The Special Independent Investigative Panel on Human Rights Violations in Counter Insurgency in the North East (SIIP North East), headed by a retired Justice of the Supreme Court, Justice Abdu Aboki recently submitted its 48-page report on allegations of forced abortions and massacre of women, 18 months after it was inaugurated. SUNDAY EJIKE details the details.
Since 2009, Nigeria has been confronted with terrorist insurgency in the North-Eastern region. Spearheaded by Boko Haram and Islamic State’s West Africa Province (ISWAP), the violence and carnage have sometimes spread to other states and the Federal Capital Territory leading to loss of lives and properties, destruction of critical infrastructure, displacement of millions of people, and the destabilization of economic, health and education systems. The insurgency has caused an unprecedented displacement of people, never seen before in the country, which has also led to massive military operations and cooperation amongst neighbouring African countries.
In Nigeria, the states of Borno, Adamawa and Yobe have been by the worst hit, with Borno being the epicentre of the conflict. The impact of the Boko Haram insurgency has left in its wake, physical, emotional and psychological losses on the victims and their families. For the larger society, the conflict has led to more than a decade of economic and social developmental setback for the affected states and Nigeria at large.
In terms of human casualties, it is estimated that hundreds of thousands have been killed and over two million, displaced. The Boko Haram conflict has seen to some of the most grievous human rights violations.
On many fronts, the Nigerian military, the insurgents and the civilian Joint Task Force have been alleged to have committed gross human rights violations, contrary to national, regional and international human rights norms.
Boko Haram and ISWAP have committed war crimes and crimes against humanity using methods like, abduction of schoolgirls in Chibok, Borno State and Dapchi in Yobe State and the massacre of schoolboys in Buni Yadi in Yobe State, abduction and killing of aid workers and destruction of their offices, destruction of places of worship and attacks on worshippers, bombing of villages, abduction and the killing of civilians, forced recruitment of minors, abduction and enslavement and deployment of rape as a weapon of war and other sexual violence against women and girls, including sex slavery.
Camouflaged abuses?
The Nigerian military was accused of gross human rights violations, including revenge killings on civilians, extrajudicial executions, arbitrary arrests and prolonged detention. In its response to attacks or threats by Boko Haram and ISWAP, the Nigerian security forces have hit civilian targets resulting in deaths and severe injuries. For instance, in January 2017, a Nigerian air force fighter jet bombed a civilian location in Rann town in Borno state, leading to the death of 115 people, including aid workers and injuring more than 100 others.
The Nigerian Airforce acknowledged the incident as operational error and ordered investigation. The spate of “accidental” killings of civilians continued in spite of assurances by the military authorities. On the 15th of September 2021, nine people were killed, including three children and several persons injured during a military air strike in Buwari village in Yunusari Local Government Area (LGA) of Yobe state. The military said it hit the village accidentally. On the 18th of December 2022, a Nigerian Air Force in pursuit of terrorists in Mutumji community in Maru LGA of Zamfara State reportedly killed over 64 civilians. This incident was condemned by the African Commission on Human and Peoples’ Rights.
The Nigerian security forces too have suffered monumental losses of men, operational bases and infrastructures in the conflict. In June 2022, 30 soldiers were reportedly killed in Shiroro in Niger State. Prior to this, at least 31 soldiers were reportedly killed by ISWAP on in Mainok, Borno State.
According to the United Nations, over 3.1 million people have been displaced as a result of the Boko Haram conflict in North-East Nigeria. Apart from a half of this population who reportedly lived in internally displaced persons (IDPs) camps, the majority were said to be living in makeshift camps, bombed-out buildings and host communities. At the internally displaced persons (IDPs) camps, the victims of conflict are reportedly faced with harsh climatic conditions, poor infrastructure and limited access to basic services.
Reuters’ trifecta?
In December 2022, Reuters, a new agency, published a three-part investigative report titled “Nightmare in Nigeria”, alleging series of systematic gross human rights violations by the Nigerian military during counter-insurgency operations in the North-East region. The violations, allegedly targeted at women and children, involved mass abortions and systematic killings. In the first report titled, “the Abortion Assault” and published on its website on the 7th of December 2022, Reuters alleged that between 2013 and November 2021, “the Nigerian military conducted a secret, systematic and illegal abortion programme in the country’s North-East, ending at least 10,000 pregnancies among women and girls” who were former captives rescued from Boko Haram insurgents.
Reuters relied on interviews with 33 women and girls who alleged that they were victims of forced abortions in the custody of the Nigerian Army, with just one woman agreeing that she freely gave consent. According to the report, the allegations were corroborated by the testimonies of “five civilian healthcare workers and nine security personnel involved in the programme, including soldiers and other government employees such as armed guards engaged in escorting pregnant women to abortion sites.”
In the second report titled “Smothered, Poisoned and Shot” and published on its website on the 12th of December 2022, Reuters alleged that the Nigerian military engaged in systematic targeting and killing of children whom they claim are offspring of Boko Haram insurgents. The Reuters report specifically alleged killing of children in Kukawa, Gasarwa and New Marte. The news agency said it relied on interviews with “44 civilian witnesses with knowledge of killings and disappearances of children” as well as “15 security force members – soldiers, local militia members and armed guards – who said they took part in or observed targeted killings of children.”
Reuters claimed its investigation “found that Nigerian soldiers took aim at children of all ages in battle zones around the North-East because the army presumed the children were, or would become, terrorists. Soldiers selected babies and toddlers for killing after rescuing them and their mothers from Islamist militants; rounded youths up for interrogation and killing in raids of homes and marketplaces; or slaughtered children along with adult civilians in counterterrorism operations that were intended to leave no survivors.”
In the third report titled, “A War on Women” and published on its website on the 14th of December 2022, Reuters alleged various human rights violations suffered by women in the Boko Haram conflict and perpetrated by the insurgents and the Nigerian Military. The report largely centred on the travails of a victim named Aisha and alleged among others: “killing of civilians by Nigerian military in bombardments targeting Boko Haram camps, including the killing of Bana, Aisha’s son, the Nigerian military stationed at a camp in Madagali administering injections on her and procured an abortion without her consent and the Nigerian military stationed at a camp in Madagali administering medicine on Aisha’s daughter, Fatima, leading to her death.
The probe
Worried by the Reuters series , the National Human Rights Commission, in line with its mandate under sections 5 and 6 of the NHRC (Amendment) Act, 2010 set up the Special Independent Investigative Panel on Human Rights Violations in Counter-Insurgency Operations in North-East Nigeria (SIIP North-East) on 7th of February 2023.
The Justice Abdu Aboki-led panel had, Ms Kemi Okenyodo, representing Women Rights Organisation, Barrister Azubuike Nwankenta, representing the Nigerian Bar Association (NBA), Major General Letam Wiwa (rtd).- military law and intelligence expert, Dr Maisaratu Bakari, consultant obstetrics and gynaecologist, representing the Nigerian Medical Association, Dr. Fatima Akilu, humanitarian expert, – representing civil society, Ms Halima Nuradeen, psychologist – representing youth population and Hilary Ogbonna – head of secretariat of the panel as members.
The mandate was to; investigate allegations of gross violations of national and international human rights laws/principles alleged against the Nigerian Armed Forces, receive memorandum from individuals and organisations with interest in the subject matter, especially human rights, security and humanitarian organisations working in the North-East and make appropriate determinations as to the culpability of individuals or institutions as deemed necessary in each circumstance.
The panel was also mandated to determine as to the damages or compensation payable in relation to any violation of human rights where deemed necessary, refer any matter of human rights violations requiring prosecution to the Attorney General of the Federation (AGF) or of a State, as the case may be, and make recommendations to government on, institutional, policy and regulatory measures to be taken to integrate human rights principles and practices into military and counter-insurgency operations,
In the course of investigation, the panel had sessions in four locations – namely Maiduguri, Abuja, Adamawa and Damaturu. A total of 199 witnesses, comprising 66 Military, 23 government officials, 34 state medical personnel and 76 non-state actors testified.
Findings
At the end of its Investigations, the panel said it found no evidence that the Nigerian military conducted a secret, systemic and illegal abortion programmes terminating 10,000 pregnancies among women and girls in the zone.
The panel held that testimony of Hauwa Abubakar, Attorney General and Commissioner for Justice, Borno State, to the effect that she never witnessed either a formulation or discussion of policy relating to termination of pregnancy, and has not been required to support any policy on illegal abortion in Borno State, was persuasive. The panel said it believed that the witness was in a position to know if an abortion policy existed in the State.
According to the report, “There is no evidence that, the Nigerian military conducted illegal or force abortions in the North-East. Based on the evidence from military and medical witnesses, abortions are special medical procedures requiring time and expertise which are not readily available in the front lines. The structure and operational protocols of the military makes it difficult for them to conduct illegal and forced abortions.
“The panel found out that there is no evidence to substantiate the claim that Nigerian military escorted pregnant women and girls to sites or locations, for the purpose of conducting forced and illegal abortions in the North-East.
“The Nigerian Military escorted surrendees returnees to the Hajj and the Bulumkutu camps in Maiduguri for rehabilitation and reintegration. There is no hospital record to indicate that forced and illegal abortions were conducted on women and girls in military medical facilities.
“The panel finds that there is evidence that officers of the Nigerian military provided counseling and medical interventions to civilians in their host communities, as part of their corporate social responsibility. There is evidence to indicate that military medical officers interfacing with returnees and surrendees conducted tests and administered first-aid treatments for their ailments. The panel agrees with the testimonies of Major General Victor Ezeugwu, Major General Suleiman Idris (rtd.), and Lieutenant Colonel Adeniyi S. Ogunsakin, who stated that returnees and surrendees are usually taken in an ambulance to the hospital for further medical attention after the initial first aid treatment”.
On the smothered, poisoned and shot allegation, the panel held that, there was no evidence to show that the Nigerian military targeted children because they were offspring of Boko Haram or that the military burnt, suffocated or administered illegal substances to children leading to their deaths as alleged in the report. However, the report agreed that, there was an incident of Nigerian soldiers burning a woman and three children in Abisari community in Marte Local Government in 2016.
The panel also found out that there is evidence to establish that the Nigerian military attacked the Abisari community on June 18, 2016 leading to the death of 18 people, including women and children.
But the panel absolved the military on the allegation that army commanders ordered soldiers to shoot and kill children because they collaborated with Boko Haram insurgents.
The panel disclosed that Reuters failed to appear before it to testify. It further noted that the refusal of the International Committee of the Red Cross (ICRC) to honour its invitation, raised questions as to its commitment to the values and principles it has always projected.
In the same vein, the panel stated that despite efforts inviting them to appear, international not-for-profit Medecins Sans Frontiere (MSF) declined multiple invitations, expressing the view that international organisations working in the humanitarian ecosystem must subject themselves to the highest standards of probity and accountability.
Recommendations
The panel recommended that the federal government should pay compensation to the victims of the killings in Abisare within 90 days of the receipt of the report.
It also urged the NHRC to work out a compensation regime and recommended same to the federal government within 30 days from the receipt of the report, while the Nigerian Armed Forces and other appropriate authorities should constitute a court martial to prosecute suspected officers and men of the defunct 8 Task Force Division, Monguno who were operational in Abisare in June 2016 or other units of the Nigerian Armed Forces who were operational at the location within the same period.
It also asked NHRC to refer for prosecution by the AGF, retired suspected officers and men of the defunct 8 Task Force Division, Monguno who were operational in Abisare in June 2016 or other units of the Nigerian Armed Forces who were operational at the location within the same period.
The panel equally recommended the improvement of basic facilities and education for children in camps and recovered post-conflict communities as well as psycho-social support for children affected by armed conflict, while seeking an investigation into the activities of Medicins Sans Frontieres by the Borno state government.
It also asked that the leadership of the Nigerian Armed Forces should, within six months of the submission of the report, establish a dedicated human rights unit within the military operations and formations to provide training, guidance and oversight on human rights issues.
The panel urged the Nigerian military to, develop clear and comprehensive policies on human rights into its operations. These policies should be based on international human rights law and best practices. They should address issues such as the use of force, detention, and the treatment of civilians.
“The government and military leadership should implement robust protections for whistle-blowers who report human rights abuses within the military, ensuring they are safeguarded from retaliation and that all military operations should be conducted without discrimination based on race, ethnicity, religion, or other statuses, respecting the human rights of all individuals involved.
“The armed forces in collaboration with the federal and state governments should prioritize policies that focus on the protection of civilians, including the development of early warning systems and safe zones during counter-insurgency operations” the panel also advised.
The Aboki-panel urged the National Human Rights Commission, the Nigerian Armed Forces and the federal and state governments to put mechanisms in place for the implementation of the report and to adopt far-reaching reforms and programmes prioritising human rights principles in military operations that will bring professionalism and respect for human rights within the Nigerian Armed Forces.
Receiving the report, the NHRC boss, Dr. Tony Ojukwu, SAN said, “As part of our commitment to ensuring the panel’s recommendations are fully realized, the NHRC will be embarking upon series of public consultations and conversations on the report. The first of this series will be taking place in Maiduguri next week. We plan to host similar forums in Damaturu and Yola. In December, NHRC plans to host a civil-military forum where the report and its implementation strategies will be discussed with all stakeholders.
“Additionally, the NHRC will work closely with military and medical institutions to foster respect for human rights in humanitarian situations. The NHRC is committed to ensuring that citizens of Abisari community identified in the report receive compensation and will continue to work with the military and the office of the Attorney General to ensure that justice is served.
“The NHRC will liaise with our UN partners to propose human rights-based programs focused on the resettlement and reintegration of returnees and vulnerable populations, including children affected by conflict,” he added.
READ ALSO: 85 percent of cases we receive at NHRC are related to women, children abuses —Akintayo Olamide
