E/CN.4/2006/5/Add.2
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105. The Government should also take concrete steps to strengthen the education system
throughout Nigeria in order for children to receive teaching on religious tolerance.
106. The Government should reassess its position with regard to traditional religions as
well as other forms of religion or belief. Adherents of traditional religions should be given
a place in the mainstream policy and be represented in institutions and other forums that
deal with religious matters.
Sharia penal codes
107. With respect to the sharia penal codes adopted by states in the north, the Federal
Government has the obligation to respect the international human rights conventions to
which it is a party and therefore ensure, as a priority, that the laws of the nation, whether
local or federal, are in conformity with these conventions. In this regard, the Special
Rapporteur recommends that the Federal Republic of Nigeria carry out an assessment of
all the laws in force and analyse their compatibility with international human rights law.
108. In particular, the Special Rapporteur insists that the Government should ensure
within the context of freedom of religion and freedom of expression that Nigerians can
express themselves and dissent even within their religion without fear of any form of
retaliation or threat. This is especially important in a context where it is religion rather
than general laws that is governing human behaviour. In that context, the State must
ensure that there is a space for dissent.
109. In this respect, and taking into account the absence so far of any constitutional
challenge at the Federal Court level of sharia penal codes and their implementation, the
authorities of Nigeria should ensure that appropriate mechanisms are put in place so that
citizens who are willing to contest the constitutionality of these laws are neither attacked
nor threatened or intimidated.
110. The rights of members of religious minorities should be systematically monitored
and protected whenever regulations - whether or not adopted in the name of religion affect the enjoyment of their rights.
111. As a matter of urgency, the Special Rapporteur calls upon the Government to take
all necessary measures to put an end to the practice of Hisbah, including by declaring these
groups outside the law and investigating any particular act they have committed that may
amount to a human rights violation.
Religious tensions and communal violence
112. With respect to religious tensions and communal violence, the Special Rapporteur is
of the opinion that the obligation of the Government of Nigeria is first and foremost to
ensure that justice is done promptly and properly. This obligation should include a full
investigation of the violence that occurred, including the identification and prosecution of
alleged perpetrators, allowing victims to file proper claims for the damage they have
suffered, and recognizing their proper status as victims in trials as well as awarding them
appropriate compensation.