As insecurity continues to affect every aspects of life in Nigeria, anxiety is mounting over the government of the United State of America (USA) recent threat to suspend military aid to Nigeria. In this report, ABDULRAHMAN ZAKARIYAU takes a critical look at the implications of the threat.
The Leahy Law is an American rights ordinance that prohibits the US government from providing military assistance to foreign security force units that violate human rights with impunity.
The United States has once again warned that it may stop rendering military assistance to Nigeria if the country fails to protect human rights.
United States Secretary of State, Antony Blinken, disclosed this recently in an interview with CNN, just as he urged the Buhari-led government to sanction individuals found to have violated human rights during the October 2020 #EndSARS protests.
This comes on the heels of the white paper on the Lagos State Judicial Panel of Inquiry on Restitution for Victims of SARS Related Abuses and Other Matters.
He added that the US might evoke the Leahy Law on military aid against Nigeria if the country failed to protect human rights.
“A couple of things are really important. As I said, the report itself, done by the state government, but then once it’s out, for there to be active on the basis of the report, action as necessary by the states, action by the federal government, and action in the sense of two things.
“First, making sure that based on what is documented to have happened, it won’t happen again, so there may be necessary reforms – and building or rebuilding trust between the citizens and the security services, between citizens and the state. That is an obligation of both the state government and the federal government.
“Second is accountability. If there are individuals that emerge from this report who are responsible for committing abuses, there has to be accountability in terms of those individuals. That too is vital to rebuilding trust between citizens and the state and the security services,” he said.
On what the US would do if human rights abuses continued, he responded, “And, of course, we also have laws in place, the Leahy laws, for example, that make sure that if there are units that have committed abuses, we’re not going to provide equipment to those units.”
When asked if the Leahy law would be imposed on Nigeria, the Secretary of State responded, “Well, we look in any instance if and if there are credible allegations that prove, that we believe meet the standard of the law, yes, of course, we’ll apply the law.”
And on if the US government would bow to pressure by the US Congress to impose an arms embargo on Nigeria amid incessant allegations of human rights abuse, Blinken said it would all depend on Nigeria’s response.
He explained that the assistance being given to the Nigerian military was not only hardware but training to tackle terrorism and criminal activities.
PDP Reps demand
Prior to the threat by the US government to suspend military aid, members of the Peoples Democratic Party (PDP) in the House of Representatives had asked the US secretary of state to address issues of human rights violation allegedly perpetrated by the Nigerian government.
In a statement, issued recently, Leader of the PDP Caucus, Kingsley Chinda, appealed to Blinken to address human rights abuses which he said has become the “spur of violent conflicts” in the country.
“The caucus urged the government of the United States, through secretary Blinken, to impress on the Nigerian government as an act of principle to stay within the realm of prohibition by not deploying received military assistance against citizens who embark on legitimate and constitutional agitations, including agitations for self-determination and secession, which are legitimate aspirations under our laws and treaties entered into by Nigeria,” the PDP lawmakers said.
“Beyond all of this, and as strategic partners, with shared vision and future for peace, we are convinced that the shared vision and future are impossible without the United States showing more than a passing and curious interest on respect for human rights.
“The nexus between human rights and peace is beyond contest; sustainable development is only possible when human rights become the cornerstone of governance. Under this government, human rights abuses have become the spur of violent conflicts, halting economic progress, growth and development.
“Secretary Bliken should as a matter of urgency hold the Nigerian government to account for the wanton assaults on rights, abuse of state power, systematic use of state violence to suppress peaceful protesters, particularly activists of the #EndSARS Movement and campaigners for self-determination, extra-judicial killings, intimidation of the judiciary; and declare to this government that abuses of human rights have consequences.”
He added that, “Our country cannot afford the luxury of losing military officers to terrorists when it can seek strategic military and counter-insurgency assistance from the United States that has for many years built strategic and sustained military and intelligence frameworks for fighting terrorism.
“We note that the insistence of the Government of United States that all strategic military, anti-terrorism and counter-insurgency engagements must be in accord with the Leahy laws.”
Don’t suspend aid, group urges
The Society Safety Network (SSN) has cautioned the government of the United States against suspending its military to the Nigerian government in tackling insecurity over allegations of violation of human rights.
Executive Director SSN, Agboola AbdulRahman, said it will be unfair for the government of the United States of America to allow “lies and propaganda” to guide its actions on military aid to Nigeria.
The SSN executive director, in a phone chat with Blueprint Weekend, said: “All countries in the world witness challenging periods when they are confronted with problems that require support from other countries of the world. These internal could be insecurity, public health (pandemic), political crisis and economic among others, Nigeria as a nation is undergoing hers.
“Economic and insecurity are Nigeria major challenges, but with the zeal of Nigerian government, Nigerian security agencies and support of other countries these problems would become a thing of the past.”
According to AbdulRahman, “Tthere is no concrete evidence of human rights abuse that could warrant any country like the US to threaten Nigeria government of suspending its military aid. “From our findings, the Nigerian security agencies have been professional in their approach to tackling the security situation in the country. Human rights violation is not rampant in Nigeria to warrant such action.
“This allegation of human rights abuse is politically motivated by some politicians and propaganda by some criminals who will benefit from insecurity and ill-equipped security personnel.
“While we urge the US government to jettison this allegation, we also want to warn that suspending military support will affect the Nigerian government’s fight against insurgents, and if Nigeria is consumed by insurgents the world will be affected.
“The two countries should ensure their relationship strengthened and not weakened by the unsubstantiated allegation of human right abuse.”
FG, security agencies must be cautious of human rights – Expert
Speaking on the development, a security analyst Zaka Emmanuel said, “Even though is an allegation, the federal and state governments, alongside security agencies should be cautious of human rights abuse in their dealings.”
Emmanuel, who in a phone chat with Blueprint Weekend lamented that insecurity has almost consumed Nigeria, maintained that Nigeria needed all the support to tackle the menace.
He said, “Nigerian government have for year’s been prosecuting the war against the insurgents with support from many countries.
“The support Nigeria gets from US, China and other countries are in the aspects of training of security personnel, supporting with weapons and exchanging intelligence. All these have been very helpful.
“To be frank it is difficult to prosecute the war against the insurgents without pockets of abuse of fundamental human rights. So government at the level must critically look at these allegations punish those found culpable and caution security personnel to be professional in their operation.
“This is not a time to argue or not act, because Nigeria needs as much support as the nation can get to win this war.
“US government should also understand that Nigeria is the most populous black nation on heart, so a problem in a country with over 200 million is a global problem.
“On no account should Nigeria be left alone with her insecurity problems, because if it goes out of hand many countries including America may be affected.”
FG respects human rights, Malami insists
The Attorney General of the Federation and Minister of Justice, Abubakar Malami, has reassured of the continued observance of human rights by the present administration.
Malami also insisted that under President Muhammadu Buhari citizens fundamental human rights were respected.
He said, “All these measures have been taken to ensure that the commission is able to advise the government properly in the fulfilment of its international human rights obligations and protect and promote the human rights of Nigerians and persons living in Nigeria without fear or favour in line with the Paris Principles.
“It is a known fact that the present government had complied with the award of damages for victims of the 2012 Apo killings of Okada riders by security agents, as well complied with the 2018 White paper recommendations on Special Anti-Robbery Squad of the Nigerian Police.”
He further noted that: “The disbandment of SARS and the setting up of various panels of Inquiry investigating and awarding damages for human rights violations by SARS is a clear testimony to the fact that this government is fulfilling its international obligation to set up an independent National Human Rights Commission for the promotion and protection of the rights of Nigerians.
“I am happy to note that in recognition of the compliance of the Commission with the Paris Principles, the Commission has been graded with ‘A Status’ in the comity of national Human Rights Institutions by the Global Alliance for National Human Rights Institutions (GANHRI).
“The commission has affiliate status with the African Commission on Human and Peoples Rights. These give the Commission access to all necessary meetings at the UN and AU Levels.
“This is indeed gratifying and it beholds on the Governing Council to uphold and improve on the standard achieved by the previous Councils and the Management of the Commission before now.”
