Interview:  NHRC paid over N480 million to 120 people for rights infringements after the SARS investigative panel saga, – Hilary Ogbonna.

Interview:  NHRC paid over N480 million to 120 people for rights infringements after the SARS investigative panel saga, – Hilary Ogbonna.

In this interview, Hilary Ogbonna, a senior human rights adviser to the executive secretary of the National Human Rights Commission, speaks after a recent stakeholders consultative forum on the tripartite partnership to support national human rights institutions, Bodunrin Kayode sent an excerpt:

Q: Who are the three parties in the tripartite agreement you mentioned earlier during the stakeholder forum, and how long will it last?

A: It’s a partnership to support human rights institutions. It is also a partnership started by the United Nations Development Program (UNDP), the Office of the High Commissioner for Human Rights, and the Global Alliance for National Human Rights Institutions. And this is supported by the Norwegians, who are big supporters of the partnership. The three of them came together with their respective mandates. Undp is the front-runner organization for the UN in terms of development, cooperation, rule of law, and governance. The office of the high commissioner for human rights is the gatekeeper for global human rights, and the global alliance for national human rights institutions is the coalition and secretariat of all national human rights commissions across the world, over a hundred of them. So the three of them came together to decide to support the national human rights institutions to be able to achieve their mandates of promoting and protecting human rights and ensuring that they work with stakeholders in civil societies across the world. They pick and choose which national human rights commission they will support at any given time, and this is Nigeria. So they decided to support us from January 2024 to December 2024. By January 2025, they will decide whether to continue and how. So what are they supporting? The main support they provide is the capacity of national human rights institutions to enable them to achieve their mandates for human rights monitoring and reporting, sourcing data for human rights, and supporting national organizations to establish frameworks for business and human rights. Training and capacity building for human rights commissions and for their subnational-level offices. Since we have an office in Borno, the reason we are here is to use this week to build the capacity of our staff so that they are able to support the people of this state. So under the TPP, we are also doing a lot around promoting women’s rights, gender equality, and human rights education. So for all of this, we are going to support the Borno State Office of the NHRC, and it will be done throughout the year. The overall goal is to ensure that human rights commissions are effective in implementing their mandates, which is why we came here. 

Q: Speak on the final document you intend to propound as a roadmap for a business and human rights framework to hand over to the Federal Government, the planned pillars inside, etc. How would you put it? 

I can tell you that we have already set up that standard. We have all the necessary documents. The only person without the document as I speak to you is the Borno State Government. At the federal level, we have these two documents, one of which is the national action plan on the protection of human rights. That is a human rights obligation of Nigeria under the Vienna Declaration. President Buhari approved this in April 2023. So instead of presenting another action plan on business and human rights to them, we included it as a chapter under this national action plan. So in passing this, they have passed the two of them. The implementation of this one is ongoing by all the ministries. It’s a national document for everyone, not just the Human Rights Commission. As the ministry of environment or information, there is a role for you to play here. But this one is a specific national human rights mechanism for business and human rights. It is under this one that we have established the national working group on business and human rights. This is the one we want to establish in Borno State. So for us, we have outlined this road map, and under it, we will first develop a consent note that we will hand over to the government on what they need to know and do. And when the government understudies that note, we will also include these processes. They will do stakeholder mapping to know who is who and who is doing what. After that, they will convene a state consultative forum on business and human rights, which will mandate the state government to go ahead and develop a state action plan on business and human rights. This action plan will take into consideration everything that is contextual to this state as it concerns the human rights of the people of the state. They will copy a lot from the national action plan, but they will also make their own specific Borno plans. And then the action plan will say who will belong to the state working group, and they will inaugurate the state working group. Then they will begin the process of implementation, where they will stipulate what they will do, such as the capacity building that must be done to ensure that businesses conform to the national human rights principles and standards. Across Nigeria, with the social challenges we are having, any company that decides to have social responsibility will go and bring bags of rice, ask people to queue up, and there will be a stampede. People will even die due to the struggles for palliatives, which are human rights violations. So we need to have a standard for what to do, and we are already developing one, especially when it comes to business compliance on the issues of social care. You don’t kill people while trying to help them.

Q: Cuts in… like what happened during the customs palliative saga? 

It’s not only Nigerian customs that make such mistakes; even churches do it. Churches say they are coming to help with food. You will not ask how many people will come; you did not issue tickets; nor did you ask for a central exit or entrance so that when the place is full, you will close the door. And then, you don’t have emergency medical response units in case anything happens. It’s a general Nigerian thing, even where we are now. If someone collapses in this hotel now, God forbid, I am sure they do not have a system to evacuate them. And if they are evacuating you, do they have ambulances or amenities to use? So it’s just a whole gamut of unsolved problems.

Q: Finally, if there is a violation of the UN guiding principles on human rights between now and December 2024, what is the guarantee that everything will be ready? 

A:…..cuts in. Everything depends on the state government. If they ask us to jump, we will ask how high you want to jump. So it’s up to them, but if they don’t have this state action plan, our own action plan will cover them. Because human rights are a federal thing, they cannot do state action plans for the protection of human rights because the Vienna Declaration is very clear about it. But they can do a state action plan on business and human rights because even the state government taxes and also regulates businesses.

Q: Alternative justices—speak on it—and judicial remedies—will they be embedded in this package of the action plan?

A: Alternative justices will be embedded in the state-based package on non-judicial remedies. There are state-based judicial mechanisms and non-judicial mechanisms. The state-based non-judicial mechanisms include the Human Rights Commission. The ulamas are non-state-based judicial mechanisms, and they can equally perform some functions with limited quasi-judicial roles. The good thing is that each of them can actually perform judiciary roles and award compensation. Like the HRC will award compensation based on its laws, if it’s the DSS or police that infringed on your rights, we will ask them to insert the same in their budget, and it will be paid to you. And I tell you, we have been successful in all this. But whether we speak about it enough or not, I can tell you we don’t. But like the special anti-robbery squad (SAS) panel, I can tell you that we paid over N480 million to 120 people for all the infringements that were incurred by their personnel in that incident. 

Interview:  NHRC paid over N480 million to 120 people for rights infringements after the SARS investigative panel saga, – Hilary Ogbonna.