A/RES/51/109
                                                   82nd plenary meeting
                                                   12 December 1996
 
                 51/109. Situation of human rights in Nigeria
 
      The General Assembly,
 
      Guided by the Charter of the United Nations, the Universal Declaration
of Human Rights, the International Covenants on Human Rights, the Vienna
Declaration and Programme of Action adopted by the World Conference on Human
Rights, held at Vienna from 14 to 25 June 1993, and other human rights
instruments,
 
      Reaffirming that all Member States have the duty to promote and protect
human rights and fundamental freedoms and to fulfil the obligations they have
freely undertaken under the various international instruments in this field,
 
      Recalling that Nigeria is a party to the International Covenants on
Human Rights and to the International Convention on the Elimination of All
Forms of Racial Discrimination,
 
      Recalling its resolution 50/199 of 22 December 1995, and taking note of
Commission on Human Rights resolution 1996/79 of 23 April 1996 on the
situation of human rights in Nigeria, including the absence of representative
government in Nigeria contrary to the popular support for democratic
government as evidenced in the 1993 elections,
 
      Also recalling the announcement made by the Government of Nigeria on 1
October 1995, in which it affirmed the principle of multi-party democracy, the
principle of power-sharing and its intention to lift the ban on political
activities and the press, to devolve power to the local levels of government
and to subordinate the military to civilian authority,
 
      Welcoming the report of the mission sent to Nigeria by the
Secretary-General pursuant to resolution 50/199, and noting the interim
response of the Government of Nigeria to that mission,
 
      Welcoming also the resumption of dialogue between Nigeria and the
Commonwealth,
 
      Noting the action taken to date to move towards a system of multi-party
democracy, including the registration of five political parties and the
intention to hold elections, on a party basis, to the local councils in
December 1996, as well as the release of a number of detainees and the repeal
or amendment of measures which were seen as obstacles to human rights,
 
      Regretting, however, that a number of political associations have been
instructed to disband on the grounds that they did not meet the requirements
stipulated in the transition process,
 
      Taking note with appreciation of the interim report of the Special
Rapporteur of the Commission on Human Rights on the independence of judges and
lawyers and the Special Rapporteur of the Commission on Human Rights on
extrajudicial, summary or arbitrary executions,
 
      Noting with deep concern reports of grave violations of human rights,
including extrajudicial, summary or arbitrary executions and arbitrary
detention, and failure to respect due process of law, as described in, inter
alia, reports submitted by the Special Rapporteur on the independence of
judges and lawyers and the Special Rapporteur on extrajudicial, summary or
arbitrary executions, as well as in the concluding observations of the Human
Rights Committee,
 
      Stressing the importance of the mandate of the Special Rapporteur on the
independence of judges and lawyers and the Special Rapporteur on
extrajudicial, summary or arbitrary executions to undertake a joint
investigative mission to Nigeria, as requested by the Commission on Human
Rights in its resolution 1996/79,
 
      Concerned that, despite a number of legislative and procedural measures
taken to reform the system of administration of justice, persons in detention
in Nigeria continue to face a flawed judicial process, and recalling in this
regard the arbitrary execution of Ken Saro-Wiwa and his associates,
 
      1.    Expresses its deep concern about violations of human rights and
fundamental freedoms in Nigeria, and calls upon the Government of Nigeria
urgently to ensure their observance, including by releasing all political
prisoners, trade union leaders, human rights advocates and journalists who are
at present detained, guaranteeing freedom of the press and ensuring respect
for the rights of all individuals, including persons belonging to minorities;
 
      2.    Calls upon the Government of Nigeria to ensure that trials are
held strictly in conformity with the international human rights instruments to
which Nigeria is a party;
 
      3.    Also calls upon the Government of Nigeria to abide by its freely
undertaken obligations under the International Covenant on Civil and Political
Rights and other human rights instruments, including the African Charter of
Human and Peoples' Rights, and notes with interest in this regard the
recommendations of the Human Rights Committee to the Government of Nigeria;
 
      4.    Further calls upon the Government of Nigeria to implement fully
its interim undertakings to the Secretary-General without further delay and to
respond in full to the recommendations of the Secretary-General's mission to
Nigeria; 
 
      5.    Regrets that the Government of Nigeria has not enabled the Special
Rapporteur of the Commission on Human Rights on the independence of judges and
lawyers and the Special Rapporteur of the Commission on Human Rights on
extrajudicial, summary or arbitrary executions to visit the country before
presentation of their report to the General Assembly, and urges the Government
of Nigeria to cooperate fully with them during the joint investigative mission
to Nigeria mandated by the Commission on Human Rights and with the relevant
mechanisms of the Commission;
 
      6.    Notes the declared commitment of the Government of Nigeria to
civilian rule, and urges it to take further concrete steps to restore
democratic government;
 
      7.    Welcomes the intention of the Secretary-General to pursue his good
offices, and requests the Secretary-General in the discharge of his good
offices mandate and in cooperation with the Commonwealth to continue to
undertake further discussion with the Government of Nigeria and to report on
progress in the implementation of the present resolution and on the
possibilities for the international community to offer practical assistance to
Nigeria to achieve the restoration of democratic rule and the full enjoyment
of human rights in Nigeria;
 
      8.    Decides to consider this question at its fifty-second session
under the item entitled "Human rights questions".