A/HRC/7/3/Add.4
page 7
credible allegations of torture by this intelligence agency, the denial of his right to assess for
himself the allegations by inspecting unannounced the facilities and interviewing detainees in
private leads him to strongly suspect that the authorities wished to conceal evidence.
6.
On 9 July 2007, a preliminary version of this report was sent to the Government.
On 14 September the Nigerian Government provided comments, contained in appendix II of the
present report.
7.
The Special Rapporteur wishes to acknowledge with appreciation the excellent support
provided by the United Nations Resident Coordinator, Mr. Alberic Kacou, and his staff in the
United Nations country team; the Office of the High Commissioner for Human Rights
(OHCHR); Dr. Duarte Nuno Vieira, Director of the National Institute of Forensic Medicine,
Portugal; and Mr. Roland Schmidt and Ms. Isabelle Tschan, of the Ludwig Boltzmann Institute
of Human Rights.
Context and challenges in the promotion and protection of human rights
8.
The Special Rapporteur welcomes Nigeria’s commitment to promoting respect for human
rights, as demonstrated by, among other things, its democratic principles, the existence of a
vibrant media, dedicated civil society organizations, membership of the Human Rights Council,
and its record of cooperation with international human rights mechanisms and organizations. He
appreciates the challenges the State faces given the sheer size and diversity of the population,
including ethno-linguistic and religious groups, the plurality of legal systems, the nature of the
federal structure, the high level of crime, widespread poverty and the conflict in the Niger Delta.
Niger Delta conflict
9.
The increasing violence in the Niger Delta, with its roots in the Federal Government’s
decades-long neglect and marginalization of people in the region, as well as the desperate
poverty they face - despite the enormous oil revenues emanating from there - impacts upon the
practice of torture and ill-treatment. The rise of serious violent crime and attacks by vigilante and
criminal gangs against the local population and the oil companies operating there, and the
resultant heavy response from security forces and police paid by oil companies,2 invite
allegations of torture and ill-treatment.
2
Oil companies in Nigeria rely upon Nigerian security forces to provide security for their
business interests in the country. Under the Nigeria Police Act, which provides for the
appointment of “supernumerary police”, these officers “shall be a member of the Force for all
purposes” and are subject to the Act’s provisions on discipline. They provide payments to
officers assigned for protection, which amount to premiums above their regular monthly salaries,
as was affirmed to the Special Rapporteur by Shell Group representatives in Nigeria. See, for
example, Human Rights Watch, The Price of Oil: Corporate Responsibility and Human Rights
Violations in Nigeria’s Oil Producing Communities, 1999; and International Crisis Group,
The Swamps of Insurgency: Nigeria’s Delta Unrest, Africa Report No. 115, August 2006.
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