A/HRC/28/64/Add.2
IV. Non-discrimination and equality: legal and institutional
framework
13.
Statistical analysis is of paramount importance for an accurate identification of the
ethnic, religious and linguistic make-up of a country as diverse as Nigeria. Data collection
plays a vital role in revealing inequalities between groups in society and informs
appropriate actions to address them. The Special Rapporteur notes that Nigeria does not
collect or analyse data disaggregated by ethnicity, religion or language. Some civil society
organizations as well as the National Human Rights Commission stated their concern over
the lack of disaggregated statistical data and the outdated census information, given that the
census was last conducted in 2006. Other voices, however, were reticent about the
collection of disaggregated data, stating fears that sensitive data could be manipulated for
political ends.
14.
The 1999 Constitution of Nigeria is the supreme law and enshrines the principle of
equality and non-discrimination under its article 42, paragraph 1, which contains general
non-discrimination provisions on the grounds of belonging to “a particular community,
ethnic group, place of origin, sex, religion or political opinion”.
15.
The Constitution establishes in its article 14, paragraph 3, the so-called “federal
character principle”, which aims to ensure that public appointments reflect an equal
representation of all groups at the federal Government level by affirming that “the
composition of the Government of the Federation or any of its agencies and the conduct of
its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria
and the need to promote national unity, and also to command national loyalty thereby
ensuring that there shall be no predominance of persons from a few states or from a few
ethnic or other sectional groups in that Government or in any of its agencies”. Article 14,
paragraph 4, further guarantees the participation of the different groups at the state and
local levels, by affirming that “the composition of the government of a state, a local
government council, or any of the agencies of such government or council, and the conduct
of the affairs of the government or council or such agencies, shall be carried out in such
manner as to recognize the diversity of the people within its area of authority and the need
to promote a sense of belonging and loyalty among all peoples of the Federation”.
16.
Despite these provisions, several interviewees stated that the federal character
principle was not applied in practice, because it only reflected the political representation of
states at the federal level without applying other criteria, such as ethnic affiliation, in order
to guarantee that all groups are adequately represented at the different government levels
(local, state and federal).
17.
The Federal Character Commission is a constitutionally sanctioned independent
body made up of 37 commissioners representing the 36 states and the Federal Capital
Territory. It was established by Decree No. 34 of 1996, with the mandate to give effect to
the federal character principle, and is entrusted with “the responsibility to promote, monitor
and enforce compliance with the principles of the proportional sharing of all bureaucratic,
economic, media and political posts at all level of government”. The Commission’s main
functions include monitoring compliance with the Commission’s guidelines of the
recruitment procedures by the Government, investigation of complaints, enforcement
measures in case of failure to comply with the Commission’s guidelines and data analysis.
18.
The National Human Rights Commission was created by a 1995 act that was
subsequently amended in 2010 to provide it with additional powers. As an independent
human rights monitoring body, it investigates alleged cases of human rights violations and
makes recommendations to the Federal Government, receives and investigates complaints
concerning human rights violations, assists victims and seeks appropriate redress and
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