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Taking the Human Rights Campaign to the African Commission

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A Session of the African Commission

In an effort to confront impunity in law enforcement services delivery and reduce incentives to kill arbitrarily Access to Justice filed, in 2003, a Communication to the African Commission on Human and Peoples’ Rights, complaining that the Nigeria government has extensively breached several regional and international instruments protecting and guaranteeing the right to life.

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AJ’s Programme Attorneys at a Session of the African Commission

The Communication, No 270/2003, Access to Justice/ The Federal Republic of Nigeria alleges gross violations of the right to life in Nigeria through extra judicial, summary and arbitrary killings perpetuated by state security agents and vigilante groups in breach of the African Charter on Human and Peoples’ Rights to which Nigeria is a signatory. The Communication also alleges that the Government of Nigeria has failed in its general duty to protect human rights contrary to Articles 1 and 2 of the Charter, and in its general obligation to investigate, prosecute and punish those responsible for the grave violations, and to make reparations for extra-legal killings to families of victims of the killings. Access to Justice further urges the African Commission to recommend reforms consistent with international standards in law enforcement capable of engendering respect for human rights and accountability for human rights abuses within the police force.

The Nigerian Government in her response, in November 2004, to Access to Justice’ Communication, denied the existence of systemic impunity in human rights violation in Nigeria and resisted the admissibility of the Communication on grounds that local remedies were available anyway to deal with the concerns raised. However, at the 41st Ordinary Session of the African Commission held in May 2007 in Accra, Ghana, the Commission admitted Access to Justice’ Communication. As requested by the Commission parties have made submissions on the merits of the Communication. Decision on the merit of the Communication is expected to be delivered at the Commission’s next Ordinary session in November 2008.