E/CN.4/2006/5/Add.2
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causes of religious tensions, she would encourage the civil society to provide the United Nations
and other human rights mechanisms with more factual information on cases and situations of
human rights violations.
8.
Lastly, she would like to thank the staff member of the United Nations Development
Programme (UNDP) in Abuja who assisted in organizing logistical and other practical aspects of
her visit. She regrets, however, that UNDP denied her the facilities to hold a press conference at
the end of her visit.
9.
During her visit and in the present report, the Special Rapporteur has concentrated her
analysis on the situation of freedom of religion or belief in Nigeria, including in the light of the
application of sharia penal codes adopted by several states in the north and of instances of
communal violence that have taken place in Nigeria over the last few years. Within the scope
of her mandate, the Special Rapporteur, in visiting Nigeria, addressed not only the right to
freedom of religion of religious communities, but also the right to freedom of religion or belief
of individuals within those communities, as well as situations where religion has been used or misused - for purposes that are inconsistent with human rights.
I. POLITICAL AND LEGAL BACKGROUND
Legal system and political structure
10.
The Federal Republic of Nigeria, which gained its independence from Great Britain
in 1960, adopted a new Constitution in 1999, marking the completion of the peaceful transition
to a civilian Government after nearly 16 years of military rule.
11.
The Federal Republic consists of 36 states, plus the Federal Capital Territory of Abuja.
The system of government is structured in three tiers: federal, state and local. The states enjoy a
high degree of autonomy. The three arms of the Federal Government are the executive, headed
by the President and Commander-in-Chief, a bicameral National Assembly and the judiciary.
Ministers are appointed by the President. There are 360 seats in the House of Representatives
and 109 seats in the Senate. The People’s Democratic Party (PDP) is the largest party, with
approximately 60 per cent of seats in both Houses. The main opposition party is the
All-Nigerian People’s Party (ANPP).
12.
The Nigerian legal system is based on three sources: common law, sharia and customary
law. The three systems operate in parallel to each other. The judicial branch includes the
Supreme Court and the Federal Court of Appeal. Subordinate courts are established by state
authorities.
13.
The National Human Rights Commission (NHRC) of Nigeria was established in 1995
and the Federal Government is developing a National Action Plan for the promotion and
protection of human rights in Nigeria through the NHRC.
International human rights obligations and mechanisms
14.
Nigeria is a State party to the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the International Convention
on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of