Such is the fate of the National Human Rights Commission (NHRC).
Established in 1995 by the most unlikely person, General Sani Abacha,
the Commission got the much needed boost in 2011 when the President, Dr
Goodluck Jonathan signed into law the National Human Rights Commission
Amendment Act.
From a humble beginning in 1996 when the Commission received only 41
petitions, the Commission has continued to grow steadily. In 2013 it
received 26, 067 petitions. However, given the population of Nigeria and
the level of atrocities, that figure shows that Nigerians are not yet
confident that they can get a remedy from the Commission. As we await
the statistics of petitions filed in 2014, there are signs that many
are turning to the commission for help.
In line with its new powers, the Commission in 2013 held its first ever
public inquiries in the case of Global Rights, Nasiru Adamu and Others
vs Federal Republic of Nigeria and Others over allegations of
extra-judicial killings of squatters at Apo Legislative Quarters by
security forces.
In a decision rendered this year, the Commission made a bold statement
to all security agencies that it was no longer going to be business as
usual.
Until the appointment of Chidi Odinkalu as the Chairman of the
Governing Council of the NHRC, the Commission had no Standing Order and
Rules of Procedures governing the procedure for handling petitions
submitted to it.
Following mass demolitions of houses across the country, the Commission
held public hearings in selected states among the six geographical
zones. The report of these hearings is yet to be published.
In order to make the submission of petitions easier, the Commission
made arrangements with the Nigerian Postal Service to collect petitions
free from petitioners and transmit them to the Commission who will in
turn pay for the service.
Within a short time, NHRC has repositioned itself as the foremost
institution to approach for complaints over human rights abuses. Even
the politicians have taken notice. The Governor of Rivers State,
RotimiAmaechi wrote a petition to the Commission against former Police
Commissioner in the state, Mr. Joseph Mbu. Mrs. Clara Chime, wife of the
Enugu State Governor, Sullivan Chime also wrote to the commission
alleging false imprisonment.
Despite the strong showing recorded by the Commission, challenges
remain. For a Commission with such enormous powers and
responsibilities, funding remains inadequate.
Secondly, many of its staff lack the capacity to perform their jobs
effectively. Some of the staff simply have no business being at the
Commission. In this wise, training to boost the capacity of the workers
is recommended.TheCommission may also have to source for funding abroad
and find sponsors to train its staff.
The Commission also has to establish a department to communicate with
petitioners. Too many people complain that they did not get any feedback
from the Commission on their petitions. When a petition is
inadmissible, the Commission should write to the petitioner and inform
him of this fact. There is the need to keep on informing petitioners
about the progress of their petitions. Many of the petitioners are happy
to know that an institution is listening to them and attending to their
complaints.
NHRC also needs to connect with civil society organisations. This will
make the Commission's job a lot easier. Without these organisations,
reaching out to the people will remain difficult.
Where it is possible, efforts should be made to prevent human rights
abuses. Therefore, advocacy and enlightenment remain critical. In these
two department, the commission did get a good feedback.
Notwithstanding these challenges, the NHRC is on course and should not
relent in its efforts to bring succor to Nigerians whose rights are
trampled upon on a daily basis.
In the past, undue interference by the executive ensured that the
Commission remained a toothless bulldog. But the Jonathan administration
has done very well by refusing to interfere with the work of the
Commission even when comments from the Commission do not favour the
executive.
In the past, no government displayed this level of neutrality. For
this, the President deserves commendations. First, he signed into law
the amendment that enhanced the work of the Commission. Secondly, he
refused to interfere or tele-guide the Commission.
The NHRC is mandated to:
(a) deal with all matters relating to the promotion and protection of
human rights guaranteed by the Constitution of the Federal Republic of
Nigeria, the United Nations Charter and the Universal Declaration on
Human Rights, the International Convention on Civil and Political
Rights, the International Convention on the Elimination of all forms of
Racial Discrimination, the International Convention on Economic, Social
and Cultural Rights, the Convention on the Elimination of all forms of
Discrimination Against Women, the Convention on the Rights of the Child,
the African Charter on Human and Peoples’ Rights and other
international and regional instruments on human rights to which Nigeria
is a party;
(b) monitor and investigate all alleged cases of human rights
violations in Nigeria and make appropriate recommendations to the
Federal Government for the prosecution and such other actions as it may
deem expedient in each circumstance;
(c) assist victims of human rights violations and seek appropriate redress and remedies on their behalf;
(d) undertake studies on all matters pertaining to human rights and
assist the Federal, State and Local Governments, where it considers it
appropriate to do so, in the formulation of appropriate policies on the
guarantee of human rights;
(e) publish and submit, from time to time, to the President, the
National Assembly, the Judiciary, State and Local Governments, reports
on the state of human rights promotion and protection in Nigeria;
(f) organise local and international seminars, workshops and conferences on human rights issues for public enlightenment;
(g) liaise and cooperate, in such a manner as it considers appropriate,
with local and international organisations on human rights for the
purpose of advancing the promotion and protection of human rights;
(h) participate, in such manner as it considers appropriate, in all
international activities relating to the promotion and protection of
human rights;
(i) maintain a library, collect data and disseminate information and materials on human rights generally;
(j) receive and investigate complaints concerning violations of human
rights and make appropriate determination as may be deemed necessary in
each circumstance;
(k) examine any existing legislation, administrative provisions and
proposed bills or bye-laws for the purpose of ascertaining whether such
enactments or proposed bills or bye-laws are consistent with human
rights norms;
(l) prepare and publish, in such a manner as the Commission considers
appropriate, guidelines for the avoidance of acts or practices with
respect to the functions and powers of the Commission under this Act;
(m) promote an understanding of public discussion of human rights issues in Nigeria;
(n) undertake research and education programmes and such other
programmes for promoting and protecting human rights and co-ordinate any
such programme on behalf of the Federal, State or Local Government on
its own initiative or when so requested by the Federal, State or Local
Government and report concerning the enactment of legislation on matters
relating to human rights;
(o) on its own initiative or when requested by the Federal, State or
Local Government, report on actions that should be taken by the Federal,
State or Local Government to comply with the provisions of any relevant
international human rights instruments;
(p) refer any matter on human rights violation requiring prosecution to
the Attorney-General of the Federation or of a State, as the case may
be;
(q) where it considers it appropriate to do so, act as a conciliator between parties to a complaint;
(r) carry out all such other functions as are necessary or expedient for the performance of these functions under the Act.
SOURCE: THISDAY
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