Written Answers. - Human Rights Abuses in Nigeria.
Trevor Sargent
Question:
13
Mr. Sargent
asked the
Tánaiste and Minister for Foreign Affairs
whether the Government will support an oil embargo against Nigeria in view of the serious human rights situation pertaining in the country, particularly in the Ogoni region, and its refusal to allow a visit by an Oireachtas group; and if he will make a statement on the matter.
[11273/96]
Eric J. Byrne
Question:
30
Mr. E. Byrne
asked the
Tánaiste and Minister for Foreign Affairs
if he will seek the appointment by the European Commission of a special rapporteur on Nigeria to investigate and report-back on human rights abuses in view of the deteriorating human rights situation in Nigeria; and if he will make a statement on the matter.
[11246/96]
I propose to answer Questions Nos. 13 and 30 together.
The Government remains extremely concerned about the need to expedite a return to full democratic rule and full observance of human rights in Nigeria. With our EU partners, we are implementing the restrictive measures taken vis-à-vis Nigeria in the Union's common positions of 20 November and 4 December 1995, details of which I gave in my reply to a question in the House on 7 December last.
The Government supports measures which will maintain political and economic pressure on the Nigerian regime to take specific steps towards an early transition to democracy and full respect for human rights and the rule of law. In this context we have been unequivocal in our support for the introduction of such measures as an oil embargo or assets freeze as a catalyst for meaningful reform. The Government recognises that to be effective additional measures such as an oil embargo will need widespread international support. We therefore support EU consultation with like-minded states on the adoption of these and other appropriate measures.
The Government has consistently supported action by the UN Commission on Human Rights to redress the problem of human rights violations in Nigeria. In accordance with its common position of 4 December, the EU sponsored a draft resolution on Nigeria at the Session of the Commission on Human Rights in Geneva last March. The EU resolution included a call, strongly supported by Ireland, for the appointment of a Special Rapporteur on Human Rights in Nigeria. In the event, this provision did not attract adequate support outside the EU to be adopted. The resolution which was finally adopted calls on the Government of Nigeria to accede to the requests of the UNSpecial Rapporteur on Summary and Arbitrary Executions and of the Special Rapporteur on the Independence of Judges and Lawyers, to pay a joint investigative visit to Nigeria. It also provides for the submission to the next session of the Commission on Human Rights of a joint report by the two Rapporteurs of their findings, along with any observations of other relevant mechanisms, in particular the UN working group on arbitrary detention. They are also to send an interim report to the 51st Session of the UN General Assembly later this year. The Resolution adopted by CHR also provides that Nigeria will be on the Agenda of its next session at which stage the appointment of a Special Rapporteur on Human Rights for Nigeria may be reconsidered in the light of developments.
An additional UN fact finding mission, which returned from Nigeria in early April, was mandated to examine the procedures of the trial and execution of the late Ken Saro-Wiwa and his co-accused in the light of the various international human rights instruments to which Nigeria is a party and relevant Nigerian law. It also examined the plans of the Nigerian Government to implement its declared commitment to restore democratic rule. The mission has recently reported to the UN Secretary General on its findings.
There are some signs that Nigeria may be beginning to respond to the growing international pressure being exerted by the UN, EU, Commonwealth, United States and others. We understand that in recent days the UN Secretary General has received a letter from General Abacha's legal adviser. In the letter, the Nigerian authorities undertake to carry out a number of democratic reforms including the exclusion of military personnel from special courts such as the Ogoni Tribunal and to establish an appeals mechanism. The letter also signals the restoration ofhabeas corpus, which was specifically sought in the EU Common Position of 20 November 1995. A review of the cases of all persons currently being detained without trial under a government Decree of 1984 is also promised.
If actually implemented, the reported measures would be an encouraging step towards meaningful reform in Nigeria. The Government will be monitoring these and other developments closely with EU partners to evaluate the real progress being made. To help ensure the implementation of these and other measures we will be strongly supporting the renewal of the Common Position of 4 December on the expiry of its initial six-month period in early June.
With regard to the proposed visit by an Oireachtas delegation, I regret the decision of the Nigerian authorities not to issue the necessary visas. I feel that such a visit would have served a useful purpose in terms of dialogue with the various interested parties, including with Nigerian Government representatives. I hope it will be possible to reschedule the visit at an early date.
