WHAT is International Development Law Organization, IDLO?
IDLO is a Rome based
intergovernmental organization that promotes legal, regulatory and
institutional reform to advance economic and social development in transitional
and developing countries. It believes that legal reform occurs alongside
economic and social development, and is driven by societal demand. By involving
stakeholders at all levels of society, IDLO helps develop sustainable,
equitable solutions that reflect a society’s broad needs and desires.
What is the focus of this report?
The background of this report is an
appreciation of the nexus between citizenship, religion, integration and
ethno-religious based conflicts in Nigeria, a pluralistic society where ideals
of federalism and constitutionalism are still in transition. Conflicts arising
from ethno-religious tensions are not foreign to Nigeria, but the frequency and
the toll on human lives and property of recent conflicts make them more
challenging to address. Ideally, the spirit of federation and nationalism is
expected to override all ethnic, tribal or religious affiliations of Nigerians,
unfortunately, this is not the case as most ethno-religious conflicts were
based on ethnic or religious identity. In most cases and particularly in
Plateau State, it is between “indigenes” and “settlers”, even where the
face-off is sectarian. This publication synthesizes and analyzes through a rule
of law lens ethno-religious conflicts with particular reference to the
“indigene-settler” dispute in Jos and its surrounding villages as reported
through various judicial commissions of inquiry set up between 1994 and 2010. Our
hope is that our findings and recommendations will stimulate continued dialogue
and peace building, leading to harmonious co-existence in Nigeria.
What are the key findings of the report?
Since its independence in 1960,
Nigeria has struggled with the challenge of managing its religious and
political diversity. The major test of Nigeria’s ability to manage this
diversity and promote national integration has been ethno-religious crises and
their devastating effects in Plateau State, primarily in Jos, and Borno State,
primarily in Maiduguri. Although violence occurs throughout Nigeria, incidents
of identity-based violence in Plateau State, the second most ethnically diverse
after Adamawa, outnumber occurrences in other states. The state’s diverse
population is considered to have two identities: “indigenes” and “settlers” and
reflect two major religions, Christianity and Islam, respectively. Cyclical
sectarian conflicts often arise during elections and the Jos crises have
resulted in grave human rights violations, polarized local society, and
resulted in significant material losses.
Nigeria provides an example of the
contentious relationship between law and society. While a law may attempt to
prohibit discrimination, members of society often act contrary to the dictates
of the law. A person is a citizen of Nigeria either by birth, by registration
or by naturalization. Although the Nigerian constitution discourages
discrimination based on tribe, language, sex, religion or political leaning,
practices have developed that prejudice and polarize the citizenry based on
their putative “indigene” and “settler” status. The absence of residency rights
also continues to weaken Nigeria’s integration 51 years after its independence
and largely accounts for the conflict between “indigenes” and “settlers,”
particularly in Plateau State. For this reason, Nigeria may wish to consider
adopting actions designed to forestall discrimination in whatever form, promote
integration, and eradicate the distinction between “indigene” and “settler.”
IDLO also recommends consideration of new legal instruments and other measures
to address recurrent problems.
Should the ethnic diversity of
Nigeria be construed as a weakness?
Diversity, per se, is not the
problem. Its management, however, presents Nigeria with a formidable challenge.
A divisive interplay of politics, ethnicity and religion in Nigeria has led to
rising nationalism and militancy of various ethnic and religious movements.
Since the 1980s, religious extremism
has increased in Nigeria. Ethno-religious and cultural differences do not necessarily
mean that relationships between groups will always be problematic or end in
violence. With the deep religious divisions in the country, however,
legislation on its own is insufficient. A national dialogue to promote
cohesion, unity, tolerance, peace, and understanding would put into perspective
the core values of ethnic nationalities and how such values can be accommodated
in a federation without undermining the existence of the nation as a whole. It
is for this reason that IDLO has also assisted bring various parties together
in Abuja and Jos Plateau State to contribute to the beginning of a framework
for future dialogue. Given the links between ethnicity, religion, identity and
citizenship, conflicts related to each have become dominant factors weakening
and dividing the country. At least 62 identity-based conflicts have taken place
within the last decade, with 22 incidents recorded in 2004 alone.
To illustrate
the extent of the death toll from ethno-religious violence in the last 10
years, it may be pertinent to cite that thousands killed in northern Nigeria as
non-Muslims opposed to the introduction of Sharia law fight Muslims who demand
its implementation in the northern Kaduna State. (2000).
• At
least 915 people were killed in days of rioting as Christian-Muslim violence
flares after Friday prayers in Jos. Churches and mosques set on fire. (2001)
• At
least 215 people died in rioting in the northern city of Kaduna following a
newspaper article suggesting the Prophet Mohammad would probably have married
one of the Miss World beauty queens. Nigeria abandoned hosting the Miss World
Contest in Abuja. (2002)
• At
least 157 lives claimed after a week of rioting by Muslim and Christian mobs.
The violence began in northeastern city of Maiduguri, when a Muslim protest
against Danish cartoons of the Prophet Mohammad runs out of control. Revenge
attacks follow in the south. (2006)
• At
least 400 people killed in clashes between Muslim and Christian gangs triggered
by a disputed local government chairmanship election in the state capital, Jos.
(2008)
• Several
people and several houses, churches and mosques burned after clashes in Bauchi
City. Governor of the state imposes a night-time curfew. (2009)
• More
than 50 people killed and over 100 arrested after Boko Haram, an extremist
Islamist militant group, stages attacks in the northeastern city of Bauchi when
some of its members were arrested. Bauchi State governor imposes another night
curfew on the state capital. (2009)
• 400
bodies mostly women and children given a mass burial
after armed men killed and maimed Berom villages in Dogo Nahawa, Zot, Rasat and
Kutgot in Jos South Local Government Area of Plateau State in 2010.
What is the practical dichotomy between “indigenes” and
“settlers” struggle in some parts of Nigeria?
“Indigene-ship” status has unique
significance in Nigeria and offers additional privileges to citizenship. An
“indigene” has been defined as a “person who belongs, either through birth or
ancestry, to a particular community that is geographically determined,” and a
settler as “someone who leaves his original place of normal residence or
habitation to settle in a new location.”
The terms “indigene” and “settler,”
however, are not mentioned in the constitutional provisions on citizenship. Unfortunately,
these very terms have divided the people of Nigeria and constitute the bases
for discrimination in employment, admission into higher institutions, and
acquisition of property.
Although we used the terms
“indigene” and “settler” in this publication, the terms are inappropriate to
describe a Nigerian citizen residing within the Nigerian nation. Identity
conflicts have primarily been between “indigenes” and “settlers.” Although
“indigenes” may have different identities, these are often disregarded for
purposes of un
iting against a perceived common threat.
iting against a perceived common threat.
What tier of government established the Judicial Commissions
reviewed under this report?
Plateau State and Federal Government
respectively established separate Judicial Commissions of Inquiry. Plateau
State government’s Commissions were headed by Justice J. Aribiton Fiberesima
(1994), Justice Niki Tobi (2001) and Justice Bola Ajibola (2009). In turn, the
Plateau State issued white papers on the 1994 and 2001 Commissions. A Peace
Conference in 2004 also set up by the Plateau State government brought major
stakeholders in Plateau State to create a forum and bring together the people
of Plateau State along with other stakeholders to a roundtable discussion where
contending issues will be openly presented and debated.
The Conference like other Judicial
Commissions recommended steps to achieve sustainable peace in Plateau State.
The Federal government also constituted the Justice Suleiman Galadima
Commission of Inquiry (2001), Emmanuel Abisoye Presidential Panel (2009) and
Chief Solomon Lar Presidential Advisory Committee (2010). The Federal
government Commissions were convened to advise the federal government on
potential solutions to the continuing crises. This publication reviewed the
mandates, findings and recommendations of these Commissions on contentious
issues such as ownership of Jos, delineation of electoral wards, boundaries and
land use in Jos North Local Government Area.
What is the philosophy behind IDLO’s intervention in this
publication?
IDLO neither apportions blame nor
determines culpability of any group or individual for crimes or violence. Our
presentation of results is offered only as noted in a given commission report.
Our work also does not attempt to investigate de novo the remote and immediate
causes of the crises; the commissions, advisory panels, and committees have
already established the facts. Our focus is to highlight their major findings
and recommendations and synthesize them into a single document by identifying
policy or legal gaps. The objective of undertaking this study was to determine
whether or not ethno-religious conflicts that hinder national integration may
be the result of legal and structural deficiencies which fail to provide an
effective legal framework to accommodate diverse populations. Ultimately, IDLO
offers potential legal and practical solutions to manage and reduce
ethno-religious conflict in Nigeria. We build on the findings of commissions or
peace conferences and chart what may be a future course for citizenship, peace
building and integration in Plateau State that can also be extended to other
areas. Our examination of Nigeria’s constitutional and legal development
through existing literature is our contribution to efforts to encourage
peaceful co-existence in Plateau State. The consequences of persistent
ethno-religious conflict instability and insecurity run
counter to IDLO’s mandate to promote the rule of law through democratic
governance, social and economic development. Ultimately, we agree that “Nigeria
must strengthen its institutions, policies and practices to reduce or attenuate
the predominance of ethnicity in local, state and national politics.” Lasting
peace and stability in Nigeria can only be achieved when solutions are based on
the rule of law and respect for human rights of all Nigerians.