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  • Onnoghen: UN faults Buhari, says decision to suspend, sack CJN should be by independent authority

    Diego Garcia-Sayan, the United Nations special rapporteur on the independence of judges and lawyers, on Monday, said that On an independent authority has the right to suspend or remove a judge.

    This was said in a statement regarding the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen by President Muhammadu Buhari.

    In the statement shared on the verified Twitter handle of the body, Garcia-Sayan said, “International human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence. Any decision to suspend or remove a judge from office should be fair and should be taken by an independent authority such as a judicial council or a court,” said the UN human rights expert.

    “The dismissal of judges without following procedures laid down by the law and without effective judicial protection being available to contest the dismissal is incompatible with the independence of the judiciary,” the UN expert warned.

    Chief Justice Walter Onnoghen was suspended on 25 January 2019 and replaced by Ibrahim Tanko Mohammad.

    The President of Nigeria said he had acted in compliance with an order issued two days earlier by a tribunal established under the Constitution to decide on alleged breaches of the Code of Conduct for Public Officials. However, four separate Nigerian courts – the Court of Appeal, the National Industrial Court and the two Federal High Courts – had already ordered a stay of proceedings in the Tribunal. Moreover, the said order upon which the suspension was based, was issued ex-parte while the motion on notice on the same subject was adjourned the day before by the issuing court.

    “All State institutions must abide by the decisions of national courts and tribunals. In the case of Chief Justice Onnoghen, four national courts hierarchically superior to the Code of Conduct Tribunal had already ordered a stay of proceedings, and the Tribunal had in a previous case, eight months earlier, held that it lacked jurisdiction over cases involving judicial officers, which should be processed by the National Judicial Council,” the UN expert stressed.

    Some of the judges handling the case of the Chief Justice and the defence lawyers have been subject to serious threats, pressures and interferences. “I am seriously concerned at such allegations, which may constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession,” said the expert.

    “One of the senior advocates defending the Chief Justice was arrested on Wednesday by security agencies. Lawyers play an essential role in securing access to justice, and should never suffer, or be threatened with, prosecution or other sanctions for action taken in accordance with recognized professional duties, standards and ethics,” added Mr. García-Sayán.

    The UN expert has expressed his concerns to the Nigerian Government and will continue to follow events.

  • Onnoghen: SERAP writes UN, lambasts Buhari for flagrant abuse of judicial process

    The Socio-Economic Rights and Accountability Project (SERAP) has urged the National Judicial Council (NJC) “to immediately take over from the Code of Conduct Tribunal the case of Chief Justice of Nigeria, Justice Walter Onnoghen with a view to setting up a committee to investigate the allegations of breach of constitutional asset declaration requirements against him.”

    TheNewsGuru (TNG) reports this is contained in an open petition to the Next-In-Rank to the Chairman of the NJC, which was also copied to Mr. Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers.

    SERAP, in the petition dated 26 January 2019 and signed by its senior legal adviser Bamisope Adeyanju, also urged the NJC to “ask Justice Onnoghen to step aside from his role as Chief Justice pending the outcome of your investigation into the allegations against him. Also, if following your investigation, the allegations against Justice Onnoghen is established, the NJC should refer the case to appropriate anti-corruption bodies for prosecution. Similarly, Justice Ibrahim Tanko Muhammed should recuse himself from the process, as the Acting Chief Justice of Nigeria.”

    The organization asked the NJC to: “consider the issue of appointment of Justice Muhammed with a view to ensuring strict compliance with constitutional provisions. The NJC should take the recommended action within 5 days of the receipt and/or publication of this letter, failing which SERAP will take appropriate legal action to compel the NJC to take action on the case.”

    The organisation said: “The urgent intervention by the NJC would remove the allegations against Justice Onnoghen from the vicissitudes of political controversy, and a clear and present danger to the independence and authority of the judiciary. It would also help to reverse the country’s increasing movement toward anarchy or despotism.”

    According to the organization, “It is in time like this that the NJC must be most vigilant and alive to its constitutional duties, if it is not to permit a diminution of our treasured constitutional rights.”

    The petition reads in part: “Neither knee-jerk reactions by politicians nor abuse of the legal and judicial process by the government and some senior lawyers would be acceptable to break the constitutional logjam. The NJC ought to be concerned with the gravity of allegations against Justice Onnoghen.

    “This matter has inevitably thrown our country into a judicial-cum-constitutional crisis, which if not urgently addressed would lead to political crisis that would seriously put at risk Nigeria’s fledgling democracy, consequently exacerbating the declining respect for human rights at all levels of government.

    “The NJC should not and cannot stand-by while the authority and independence of the judiciary is diminished to the point at which the citizens lose confidence and trust in its ability to render justice to those need.

    “SERAP is concerned that the politicization of our judiciary poses the greatest threat to the independence of the judiciary, to Nigeria’s fledgling democracy and would if not urgently addressed lead to denial of access to justice to the most marginalized and vulnerable section of the population.

    “The politicisation of the judiciary by politicians would endanger Nigerians’ fundamental human rights and the country’s international human rights obligations, and consequently, the fundamental principles of our constitutional democracy.

    “It is the responsibility of the NJC to ensure the preservation of our constitutional values and to prevent the politicisation of the judiciary and politicians from running roughshod over sacred judicial functions, and consequently, the rights of citizens.

    “Nigerians deserve a judiciary capable of serving as essential bulwark of constitutional government, a constant guardian of the rule of law, and owing fidelity to no person or party. Unless the NJC acts as requested, the mandates, ability and authority of the judiciary to act as a check on the political branches of government and to protect citizens’ human rights would be drastically curtailed.

    “The allegation that Justice Onnoghen failed to declare his assets as required by the Nigerian Constitution of 1999 (as amended) and the arbitrary response by the Federal Government have thrown our judiciary into a crisis, with politicians seemingly taking full advantage of the crisis, resulting in the politicization of the judiciary.

    “Many politicians have failed to consider the matter through a constitutional lens and have in fact made statements that may be considered prejudicial to the cause of justice, the interests of the judiciary and Nigeria.

    “As the Senate prepares to sit to discuss the matter, the situation is likely to be even more politicised, especially at the time of election when politicians jostle for position, power, and relevance. Any intervention by the Senate is likely to be politically motivated and would not satisfactorily break the logjam.

    “Many Nigerians would see the suspension of Justice Onnoghen as outright intimidation of the judiciary in the hope of making it more deferential to certain politicians, as judges prepare to hear flood of election petitions that are expected to follow the general elections in February and March 2019.

    “Suspending the Chief Justice of Nigeria by an exparte order obtained via an apparently flawed legal and judicial process is an absurdity too gross to be allowed to stand. It suggests the constitution is no longer the supreme law of the land.

    “Furthermore, SERAP is concerned that the allegations of violation of asset declaration provisions by Justice Onnoghen have created a palpable and rising distrust of the judiciary by the citizens, a distrust that may be exacerbated by the politicization of the judiciary by politicians across party lines.

    “The allegations against Justice Onnoghen unless properly and constitutionally resolved would continue to undermine his ability to faithfully discharge and perform his judicial duties as Chief Justice. At a time of judicial-cum-constitutional crisis, the NJC should not and cannot abdicate its constitutional responsibilities to intervene in this matter.

    “Judges have the responsibility to uphold the rule of law as an effective check on the political branches. But the judiciary cannot continue to play its traditional role as the guardian of the Constitution until the Justice Onnoghen’s matter is constitutionally and satisfactorily addressed.

    “Following the allegations that Justice Onnoghen failed to disclose huge sums of money in foreign and local currencies in his asset declaration forms and documents submitted to the Code of Conduct Bureau (CCB), a petition was sent to the CCB on January 7, 2019, the case which was later filed before the Code of Conduct Tribunal.

    “A catalogue of legal errors and flagrant abuse of the judicial and legal process by the government of President Muhammadu Buhari and some lawyers culminated in the purported order on the suspension of Justice Onnoghen as Chief Justice of Nigeria and the supposed appointment of Justice Ibrahim Tanko Muhammed as the Acting Chief Justice of Nigeria by President Buhari.”

     

  • UN sees increased prospects for peaceful, credible elections in Nigeria

    The United Nations says that there are increased prospects that the forthcoming general elections in Nigeria will be peaceful and credible.

    Special Representative of the Secretary-General and Head of the United Nations Office for West Africa and the Sahel (UNOWAS), Mohamed Chambas, said this in his latest briefing to the Security Council.

    Chambas said: “In Nigeria, tensions are high ahead of the presidential and parliamentary elections of Feb. 16, and the governorship and state assembly elections of March 2.

    “However, the prospects for peaceful and credible elections have been increased following the signing of the National Peace Accord in Abuja on Dec. 11, 2018.

    “Over the coming weeks, I will continue to engage actively with all stakeholders in Nigeria, including through the organisation of peace fora in the key states of Benue, Rivers, Kaduna and Kano.”

    The UN envoy said since his last briefing to the Security Council, further progress had been made in democratic consolidation in West Africa and the Sahel, in spite of persisting security challenges.

    “In the past six months, presidential elections were successfully organised in Mali, regional and parliamentary elections were held in Mauritania and Togo and local elections were organised in Cote d’Ivoire.

    “However, despite appreciable progress in democratic consolidation in the region, there is a need for continuous efforts to address contentious issues around elections.

    ” This is to prevent and mitigate election-related violence, as well as to support inclusive dialogue as a key attribute of inclusive societies.

    “This is even more important as over the next six months, the region will see several high-stake elections in Nigeria, Senegal, Mauritania and Benin.”

    He expressed regret over the rising number of attacks and the increasing sophistication in the tactics deployed by extremist groups, saying it risks undermining the collective efforts in the region.

    Military solutions, while necessary, are not sufficient, Chambas said, encouraging all actors to ensure holistic responses, grounded in the respect of human rights, and the socio-economic needs of the population in the affected areas.

    “Through inclusive approaches predicated on national ownership, we must continue to work hard on addressing the governance deficits, the extreme poverty and lack of development that feed and sustain armed violence and extremism,” he said.

    He said Boko Haram attacks in the Lake Chad Basin over the last months had increased, especially in Borno and Yobe during the last week of December alone.

    “Violent clashes between farmers and herders are also continuing, although on a lesser scale, thankfully, than in the first half of 2018,” he said.

    In its efforts towards advancing the long-term stabilisation goals of the region, Chambas said UNOWAS continued to work closely with regional partners, including ECOWAS, the G-5 Sahel and the Lake Chad Basin Commission (LCBC).

    “Laudable progress was made in the implementation of Security Council resolution 2349 (2017) to support a regional response to the crisis in the Lake Chad Basin.

    “On 30 August, the LCBC Ministerial Council adopted a Regional Strategy for Stabilisation, Recovery and Resilience of the Boko Haram-affected areas of the Lake Chad Basin.

    “The meeting took place before the high-level conference on the Lake Chad region, which was held from September 3 to 4 in Berlin, during which partners pledged over $2 billion to help meet the needs of the more than 17 million people affected by this crisis.”

    He also commended the holding of the ECCAS-ECOWAS joint Summit on July 30 in Lome as an important step towards addressing cross border threats facing West and Central Africa.

    As one of the key outcomes of the summit, Heads of State and Government affirmed their readiness to enhance the inter-regional collaboration.

    It is to jointly address threats to peace and security, including from violent extremism.

    The UN envoy said the leaders also committed to holding regular meetings to identify measures for the prevention and peaceful management of farmer-herder conflicts.

  • Nigeria lost $2.8 billion to ‘oil-related crimes’ in 2018 – UN

    The United Nations says Nigeria lost an estimated 2.8 billion dollars in revenues in 2018, mainly due to oil-related crimes.

    This is according to a new ‘Report by the Secretary-General on the activities of the United Nations Office for West Africa and the Sahel (UNOWAS)’ on Monday in New York.

    The report, which covered from July 1, 2018 to December 31, 2018, said “Maritime crime and piracy off the coast of West Africa continued to pose a threat to peace, security and development in the region.

    “Oil-related crimes resulted in the loss of nearly 2.8 billion dollars in revenues last year in Nigeria, according to government figures.

    “Between January 1 and November 23, there were 82 reported incidents of maritime crime and piracy in the Gulf of Guinea.’’

    The report also noted that compared to the situation reflected in the previous report, there was an increase in drug trafficking throughout West Africa and the Sahel.

    “In Benin, the Gambia and Nigeria, more than 50 kilogrammes of cocaine were seized between July and October by joint airport interdiction task forces.

    “During the same period, joint airport interdiction task forces seized more than six kilogrammes of methamphetamines, eight kilogramme of heroin (double the amount in the first half of 2018) and 2.6 tonnes of cannabis.

    “Drug production across the region was also reportedly on the rise, with more than 100 kilogrammes of ephedrine and phenacetin seized by competent authorities,’’ the report said.

    During the reporting period, it said that conflicts between farmers and herders resulted in loss of lives, destruction of livelihoods and property, population displacements and human rights violations and abuses.

    The report said outbreaks of violence were recorded in many states across Nigeria, although with more frequency in the Middle Belt region, as well as Adamawa and Taraba.

    It said the spike in conflict between farmers and herders was closely linked with demographic pressures, desertification and the attendant loss of grazing reserves and transhumance routes, which had been exacerbated by climate change.

    Others were challenges in the implementation of effective land management and climate change adaptation policies, and limited enforcement of existing pastoral laws.

    Political and economic interests, the erosion of traditional conflict resolution mechanisms, and weapons proliferation, were other factors attributed to the increased cases of herders-farmers conflict.

  • UN chief urges peaceful, credible elections in Nigeria, others

    UN chief urges peaceful, credible elections in Nigeria, others

    UN Secretary-General Antonio Guterres has called for peaceful, inclusive and credible elections in Nigeria.

    Guterres made the call in a report to the Security Council on the activities of the United Nations Office for West Africa and the Sahel (UNOWAS).

    The UN chief also appealed for peace in other countries in the West African sub-region holding elections in 2019, noting that there has been incremental improvement in the conduct of elections in the region.

    “However, the pre-and post-electoral periods have often been characterised by antagonistic contestations and disputes.

    “I call upon authorities and national stakeholders to work together to ensure a level playing field and to create an environment conducive to the holding of peaceful, inclusive and credible elections in 2019 in Benin, Guinea, Guinea-Bissau, Mauritania, Nigeria and Senegal.”

    Guterres said: “In Nigeria, tensions have been rising ahead of the presidential and parliamentary elections of 16 February 2019, and of the gubernatorial and state assembly elections of 2 March 2019″.

    According to him, concerns were raised by the alleged instrumentalisation of security forces in recent gubernatorial elections”.

    The UN scribe said there were also concerns in the surge in alleged vote buying.

    The challenges related to the ability of internally displaced persons to participate in the polls amid ongoing terrorism and violence between farmers and herders, is also a concern, he said.

    The UN chief also noted what he termed “a series of high-profile defections” from one political party to the other in the country.

    “In his capacity as my High-level Representative for Nigeria, my Special Representative continued consultations with key national stakeholders to promote an environment conducive to peaceful general elections in 2019.

    “My Special Representative initiated and participated in a joint pre-electoral mission to Nigeria with ECOWAS and the African Union from 29 to 31 October.

    “During the mission, he consulted with the President, the Office of the Inspector-General, senior military officials, civil society organisations and other key actors and institutions,” Guterres said

  • UN aircraft lift over 58,000 passengers in Nigeria in 2018

    UN aircraft lift over 58,000 passengers in Nigeria in 2018

    The United Nations Humanitarian Air Service (UNHAS) successfully transported over 58,000 passengers by both helicopter and fixed-wing aircraft between January and November 2018 in support of humanitarian efforts in Nigeria.

    The UNHAS fixed-wing service focuses on Borno and Adamawa states, two of the three states most affected by ongoing conflict in the Northeast of Nigeria, linking both state capitals with Abuja, the Federal Capital. The helicopter operation provides the humanitarian community in Northeast Nigeria with access to 11 remote and very challenging locations throughout Borno in order to support the implementation and monitoring of humanitarian interventions and life-saving programmes in conflict-affected locations. Passengers transported include humanitarian workers operating in field locations, visiting donors and high-level delegations from within and outside of Nigeria.

    UNHAS, managed by the UN World Food Programme (WFP), also air-lifted 62 casualties in need of emergency medical treatment from locations throughout Borno to Maiduguri. In addition to critical trauma cases, severely malnourished internally displaced children were also among those transported.

    Within the same period, UNHAS transported over 135,000kg of urgently required cargo as part of the UN’s humanitarian interventions in the hardest-to-reach areas of north east Nigeria.

    “Running an operation of this large scale is extremely complex. We receive on weekly basis hundreds of flight requests coming from more than 56 humanitarian organizations. I’ve watched the operation grow over time since 2015 when we came to set up, and I’m in no doubt that the work we do in UNHAS is saving lives,” says Bruce Walker, Chief Air Transport Officer. “The success of every humanitarian sector, whether it be the delivery of medical services, clean water, logistics or food, depends on the air support we provide. That’s why UNHAS Nigeria is here to support.”

    To sustain its operations, UNHAS urgently requires US$7 million net funding through June 2019. Indeed, UNHAS is fully reliant upon the support of international donors such as Belgium, Canada, the European Union (EU), Germany, the Nigeria Humanitarian Fund (NHF), Sweden, Switzerland, United Kingdom, UNCERF and the United States government (USAID) to continue its operations.

     

  • SERAP drags FG to UN over ‘failure to end ASUU strike’

    Socio-Economic Rights and Accountability Project has sent an urgent appeal to two UN special rapporteurs urging them to “prevail upon the government of President Muhammadu Buhari and the leadership of Academic Staff Union of Universities (ASUU) to reach an agreement to end the ongoing strike action by ASUU, which continues to have real and dire consequences on the right to higher education, specifically university education, as guaranteed by the International Covenant on Economic, Social and Cultural Rights, to which Nigeria is a state party.”

    In the urgent appeal dated 28 December 2018 and signed by SERAP senior legal adviser Bamisope Adeyanju, the organization said: “By failing to prevent and end the ongoing strike action by ASUU, the Nigerian government has defied and breached the explicit requirements of the right to equal access to higher education by Nigerian children and young people, under article 13(2)(c) of the International Covenant on Economic, Social and Cultural Rights.”

    The urgent appeal sent to Ms. Koumbou Boly Barry, Special Rapporteur on the right to education and Professor Philip Alston, Special Rapporteur on extreme poverty and human rights argues that: “The failure by the Nigerian government to reach an agreement with ASUU has also implicitly made access to higher education a privilege of the rich and well-to-do rather than a right of every Nigerian child and young person, as students in private schools continue to attend classes while those in public universities stay at home.

    According to SERAP, “The failure to end the ongoing strike action by ASUU is also a fundamental breach of the right to higher education without discrimination or exclusion, as strike actions continue to penalise economically disadvantaged parents who have no means or lack the capacity to pay to send their children to private schools.

    The urgent appeal read in part: “The obligations of the Nigerian government to create the conditions necessary for the enjoyment of the right to education include to take preventive measures to address the root causes of strike action by ASUU and to take steps to end any strike action in a timely manner when it occurs.”

    “It is the responsibility of the government to preserve and strengthen education as a public good and a matter of public interest. Without the urgent intervention of the Special Rapporteurs, the ongoing strike action by ASUU would continue and this would continue to impede access to university education for the poor and marginalized.”

    “SERAP is concerned that Nigerian students in public universities have suffered many years of academic disruption as a result of the failure of successive Nigerian governments to address the root causes of strike action by ASUU and to timely reach agreement to end strike action and its devastating consequences on the right to equal and quality higher education.”

    “Persistent strike actions in the education sector have continued to cause disruption of classes and undermine both the quality and duration of students’ education.”

    “We note that the right to strike is one of the fundamental means available to workers to promote their interests. However, we are seriously concerned that the failure by both the Nigerian government and ASUU to make substantial progress in negotiations and reach amicable settlement to end the unduly prolonged strike action has undermined the right of Nigerian children and young people to higher education.”

    “The ongoing strike action by ASUU in Nigeria if not urgently addressed would continue to have grave consequences for the youth of our country as well as the country’s development and progress as a whole.”

    “Universal access is an essential prerequisite for the exercise of the right to education. But the failure by the Nigerian government to end the strike action by ASUU has contributed to denying students from disadvantaged backgrounds equal access to university education, as these students are unable or lack the capacity to pay to access private schools.”

    “This situation has aggravated existing disparities in access to university education in the country, further marginalizing economically disadvantaged parents and students.”

    “SERAP believes that providing Nigerian children and young people equal access to higher education should be the core public service functions of the Nigerian government. Providing public schools ranks at the very apex of the function of a State.”

    “SERAP believes that equal access of Nigerian children and young people to quality and uninterrupted education including at the university level would contribute to producing citizens who are fundamentally equal and people who actively participate in society. It would enable people to enjoy the rights as well as fulfil obligations that are associated with citizenship.”

    “According to our information, members of ASUU suspended their academic responsibilities in the first week of November 2018, and weeks of negotiations with the Nigerian government since then have yielded no amicable settlement or agreement. ASUU is alleging failure by the Nigerian authorities to implement 2009 agreement and the 2013 Memorandum of Understanding.”

    “SERAP notes that article 13(2)(c) of the International Covenant on Economic, Social and Cultural Rights explicitly guarantees the right to higher education, which includes university education. According to the Committee on Economic, Social and Cultural Rights, states parties are required to make higher education including university education available on equal basis, and to ensure the progressive introduction of free education at all levels of education.”

    “States parties including Nigeria have obligations to ensure that the liberty of providing education set out in article 13(4) of the International Covenant on Economic, Social and Cultural Rights does not lead to extreme disparities of educational opportunity for some groups in society.”

    “The rights and values enshrined in the Constitution of Nigeria 1999 (as amended) all point to the right to the provision of equal access to quality education including at the university level. These rights include human rights, such as the right to equality and the right to human dignity as well as numerous other civil and political rights, such as access to information, which cannot be properly understood or exercised if one is inadequately trained and uneducated.”

  • UN chief says world still on red alert, but…

    UN chief says world still on red alert, but…

    United Nations Secretary-General Antonio Guterres has restated the red alert he issued on Jan. 1, 2018 over a range of dangers confronting the world, which “still persist” as 2019 looms.

    The UN chief said in his message for the New Year that “these are anxious times for many, and our world is undergoing a stress test”.

    He reiterated one of his calls during 2018 over climate change, saying it was still “running faster than we are,” and that deepening geo-political divisions are making conflicts more difficult to resolve”.

    He said record numbers of people were moving in search of safety and protection, inequality is growing and “people are questioning a world in which a handful of people hold the same wealth as half of humanity”.

    Moreover, he said that intolerance was on the rise while trust was also declining.

    “But there are also reasons for hope, notably in Yemen where breakthrough talks have created an opportunity at least, for peace,” the Secretary-General said.

    Guterres also cited the September agreement signed in Riyadh between Ethiopia and Eritrea, which eased long-running tensions and brought improved prospects to an entire region as cause for optimism.

    Likewise, he pointed to the agreement between warring parties in South Sudan which had revitalised chances for peace, “bringing more progress in the past four months than in the previous four years”.

    The UN was also able to bring countries together in Katowice, Poland, to agree on a programme to implement the Paris Agreement on climate change.

    “Now we need to increase ambition to beat this existential threat, it’s time to seize our last best chance to stop uncontrolled and spiraling climate change,” Guterres said.

    The UN chief said in recent weeks, the UN also oversaw landmark global agreements on migration and refugees, “that will help to save lives and overcome damaging myths”.

    And people everywhere are mobilising behind the Sustainable Development Goals (SDGs), which he called “our global blueprint for peace, justice and prosperity on a healthy planet.”

    “When international cooperation works, the world wins,” the UN chief stressed.

    He maintained that in 2019, the UN “will continue to bring people together to build bridges and create space for solutions,” keeping up the pressure for change.

    “As we begin this New Year, let’s resolve to confront threats, defend human dignity and build a better future – together,” Guterres said, wishing the world a peaceful, prosperous and healthy 2019.

     

  • Unimaginable horrors of Nigerian migrants in Libya

    The United Nations has released a new report, which detailed the unimaginable horrors Nigerian migrants were being subjected from the moment they entered Libya and throughout their stay in that country.

    The report, released by the United Nations Support Mission in Libya (UNSMIL) and the UN Office of the High Commissioner for Human Rights (OHCHR), also showed the horrors of attempting to cross the Mediterranean to Europe.

    Entitled: ‘Desperate and Dangerous: Report on the human rights situation of migrants and refugees in Libya’, it detailed the horrific conditions Nigerian migrants and refugees faced during their transit through and stay in Libya.

    The findings were based on first-hand accounts gathered by UN human rights staff from Nigerian migrants in Libya, those who had returned to Nigeria, and Nigerians who managed to reach Italy.

    The report covered 20-months up till August 2018, detailing a terrible litany of violations and abuses committed by a range of state officials, armed groups, smugglers and traffickers against migrants and refugees.

    The accounts of the Nigerian migrants were mostly those of woes ranging from unlawful killings to gang rape, prostitution, arbitrary detention, torture and inhumane treatment, unpaid wages, slavery, human trafficking, racism and xenophobia.

    Libyan law criminalises irregular entry into, stay in or exit from the country with a penalty of imprisonment pending deportation, without any consideration of individual circumstances or protection needs.

    For instance, a 27-year-old man from Nigeria, who was held in captivity in Sabratah between May and October 2017, gave an account of death penalty in Libya.

    He described witnessing a migrant being shot by a “drunk guard for no apparent reason”, and another being shot point blank over a disagreement about a sim card.

    A Nigerian woman who had returned home in December 2017, gave account of rape, forced prostitution and other sexual violence.

    “To be sold and forced to have sex with Arab or African men either to pay for the journey or to extract your money is a common thing to happen to you as a woman or a girl, all over the journey from day one in the desert until you depart Libya.”

    A woman from Nigeria who arrived in Italy in April 2018 recounted being raped consecutively by four men, about three times a week, while held at a site in Sabha.

    She described how five men would enter detainees’ cells together and concurrently rape five women.

    When she arrived in Libya, she was in the early stages of pregnancy and suffered a miscarriage, she believed, as a result of rape.

    She claimed that when women died at the facility, guards would just shrug and remove the bodies.

    Women and girls were compelled to engage in sexual acts against their will and were under the absolute power and control of their captors, the Nigerian migrants recounted.

    “In particular, Nigerian women and girls appear to be vulnerable to trafficking by multinational criminal networks in their countries of origin.

    “They embark on their journeys believing office work awaits them in Europe but find themselves in so-called “connection houses” (“brothels”) in Libya,” the report stated.

    A 22-year-old Nigerian woman, who was forcibly taken to a “connection house” in Tripoli’s Gergaresh neighbourhood shortly after arriving to Libya, was given a “choice” of either paying a “debt” of 24,000 Libyan dinars (then about $28,000) to her traffickers or engaging in sexual activities.

    She was forced into the second option for nearly one year until the “connection house” was raided by a Tripoli-based armed group in early 2017.

    She described the “connection house” as several three-bedroom flats, where an estimated 100 Nigerian women and girls aged between 15 and 22 shared rooms, using a curtain as a partition when engaged with “clients”.

    The women were never allowed to leave the “connection house” or to make contact with the outside world; they had to endure being raped by up to 20 men a day.

    They were not given any contraception, and several consequently got pregnant and forced to pay for dangerous abortions carried out at the “connection house”.

    As they were not allowed to keep any money in their possession and therefore unable to make payments directly, their “debts” were increased instead.

    The woman described seeing another victim bleed to death following an abortion.

    A 19-year-old girl from Nigeria promised domestic work by her traffickers found herself in a “connection house, recounted her shock.

    “At first, I refused to work. But if girls refused to work, they – connection house management and guards – would kill you or rape you and do anything they wanted to you.

    “I had to stay there for nearly a year, until I paid my debt of 1.3 million Naira ($3,500),” she said.

    Apparently due to her inability to pay a ransom, a 20-year-old Nigerian woman was forcibly transferred by smugglers/traffickers from a facility where she had spent one month to a “connection house” for one year and a half until March 2018.

    She reported being beaten at the “connection house” in Sabha for initially refusing to engage in sex work.

    As in “connection houses” in Tripoli, women and girls as young as 15 reportedly worked and slept at the facility, where they were locked up for the duration of their stay.

    They were forced to receive several clients – up to 10 – per day under threat of beatings and other abuse. She reported suffering a miscarriage and not receiving any medical treatment.

    A 23-year-old woman from Nigeria intercepted by the Libyan Coast Guard (LCG) off the coast of Zuwara in January 2017 recalled the panic caused when members of the LCG jumped onto their dinghy and shot in the air.

    Some migrants and/or refugees were reportedly beaten with hoses and the back of rifles for refusing to point out the “captain” – or individual steering the boat – to the LCG.

    A group of Nigerian men, detained at the Zuwara detention centre for two months following interception at sea in January 2018, described being beaten with water pipes and given electric shocks daily.

    They also described detainees being locked up in the refrigerated back of a van used to transport perishable food as punishment.

    A Nigerian man, who had lived and worked in Libya for 18 years, spent over one year held in the Mitiga detention centre without charge or trial after being handed over to SDF by armed men who kidnapped him in the street and collected a ransom from his wife.

    In April 2017, he and dozens of other migrants were transferred from Mitiga detention centre to the DCIM detention centre at Tarik al-Sikka. He was deported in December 2017 for being in the country illegally.

    He had no opportunity to explain that his residence had lapsed because he had been in detention. While held at the Mitiga detention centre, he was forced to construct and paint prison cells.

    He was also beaten, held in solitary confinement for six months, slept on cardboard and rags and was denied medical treatment and family visits.

    A group of 16 Nigerian women arrested during house raids in Misrata in late August 2017 recounted being beaten with sticks and water pipes and being given electric shocks at a local police station, while being called “whores”.

    They were then transferred to al-Jawiya Prison, apparently on accusations of prostitution and alcohol consumption.

    Three women in the group suffered miscarriages in the subsequent two months, possibly due to beatings upon their arrest and medical neglect while in custody.

    They were not taken to the hospital when their bleeding started. One of the women, seven-month pregnant at the time, added: “I was feeling very sick. My friends (cellmates) started banging at the door.

    “They (prison administration) eventually took me downstairs to give me a drip (in the local clinic), but they refused to transfer me to the hospital. When I lost the baby, I had to flush it, together with the blood clots, down the toilet.”

    A Nigerian woman described to UNSMIL how “Asma boys” (as migrants refer to criminals in Libya) broke into her house, searching for money.

    They beat her even though she was visibly pregnant at the time; she showed UNSMIL a scar on her arm, which she claimed she sustained when she shielded her face from an incoming knife stab.

    The report said: “Countless migrants and refugees lost their lives during captivity by smugglers after being shot, tortured to death or simply left to die from starvation or medical neglect.

    “Across Libya, unidentified bodies of migrants and refugees bearing gunshot wounds, torture marks and burns are frequently uncovered in rubbish bins, dry river beds, farms and the desert.’’

    Tens of thousands of young men and women have been returned from Libya by the Federal Government since 2017 through the Voluntary Humanitarian Returns programme of the International Organisation for Migration.

    Dame Julie Okah-Donli, Director-General, National Agency for the Prohibition of Trafficking in Persons (NAPTIP), said no fewer than 13,000 trafficked Nigerians had been rescued by the agency by March 2018.

    “Some of them came back with all sorts of conditions – some treatable, some untreatable, some with hepatitis, HIV, some with full-blown AIDS,” she said, adding many of the victims have psychological problems.

    “A lot of them come back mentally sick and so we have to refer them to the mental hospitals because they were traumatised, they’ve been beaten, raped and used,” she said.

     

  • Guinea-Bissau needs genuinely free, fair elections – UN Security Council

    Guinea-Bissau needs genuinely free, fair elections – UN Security Council

    The UN Security Council says political actors in Guinea-Bissau must demonstrate renewed good faith to hold “genuinely free and fair elections” to break cycle of instability in the country.

    The 15-member Security Council in a statement warned that the country was set to face continuous cycle of instability unless the political actors commit to holding free and fair poll.

    The Council expressed regret that the country did not hold elections as planned on Nov. 18, and voiced “deep concern” over preparations for the polls, now scheduled for March 10, 2019.

    Holding “genuinely free and fair” elections on the revised date across the small West African nation, bordering Senegal, is vital to preserve the “still fragile gains” in the path to stability in the country, the Council members said.

    “Legislative elections are a fundamental step in resuming sustainable and nationally owned reforms and should take place prior to the presidential elections foreseen in 2019,” they added.

    The Council members also reiterated the important role of ECOWAS in supporting peacebuilding and sustaining peace in Guinea-Bissau, commending the regional bloc for its “determination” to hold accountable all those who deliberately obstructed the smooth conduct of the electoral process.

    Security Council members also recalled the implementation of the October 2016 Conakry Agreement, the primary framework for a peaceful resolution of the political crisis in the country, noting its importance to ensure political stability and build sustainable peace in Guinea-Bissau.

    Council members also commended the country’s defence and security forces for their “continued non-interference” in the politics of Guinea-Bissau, and strongly urged them to continue in that vein.

    They also encouraged the continuation of the ECOWAS Mission in Guinea-Bissau through the end of the electoral cycle in 2019 to maintain stability in the country and invited international partners to support ECOWAS in that regard.

    The Council’s statement followed a briefing, last week, by Taye-Brook Zerihoun, UN Assistant Secretary-General for Political Affairs, and Ambassador Mauro Vieira of Brazil to the UN on the developments in the country.