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Navigating Human Rights Challenges: Nigeria's path to 2028 universal periodic review

POSTED ON March 24, 2025 •   Breaking News      BY Abiodun Saheed Omodara
Executive Secretary NHRC, Anthony Ojukwu (SAN)

As Nigeria gears up for its 2028 Universal Periodic Review (UPR) under the United Nations human rights framework, the country finds itself at a crucial juncture.

This review represents an important opportunity for reflection on Nigeria's performance since its last assessment in 2023. The key inquiry is whether Nigeria is ready to address its human rights challenges or if it risks falling short once more under global observation.

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

The ten human rights treaty bodies, consisting of committees of independent experts, oversee the enforcement of essential international human rights treaties, while charter-based bodies include the Human Rights Council, Special Procedures, Universal Periodic Review (UPR), and Independent Investigations.

Reports indicate that Nigeria's earlier UPR cycles, particularly in 2018 and 2023, unveiled persistent deficiencies in human rights safeguards. In spite of numerous commitments from the Federal Government, significant reforms have remained out of reach as security forces continue to act with little accountability. There is a notable rise in allegations of extrajudicial executions, enforced disappearances, and arbitrary detentions.

The government's failure to implement genuine police and military reforms following the #EndSARS protests has fueled doubts about its intentions regarding human rights. Press freedom also continues to be a contentious topic, with journalists and activists working in an environment filled with threats of arrest, harassment, and digital censorship. The escalating use of cybersecurity laws to suppress dissent further limits civic space, despite constitutional assurances of free speech.

The sluggish response of the government to these concerns has cast uncertainty on its willingness to establish an open and democratic society free from injustice and intimidation. Although Nigeria has ratified numerous international human rights treaties theoretically, the actual issue lies in the domestication and enforcement of those laws. Legislation such as the Child Rights Act and the Violence Against Persons (Prohibition) Act has seen inconsistent application, with several states yet to ratify them.

The human rights monthly report from the Commission highlighted an alarming increase in rape incidents in its September 2024 publication.

Human Rights Adviser Hillary Ogbonna reported 70 cases of rape during the period, deeming the situation “alarming.”

Ogbonna emphasized the urgent need for more robust actions against sexual violence, indicating that this legal inaction leaves millions, particularly women and children, exposed to gender-based violence, child labor, and various forms of exploitation.

The escalating insecurity in the country has worsened matters, as banditry, kidnappings, insurgencies, and communal violence have displaced thousands, leading to various human rights violations. Despite the government’s claims of a commitment to security, its actions have generally been reactive rather than proactive, lacking the strategies needed to avert large-scale displacements and violence.

An independent and effective judiciary is deemed essential for the protection of human rights. However, Nigeria’s justice system allegedly suffers from delays, corruption, and political meddling. Overcrowded prisons, prolonged pre-trial detentions, and inadequate enforcement mechanisms further depict a judiciary struggling to administer justice. Without immediate reforms, victims of human rights violations will persistently lack redress, undermining confidence in Nigeria’s pledge to justice.

The necessity of institutional accountability is paramount. At a recent multi-stakeholder workshop held in Abuja by the OHCHR and the National Human Rights Commission (NHRC), experts stressed the pressing need for judicial reforms, particularly concerning human rights violations. The discussions highlighted systemic weaknesses, including poor cooperation among agencies and insufficient funding for human rights organizations. Identified challenges included limited budgetary allocations and delays in passing critical legislation, alongside a lack of synergy among stakeholders and ineffective enforcement of current policies.

The workshop evaluated Nigeria’s progress in implementing the Concluding Observations of the UN Committee on Migrant Workers (CMW). Co-organized by the OHCHR and NHRC under the PROMIS Project, the event brought together government bodies, civil society organizations, and international entities to focus on policy and legal frameworks, data collection, social protection, and governance.

It further assessed 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 suggested actionable solutions, were discussed.

Participants reviewed labor and immigration laws, underscoring the need for reforms to enhance inter-agency coordination, ensure equal treatment, bolster freedom of association, and amplify protections against violence and intimidation. Additional issues regarding work permits, residency protocols, border management, and support services for migrants were also addressed.

The significance of data collection, privacy safeguards, and independent oversight was emphasized, particularly regarding the fight against corruption and improving recruitment agency regulations. The workshop also focused on enhancing migrant workers’ access to healthcare, education, and social security while raising concerns about birth registration, nationality rights, labor exploitation, and anti-trafficking initiatives.

Governance structures and resource mobilization featured prominently in the discussions, with participants advocating for a comprehensive migration strategy, improved resource distribution, enhanced return and reintegration programs, as well as better expulsion procedures and consular assistance. The workshop concluded with commitments to strengthen inter-agency cooperation, create a structured monitoring framework, and mobilize necessary resources to back ongoing reform initiatives. The outcomes highlighted the need for a coordinated, rights-based approach to labor migration, ensuring that the principles of the CMW are effectively reflected in national policies and practices.

Participants from various agencies, including the Nigeria Police Force (NPF), the Federal Ministry of Humanitarian Affairs, the Nigerians in Diaspora Commission (NIDCOM), and others attended the workshop. Stakeholders suggested the urgent enactment of pending migration-related legislation, increased funding for migration initiatives, and improved data collection systems. Anthony Ojukwu (SAN), the Commission's Executive Secretary, stressed the importance of collaboration among government ministries and agencies for better outcomes leading to the next review.

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

Stakeholders noted that for Nigeria to present a credible case in its 2028 UPR, the government must transition from mere rhetoric to meaningful actions. Experts argue that the country’s human rights standing will only improve with tangible reforms, holding security agencies accountable for misconduct and ensuring that legal protections are fully enacted across all states while strengthening the judiciary’s independence. It was also emphasized that civic space must be protected and journalists should operate freely without fear.

This occurs in the context of recurrent attacks and harassment of journalists in 2024. Different security agencies have arbitrarily detained numerous journalists. For example, the Centre for Journalism Innovation and Development (CJID's) Press Tracker reported 31 violations of press freedom on the first day of the #EndBadGovernance protests, rising to 67 by the end. Notable instances of journalists facing the security agencies’ harsh treatment in 2024 include Fisayo Soyombo, founder of the Foundation for Investigative Journalism, who was abducted by the Nigerian Army for several days and released only after extensive public pressure. Another journalist, Daniel Ojukwu from FIJ, was held for 10 days over a report, while Adejuwon Soyinka was detained by the State Security Service (SSS) for six hours. Similarly, Nurudeen Akewushola and Dayo Aiyetan of the International Centre for Investigative Reporting (ICIR) faced lengthy interrogations by the National Cybercrime Centre (NPF-NCC) of the Nigerian Police Force.

These incidents have contributed to Reporters Without Borders (RSF) ranking Nigeria 112th out of 180 countries in its press freedom index. Nonetheless, stakeholders have acknowledged that a significant aspect of the upcoming review involves public engagement and awareness. It is essential to integrate human rights education into governance and law enforcement training, ensuring state actors uphold fundamental freedoms. There was also a consensus that Nigeria should embrace international cooperation, utilizing technical assistance from the UN and other global partners to effectively implement UPR recommendations.

Dr. Adebanke Ogun from the International Organisation for Migration emphasized that protecting migrants’ rights necessitates a comprehensive approach that combines both governmental and societal efforts. This will ensure that migration governance is not left solely to state institutions, but also involves a wide coalition of stakeholders, including faith-based organizations, civil society groups, traditional leaders, law enforcement agencies, and community representatives. She believes that fostering collaboration across sectors can help create a more effective and sustainable framework for upholding migrants’ rights and dignity.

Stakeholders within the human rights community have pointed out that the 2028 review is not simply a procedural obligation; it is a measure of Nigeria’s dedication to respecting the rights and dignity of its populace. Whether the nation will rise to the challenge or repeat a cycle of unfulfilled commitments will influence its standing in the global human rights arena moving forward.

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