability issues. The vision of the ERGP is sustained inclusive growth through increased national productivity and achieving sustainable diversification of production to grow the economy for maximum welfare of the citizens.
22. The plan includes massive investment in the people, health and education sectors to meet the international targets set by the SDGs. The ERGP will improve the accessibility, affordability and quality of health care and rolls out the National Health Insurance Scheme across the entire country.
III. Implementation of accepted recommendations in the 2nd cycle of the review
Recommendations 135.1-6: Sign and ratify outstanding human rights treaties and optional protocols
23. During the period under review, Government has ratified the following human rights instruments:
(a) The Maritime Labour Convention;
(b) The Paris Climate Change Agreement; and
(c) The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention).
Recommendations 135.7–10, 14–25, 28–31: Incorporate in national legislation the international human rights instruments to which Nigeria has acceded
24. Nigeria had enacted the following laws to incorporate the international human rights instruments to which Nigeria is a party:
(a) Violence Against Persons (Prohibition) Act, 2015 (VAPP);
(b) Administration of Criminal Justice Act, 2015 (ACJA);
(c) Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2015;
(d) HIV/AIDS (Anti-Discrimination) Act 2014;
(e) Anti-Torture Act 2017;
(f) Compulsory Treatment and Care for Victims of Gunshot Act, 2017;
(g) National Institute for Cancer Research and Treatment (Establishment) Act, 2017;
(h) Niger Delta Development Commission (Establishment) Amendment Act, 2017.
Recommendation 135.9: Reinforce anti-corruption laws
25. Government has taken several measures to strengthen the fight against corruption.
These include the following:
(a) Harmonization of the three Anti- Corruption strategies (documents) namely;
the Nigeria Anti-corruption Strategy, the National Anti-Corruption Action Plan and the National Strategy to Combat Corruption to produce the National Anti-Corruption Strategy Document;
(b) Nigeria joined the Open Government Partnership (OGP) in 2016 to make government open, accountable, and responsive to citizens. The alliance is a partnership between government ministries, departments and agencies (MDAs), working in collaboration with civil society on specific commitments. It is geared towards fiscal transparency;
(c) The Administration of Criminal Justice Act, 2015 was enacted to eliminate delays and fast-tracking trial of corruption;
(d) The Proceeds of Crime Bill, 2017 is pending in the National Assembly. The Bill if passed into law will complement the existing legal and institutional frameworks for the fight against corruption;
(e) The Whistle Blower Policy of the Federal Government is a great incentive to citizens to report acts and hidden proceeds of corruption. A bill in this regard had been passed by the National Assembly;
(f) Mutual Legal Assistance in Criminal Matters, Act, 2017 was passed to combat corruption and improve the image of the country by:
(i) Assisting Nigeria to repatriate looted funds and other proceeds of crime in foreign countries;
(ii) Enhancing effective prosecution of border crimes;
(iii) Enabling Nigeria to obtain evidence, identify suspects and witness.
(g) The Treasury Single Account ensures the absence of multiple banking arrangements and prevent funds from being easily diverted;
(h) Bank Verification Numbers strengthens the security of banking transaction. It exposes proceeds of crime, particularly corruption and financial crimes hidden with pseudonyms in the banking system;
(i) Separation of the Nigeria Financial Intelligence Unit (NFIU) from the Economic and Financial Crime Commission (EFCC) and the signing of the Executive Order No. 6 of 2018 on the Preservation of Assets connected with Serious Corruption and other Relevant Offences.
Recommendations 135.21, 100–105: Abolish female genital mutilation
26. Section 34 (1) (a) of the Constitution protects the dignity of human person by stating that every individual is entitled to respect to the dignity of his or her person and accordingly no person shall be subjected to inhuman or degrading treatment. Nigeria has implemented this recommendation through the enactment of the Violence against Persons (Prohibition) Act 2015(VAPPA). This Act eliminates violence in private and public life; prohibit all forms of violence including physical, sexual, psychological, domestic violence; harmful traditional practices; discrimination against persons and provide maximum protection and effective remedies for victims and punishment of offenders.
Recommendation 135.21: Ensure access to justice for women who are victims of violence
27. The Constitution guarantees access to justice for everyone, and provides for pro bono legal assistance to indigent persons in the enforcement of their fundamental rights.
VAPPA is already a law that is being implemented in Nigeria. This law provides access to justice for women who are victims of violence, ensures that perpetrators of the crime are punished and remedies are provided to the victims and those affected.
Recommendations 135.32–34: Continue to strengthen the capacity of human rights institutions
28. Government increased the budget of the National Human Rights Commission (NHRC) to N3 Billion Naira. Government is not interfering in the operation of the human rights institutions including respect for its decision and award. Government paid the award of compensation in the sum of One hundred and Thirty- Five Million Naira as directed made by the National Human Rights Commission for families/ victims of an unlawful killings and attacks on some commercial motorcycle operators in Apo, Abuja. Further, since August 2015 the National Human Rights Commission has been holding regular civil- military dialogue. The objectives of the Dialogue include:
(a) Improving awareness of respect for human rights by the military;
(b) Prevention of human rights violations by the armed forces during internal security operations;
(c) Speedy investigation and resolution of allegation of human rights violations by military personnel including holding perpetrators accountable;
(d) Mainstreaming respect for human rights in military operations;
(e) Providing a sustainable platform for national and international human rights organizations to constructively engage the Nigerian armed forces.
29. Nigeria is finalizing its second National Action Plan (NAP) for the Promotion and Protection of Human Rights covering 2017 to 2022. The second NAP document was put together through broad consultations. The policy document sets out a road map to build a better human rights culture and by giving effect to Nigeria’s international human rights commitments and obligations. The document contains emerging issues such as:
(a) Rights of Persons with disabilities;
(b) Rights of Internally Displaced Persons;
(c) Human Rights and Business;
(d) Terrorism and insurgency;
(e) Racial Discrimination, xenophobia and intolerance.
30. Nigeria is also in the process of finalizing its National Action Plan on Human Rights and Business. This Action Plan is being developed in response to the call by the United Nations on member states to address negative impact of business on the realization and enjoyment of human rights and promote mutually beneficial relationships between business and the communities where they operate.
31. The Human Rights and Business Action Plan enumerates the commitment and obligations of government to protect human rights by outlining actionable items by the Federal Government to address business related human rights abuses.
Recommendations 135.35–43: Ensure cooperation with international human rights system of the United Nations to protect and promote human rights:
32. Nigeria continues to support the mechanism of the Universal Peer Review monitoring system. Areas of cooperation between Nigeria and international human rights system of the United Nations since the last review in 2013 include the preparation of the Nation Action Plan and Guiding Principles on business and human rights, extension of standing invitation to all Special Procedure Mandate Holders and submission and successful defence of periodic reports to the Committee on the Convention on the Elimination of All Forms of Discrimination against Women in 2017.
33. Nigeria has consistently cooperated with International Criminal Court on matters which she is being investigated and also in her several Country statements at the sessions of the Court. Nigeria’s cooperation with the international human rights system of the United Nations is borne out of her strong belief and respect for the rule of law and human rights, and her firm commitment to the sanctity of fundamental freedoms at international and domestic levels, as ingrained in the objectives for the establishment of the United Nations international human rights system.
34. Nigeria has been cooperating with human rights mechanism such as the extension of standing invitation to all Special Procedure Mandate Holders, who seeks special visit to Nigeria. During the period under review, a number of Special Procedure Mandate Holders had visited Nigeria. These includes: the Special Rapporteur on Minority Issues, Special Rapporteur on the Sale of Children, Child Prostitution and Pornography, Special Rapporteur on Contemporary Forms of Slavery, Special Rapporteur on Mental and Physical Health, as well as the Special Rapporteur on Internally Displaced Persons. Furthermore, Nigeria is currently processing requests from about seven Special Procedure Mandate Holders who have indicated interests to visit Nigeria. The Government is working stridently to ensure a successful visit by these mandate holders. Nigeria has also submitted its periodic reports to the Committee on the Elimination of Discrimination against Women and successfully defended them in 2017. The National Human Rights Commission (NHRC) cooperated with the Global Alliance for National Human Rights Institutions (GHANRI) for re- accreditation process and was re-graded “A”.
Recommendation 135.44: Ensure the implementation of the 2011 EU observation mission recommendations concerning the equal political participation by providing assistance to IDPs
35. Government has initiated the process of domesticating the following International Treaties ratified by Nigeria:
(a) The United Nations Convention Relating to the Status of Refugees;
(b) The Protocol to the Status of Refugees;
(c) The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa;
(d) The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa; and
(e) The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
36. Government ensured that the internally displaced persons were granted equal political participation by providing polling booths at all IDP Camps during the 2015 General Elections. On the protection and promotion of the rights of vulnerable person such as the minorities, children women, older persons, IDPs, human rights defenders, refugees and prisoners, Government has been providing protection and assistance with the support of development partners.
Recommendation 135.44: Ensure prosecution of people involved in election violence
37. Incidences of election violence before, during and after the 2015 elections were investigated and perpetrators were prosecuted. The National Human Rights Commission also issued a pre-election report and advisory on violence in Nigeria’s 2015 general elections. This election advisory indicated instances where criminal responsibility could arise either through campaign activities or hate speech and warned all parties to exercise caution during and after the elections. The advisory also included recommendations to political parties, the government, the Electoral Commission, security forces, judiciary, media, religious and faith communities, the civil society and other relevant members of the international community.
Recommendations 135.45, 46, 47: Adopt legislative and administrative measures to eliminate harmful cultural practices that hamper the realisation of human rights
38. Section 34 (1) (a) of the Constitution protects the dignity of human person by stating that every individual is entitled to respect to the dignity of his or her person and accordingly no person shall be subjected to inhuman or degrading treatment. In addition, the following legislative measures aim at combating harmful cultural practices.
Legislative measures
(a) Violence Against Persons (Prohibition) Act 2015;
(b) Prohibition of child marriage and child betrothal under Sections 21 and 22 of the Child Rights Act 2003;
(c) Prohibition of tattoos and skin marks under Section 24 of the Child Rights Act;
(d) Prohibition of Child trafficking by the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2015;
(e) Anambra state Gender and Equal Opportunities Law, 2007;
(f) Cross River State Law to Prohibit Girl-Child Marriages and Female Genital Circumcision or Genital Mutilation, 2009;
(g) Ekiti State Gender Based Violence (Prohibition) Law 2011;
(h) Imo State Gender and Equal Opportunities Law No 7 of 2007;
(i) Lagos State Protection Against Domestic Violence Law 2007;
(j) Cross River State Law to Prohibit Girl-Child Marriages and Female Genital Circumcision or Genital Mutilation in Cross River State, 2000;
(k) Rivers State Dehumanizing and Harmful Traditional Practices Law, 2003;
(l) Edo State Law on Female Genital Mutilation (FGM) 2000.
Recommendations 135.48, 50: Ensure that training of military, law enforcement officials and civil servants include human rights components in line with the world programme for human rights education
39. Human rights curricular have been introduced in the training institutions of the
military officers to sensitize them on human rights issues through the National Human Rights Commission.
Recommendations 135.49, 52, 83–89, 92–96, 166: Ensure protection of the rights of children
40. Chapter IV of the Constitution guarantees to all Nigerians fundamental rights.
Further, section 17 (3) (f) of the Constitution provides that Government shall direct its policy towards ensuring that children are protected. Government domesticated the Convention on the Rights of the Child as the Child Rights Act. Nigeria enacted the Child Rights Act (Enforcement Procedures) Rules, 2015 for the enforcement of child rights in the Family Courts. Other interventions being implemented by Government to ensure the protection of the right of the child include:
(a) The Home Grown School Feeding Program (HGSFP) – Program is aimed at increasing the enrolment and completion rate at primary school level. Currently 5.5 million primary school pupils are beneficiaries. The programme has also resulted in improving nutrition and health of the pupils;
(b) A legislation that prohibits the use of children in armed forces and in armed conflict. Section 34 of the Child Rights Act prohibits the use or recruitment of children into the Army or the use of children in any armed conflict. Sections 30-33 of the Child Rights Act also prohibit the sale of children, child prostitution and child pornography;
(c) the “Year of Action to End Violence against Children in Nigeria” 2015-2016;
(d) The Launch of a Campaign to End Child Marriage in Nigeria and a National Strategy to End Child Marriage in Nigeria 2017-2021.
Recommendations 135.51, 129, 134, 144–157, 159: Further develop the education sector
41. Section 18 (1) and (3) of the Constitution mandates Government to direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.The Government has scaled up efforts to provide qualitative and accessible education for all. Free basic education is provided for all children in public schools up to the junior secondary schools while affordable education is provided for senior secondary and tertiary education.
42. Governments put in place legislative and policy frameworks to develop the education sector. The legislative and policy frameworks include the Constitution of the Federal Republic of Nigeria, 1999, Universal Basic Education (UBE) Act 2004, Child’s Right Act 2003 /Child Rights Law of states and Tertiary Education Trust Fund (TETFUND), the National Policy on Education (Revised 6th edition), National Policy on Education, 6th edition, 2013, Training Manual on Adaptation and Implementation of Inclusive Education in Nigeria, 2010, A Strategic Framework for the Revitalization of Adult and Youth Literacy in Nigeria, 2012, National Child Policy 2007; National Policy for Integrated Early Childhood Development in Nigeria (2007);National Minimum Standard for Early Child Care Centres in Nigeria (2007);National Gender Policy on Education 2007;
National Framework on Girls’ and Women Education, 2012;Guidelines for Implementing National Policy on Gender in Basic Education, 2007 and National Policy on Gender in Basic Education, 2007 - Gender Education Desk, 2011.
43. Further, Government is implementing some programmes to develop the education sector. The programmes include revitalisation of the Adult and Youth Literacy (RAYL) Programme, 2016. A total of 5,101,719 (5.1 million) learners enrolled in the programme between 2013 and 2015 in 146 focused local government areas. About 4.5 million (4,589,637) of them have been made literate, and 4,807 facilitators were also graduated. A total of $6.4 million dollars was made available for the project by the Federal Government, aimed at reducing illiteracy level in Nigeria and building a critical mass of educators for
literacy and life skills acquisition. Governments established and equipped Community Learning Centres in 13 States.
44. The sum of N42, 205,872,257.88 UBE Matching Grant was disbursed to 26 states and FCT. The sum of N851, 502,975.66 special Education Grant was disbursed to 23 states and private Providers of special Basic Education and 2,220,000,000.00 of teacher Professional Development Fund to 33 states and FCT. A total of 538 schools across the country have received support through direct intervention. In each school, two blocks of two classrooms with twenty pieces of furniture, a head teacher’s office and store have been provided.
45. Government has provided N2.5b for improving Special Education. Also, Government is partnering with notable development partners in the North East presidential Initiative to rebuild and restore normal academic activities in the region.
46. Under the safe School Initiative, Government has successfully transferred 2,274 out of 2,400 internally displaced children from Adamawa, Borno and Yobe to 43 Federal Government Colleges. Government has registered 200,000 IDP children in double shift school system, recruited 554 teachers, procured and distributed 112 containerized classrooms to the various IDP Camps in Adamawa, Borno and Yobe states.
47. Government has invested over N7b into the UBE Professional Teacher Development Programme, culminating in the training of 31,520 teachers across the States of the Federation.
48. Copies of the revised Basic Education with 34 trade Subjects and the new Senior Secondary Education curricula were distributed to schools nationwide and the e-curriculum launched to increase easy access to the document. As part of government’s effort in improving teacher capacity and professional development, 800 graduates’ teachers were trained in teaching pedagogy and 813 students graduated with post Graduate Diploma in Education in affiliation with National Open University of Nigeria (NOUN).
49. At basic Education level, massive monitoring of projects including the Almajiri schools has been carried out. Schools for the girl-child under construction are almost 90%
completed. Within the framework of promoting non-formal education, 32 schools for the nomads have been rehabilitated and three vocational schools were established.
50. Government has built and furnished 44 e-libraries building in 44 Federal Government Colleges to felicitate teaching/learning and reading culture in students during the period under review.
51. The joint Admissions and Matriculation Board (JAMB) has upgraded all Computer Based Test Centres to a minimum of 250 carrying capacity and successfully automated change of course/institution, Printing of admission letter, printing of result slip and correction of data. Also 20, Braille-note Apex Computer for visually impaired candidates were procured to enable them participates fully in UTME, with minimal stress. As a result of these innovations, Jamb has successfully conducted the unified Matriculation (UTME) within the period under review with minimal problems.
52. To improve Technical and Vocational Education and training (TVET), teachers’
Assessment Guide/Instructional materials to aid the teaching of the new curriculum in Technical and vocational education (TVE) for the attainment of sustainable Development Goals (SDGs) was developed. National Business and Technical Examination Board (NABTEB) e-learning center through Public-private-Partnerships has been completed and is functional. Scanners, Braille Machines and books for examination purposes such as capturing of objective scores for candidates and physically challenged learners were purchased. Government carried out accreditation of 487 programmes in 51 Technical, Vocational Entrepreneurial institutions.
Recommendations 135.51, 129, 134–143, 158: Further develop the health sector
53. Nigeria is committed to promoting and protecting the rights of Nigerian to basic health and welfare through legislative, policy, strategic and administrative measures. In addition to the Constitution, Government has put in place the following legislative and policy measures; the National Health Act No. 8, 2014, National Tobacco Control Act 2015, HIV/AIDS (Anti-Discrimination) Act 2014, The National Agency for the Control of AIDS (Establishment) Act No.2 2007. Nigeria is a party to the UN Agenda 2030 on Sustainable Development Goals, which includes the right to health. The National Health Policy 2016 aims at strengthening the national health system in order to provide effective, efficient, quality, accessible and affordable health services, as well as adequate primary, secondary and tertiary healthcare services for Nigerians.
54. Government has the developed the National Strategic Health Development Plan (NSHDP) 2010-2015. Since the plans’ development and subsequent launch, they have been implemented to varying degrees at both the national and State levels as evident by the Joint Annual and the Mid-Term Reviews that were regular features of the plans and the End Term Evaluation which was carried out at the end of the implementation of the plan. The End Term Evaluation revealed that significant progress was made towards the expected targets but we could not meet the targets for most of the indicators in 2015. The only indicator of the first plan that was met in 2015 was the adolescent birth rate which dropped from 126/1000 to 74/1000 adolescent women.
55. The National Council on Health, the highest policy making body on health matters in Nigeria approved the extension of the implementation of the first plan to 2016. The second National Strategic Health Development Plan (NSHDP II) 2018-2022 is anchored on the New National Health Policy (2016) which has been developed taking into consideration Nigeria’s aspiration to attain Universal Health Coverage (UHC) for all Nigerians, leveraging on functional 10,000 PHCs across the country, the Millennium Development Goals (MDGs) unfinished business and the Sustainable Development Goals (SDGs), the Economic Growth and Recovery Plan (ERGP) 2017-2020.
56. The second plan takes a more comprehensive, inclusive and the holistic approach. It is organized along five strategic pillars; (i) Enabled Environment for attainment of sector outcomes which focuses on Leadership and Governance, Community Participation and Partnership for Health; (ii) Increased Utilization of Essential Package of Health Care Services which covers RMNCAH and Nutrition, Communicable and Non-Communicable Diseases, Mental Health, Care of the Elderly, NTD’s etc; (iii) Strengthened Health System for Delivery of Package of Essential Health Care Services which focuses on Human Resources, Health Information System, Medicines, Vaccines and other Technologies, Research etc; (iv) Protection from health emergencies and risks as well as (v) Increased Sustainable, predicable Financing and Risk Protection which only focus is Financing Health.
57. Further, to improve exclusive breast feeding rate, the Federal Ministry of Health is collaborating with Federal Ministry of Labour and Employment to fast track the implementation of paid extension of paid maternity entitlement from 16weeks to 18weeks and continue advocacy to 24weeks (which is 6months) in line with the resolution of the 59 National Council on Health Resolution.
58. Government is implementing task shifting and task sharing policy to ensure that health care providers are available in the rural and hard to reach areas. Government has demonstrated its commitment to universal health coverage by allocating, for the first time in Nigeria, 1% of the Consolidated Revenue Fund towards the funding of key health initiatives, in compliance with the National Health Act in the 2018 Budget.
Recommendations 135.53, 54: Ensure progress towards the promotion of human rights
59. Since August, 2015 the National Human Rights Commission has been holding regular civil-military dialogue. The objectives of the Dialogue include:
(a) Improving awareness of respect for human rights by the armed forces;
(b) Prevention of human rights violations by the armed forces during internal security operations;
(c) Speedy investigation and resolution of allegation of human rights violations by military personnel including holding perpetrators accountable;
(d) Mainstreaming respect for human rights in military operations;
(e) Providing a sustainable platform for national and international human rights organizations to constructively engage the Nigerian armed forces.
Recommendations 135.55, 60–63: Enhance gender equality and empowerment of women
60. Section 42 (1) of the Constitution prohibits discrimination on the basis of gender by stating that a citizen of Nigeria of a particular sex. Similarly, section 17 (3) (e) of the Constitution provides that there is equal pay for equal work without discrimination on account of sex, or on any other ground. The Gender and Equal Opportunities Bill seeks to ensure equal opportunities and treatment of women and men.
Recommendation 135.56: Ensure implementation of the national action plan on the UN Security Council Resolution 1325 to involve women in peace process
61. Government has developed and published the National Action Plan for the implementation of the UN security Council Resolution 1325 and related resolutions. The National Action Plan (NAP) resonances Government’s commitments as well as its responsibilities in ensuring the security of women and enhancing their active and direct participation in identifying early warning, conflict prevention, peace building and post conflict remedy. NAP provides a road map for the implementation of the UNSCR 1325.
Recommendations 135.57–59: Adopt measures to improve the socio- economic conditions of women
62. The Government of Nigeria is committed to guaranteeing equal access to political, social and economic opportunities for women and men. Consequently, government has established the lead national and state gender machineries; the Federal Ministry of Women Affairs and Social Development and Ministries of Women Affairs in the 36 States and the Federal Capital Territory. Government has also embarked on numerous programmes to boost women’s economic empowerment. Some of these are: Business Development Fund for Women (BUDFOW) and National Women Empowerment Fund.
63. The Federal Ministry of Women Affairs and Social Development, in partnership with the Central Bank of Nigeria (CBN) and the Bank of Industry (BOI) have provided financial empowerment to women through their various initiatives, such as Micro, Small and Medium Enterprises Development Fund as well as the Agricultural Financing Scheme.
Recommendations 135.56, 64–67, 105, 97–100: Step up action to prevent violence and discrimination against women
64. Section 42 of the Constitution guarantees and protects the rights of women from discrimination. Under section 46 (1) of the Constitution, women who are victims of violence and discrimination may apply to a High Court for redress by way of fundamental rights enforcement proceedings in the event of the application of any law that allows violence and discrimination against them. In addition, government enacted the Violence Against Persons (Prohibition) Act.
65. The Act seeks to eliminate violence in private and public life, prohibit all forms of violence including physical, sexual, psychological, domestic, harmful traditional practices, discriminations against persons and to provide maximum protection and effective remedies for victims and punishment of offenders. Under the ACJA, women can now stand as sureties for any applicant or defendant for the purpose of admitting the person to bail.
Hitherto this was not possible.
Recommendations 135.67, 82, 122–128: Adopt measures to eliminate religious intolerance and hatred
66. The Institute for Peace and Conflict Resolution (IPCR) was established by the FGN primarily as a research Institute, national peace building and conflict management think- tank and policy adviser with broad mandate under Section 8 of the IPCR (Establishment) Act, 2007 on peace and conflict related subjects in Nigeria and Africa. The Institute’s work is geared towards the promotion of human rights in conflict situation through research, peace intervention and advocacy, and collaboration especially in northeast Nigeria. The IPCR is concerned with the conditions of vulnerable groups in conflict situation such as the women and children that are mostly victims, whether displaced from their communities, maimed, abducted, forced as cooks, porters, suicide bombers, child soldiers, sex slaves,
‘wives’ etc. some other initiative of the institute include:
(a) The Institute is collaborating with relevant national and international institutions to enhance the capacities of religious and community leaders on cultural and religious harmony. The Institute has initiated and convened two separate interfaith dialogue meetings for religious leaders across the country in Kaduna. Recently, the Institute convened two separate intra-religious dialogue sessions for Muslim and Christian leaders, and also organized a National Interreligious Conference for leaders across the country in Abuja. There are other interfaith engagements for women and youth religious leaders that the Institute implemented in partnership with other organizations such as the African Council of Religious Leaders, Religion for Peace, ECOWAS and the African Union (AU);
(b) In furtherance of efforts towards the promotion of human rights in the Institute is activated the Infrastructure for Peace (I4P), brought together policy formulators and implementers as a national platform for understanding the socio-economic, political and cultural contexts of peace and security trends in the country. This is important because human rights violations in the country arose as a result of socio-economic, political and cultural dynamics at play within the society.
Recommendations 135.68–72, 170: Put in place necessary steps to prevent extra-judicial killings
67. Section 33 (1) of the Constitution guarantees the right to life. Similarly, the Penal and Criminal Codes prohibit extra-judicial killings. Consequently, Government has zero tolerance for any form of cruelty such as ill treatment and extra judicial killings. Security officers that have been found culpable irrespective of their position have been made to face the full weight of the law.
Recommendation 135.71: Adopt measures to hold security forces accountable for human rights violations
68. Section 46 (1) and (2) of the Constitution is a legislative measure to hold security forces accountable for human rights violation. The section states that any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress.
69. To ensure respect for human rights by security forces, the federal government set up a Presidential Investigation Panel to investigate all alleged cases of human rights violations by the Nigerian military personnel.
70. The Panel was set up in August 2017 and had among others the following terms of reference:
(a) Review extant rules of engagement applicable in the Armed Forces of Nigeria and extent of compliance thereto;
(b) Investigate matters of conduct and discipline in the Armed Forces in local conflicts and insurgencies;
(c) Recommend means of preventing violation of international human rights and humanitarian law in conflict situations.
Recommendations 135.72–75, 121: Adopt measures to prevent torture and the use of force by security agents
71. Section 34 (1) of the Constitution prohibits torture in any form. Government enacted the Anti-Torture Act 2011 as amended in 2013. The Act prohibits torture and other cruel, inhuman and degrading treatment and punishment by law enforcement agents and provides punishment for perpetrators of such acts.
Recommendations 135.76-81, 170: Strengthen measures aimed at improving security in the country
72. Section 14 (1) (b) of the Constitution imposes obligation on Government by providing that the security and welfare of the people shall be the primary purpose of government. Government has embarked on several initiatives to reduce the menace of Boko Haram terrorism and insurgency in the country. There is 90% drop in the number of terrorism related deaths in Nigeria. More than 12,000 persons taken hostage by the insurgents including 106 abducted Chibok and the 113 Dapchi girls were freed.
73. Boko Haram insurgency has been largely curtailed. Civil authorities have been established in the areas affected by the insurgency. Significant efforts have also been made to protect internally displaced persons in camps across the north eastern part of the country.
Several military operations are on-going in aid of civil authority for effective security maintenance of law and order in areas affected by Boko Haram insurgency.
Recommendations 135.90 and 91: Continue efforts aimed at preventing human trafficking
74. Government has established the National Agency for the Prohibition of Trafficking in Persons. With the re-enactment of the Human Trafficking Law in 2015, NAPTIP is strengthened to deal with the scourge of Child Trafficking by carrying out sensitization programmes in Primary, Secondary and Tertiary Institutions. NAPTIP has been training
Agency, Office of the National Security Adviser, Lawyers and Judges to improve on the strategies for detecting and combating the crimes.
Recommendations 135.106–112: Improve conditions in detention facilities including the behaviour of police officers and how overcrowding in prisons is tackled
75. Nigeria is committed to maintaining the United Nations’ Standard Minimum Rules for the Treatment of Prisoners. The Nigerian Prisons and Correctional Service Bill currently undergoing legislative processes is geared towards addressing issues related to the physical conditions in Nigerian prisons, including overcrowding and physical abuse of prisoners.
76. The Nigerian prison services and other correctional facilities are being upgraded through the efforts of the Ministry of Interior. Effective Prison Reforms are being made by the present Administration to improve the existing facilities and structure including through the on-going exercise on prison decongestion. Government has also made it a policy to investigate and address all allegations of human rights abuses in our prison and correctional facilities. Nigeria is also committed to training and retraining of Prison officers in order to ensure that they adhere to minimum standard while attending to detainees.
77. The Federal Ministry of Justice has in collaboration with Civil Liberties Organisation (CLO) and other CSOs undertaken monitoring of police activities. Zonal and State Committees have been mandated to undertake “Ombudsman” review of complaints against the police. The State Governments are also making efforts to improve condition in the detention facilities. The Chief Judges of the Federal Capital Abuja and the 36 States of the federation do undertake prison visits. During such visits, prison inmates who have been unlawfully detained are released either unconditionally or on such terms as to guarantee their appearance.
78. The Nigerian Police Force established the Complaint Response Unit in November 2015 to address complaints of allege human rights abuse against police personnel. The Unit is domiciled in all States Commands and the Force Headquarters. The Force also created a human right desk in the force headquarters and all the 36 state commands to ensure that the rights of citizens are respected and complaints are promptly attended to and solved.
79. The force has also made it a policy to organise human rights education and training for all its personnel to sensitize them on human rights issues and to ensure that they respect and comply with such provisions in the course of their duties. A number of organisations have also supported the police with training on human rights issues. These organisations include the National Human Rights Commission (NHRC), UK Department for International Development (DFID) and CLEEN Foundation. The Nigeria Police force has also trained its officers on the need to respect and implement the provisions of the Criminal Justice Act 2015.
80. The police force in partnership with the Legal Aid Council of Nigeria (LACON), The Rights Enforcement and Public Law Centre (REPLACE) and Open Society Justice Initiative (OSJI) launched the Police Duty Solicitor scheme (PDSS). The scheme ensures free legal services for arrested or detained persons in police formations.
Recommendations 135.113–120: Facilitate access to justice
81. Section 17 (1) (e) of the Constitution states that the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained. To fastrack the administration of criminal justice, the Administration of Criminal Justice Act, 2015 (ACJA) was enacted. The ACJA makes provisions for pre-trial remand on the orders of the court. This enables the court to supervise pre-trial detention in order to prevent arbitrariness and abuse by law enforcement agencies.
(a) Corruption and Financial Crimes Case Trial Monitoring Committee. This is a new committee set up by the Chief Justice of Nigeria early 2018 to monitor the trial of
corruption and financial crimes cases in various courts. This will enhance expeditious, diligent and transparent disposal of corruption and financial crimes cases by the courts;
(b) Special Panels of the Supreme Court and Court of Appeal. Special Panels of the Supreme Court and Court of Appeal were set up by the Chief Justice of Nigeria, which in a matter of months disposed of several corruption and financial crimes cases some of which had been pending in court for years;
(c) Practice Directions: Between 2013 and 2017, heads of various appellate courts and High Courts both at the Federal and State levels have issued Practice Directions to fast –track the trial and disposal of corruption and financial crimes cases. These are: the Supreme Court (Criminal Appeals) Practice Directions 2013; Court of Appeal (Fast Track) Practice Directions, 2014; Federal High Court Practice Directions, 2013 and the Practice Directions of the Federal Capital Territory, 2017;
(d) Justice Sector Reform: The reform initiatives embarked upon by the Federal Government in collaboration with the States and CSOs has resulted in the following outputs:
(i) The development and adoption of the national policy on Prosecutions, 2014 and its supplementary Code of Conduct for Prosecutors in Nigeria and Guidelines for Prosecutor;
(ii) The enactment of the Administration of Criminal Justice Act 2015.
(e) Trial of Boko Haram members. In July 2018, 113 members of Boko Haram were convicted, 111 were discharged and acquitted while 73 cases were adjourned for continuation of trial. In February, 2018, 331 cases were tried. Two hundred and five (205) of the members of the Boko Haram were convicted. A total of 526 suspects were discharged while 73 cases were adjourned. In October 2017, 45 members of the Boko Haram were convicted, 1669 were remanded while 468 were discharged.
Recommendation 135.115: take necessary measures to ensure that the Child Rights Act 2003 is incorporated into the legal system of states of the federation
82. The Child Rights Act 2003 is the only law in Nigeria that sets a minimum age of 18 years for marriage. So far 24 states out of 36 states have adopted the law; the states that are yet to adopt the law being in the Northeast and Northwest of the country. However the federal government through the Federal Ministry of Women Affairs and Social Development is working with relevant child rights stakeholders including other ministries, departments and agencies of government, CSOs and faith based organisations, to ensure that states that are yet to adopt the law do so.
Recommendations 135.130–133: Continue efforts to guarantee access to adequate housing
83. Section 16 (2) of the Constitution provides that the State shall direct its policy towards ensuring that suitable and adequate shelter are provided for all citizens.
Government is constructing 2,736 pilot scheme housing units in 33 states of the federation.
Federal Government allocated N35 Billion Naira in the 2018 budget for National Mass Housing Programme. Further, Federal Mortgage Bank and Federal Housing Authority are Government institutions established with the purpose of providing housing needs of Nigerians. Additionally, the National Housing Fund Act established the National Housing Fund whose aim is to facilitate the mobilization of funds for the provisions of housing needs of Nigerians at affordable prices.
