United Nations

A/RES/51/109


General Assembly

Distr. GENERAL  

4 March 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 110 (c)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

      [on the report of the Third Committee (A/51/619/Add.3 and Corr.1)]


            51/109.     Situation of human rights in Nigeria


      The General Assembly,

      Guided by the Charter of the United Nations, the Universal
Declaration of Human Rights, 1/ the International Covenants on Human
Rights, 2/ the Vienna Declaration and Programme of Action 3/ adopted
by the World Conference on Human Rights, held at Vienna from 14 to 25
June 1993, and other human rights instruments,

      Reaffirming that all Member States have the duty to promote and
protect human rights and fundamental freedoms and to fulfil the
obligations they have freely undertaken under the various
international instruments in this field,

      Recalling that Nigeria is a party to the International Covenants
on Human Rights and to the International Convention on the Elimination
of All Forms of Racial Discrimination, 4/

      Recalling its resolution 50/199 of 22 December 1995, and taking
note of Commission on Human Rights resolution 1996/79 of 23 April 1996
on the situation of human rights in Nigeria, 5/ including the
absence of representative government in Nigeria contrary to the
popular support for democratic government as evidenced in the 1993
elections,

      Also recalling the announcement made by the Government of Nigeria
on 1 October 1995, in which it affirmed the principle of multi-party
democracy, the principle of power-sharing and its intention to lift
the ban on political activities and the press, to devolve power to the
local levels of government and to subordinate the military to civilian
authority,

      Welcoming the report of the mission sent to Nigeria by the
Secretary-General pursuant to resolution 50/199, and noting the
interim response of the Government of Nigeria to that mission,

      Welcoming also the resumption of dialogue between Nigeria and the
Commonwealth,

      Noting the action taken to date to move towards a system of
multi-party democracy, including the registration of five political
parties and the intention to hold elections, on a party basis, to the
local councils in December 1996, as well as the release of a number of
detainees and the repeal or amendment of measures which were seen as
obstacles to human rights,

      Regretting, however, that a number of political associations have
been instructed to disband on the grounds that they did not meet the
requirements stipulated in the transition process,

      Taking note with appreciation of the interim report of the
Special Rapporteur of the Commission on Human Rights on the
independence of judges and lawyers and the Special Rapporteur of the
Commission on Human Rights on extrajudicial, summary or arbitrary
executions, 6/

      Noting with deep concern reports of grave violations of human
rights, including extrajudicial, summary or arbitrary executions and
arbitrary detention, and failure to respect due process of law, as
described in, inter alia, reports submitted by the Special Rapporteur
on the independence of judges and lawyers and the Special Rapporteur
on extrajudicial, summary or arbitrary executions, as well as in the
concluding observations of the Human Rights Committee, 7/

      Stressing the importance of the mandate of the Special Rapporteur
on the independence of judges and lawyers and the Special Rapporteur
on extrajudicial, summary or arbitrary executions to undertake a joint
investigative mission to Nigeria, as requested by the Commission on
Human Rights in its resolution 1996/79,

      Concerned that, despite a number of legislative and procedural
measures taken to reform the system of administration of justice,
persons in detention in Nigeria continue to face a flawed judicial
process, and recalling in this regard the arbitrary execution of
Ken Saro-Wiwa and his associates,

      1.    Expresses its deep concern about violations of human rights
and fundamental freedoms in Nigeria, and calls upon the Government of
Nigeria urgently to ensure their observance, including by releasing
all political prisoners, trade union leaders, human rights advocates
and journalists who are at present detained, guaranteeing freedom of
the press and ensuring respect for the rights of all individuals,
including persons belonging to minorities;

      2.    Calls upon the Government of Nigeria to ensure that trials
are held strictly in conformity with the international human rights
instruments to which Nigeria is a party;

      3.    Also calls upon the Government of Nigeria to abide by its
freely undertaken obligations under the International Covenant on
Civil and Political Rights and other human rights instruments,
including the African Charter of Human and Peoples' Rights, and notes
with interest in this regard the recommendations of the Human Rights
Committee to the Government of Nigeria; 7/

      4.    Further calls upon the Government of Nigeria to implement
fully its interim undertakings to the Secretary-General without
further delay and to respond in full to the recommendations of the
Secretary-General's mission to Nigeria;

      5.    Regrets that the Government of Nigeria has not enabled the
Special Rapporteur of the Commission on Human Rights on the
independence of judges and lawyers and the Special Rapporteur of the
Commission on Human Rights on extrajudicial, summary or arbitrary
executions to visit the country before presentation of their report to
the General Assembly, and urges the Government of Nigeria to cooperate
fully with them during the joint investigative mission to Nigeria
mandated by the Commission on Human Rights and with the relevant
mechanisms of the Commission;

      6.    Notes the declared commitment of the Government of Nigeria
to civilian rule, and urges it to take further concrete steps to
restore democratic government;

      7.    Welcomes the intention of the Secretary-General to pursue
his good offices, and requests the Secretary-General in the discharge
of his good offices mandate and in cooperation with the Commonwealth
to continue to undertake further discussion with the Government of
Nigeria and to report on progress in the implementation of the present
resolution and on the possibilities for the international community to
offer practical assistance to Nigeria to achieve the restoration of
democratic rule and the full enjoyment of human rights in Nigeria;

      8.    Decides to consider this question at its fifty-second
session under the item entitled "Human rights questions".


                                                          82nd plenary meeting
                                                              12 December 1996


                                     Notes

1/    Resolution 217 A (III).

2/    Resolution 2200 A (XXI), annex.

3/    A/CONF.157/24 (Part I), chap. III.

4/    Resolution 2106 A (XX), annex.

5/    See Official Records of the Economic and Social Council, 1996,
Supplement No. 3 (E/1996/23), chap. II, sect. A.

6/    See 51/538.

7/    See CCPR/C/79/Add.65.

 

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