A/HRC/28/64/Add.2
remedies on their behalf, conducts studies on all matters pertaining to human rights,
organizes seminars, workshops and other related activities. Since 2010, the decisions made
by the Commission’s Governing Council have been deemed as decisions of the High Court.
The Commission has branch offices located in each of the six geopolitical zones.
19.
Nigeria is a State party to the core international human rights treaties of particular
importance to the rights of minorities, including 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 and
other key treaties. Nigeria is also a State party to the African Charter on Human and
Peoples’ Rights, the African Charter on Democracy, Elections and Governance and the
Charter for African Cultural Renaissance.
V. Identity, ethnicity and religion
A.
Indigenes/settlers dichotomy
20.
The Constitution contains a provision in its article 147, paragraph 3, relative to the
appointment by the President of “at least one Minister from each State, who shall be an
indigene of such State”. However, the Constitution does not provide a definition of
“indigene” or “settler” status. Those interviewed described a socially entrenched distinction
between those recognized as the original inhabitants of a State (indigenes) and those who
are not (settlers).
21.
The Special Rapporteur was informed that the distinction between indigenes and
settlers can be traced back to colonial times, when British rule promoted alliances with
certain ethnic groups, imposing differentiated treatment to groups and allowing the rise of
new dominant ones. Community and civil society representatives repeatedly highlighted the
relevance of the categorization of indigenes/settlers at the state and local levels in today’s
Nigeria, and its profound impact on people’s lives. It was pointed out that those regarded as
“indigenes citizens” are given preferential access to public resources, government jobs,
university education and scholarships and access to land, opportunities not provided to the
“settlers”.
22.
In order to confirm the status of “indigene person”, a “certificate of indigeneship”
issued by the local government is required. In the light of the absence of guidelines to
regulate the indigeneship status, local and state governments enjoy total discretion to grant
it or not. The Special Rapporteur was informed that long-term residency in a state, even if
for generations, is not considered a criterion that entitles a person or community to be
considered indigenes, and therefore long-term residents are often denied indigeneship
certificates.
23.
Supporters of the so-called “indigenes clause” maintain that this status is meant to
protect the rights of minority groups in States where indigenes are no longer a numerical
majority. In Kaduna and Plateau States, the Special Rapporteur met with some community
leaders who claimed that “indigeneship is defined by owning land, customs and traditions”,
that permitted the preservation of the linkage with their ancestors. She also met with critics
of the “indigenes clause”, who affirmed that this distinction had led to a privileged status
for some citizens and constituted a violation of the right to equality and non-discrimination
enshrined in the Constitution.
24.
Some civil society representatives advocated for the introduction of clearer
provisions in the Constitution to regulate the status of indigeneship, on the grounds that the
current constitutional provision is vague and subject to discretional interpretation. Several
8