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Nigeria: Counterproductive Counterterrorism
AfricaFocus Bulletin
June 5, 2013 (130605)
(Reposted from sources cited below)
Editor's Note
As Nigerian security forces increase their drive against
extremist Islamist groups in northern Nigeria, a wide range of
Nigerian and international critics, from human rights
groups and scholarly experts to the United States
government, have been speaking out. The critics argue
that the indiscriminate nature of the counterterrorism
efforts not only results in violation of human rights and
deaths of innocent civilians, but also fuels the
violence rather than reducing it.
Such counterproductive policies to fight terrorism are
hardly unique, whether within Nigeria or in other
conflict zones around the world. But the regional
influence of Nigeria and the interaction of the conflict
in the North with other countries of the region, make the
negative example particularly threatening. The critique
of counterproductive hard-line measures is well known,
and the debate takes place within governments as well as
among government critics. But the critical question for
the future is who in fact controls the policies and
practices actually used.
This AfricaFocus Bulletin contains a commentary and a
declaration from the Nigerian civil society coalition NKatalyst
(http://n-katalyst.com/), released on May 24,
2013.
Additional recent commentaries with relevant background
include:
http://carllevan.com/2013/05/northeast-states-of-emergency/
http://carllevan.com/2013/05/baga-massacre-in-nigeria/
http://library.fundforpeace.org/20130529-nigeria
http://www.cfr.org/nigeria/nigeria-securitytracker/p29483
For previous AfricaFocus Bulletins on Nigeria, visit
http://www.africafocus.org/country/nigeria.php
For ongoing coverage of news on the Nigeria, including
the security situation, see http://allafrica.com/nigeria
and http://saharareporters.com/
++++++++++++++++++++++end editor's note+++++++++++++++++
The State of Emergency and Rights of Nigerians - Jibrin
Ibrahim
24 May 2013
N-Katalyst
http://n-katalyst.com/
Nigeria's President, Goodluck Jonathan, on the 14th May
2013 declared a state of emergency in Borno, Yobe and
Adamawa States. He was responding to the incessant
terrorist attacks and other security challenges that have
recently plagued Nigeria, The declaration is in
accordance with the provisions of section 305(3 (c) (d)
(f) Constitution of the Federal Republic of Nigeria 1999
as amended.
The President in his speech argued amongst other issues
that the terrorists have established control over several
parts of the nation, destroyed state property and hoisted
strange flags suggesting the exercise of alternative
sovereignty in some parts of the country. The insurgents
have been killing innocent Nigerians as well as security
agents and government officials thereby. They are well
armed and appear to have received good training.
In this context, the State has a responsibility to take
steps to re-establish public safety. At the same time,
the State in its actions cannot join the insurgents in
expanding the violations of the rights of Nigerians. The
human rights of citizens should not be secondary to the
provision of security. Public safety and human rights
should be promoted in tandem.
This was the theme of a retreat organised by N-Katalysts
this weekend. The organisation is a Pan-Nigerian non
partisan network of individuals across different sectors
that have deep commitment to the promotion of Nigerian
unity and are committed to progressive change as well as
the promotion of justice in the social, political and
economic spheres.
In its Declaration, N-Katalysts argued that state of
emergency should not be limited to sending in more troops
into the affected states and equipping them with sweeping
powers of arrest, detention, search etc. The utility of
this approach remains doubtful especially within the
context of the recent Baga debacle where over 200
citizens were allegedly murdered by security agents and
thousands of houses were burnt and destroyed.
We cannot have a lasting solution to the problem of
rising insecurity if the security forces continue in
their approach of massive violations of human rights and
non-adherence to the principles of the rule of law. The
on-going struggle to defeat the insurgency should be used
as an opportunity that the state and its security
agencies has to start the process of winning the hearts
and minds of Nigerians by ensuring that the wider
population do not fall victim to the operations conducted
by the security forces.
For N-Katalyst, it is important that all Nigerians
realise that what is going on is a national, and not just
a northern problem. The social, economic and political
factors that fuelled the rise of militancy and
fundamentalism in the Northern states are present in
other parts of Nigeria and may engender similar security
challenges if not addressed in a timely and holistic
manner. The escalating insurgency in the Northern States
of Nigeria by the Boko Haram sect and other
fundamentalist elements, which has culminated in the
current crisis, has revealed the lack of preparedness of
our security agencies to rise to the challenge.
The Declaration by N-Katalyst observed that the
prevailing security situation in the North East of
Nigeria is characterized by militant insurgency and the
government's counter-insurgency operation amounts to a
situation of Non-International Armed Conflict (NAIC),
although the Nigerian government is unwilling to admit to
such categorization.
Indeed, the Nigerian government appears unwilling to fit
the security situation in the North East into any of the
clear categories of armed conflict defined by law, with
the disturbing effect that the counter-insurgency seems
to be conducted outside the ambits of both Human Rights
Law and Humanitarian Law. The group noted that the lack
of clear legal categorization of the conflict has led to
the absence of a legal framework within which the
conflict may be defined and regulated, and has made it
difficult to determine the appropriate standards of
accountability and responsibility by which to assess the
conduct of Nigerian security forces in the theatres of
conflict.
This situation could lead to a dangerous prolongation of
the crisis especially because of the developing political
economy around the security challenges in Nigeria that is
creating opportunities for mega accumulation of financial
benefits by certain players in the security arena who are
profiteering from the conflict, either directly from the
counter-insurgency budget or from harassing the
population and would like it to continue as long as
possible.
N-Katalyst also argued however that Nigeria's Civil
Society Organizations (CSOs) have been equally illprepared
to react to the situation and confront the
challenges that have been thrown up. The lack of
preparedness on the part of civil society is manifested
in the inadequacy of humanitarian response to the trauma
faced by victims, the paucity of information on the true
state of affairs inside the theatres of conflict,
especially on the experiences of civilian populations
trapped in these theatres, and the absence of the
necessary mechanism for the provision of legal remedies
to aggrieved persons. It is sad to note the silence and
general ineffectuality of the legal profession in
addressing the legal challenges associated with the
conflicts especially the pursuit of legal redress for
infringements on human rights and the abuse of the rule
of law especially in the North East where lawyers have
been cowed into silence, or scared away.
N-Katalyst also expressed the concern that there seems to
have developed a culture of silence with respect to the
impacts of these conflicts on civilian populations in
theatres of conflict, with the effect that the severe
trauma to which the victims of the conflicts are
subjected are not being addressed or even acknowledged.
Some of the reported features of the conflicts in some of
the Northern States include: law enforcement extremism
and impunity, violence against women and sexual violence
against both male and female genders, rivalry between and
amongst the security and law enforcement agencies and the
lack of an adequate victim identification process,
leading to a failure to identify the victims of the
conflict both among the civilian populations and the
security operatives.
It is becoming increasingly clear that the prevailing
security situation may portend grave consequences for the
general elections in 2015. In this regard, it is
imperative that governments and the electoral agency
begin to establish the necessary structures to forestall
and apprehend electoral violence in 2015. The Federal
Government must also define the legal framework within
which the counter-insurgency operations in several parts
of Nigeria are being prosecuted, as well as the rules of
engagement for the conflicts. N-Katalyst also called on
the government to demarcate and streamline the areas of
engagement and authority of the various law enforcement
and security agencies to eliminate or at least reduce
incidences of inter-agency rivalry and conflict. This
must be accompanied by ensuring the enthronement of a
higher degree of professionalism in the security
agencies, including their indoctrination on the cardinal
tenets of humanitarian law and human rights law.
Those of us in civil society must rise up to the
challenge of meeting our responsibilities to the civilian
populations in theatres of conflict and to the victims of
the conflicts amongst both the civilian population and
the security and law enforcement agencies. The Nigerian
Bar Association must awaken to its obligations to the
people and to the law and boldly confront the legal
issues thrown up by the prevailing security situation in
Nigeria.
Nigeria must win the war against terrorism. This would
require addressing the root causes of the menace,
primarily poverty, unemployment and bringing to book
perpetrators/violators of human rights, particularly
security agents accused of extra judicial killings. It is
this approach that will instills confidence in the
nation's security architecture.
Secondly, special attention should be placed on training
and retraining of our security agencies on human rights
and counter terrorism. Our security agencies need to
improve their information sharing and government should
invest in providing equipment and logistical support.
Thirdly, our security agencies should collaborate more
with the local communities rather than antagonizing them.
It is acknowledged that the scale of violence today is
unprecedented since the Biafran civil war. The
containment strategy we adopt should therefore seek a
path that will lead to an early resolution. It is on this
basis that we call on the National Assembly to reflect
seriously on providing the legal framework that will
guide the rules of engagement of our anti-terrorism
strategy and action.
N-Katalyst: Declaration on the Security Situation in
Nigeria
24 May 2013
http://n-katalyst.com/
Introduction
I. The N-Katalyst Forum ("The Forum") is a non-partisan,
non-profit, non-governmental association of progressive
Nigerians drawn from across different backgrounds,
professions and persuasions, united in their vision of an
undivided and indivisible Nigerian nation, and in their
commitment to the enthronement of good governance, and
social, economic and political justice in the Nigerian
State, and the respect and advancement of the fundamental
human rights of all Nigerian citizens.
II. The Forum held its second annual retreat at Abuja on
17th to 19th May 2013 during which it reviewed the
affairs of N-Katalyst in the intervening period following
the Forum's inaugural retreat in Abuja in March 2012 and
charted a course for progress.
III. The Forum also reviewed the state of affairs in
Nigeria, especially the severe security challenges
confronting the nation, and analyzed the escalating
insurgency in the Northern states, which has culminated
in the recent declaration of a State of Emergency by
President Goodluck Jonathan in the North East States of
Adamawa, Borno and Yobe.
Declaration
Preamble
Following a comprehensive review of the security
situation in Nigeria, N-Katalyst
- Found the prevailing security situation in several
parts of Nigeria, especially in the Northern states,
extremely troubling.
- Noted with alarm that the militant insurgents appear
to be very well armed with the most modern deadly weapons
and have deployed these sophisticated weapons, and their
familiarity with the local terrain to inflict heavy
casualties on both the security forces and the civilian
population.
- Noted with concern the obvious initial unpreparedness
of the Nigerian State to respond to and apprehend the
insurgency in the Northern States.
- Concluded that the prevailing conflict situation in
the North East of Nigeria characterized by militant
insurgency and the government's counter-insurgency
operation amounts to a situation of Non-International
Armed Conflict (NAIC), although the Nigerian government
is unwilling to admit to such categorization.
- Noted that the government appears unwilling to fit the
security situation in the North East into any of the
clear categories of armed conflict defined by law, with
the disturbing effect that the counter-insurgency seems
to be conducted outside the ambits of both Human Rights
Law and Humanitarian Law.
- Noted that the lack of clear legal categorization of
the conflict has led to the absence of a legal framework
within which the conflict may be defined and regulated,
and has made it difficult to determine the appropriate
standards of accountability and responsibility by which
to assess the conduct of Nigerian security forces in the
theatres of conflict.
- Found very disturbing allegations that some of the
features of conflicts include human rights abuses and
other horrendous crimes in the theatres of conflict,
including Law enforcement extremism, unaccountable or
'rogue' law enforcement, general violence against women
and sexual violence against both male and female genders,
all of which crimes are encouraged by a pervasive sense
of impunity.
- Noted with concern the prevalence of reports of
rivalry and mistrust between and among security and law
enforcement agencies which impair the operational
capability of the agencies and occasionally degenerate to
inter-agency violence during which innocent Nigerians are
put at grave risk.
- Noted with concern the pronounced lack of effective
victim identification processes, leading to a failure to
identify and name victims and casualties of the conflict
whether from amongst the civilian populations or from
amongst security operatives.
- Noted with concern that a 'political economy' may
have developed around the security challenges in Nigeria,
with the effect that certain elements may be deriving
financial benefits from the prevailing state of
insecurity, especially from the resources budgeted for
the prosecution of the counter-insurgency and from the
extortion of citizens.
- Noted that there seems to have developed a culture of
silence with respect to the impact of the security
conflicts on civilian populations in the theatres of
conflict, with the effect that the severe trauma to which
the victims of these conflicts are subjected are not
being addressed or even acknowledged.
- Noted with particular concern that Nigeria's Civil
Society Organizations (CSOs) appear to have been equally
ill-prepared to react to the situation and confront the
challenges that it has thrown up.
- Identified as some of the consequences of the lack of
preparedness on the part of the CSOs the inadequacy of
humanitarian response, the paucity of information on the
true state of affairs inside the theatres of conflict,
especially on the experiences of civilian populations
trapped in these theatres, and the absence of the
necessary mechanism for the provision of legal remedies
to aggrieved persons.
- Noted that the legal profession in Nigeria has been
rather silent on the conflicts raging at various theatres
all across the nation, and has been generally ineffectual
in addressing the legal challenges associated with the
conflicts, especially the need for legal redress for
infringements on human rights and the abuse of the rule
of law.
- Expressed concern that the organized bar may have
been intimidated, cowed into silence, or scared away from
the North East region.
- Noted with great concern that the prevailing security
situation in Nigeria may portend grave consequences for
the general elections on 2015.
Now therefore, the N-Katalyst Forum hereby formally:
- Calls on the Federal Government of Nigeria ('the
government') to define the legal framework within which
the counter-insurgency operations going on in several
parts of Nigeria are being prosecuted, and define the
rules of engagement for the operations.
- Calls on the government to demarcate and streamline
the areas of engagement and authority of the various law
enforcement and security agencies to eliminate or at
least reduce incidences of inter-agency rivalry and
conflict.
- Calls on the Government to ensure the enthronement of
a higher degree of professionalism in the security
agencies, including their indoctrination on the
fundamentals of Humanitarian Law and Human Rights Law.
- Calls on CSOs to be alive to their responsibilities to
the civilian populations in theatres of conflict and to
the victims of the conflicts amongst both the civilian
population and the security and law enforcement agencies.
- Calls on the official bar to awaken to its obligations
to the people and to the law and boldly confront the
legal issues thrown up by the prevailing security
situation in Nigeria.
- Calls on the government and the Independent National
Electoral Commission to commence with urgency the
processes for erecting robust legal and logistical
structures to forestall and apprehend electoral violence
in 2015.
- Declares its willingness to work with the government,
the security agencies and other CSOs to address the
several issues raised in this Declaration, and hereby
offers its hand of partnership in this regard.
Issued at Abuja, Nigeria, this 19th Day of May, 2013
Dr Jibrin Ibrahim, John St Claret Ezeani, Saka Azimazi,
Maryam Uwais, Chris Kwaja, Ahmed Baba Ahmed, Asma'u
Joda, Dr Otive Igbuzor, Aisha Oyebode, Hubert
Shaiyen, Yusufu Pam, Prof. Mohammed Tabiu, Ayo Obe
For more information on N-Katalyst Visit http://www.n-katalyst.com;
Email:[email protected]
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