A/HRC/7/3/Add.4
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I. LEGAL FRAMEWORK
A. International level
10. Nigeria is party to the major United Nations human rights treaties prohibiting torture and
ill-treatment: the International Covenant on Civil and Political Rights (ICCPR); the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT); the
Convention on the Rights of the Child (CRC); and the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW).
11. Nigeria is party to the Geneva Conventions of 1949 and to the Additional Protocols I
and II, and has ratified the Rome Statute of the International Criminal Court.
12. Nigeria has not acceded to the first Optional Protocol to ICCPR and has therefore not
recognized the competence of the Human Rights Committee to consider complaints by
individuals regarding violations of the Covenant. Neither has it acceded to the Second Optional
Protocol aiming at the abolition of the death penalty. Further, Nigeria has not recognized the
competence of the Committee against Torture to receive communications from individuals under
article 22 of CAT and has not signed the Optional Protocol on the Convention against Torture
(OPCAT).
B. Regional level
13. Relevant regional human rights instruments ratified by Nigeria include: the African
Charter on Human and Peoples’ Rights (ACHPR) and its Protocols on the Rights of Women in
Africa and the establishment of an African Court on Human and Peoples’ Rights; and the
African Charter on the Rights and Welfare of the Child.
14. As a member of the African Union, Nigeria is encouraged to abide by the Resolution on
Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or
Degrading Treatment or Punishment in Africa (the Robben Island Guidelines) adopted by the
African Commission on Human and Peoples’ Rights in 2002.
C. Domestic level
1.
Constitutional protection of human rights, including
the prohibition of torture and other cruel, inhuman
or degrading treatment or punishment
15. Chapter IV of the Constitution, entitled Fundamental Rights, provides for, inter alia, rights
to life, dignity, personal liberty, a fair hearing, private and family life, freedom of thought,
conscience and religion, freedom of expression and the press, peaceful assembly and association,
freedom of movement and freedom from discrimination.
16. The prohibition of torture and inhuman or degrading treatment is provided in
section 34 (1) (a): no person shall be subject to torture or to inhuman or degrading treatment.
17. According to section 12 (1) of the Constitution, international human rights treaties shall
only be applicable if they are enacted into domestic law by the National Assembly.
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