RecommendationsV - Recommendations
The African Commission recommends that the Government of Nigeria should:
35. Ensure that the provisions of the African Charter as well as the work of the African Commission is publicised in both rural and urban areas in the Country. In this regard, it encourages the State Party to take steps to translate and make available the African Charter in as many local languages as possible.
36. Make the declaration under Article 34 (6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights, allowing individuals to have standing and bring cases before the African Court.
37. Take positive steps to create an effective affirmative action mechanism to guarantee female participation in all spheres of government, and also enact at the Federal level, legislation prohibiting FGM, violence and discriminatory practices against women.
38. Introduce appropriate policies to address the high incidence of infant and maternal mortality, especially in the Northern part of the Country.
39. Ensure that its electoral laws conform to the relevant principles in the Declaration of Principles of Freedom of Expression in Africa in its entirety and also ratify the African Charter on Democracy, Elections and Governance.
40. Establish an effective monitoring mechanism for the implementation of decisions of regional and domestic bodies on violations of the rights in the Niger Delta, especially those against trans-national corporations.
41. Take the necessary steps to amend its constitutional provisions sanctioning the death penalty and instead provide for its abolition.
42. Ensure the enactment into law of the various draft Bills before its National Assembly, including: the Legal Aid Council Act (Amendment) Bill 2007, Nigeria Police Act (Amendment) Bill, 2007, Prisons Reform Bill, the Elimination of Violence in Society Bill, and the Anti-Discriminatory Laws and Practices in Nigeria Bill.
43. Take steps to ease the difficulties of access to justice occasioned by the high cost of litigation and the complex court processes, by measures such as the provision of mobile courts, introduction of para-legal officers in the judicial system and the use of interpreters and local languages in Courts.
44. Inform the African Commission of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.
Adopted at the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 10 to 24 November 2008, Abuja, Federal Republic of Nigeria.
This third Periodic Report covers the period from 2005 to 2008. It contains six parts:
- A general introduction
- General measures of implementation
- Individual civil and political rights
- Individual economic, social and cultural rights
- Promotion and protection of peoples’ rights
- Duties of individuals
From the Conclusion:
"It is evident from the analysis contained in Part 1 of this Report that with the inauguration of democratic governance in Nigeria in May 1999, concerted efforts have been made to evolve a comprehensive legal and institutional framework for the promotion and protection of human rights in Nigeria. Information contained in Parts 2, 3, 4 & 5 of this Report indicated clearly that there are various sociocultural religious economic, political and legal impediments to the promotion and protection of human and peoples’ rights in Nigeria.
However, the analysis of steps taken to promote civil and political rights confirm the commitment of all the levels of government in Nigeria to ensuring that the majority of Nigerians, particularly women and children and the disabled/other vulnerable groups no longer suffer from discrimination. The health and welfare of Nigerians remain major areas for intervention for survival, optimal development and achievement of full potential in life."