The African Commission on Human and Peoples’ Rights (ACHPR) has issued an urgent call for action in response to alarming reports of human rights violations in Nigeria’s detention facilities.
This action follows the detention of 76 individuals, including minors as young as 14, who have been charged with treason after participating in protests held in August 2024.
ACHPR’s Country Rapporteur on Human Rights for Nigeria, Dr Solomon Ayele Dersso, highlighted these concerns in a statement that outlines the Commission's dissatisfaction with the treatment of detainees in Nigeria.
The ACHPR’s call, which emphasizes upholding human rights and international standards for detention, places Nigeria’s practices under intense scrutiny, urging accountability and the upholding of basic human dignity.
The Detainment of Protesters: A Concerning Narrative
The protests that took place in Nigeria in August 2024 were driven by citizens’ desires to voice their grievances and demand change.
However, in response to the demonstrations, Nigerian authorities detained 76 individuals, including minors, and charged them with treason — a charge typically reserved for grave offences against the state.
The ACHPR’s alarm regarding these charges is grounded in the severity and possible fatal consequences associated with treason in Nigeria, including the death penalty.
As stated by Dr Dersso, charging minors with treason is particularly troubling, as it contravenes fundamental human rights principles and poses a significant threat to the lives of young detainees.
According to the ACHPR, the Nigerian government’s response to peaceful protesters by imposing such drastic charges is an excessive restriction on the freedom of assembly, a right that is protected by both Nigerian law and international human rights conventions.
By classifying these demonstrations as acts warranting treason, Nigeria risks violating the rights of its citizens to peacefully protest — a fundamental aspect of democratic societies.
Substandard Detention Conditions: Violations of Detainees’ Human Dignity
Reports from ACHPR regarding the conditions within Nigerian detention facilities reveal disturbing conditions.
Detainees are said to be held in overcrowded cells, with insufficient food, water, sanitation, and medical care.
These findings highlight significant shortcomings in Nigeria’s detention system, which fails to meet international standards for the treatment of incarcerated individuals.
One of the most concerning aspects of these reports is the lack of separation between minors and adult detainees.
International human rights standards, including those outlined in the United Nations Convention on the Rights of the Child, mandate that minors be held separately from adults to protect them from potential harm. ACHPR’s findings suggest that Nigeria has not adhered to this guideline, leaving young detainees vulnerable to both psychological and physical abuse.
These substandard conditions constitute a clear violation of the detainees’ rights to human dignity, as set forth by the African Charter on Human and Peoples’ Rights.
The ACHPR’s demands for reform in this regard are underscored by a call for a comprehensive improvement in detention conditions, especially for minors, who are entitled to additional protections given their age and vulnerability.
The Legal Implications of Charging Minors with Treason
The ACHPR’s condemnation of Nigeria’s decision to charge minors with treason reflects the broader implications of this decision on human rights.
Treason charges, especially when applied to protest-related activities, are often seen as an attempt to deter political opposition and discourage individuals from participating in public demonstrations.
In this case, the ACHPR views the treason charges as a violation of freedom of assembly and an indication of the Nigerian government’s willingness to impose Draconian measures to suppress dissent.
Furthermore, ACHPR’s statement highlights that subjecting minors to such severe charges has alarming implications.
International human rights frameworks, such as the African Charter on the Rights and Welfare of the Child, stipulate that children should not face charges carrying the death penalty.
Nigeria’s decision to charge minors with treason, which can carry capital punishment, therefore contradicts international legal standards and demonstrates a disregard for the rights and well-being of minors.
By emphasizing these legal concerns, the ACHPR is calling on Nigeria to reconsider its stance and to ensure that charges imposed on protesters, especially minors, are proportionate and consistent with international human rights norms.
ACHPR’s Recommendations for Nigeria: A Roadmap for Human Rights Reform
In light of the grave conditions in Nigeria’s detention facilities and the troubling legal charges imposed on detainees, the ACHPR has put forth a series of recommendations aimed at urging Nigeria to take immediate corrective action.
These recommendations focus on three primary areas: improving detention conditions, conducting independent investigations into alleged abuses, and ensuring due process and fair trial rights for all detainees.
Improving Detention Conditions
The ACHPR’s foremost demand is for Nigeria to rectify the poor conditions in its detention facilities.
This includes ensuring that detainees are provided with adequate food, water, medical care, and access to sanitation facilities.
For minors, the ACHPR has called for immediate action to establish separate detention facilities that would protect them from the risks associated with adult populations.
Implementing these changes would not only bring Nigeria closer to meeting international standards but also reaffirm its commitment to upholding the dignity of all detainees.
Independent Investigation and Accountability
A central part of ACHPR’s recommendations is the call for an independent investigation into the reported abuses within Nigeria’s detention facilities.
This investigation would serve to verify the conditions faced by detainees and ensure accountability for any violations of detainees’ rights.
By emphasizing the need for accountability, ACHPR is underscoring the importance of transparency in Nigeria’s detention practices.
An independent investigation would also demonstrate Nigeria’s commitment to human rights, potentially restoring some degree of trust between the government and its citizens.
Upholding Due Process Rights
In addition to improving detention conditions, the ACHPR has urged Nigeria to uphold due process rights, as enshrined in Article 7 of the African Charter on Human and Peoples’ Rights.
These rights include the right to a fair trial, access to legal representation, and the assurance that charges are applied in a manner consistent with international human rights standards.
The ACHPR’s concerns over the use of treason charges for peaceful protesters underscore the need for Nigeria to reevaluate its approach to prosecuting individuals involved in protests.
Nigeria’s Obligations Under International Law
Nigeria is a signatory to several international human rights treaties, including the African Charter on Human and Peoples’ Rights and the United Nations Convention on the Rights of the Child.
These treaties impose specific obligations on Nigeria to respect the rights of detainees, particularly minors, and to ensure that detention conditions meet minimum standards of human dignity.
The ACHPR’s statement serves as a reminder to Nigeria of its responsibilities under these treaties.
By calling on Nigeria to align its detention practices with international standards, the ACHPR is not only addressing immediate concerns but also emphasizing the importance of compliance with international law.
Failure to uphold these obligations could further tarnish Nigeria’s human rights record and expose it to scrutiny from the international community.
Implications for Nigeria’s Human Rights Record
The ACHPR’s call for urgent action comes amid growing international scrutiny of Nigeria’s human rights practices.
In recent years, Nigeria has faced criticism from various human rights organizations for its handling of protests and its treatment of detainees.
This latest incident involving the detention of minors and the use of treason charges adds to a growing list of concerns that paint a troubling picture of Nigeria’s human rights landscape.
If Nigeria fails to respond to the ACHPR’s recommendations, it risks further damaging its reputation on the global stage.
The international community, including bodies such as the United Nations and the African Union, may intensify pressure on Nigeria to implement reforms.
Additionally, Nigeria’s disregard for human rights obligations could have economic consequences, as foreign investors and international partners may view the country as a risky environment due to its poor human rights practices.
The Way Forward: ACHPR’s Support for Nigeria’s Human Rights Reform
Despite the serious allegations, the ACHPR has expressed its commitment to supporting Nigeria in its efforts to uphold human rights.
In his statement, Dr Dersso affirmed that the ACHPR stands ready to work with the Nigerian government to develop a fair and just system that respects the rights of all citizens, particularly vulnerable groups such as minors.
This support underscores ACHPR’s role as both a watchdog and a partner, dedicated to ensuring that African states adhere to human rights standards.
The ACHPR’s approach is one of constructive engagement, offering Nigeria an opportunity to address these issues in collaboration with the Commission.
This approach recognizes that genuine human rights reform requires a commitment from both the government and international partners.
Conclusion: A Call for Immediate Action and Accountability
The ACHPR’s call for urgent action on Nigeria’s detention practices highlights the need for immediate reform in the country’s approach to handling detainees, particularly minors.
The inhumane conditions reported in Nigerian detention facilities, coupled with the excessive charges imposed on protesters, represent serious human rights violations that contravene both Nigerian and international standards.
The ACHPR’s recommendations serve as a roadmap for Nigeria to address these issues and restore confidence in its commitment to human rights.
By improving detention conditions, conducting independent investigations, and ensuring due process rights, Nigeria has the opportunity to demonstrate its commitment to protecting the rights and dignity of all citizens.
For Nigeria, the ACHPR’s statement is not only a call to action but also a reminder of the responsibilities it holds as a member of the African and international communities.
Upholding these responsibilities is essential for Nigeria to rebuild its human rights record, foster trust among its citizens, and affirm its place as a nation committed to justice and human dignity.
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