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Evaluating & Empowering the Oputa Panel By
Preamble That the Human Rights Violation Investigation Commission was ever allowed to commence sitting reflectively mirrors the strength of character of President Obasanjo’s government? "Nigeria is a much more complex and delicate country, than say Ghana. The interest groups are varied adept and powerful…a phone call sometimes, can’t resolve an issue…" said Mr. Ian Ferguson Canadian High Commissioner to Nigeria, while discoursing aspects of Nigeria, its foreign policy and peacekeeping initiative at the Pearson Peace Center in early May 2001.
His comments jolted my memory back to my opportune, brief but eventful conversation with Mr. Fernando Castanon (sic) on what we were made to understand was the "Nigerian Truth Commission". Mr. Castanon, a guest lecturer for the Mediation and Negotiation course at the Pearson Peace Center in March 2000 successfully facilitated the Guatemala Truth and Reconciliation commission and was part of a team of international experts who developed and built capacity, facilitating the "Human Rights Investigation Commission-"Oputa panel"
Mr. Castanon implied the Nigerian government was committed to establishing and facilitating a truth commission, but were challenged by non-availability of funds. I responded courteously knowing instinctively that the Nigerian government will make available funds for any project of interest especially to the rulership.
My take on the issue even as the commission evolved was, "the Nigerian Factor" would certainly render the commission ineffective, certain "elements" would subvert the authority of the commission and its instruments while some will question its moral and legal authority being an ad hoc response.
Issues In a sense though I’m feeling vilifiable, especially, retrospectively assessing the short-term effectiveness and gains of the commission. However there’s a nagging justifiable annoyance on my part with the manner certain elements in our society conduct themselves in response to hampering the commission in its daunting tasks, to reconcile Nigeria.
Their flagrant inexcusable disregard for constituted authority is a shame, an affront to state and citizenry. I’m thinking the federal government should further empower the Human Rights Violation Investigation commission to forestall future like reactions such as those by Generals Babangida, Buhari and co.
Perhaps social crusaders like Gani on their part should sue Gen. Buhari for Bartholomew Owoh's death by firing squad for disobeying constituted laws albeit decrees and engaging in drug trafficking in 1984. For ethically and morally, Gen. Babangida and Buhari’s refusal to submit, appearing before the truth commission demonstrates flagrant disregard for constituted authority.
Retrospectively, Gen. Buhari’s actions defeat the concept and morality of his W.A.I (War against Indiscipline) battle cry.
Commission Character A conflict response initiative, the Human Rights Violation Investigation commission is mandated to investigate human rights abuses since 1966, identify perpetrators, create avenues for victims to seek redress-not retribution and suggest preventative measures to avert future occurrences. The strategic mandate of the panel, "Reconciliation"
The panel, modeled after successful ameliorative truth commissions in Guatemala and South Africa, draws its strength from instruments such as, the Universal Declaration of Human, International Covenant on Civil and Political Rights (1966) and the Optional Protocol to the International Covenant on Civil and Political Rights (1976)
Suggestions As the Human Rights Violation Investigation Commission grapples with its task and mandate, attempting to evolve into a creditable conflict arbitrating mediating and resolution initiative with the opening of its sitting in Abuja. The government must realize that the Commission-Oputa panel represents its vanguard internal conflict resolution mechanism. With the seeming intra-ethnic and societal conflicts plaguing Nigeria the commission is the most viably effective strategy for Nigerians to "vent".
So, empowering, giving the commission an enforcement mechanism/instrument or capacity is a seemingly wise option in view of current affront limiting its effectiveness.
The need also arises for an evaluative process to determining the general effectiveness of the panel’s proceedings by comparing facts and realities through exploratory and confirmatory interpretation of events, rulings and happenings at the commission’s sittings.
Evaluation as a strategy in facilitating the panel’s work will determine the commissions effectiveness, resolve and thoroughness vis-à-vis its mandate and strategic objective.
Other benefits of the evaluation while determining the viability and effectiveness of the panel, will be guiding government in determining its future alternative policy response options in resolving Nigeria’s numerous conflicts. Taking into fact that continuous societal upheaval’s suggests large conflict potentials and possibilities necessitating an effective management mechanism.
Finally, for a meaningful evaluation it’s important that government not sanitize the evaluation outcome.
Importantly, the truth in any evaluation outcome presented be allowed to see the light even if it’s critical to the commissions modus operandi, government officials or government policy initiatives. "….If that will be the case, it is left for the people of Nigeria to fight for their right to live together in harmony, by making the government to respond to their yearnings and release the recommendations of the Oputa panel." Said Mathew Kukah
With plaudits wearing thin, Fred Ohwahwa "The problem with the Oputa Panel" makes a good read, regarding the augustness of the panel, scrutiny will now shift to the panel’s effectiveness and necessity especially by many unsatisfied aggrieved.
For Nigeria’s grand and revered "Generals, Caesers' in their perception. Greater and mightier than their country’s constituted authority. Look to a day of reckoning.
Chile’s Augusto Pinochet was the precedent. Hissein Habre is facing the music and as I write today celebrating the supremacy of international law over tyranny-Milosevic’s arrest and detention in The Hague. Nigerian Generals shouldn’t sleep with both eyes closed. I’m only wishing perhaps ordinary Nigerians were better informed. How many know of Article II of the Optional Protocol to the International Covenant on Civil and Political Rights which states, "…individuals … have exhausted all available domestic remedies may submit a written communication to the United Nations committee" for further hearing and possible redress?
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