A case study of the implementation of the 2009 & 2013 universal periodic review recommendations to nigeria on torture prevention & rehabilitation of torture.

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A case study of the implementation of the 2009 & 2013 universal periodic review recommendations to nigeria on torture prevention & rehabilitation of torture victims By Uju Agomoh B.Sc, M.Sc, LLB, B.L, PGD, M.Phil, PhD Founder, PRAWA Nigeria

Outline I. Introduction/Background II. Highlight of Some of the UPR Recommendations to Nigeria III. Key Phases: (Pre, During & Post UPR) IV. Lessons Learnt V. Conclusion / Recommendations Outline

I Introduction/background In 2009 Nigeria had it UPR and several reforms were put in place following this (Establishment of the National Committee for the Prevention of Torture), etc. In October 2013, Nigeria was reviewed in the Human Rights Council’s Universal Periodic Review (UPR) and several recommendations were. A total of 219 recommendations were made to Nigeria out of which the government accepted 172. I Introduction/background

II. HIGHLIGHT OF SOME Substantive recommendations made to Nigeria: Torture, ill-treatment and extrajudicial executions : Criminalization of torture; Improving mechanisms to fight impunity and investigate violations; Prevention of arbitrary arrest/detention Providing rehabilitation of victims of torture and ill-treatment. Conditions of detention Address prison overcrowding/ensure limited pre trial detention periods; Provision of food, water and medical assistance; Ensure good behavior of detention staff; Ensure proper registration procedures. II. HIGHLIGHT OF SOME Substantive recommendations made to Nigeria:

Cont…. Human Rights Training: Human rights monitoring: Ensure that the National Preventive Mechanism established under (OPCAT) be allowed access to all places of detention. Submit overdue reports to UN treaty bodies including to the Committee Against Torture (CAT). Human Rights Training: Provision of Human rights training to security sector personnel and civil servants in an effort to eliminate violations taking place in these sectors. Cont….

Some of The Specific recommendations ‘Ensures that training of all military and security personnel does include a human rights component and that respect and protection of human rights during service is ensured and monitored’ (Para 135.48 (Germany) ‘Take all necessary measures to prevent extrajudicial executions and torture by security forces by providing targeted training and capacity –building to law enforcement officials and military members.’ Para 135.72 (Canada) Some of The Specific recommendations

‘Continue measure to provide human rights trainings and capacity – building to civil servants and law enforcement officials in line with the world programme for human rights education.’ Para 135.50 (Republic of Moldova).  ‘Strengthen the human rights training of state security forces and prevent the use of excessive force against civilians’. Para 135.75 (Czech Republic) ‘’Establish a human rights monitoring system, which allows access to detention centres in northern Nigeria, works with affected communities and promotes accountability for serious violations of human rights’. Para 135.112 (United Kingdom of Great Britain and northern Ireland). ‘Continue the development and implementation of measures aimed at reducing human rights violations by the security forces in particular Para 135.69 (Switzerland) Cont…

Extrajudicial executions, arbitrary detention and torture, as well as making the mechanisms of tackling impunity more effective’. Para 135.109 (France) ‘Establish a procedure for providing immediate registration of arrest and detention of people and ensure that their families were systematically informed’. Para 125.121 (Australia) ‘Take effective action to ensure accountability of the armed forces and law enforcement officials.’ Cont….

‘Establish a procedure for providing immediate registration of arrest and detention of people and ensure that their families were systematically informed’. Para 135.109 (France) ‘Take effective action to ensure accountability of the armed forces and law enforcement officials.’ Para 125.121 (Australia) ‘Hold security forces accountable for human rights violations and establish a system for human rights monitoring and to promote accountability for gross violations of human rights’. Para 132.71 (United States of America) ‘Continue with the necessary reforms for more effective and efficient administration of justice aimed at reducing long periods of pre-trial waiting and minimize corrupt practices’. Para 135.119 (Switzerland) Cont…

III. KEY PHASES/PROCESSES Pre UPR Research & Understand the Issues & the UPR Process. Articulate the Issues & Solutions. Raise Awareness & Public Discourse on the issue Build Coalitions Contribute towards National Advocacy & Campaign During the UPR Prepare & Submit Reports Development & Dissemination of Relevant Factsheets on the Key Issues. Advocacy (International) for key questions and recommendations to be made & to the Country’s Permanent Mission / Relevant Government Agencies to accept the Rs After the UPR Public Awareness on the UPR Recommendations. Capacity Building & Other Support towards the Implementation of the Recommendations. Advocacy for the full & effective Implementation of the UPR Recommendations. Tracking/Monitoring Implementation of the UPR Rs. III. KEY PHASES/PROCESSES

Cont… Public Awareness Strategic stakeholders 'engagement /coalition building Increased organisational visibility & profile Advocacy (national/ international) Indicate future project directions & funding Cont…

Increase Public Awareness & the Government Interest on the Issues (Torture Prevention & Rehabilitation of Victims) Increase Interventions & Funding aimed at Addressing the Issues Fast Track Reforms Enhance Human Rights Compliance IV. Lessons learnt

National Based Activities Implementing & Tracking of the Implementation of the UPR Recommendations International Level Activities Promote Recommendations to be made on the Issues & to support the implementations of the recommendations To raise awareness on the issues and the need to address these cont…

V. Conclusion & recommendations To ensure effective implementation of General Comment 3 (Article 14 of UNCAT, OPCAT a multi - sectoral approach need to be adopted including increased utilisation of the UPR process. IRCT Member Centres and other organisations working on torture prevention and rehabilitation of torture victims need to engage with the UPR process (either directly or through national CSOs Coalitions). Training & Capacity building of IRCT Member Centres and other CSOs on how to effectively engage with the UPR process. V. Conclusion & recommendations

Identify and implement strategies to contribute towards the UPR process. Implement Follow up Actions to ensure full and effective implementation of the UPR Recommendations. Member States need to be sensitised on the need to implement UPR recommendations fully and effectively and track these towards improving their global human rights records, Cont..

thank you Email: ujuagomoh1@yahoo.co.uk Tel: +234(0)8036877166