Mr. Chairperson,

The Nigeria government in its right of reply under Item 11declared that Nigeria treated the issues of the human rights and fundamental freedoms of all its citizens seriously. Addressing this commission, the Secretary-general to the United Nations, Mr Kofi Annan remarked that the era of declaration is now giving way, as it should, to an era of implementation.

Mr. Chairperson, the issue at stake in Nigeria is not making statements about human rights protections but more about how the government implements the human rights standards which it has acceded to, especially when it involves vulnerable groups like the Indigenous Ogoni people and other groups in the Niger Delta of Nigeria that continue to face discriminatory practices in the country.

The right to redress, as set forth in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and numerous other instruments, is a key right in international human rights law. It is a key preventive measure against cycles of further conflict and violations of human rights. Redress will provide the ground from which sorely-needed reconciliation and the protection of human rights can grow.

The international community will remember that on November 10, 1995, Nigerian writer and environmentalist Ken Saro-Wiwa and eight fellow activists of the Ogoni People-The Ogoni 9 were hanged by the military government of Nigeria. In resolution A/RES/50/199, the General Assembly condemned the executions as arbitrary and the tribunal as flawed and send a fact finding mission to Ogoni. The Secretary General presented the mission’s findings to the Fiftieth Session of the General Assembly in A/50/960.

The mission condemned the tribunal, stating that it did not have jurisdiction to try the Ogoni Nine, and did not conform to applicable international and regional human rights law, or to domestic law. The mission recommended redress to the Ogoni People including financial relief to the survivors and assistance in improving the socio-economic conditions of the Ogoni people and the Niger Delta in general.

In 2001,the African Commission in its ruling contained in ACHPR/COMM/A044/1 in relation to Communication 155/96 had appealed to the government of Nigeria to ensure the protection of the environment, health and livelihood of the Ogoni People by amongst others ensuring adequate compensations to the victims of human rights violations including relief and resettlement assistance to victims of government sponsored raids and undertaking a comprehensive clean up of lands and rivers damaged by oil spills

Yet in the intervening nearly ten years since the execution, the Nigerian government, now under civilian rule, has failed to address the plight of the Indigenous Ogoni people and to protect their human rights. The recommendations of the Secretary-General’s fact finding mission and the African Commission have been completely ignored. Despite President Obasanjo’s stated commitment of May 2002 to clearing the names of the Ogoni Nine, the Nine remain convicted of a crime for which they were unjustly accused and unfairly tried.

Mr.Chairperson, as we approach the 10th anniversary of the killing of the Ogoni Nine, we would like to reiterate that the Indigenous Ogoni people and the Niger Delta continue to suffer neglect by the present civilian government. Recently, the government embarked on eviction of at least 5,000 Ogonis and members of ethnic minorities from shanty towns in Port Harcourt just for the sake of giving land to an oil company, Agip Oil.

Under these circumstances, we respectfully request the Commission to ask the Secretary General to report to it, on the progress of the implementation by the Nigerian government, of the recommendations of the fact-finding mission and decisions of the African Commission on the situation in Ogoni and the Niger Delta as a whole.

Thank you.