Many rivers to cross ahead of 2028 Human Rights Review

Executive Secretary NHRC, Anthony Ojukwu (SAN)

With the 2028 Universal Periodic Review fast approaching, Nigeria faces a decisive moment in its human rights journey. Will it seize the opportunity to initiate and implement meaningful reforms, or will it once again falter as the country is perennially trapped in a cycle of impunity and unfulfilled commitments to rights protection? AMEH OCHOJILA reports.

As Nigeria prepares for its 2028 Universal Periodic Review (UPR) under the United Nations human rights mechanism, the nation stands at a crossroads. Essentially, the review presents a critical moment for introspection on how Nigeria has fared between the last review, which was conducted in 2023, and now.
The fundamental question remains whether the country is poised to confront its human rights realities or stands the risk of faltering once again under international scrutiny.

A human rights officer from the Office of the United Nations High Commissioner for Human Rights (OHCHR), Esther Michael Sawa, identified two types of human rights monitoring mechanisms within the United Nations system to include treaty-based bodies and charter-based bodies.

The 10 human rights treaty bodies, made up of committees of independent experts, monitor the implementation of the core international human rights treaties. The charter-based bodies, on the other hand, include the Human Rights Council, Special Procedures, Universal Periodic Review (UPR), and Independent Investigations.

According to reports, Nigeria’s past UPR cycles, particularly in 2018 and 2023, exposed recurring gaps in human rights protections. Despite numerous pledges by the Federal Government, meaningful reforms have remained elusive as security forces have continued to operate with impunity, and allegations of extrajudicial killings, enforced disappearances, and arbitrary detentions are constantly on the rise.

The failure to implement substantial police and military reforms following the #EndSARS protests reinforced skepticism about the country’s commitment to human rights.

Press freedom has also remained a contentious issue. Journalists and activists have continued to operate in an atmosphere of fear of imminent arrest, harassment, and digital censorship, with the rising use of cybersecurity laws to stifle dissent further restricting civic space despite constitutional guarantees of free expression.

The country’s sluggish response to these concerns has raised doubts about its willingness to create a truly open and democratic society devoid of injustice and intimidation.

While it has ratified numerous international human rights treaties on paper, the real challenge lies in domesticating and enforcing them. Laws such as the Child Rights Act and the Violence Against Persons (Prohibition) Act remained inconsistently implemented, with several states yet to even ratify them.

The human rights monthly report of the Commission decried a surge in rape cases in its September 2024 edition. According to the Human Rights Adviser, Hillary Ogbonna, 70 cases of rape were documented within the period. He described the situation as “alarming.”

Frowning that rape has become one case too many, Ogbonna underscored the need for stronger measures to combat sexual violence. This legal inertia has left millions of citizens, particularly women and children vulnerable as they continually contend with gender-based violence, child labor, and other forms of exploitation.

Rising insecurity has further exacerbated the situation as banditry, kidnapping, insurgency, and communal conflicts have displaced thousands, exposing them to various kinds of rights violations.

While the government insisted on its commitment to security, its responses have remained largely reactive, lacking the proactive strategies necessary to prevent large-scale displacement and violence.

An independent and efficient judiciary is considered crucial for human rights protection. Yet, Nigeria’s legal system is allegedly marred by delays, compromise, and political interference.

Overcrowded prisons, prolonged pre-trial detentions, and weak enforcement mechanisms further buttress the picture of a judicial system that is struggling to dispense justice.

The implication is that without urgent reforms, victims of human rights abuses will continue to be denied redress, which will further erode confidence in Nigeria’s commitment to justice.

The imperative of institutional accountability cannot be overstated. At a recent multi-stakeholder workshop organised in Abuja by the Office of the United Nations High Commissioner for Human Rights (OHCHR), and the National Human Rights Commission (NHRC), experts emphasised the urgent need for judicial reforms, particularly in cases involving human rights violations.

The discussions underscored systemic weaknesses, including poor inter-agency collaboration and inadequate funding for human rights institutions. The challenges identified included inadequate budgetary allocations and delays in passing key bills. Others are a lack of synergy among stakeholders and weak enforcement of existing policies.

The multi-stakeholder workshop assessed Nigeria’s progress in implementing the Concluding Observations of the UN Committee on Migrant Workers (CMW).
Organised by the OHCHR and NHRC under the PROMIS Project, the workshop gathered government agencies, civil society groups and international organisations while discussions focused on policy and legal frameworks, data collection, social protection and governance.

It also served to evaluate legislative, policy, and administrative reforms related to the implementation of the Convention on the Protection of the Rights of all Migrant Workers and Members of their families (CMW). Various thematic areas, including compliance levels, challenges and proposed actionable solutions were examined.

Participants reviewed the labour and immigration acts and highlighted the need for reforms to improve inter-agency coordination, ensure non-discrimination, strengthen freedom of association, and enhance protections against violence and intimidation. Issues surrounding work permits, residency procedures, border management, and migrant support services were also addressed.

The importance of data collection, privacy protection and independent monitoring was emphasised, particularly in combating corruption and improving the regulation of recruitment agencies. The need for better access to healthcare, education, and social security for migrant workers was also looked into, with concerns raised about birth registration, nationality rights, labour exploitation, and anti-trafficking measures.

Governance structures and resource mobilisation were central to discussions, with participants advocating for a comprehensive migration strategy, better resource allocation, enhanced return and reintegration programmes, as well as, improved expulsion procedures and consular assistance. The workshop concluded with commitments to strengthen inter-agency cooperation, develop a structured monitoring framework, and mobilising necessary resources to support sustained reform efforts. The outcomes underscored the need for a coordinated, rights-based approach to labour migration, ensuring that the principles of the CMW were effectively translated into national policies and practices.

The workshop drew participants from the Nigeria Police Force (NPF), the Federal Ministry of Humanitarian Affairs; the Nigerians in Diaspora Commission (NIDCOM); the Federal Ministry of Information and the National Orientation Agency, Office of the National Security Adviser (ONSA), National Agency for the Prohibition of Trafficking in Persons (NAPTIP), National Human Rights Commission (NHRC) and National Emergency Management Agency (NEMA).

Stakeholders at the forum recommended the immediate passage of pending migration-related bills, improved funding for migration programmes, and strengthened data collection frameworks.

The Executive Secretary of the Commission, Anthony Ojukwu (SAN) harped on the need for collaboration amongst the ministries and agencies of government to achieve better attainment in the next review.

They also called for greater awareness campaigns and legal protections for migrants, particularly those in irregular situations. The workshop concluded with a commitment to enhancing policy implementation through sustained monitoring, advocacy, and capacity-building efforts.

They noted that for Nigeria to present a credible case in its 2028 UPR, the government must shift from rhetoric to action. According to experts, the nation’s human rights standing will not improve through symbolic gestures but through concrete reforms.

They held that security agencies must be held accountable for abuses and that legal protections must be fully enforced across all states while the judiciary must be strengthened to function independently. It was also stated that civic space must be safeguarded and journalists be allowed to operate without fear.

This is against the backdrop of incessant attacks and harassment of journalists in 2024. Various security agencies arbitrarily arrested numerous journalists.

For instance, the Centre for Journalism Innovation and Development (CJID’s) Press Tracker on the first day of the #EndBadGovernance protests recorded 31 press freedom violations. The number rose to 67 by the time the curtain fell.

Some Nigerian journalists who tasted security agencies’ bitter pill in 2024 include the founder of the Foundation for Investigative Journalism, Fisayo Soyombo, who was abducted by the Nigerian Army for days and only released after overwhelming pressure from members of the public. Another journalist from the FIJ, Daniel Ojukwu, was also detained for 10 days over a report. Others are Adejuwon Soyinka, who was detained by the State Security Service (SSS). That arbitrary detention lasted for six hours. Similarly, Nurudeen Akewushola and Dayo Aiyetan of the International Centre for Investigative Reporting (ICIR) were interrogated for hours by the National Cybercrime Centre (NPF-NCC) of the Nigerian Police Force.

Some of these cases contributed to the Reporters Without Borders (RSF) placing Nigeria 112th out of 180 countries in its press freedom index. However, a key aspect of the oncoming review, stakeholders admitted, involved public engagement and awareness.

Human rights education should be integrated into governance and law enforcement training, ensuring that state actors uphold fundamental freedoms. It was additionally agreed that Nigeria must embrace international cooperation, leveraging technical assistance from the UN and other global partners to implement UPR recommendations effectively.

Dr. Adebanke Ogun of the International Organisation for Migration, emphasised that protection of migrants’ human rights requires a holistic approach that integrates both governmental and societal efforts.

Such a strategy, she noted, will ensure that migration governance is not left solely to state institutions, but also involves a broad coalition of stakeholders, including faith-based organisations, civil society groups, traditional leaders, law enforcement agencies and community representatives.

According to her, achieving this feat requires inclusive participation, evidence-based policy-making, strategic partnerships and collaboration, policy integration on migration as well as active community engagement.

Dr. Ogun also expressed the belief that governments can create a more effective and sustainable framework for upholding migrants’ rights and dignity by fostering cooperation across sectors.

Stakeholders in the human rights community have pointed out that the 2028 review is not just a procedural obligation, but a test of Nigeria’s commitment to upholding the rights and dignity of its people.

Whether the country rises to the occasion or repeats the cycle of unfulfilled promises will determine its standing in the international human rights community afterward.

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