E/CN.4/2006/5/Add.2
page 17
79.
Finally, it is arguable that, Christians not being subject to sharia, their right to profess
their religion is not at risk under sharia penal codes. However, the Zamfara State penal code
provides in its section 406 (d) that “[w]hoever presides at or is present at or takes part in the
worship or invocation of any juju which has been declared unlawful under the provisions of
Section 405 will be punished with death”. Section 405 defines the terms “unlawful juju” as the
worship or invocation of any subject or being other than Allah. While only applicable to
Muslims, this provision, which appears to be in clear contravention of the right to freedom of
religion, may affect those who believe in traditional religions. It also disseminates a message of
religious intolerance.
VI. COMMUNAL VIOLENCE
Analysis
80.
Over the last few years, a number of violent riots and other attacks have occurred in
several locations in Nigeria and caused the deaths of several thousand people, probably
constituting one of the most serious human rights concern in the country. The Special
Rapporteur will not provide a detailed description of these tragic events in the present report
because she does not have the capacity to investigate the circumstances of large-scale events of
this sort, and because a number of very detailed and well-documented reports have been written
out by non-governmental organizations. Rather, she would like to focus her attention on the
religious aspects of the killings and emphasize that religious violence is also an element of the
overall situation of freedom of religion or belief in Nigeria as described elsewhere in the report.
81.
The following instances of violence between Muslims and Christians in Nigeria are
particularly relevant to her mandate:
−
Between 21 and 25 February 2000 and between 22 and 23 May of the same year, at
least 2,000 people were killed in Kaduna (and in the south of Nigeria as retaliation)
as a result of the adoption of a sharia penal code by Kaduna State;18
−
Between 7 and 13 September 2001, in Jos and surrounding areas of Plateau State,
more than 1,000 people were killed after a Christian woman tried to walk through a
praying Muslim congregation outside a Mosque;
−
Between 21 and 23 November 2002, in Kaduna, 250 people were killed after a press
article mentioned that the Prophet Muhammad would have approved the holding of
the Miss World contest in Nigeria;19
−
On 24 February and on 2 and 11 May 2004, at least 1,000 people were killed in
a cycle of retaliatory violence in the town of Yelwa, Plateau State and Kano,
Kano State.20
82.
Most interlocutors at governmental level as well as from the civil society stated that those
events were the result not only of religious intolerance but also, if not mainly, of political,
economic and ethnic factors. In Jos, for example, the riots were explained as a conflict between
the indigenous people and settlers and their respective rights, particularly in terms of land
acquisition and property.