United Nations Human Rights Council

Federal Republic of Nigeria

The issues before the Human Rights Council are:

1. The Use of Torture and Degrading Treatment to War Prisoners

2. The Violation of Rights of Refugees

1. The Use of Torture and Degrading Treatment to War Prisoners

The Federal Republic of Nigeria expresses deep concerns about the present situation regarding
the use of torture or other inhuman or degrading treatment or punishment against war prisoners
and urges international community to take drastic measures to tackle this significant problem.

The Nigerian Government acknowledges that torture has been widely practised during the entire
recorded history of humankind and it was only in the 20th century that the global recognition and
protection of fundamental human rights was finally established. However, despite impressive
numbers of states signing up to various treaties that prohibit human rights abuses, there are still
plenty of counties using not only physical but also psychological torture and degrading treatment
although not publicly and openly but rather secretly and in unknown places. Furthermore, this
number of countries using torture has even increased significantly in the last years.

As a member of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment the Federal Republic of Nigeria recognizes every person’s, including
war prisoners, right not to be subjected to torture or inhuman and degrading treatment or
punishment. Our Government considers torture a criminal offence and therefore holds that every
act of torture has to result in the punishment of the people responsible. Nigeria clearly believes
that no exceptional circumstances can be invoked to justify torture or other inhuman treatment as
it is stated in Article 2(2) of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, “no exceptional circumstances whatsoever, whether a state
of war or a threat of war internal political instability or any other public emergency, may be
invoked as a justification of torture”. Furthermore, the Nigerian Government also insists that the
principle of prohibition of torture is a part of customary international law and a peremptory norm,
which means that it is binding on all states, whether or not they have ratified any of the
international human rights treaties or not and it cannot be overruled or justified by any other law
or by local custom.

The fact that even the countries that have signed the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment do not comply with its rules and carry on illegal
torturing shows that there are serious problems concerning the effectiveness of the Convention
and that the current means of coping with torture are indeed deficient, insufficient and limited.

Therefore the Federal Republic of Nigeria:

1) Recognizes the need of a more effective mechanism to struggle against torture

and other cruel, inhuman or degrading treatment or punishment.
 2) Insists on improvement of the sanctions system making the sanctions applicable
not only to the actual tortures but also to the countries that fail to prevent acts of
torture and hence fail to fulfil their international obligations.
3) Believes that a higher level of transparency is essential to show and prove the
application of torture and to avoid secrecy.

2. The Violation of Rights of Refugees

The Federal Republic of Nigeria acknowledges the protection of the rights of refuges as on of the
most complicated issues before the international community. Despite the large amount of
international treaties regulating protection of the rights of refugees, asylum-seekers, migrants and
internally displaced persons our Government finds it necessary to carry on further actions
intended to improve the current situation.

Our Nation is deeply affected by the problems concerning refugees, asylum-seekers, migrants and
internally displaced persons. The Nigerian Government is proud to emphasize that we recognize
that the persons under this specific status are subjected to the same basic human rights as ordinary
citizens as well as specific rights that apply only to refugees. We consider refugees to have rights
which should be respected prior to, during, and after the process of seeking asylum. Respect for
human rights is a necessary condition for both preventing and resolving today's refugee flows.

Nigeria is deeply concerned over attacks on refugees, human rights abuses as well as the
increasing trend in many countries in establishing restrictive policies and barriers that deter or
make it very difficult for refuges and asylum seekers to receive international protection. In some
instances asylum-seekers and refugees are detained or forcibly returned to areas where their lives,
liberty and security are threatened. In this regard, we also condemn measures by some countries
to establish refugee processing centres in parts of Africa.

Hence the Federal Republic of Nigeria:

1) Encourages countries to restrain from establishing restrictive policies and barriers

which deny refugees access to safe territories.
2) Recommends reaching an international agreement on how best to prevent new
flows of refugees.
3) Urges international community to improve protection of the rights of refugees,
asylum-seekers, migrants and internally displaced persons.
4) Considers repatriation as the preferred durable solution to refugee problem.