Nigerian Military to receive the much need military assistance is hampered. For example the
‘Leahy Law’ which has prevented US military assistance to some units in the Nigerian Army
is an important impediment to the reform programme of the Nigerian Army. The NHRC
should join the debate on the effectiveness of the application of the Leahy law to the Nigerian
Military.
(2.1) International donors have supported numerous but patchy and uncoordinated
human rights trainings programme for the Nigerian Military. The results have been limited
largely because of poor coordination and funds. Donors should harmonize their efforts and
mobilize greater resources.
The Human Rights Institute of the NHRC should play a leading role in ensuring that
Human Rights education is mainstreamed in all military training curriculum and core human
rights values are included in Military code of conduct and rules of engagement. As an
important first step the Human Rights Institute should conduct certified human rights training
programmes for various cadres of military personnel.
(3) There is a need to strengthen, through better resourcing, the capacity of the
NHRC to investigate and report violations by military units and personnel.
(3.1) The NHRC should continue to regularly seek access to military detention
centres in all areas of military operations. The Commission should also regularly visit and
report on the legality of and conditions in detention. All reports should be made public.
(4) The establishment of the Military Human Rights office should urgently be backed
by the appointment of a Military Human Rights adviser. The terms of reference of the office
and the adviser must be made public. In addition efforts should be made to ensure that the
office is accessible to civil society organisations and complainants.
(5). The reform of the military justice system is both essential and long-overdue
While the focus of criticism has been the application of human rights to combat and conflict
zones, there have been less focus on the broader legal framework of the military justice
system.
(5.1) The justice delivery system in the armed forces ought to adopt a procedure
that is not only open and objective, but also strives towards a liberal interpretation of the
principles of natural justice. Though the primary object of the system of military justice must
always be to maintain discipline within the organisation, it must be focused on organisational
effectiveness rather than on punishing or protecting individual actions
Law Enforcement Agencies and Human Rights
The obligation to respect human rights by all law enforcement agencies, including
the police, prisons, security institutions, etc. is contained in Chapter 4 of the Constitution,
the Police Act and other legislations or enabling national laws. In addition, all law
enforcement agents have the obligation to respect the provisions of the various human rights
and humanitarian laws to which Nigeria is a signatory. In pursuance of this, all law
enforcement outfits have established human rights desks for the purpose of human rights
training taught in the law enforcement agencies institutions as well as monitoring activities
of the law enforcement agents to ensure that they comply with acceptable human rights
standards.
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