Crisis in Nigeria: A Case for RtoP’s Second Pillar

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Protesters take to the streets of Abuja to demand the release of the abducted girls. AFP/Getty Images.

In recent days, there has been unprecedented international attention on the Boko Haram threat in Nigeria. Largely spurred by the appalling kidnapping of 276 schoolgirls from Chibok and the ensuing social media campaign #BringBackOurGirls, popular pressure has forced western governments to take notice and answer the Nigerian government’s request for assistance in their efforts to combat Boko Haram and rescue the kidnapped girls.

Such action is consistent with pillar II of the responsibility to protect (RtoP), which calls on the international community to provide assistance and capacity-building to states that are under stress and unable to protect their civilian population from mass atrocity crimes. Nigeria is a strong case for RtoP’s second pillar, as numerous sources have warned the despicable acts occurring in the country can amount to war crimes and crimes against humanity.

In a United Nations Security Council (UNSC)press statement, the Council condemned the Boko Haram attacks and stressed that “all perpetrators of such acts must be held accountable at national or international levels, and that some of those acts may amount to crimes against humanity under international law.”

Amnesty International echoed these concerns, based on interviews with residents, lawyers, human rights campaigners, and hospital staff, as well as satellite imagery. Netsanet Belay, Research and Advocacy Director for Africa stated that:

The escalation of violence in north-eastern Nigeria in 2014 has developed into a situation of non-international armed conflict in which all parties are violating international humanitarian law.  We urge the international community to ensure prompt, independent investigations into acts that may constitute war crimes and crimes against humanity.”

 

International Action

The 2009 Secretary-General’s Report “Implementing the Responsibility to Protect” suggests that pillar II assistance can take any of the following forms: (a) encouraging States to meet their responsibilities under pillar one; (b) helping them to exercise this responsibility;  (c) helping them to build their capacity to protect ; and (d) assisting states “under stress before crises and conflicts break out.” The report lays out a variety of tools for delivery that range from education and training, diplomacy, and development assistance, to military support and consent-based peacekeeping.

The type of assistance that has been forthcoming so far is mostly in line with the military option. This includes intelligence, surveillance, and technical support for hostage negotiations and counter-terrorism efforts offered by the UK, US, France, and China. On April 17, France hosted a security summit gathering regional African heads of state from Nigeria, Chad, Benin, Cameroon and Niger. Here, regional cooperation and information and intelligence sharing were emphasized as crucial mechanisms in the fight against Boko Haram.

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The Paris Summit for Security in Nigeria. Thierry Chesnot/Getty Images.

While these developments are welcomed, it would be wise to heed warnings about the limitations of such action. This type of technical military assistance – while a good short-term measure for rescuing the kidnapped girls – does not address the structural weaknesses of the Nigerian state, or the dubious human rights record of their security forces.

 

The Limitations of Military Assistance in Nigeria

Sarah Margon of Human Rights Watch offered a searing indictment of the government’s military response that reveals a stark conundrum:

The tactics of the government security forces are barely more palatable than those of the militants themselves. Nigerian security forces are known for raiding local communities, executing men in front of their families, arbitrarily arresting and beating people, burning residential property and stealing money while searching homes.

Meanwhile, in writing for UN Dispatch, Mark Leone Goldberg stressed the multi-dimensional nature of the crisis:

“#StrengthenInstitutionsofGovernance doesn’t quite roll off the tongue as #BringBackOurGirls but the fact is, the inability to deliver healthcare, security, education, and other basic services fuels the instability that gives rise to militant groups like Boko Haram

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A Nigerian soldier patrolling the streets of Baga in Borno State, April 30, 2013. Pius Utomi Ekpei AFP/Getty Images.

This demonstrates the complex challenge that faces efforts to assist the Nigerian state in combating Boko Haram and bringing stability to the country. In this sense, what is required is what is referred to in the 2009 Secretary-General’s report as “conflict-sensitive” development analysis to alleviate, and not exacerbate, conditions that may lead to mass atrocity crimes. Approaching the crisis through this lens reveals a need for what the Secretary-General describes as “…assistance programmes that are carefully targeted to build specific capacities within societies that would make them less likely to travel the path to crimes relating to the responsibility to protect.

In the case of Nigeria, provision of technical military assistance without sufficient attention to the egregious conduct of the state security forces, or underlying societal issues that  create the breeding ground for radicalism, risks becoming a mere “band-aid” solution. Worse, it may intensify conditions leading to mass human rights violations.

 

Conflict-Sensitive Pillar II Assistance: Recommendations from Civil Society

For truly effective pillar II assistance that will strengthen the Nigerian state’s ability to uphold its RtoP while simultaneously addressing root causes, several ICRtoP members and civil society groups have provided useful recommendations.

In the article mentioned above, Coalition member HRW recommends that in assisting the Nigerian government, the United States should follow their own federal due diligence laws to ensure that no military personnel accused of human rights violations are involved in operational planning or initiatives, while encouraging the Nigerian government to conduct impartial investigations of any personnel that have been involved in such crimes. According to Magnon, “To do any less might make the situation worse — and make the U.S. complicit in Nigeria’s abuses.” The same can be said for other states offering assistance.

International Crisis Group has called on Nigeria’s international partners to support domestic initiatives such as a Far North Development Commission, anti-corruption campaigns, small business investment and other programs that address poverty, youth unemployment and women’s lack of empowerment. Doing so will “switch from a mainly military approach to the challenge from Boko Haram, and radicalism in general, to one more attuned to root causes.” This is essential, as it has been noted that corruption and underdevelopment motivate Boko Haram’s youth recruits more than an extreme Islamist agenda.

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A UNDP-supported Nigerian school. Bridget Ejegwa/UNDP

From a regional standpoint, African civil society group African Women’s Development and Communication’s Network called on regional organizations such as the African Union and ECOWAS to provide “…substantive support to the Nigerian Government to address the underlying systemic issues, including the climate of violence and insecurity in which groups like Boko Haram thrive,” highlighting the importance of ensuring safe spaces for education and justice for crimes committed in accordance with the African Charter on Human and Peoples’ Rights.

A local Nigerian organization, The Network on Police Reform in Nigeria also stressed a multi-disciplinary approach to combating Boko Haram, while making specific recommendations to “engage the communities with a view to restoring/building public confidence and cooperation with the police/security forces,” emphasizing the crucial role of civil society in cultivating positive relationships.

Such recommendations are representative of a range of options that are more long-term and deep-rooted than military assistance alone.  They satisfy the different forms of second pillar assistance identified in the 2009 Secretary-General’s report, with a focus on such interconnected  issues  as socio-economic development, improving access to justice and the rule of law, and reform of the security sector. The latter was recently reaffirmed as a critical tool for conflict prevention in a UNSC resolution and linked directly to the state’s ability to uphold RtoP by Ban Ki-moon. This is particularly relevant in the Nigerian context, and in delivering appropriate second pillar assistance, context is everything.

For a detailed overview of the conflict in Nigeria within the context of the Responsibility to Protect, visit our recently updated crisis page.

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Filed under African Union, Human Rights, RtoP, Second Pillar

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