Nigeria: Peace Building Through Integration and Citizenship
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Nigeria: Peace Building Through Integration and Citizenship Edited by Uchenna Emelonye Series Editor Robert M. Buergenthal Nigeria: Peace Building Through Integration and Citizenship Edited by Uchenna Emelonye Series Editor Robert M. Buergenthal NIGERIA: PEACE BUILDING THROUGH INTEGRATION AND CITIZENSHIP Copyright © International Development Law Organization 2011 International Development Law Organization (IDLO) IDLO is an intergovernmental organization that promotes legal, regulatory and institutional reform to advance economic and social development in transitional and developing countries. Founded in 1983 and one of the leaders in rule of law assistance, IDLO's comprehensive approach achieves enduring results by mobilizing stakeholders at all levels of society to drive institutional change. Because IDLO wields no political agenda and has deep expertise in different legal systems and emerging global issues, people and interest groups of diverse backgrounds trust IDLO. It has direct access to government leaders, institutions and multilateral organizations in developing countries, including lawyers, jurists, policymakers, advocates, academics and civil society representatives. Among its activities, IDLO conducts timely, focused and comprehensive research in areas related to sustainable development in the legal, regulatory, and justice sectors. Through such research, IDLO seeks to contribute to existing practice and scholarship on priority legal issues, and to serve as a conduit for the global exchange of ideas, best practices and lessons learned. IDLO produces a variety of professional legal tools covering interdisciplinary thematic and regional issues; these include book series, country studies, research reports, policy papers, training handbooks, glossaries and benchbooks. Research for these publications is conducted independently with the support of its country offices and in cooperation with international and national partner organizations. The findings and conclusions contained in this publication are those of the authors and do not necessarily reflect positions or policies of the Dutch Programme Fund on Rule of Law. Disclaimer IDLO is an inter-governmental organization and its publications are intended to expand legal knowledge, disseminate diverse viewpoints and spark discussion on issues related to law and development. The views expressed in this publication are the views of the authors and do not necessarily reflect the views or policies of IDLO or its Member States. IDLO does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of its use. IDLO welcomes any feedback or comments regarding the information contained in the publication. All rights reserved. This material is copyrighted but may be reproduced by any method without fee for any educational purposes, provided that the source is acknowledged. Formal permission is required for all such uses. For copying in other circumstances or for reproduction in other publications, prior written permission must be granted from the copyright owner and a fee may be charged. Requests for commercial reproduction should be directed to the International Development Law Organization. Published by: International Development Law Organization Viale Vaticano, 106 00165 Rome, Italy Tel: +39 06 4040 3200 Fax: +39 06 4040 3232 www.idlo.int [email protected] Printed by: Quitily Grafica srl Viale Enrico Ortolani 155 00125 Rome, Italy Graphic Design: grafica internazionale Via Rubicone 18 00198 Rome, Italy December 2011 Cover photo: © Prince Charles Dickson Note on the cover: The Riyom Rock is popularly known as ‘3’ stones. It is an unquestionable art of nature depicting beauty in diversity. ISBN 978-88-96155-07-3 Acknowledgments There exists a legal nexus between citizenship, religion, integration and ethno- religious based conflict in Nigeria – a pluralistic society where ideals of federalism and constitutionalism are still in transition. Conflict arising from ethno-religious tensions is not foreign to Nigeria, but the frequency and the toll on human lives and properties of recent conflicts make them more challenging to address. In Nigeria, the spirit of federation and nationalism is expected to override all ethnic, tribal or religious affiliations. Unfortunately, this is not the case as most ethno-religious conflicts are based on ethnic or religious identity. In most cases, it is between “indigenes” and “settlers,” even where the face-off is sectarian. This work focuses on Plateau State by synthesizing and analyzing various reports of judicial commissions that investigated conflicts in Plateau State between 1994 and 2010. Our hope is that our findings and recommendations will stimulate continued dialogue and peace building. We express IDLO’s gratitude to the Director-General of the Institute for Peace and Conflict Resolution, Abuja, Dr. Joseph Golwa; Director of Training, The Institute for Multi-Track Diplomacy, Dr. Eileen R. Borris; the Executive Director of Policy and Legal Advocacy Center, Clement Nwankwo, and for their assistance articulating and designing this project and to the League for Human Rights for supporting its implementation. In addition, IDLO’s appreciation is extended to Joseph Rio for his editorial assistance and to our contributors whose willingness to share their experiences and insights have made this compilation a resounding success and a hallmark of collaboration. I would also like to offer our thanks to IDLO staff who have worked with determination and passion on this project over the past year, including Robert Buergenthal (Director, Programs Management Department), Uchenna Emelonye (Manager, Institutional and Justice Programs), Satu Sulkunen (Senior Program Coordinator) and Francesca Pispisa (Comunications Officer). Jeffrey S. Waldron Acting Director-General International Development Law Organization 5 Preface from the Director, Programs Management Department Since its independence in 1960, Nigeria has struggled with the challenge of managing its religious and political diversity. The major test of Nigeria’s ability to manage this diversity, and promote national integration, has been ethno-religious crises and their devastating effects in Plateau State, primarily in Jos, and Borno State, primarily in Maiduguri. Although violence occurs throughout Nigeria, incidents of identity-based violence in Plateau State – the second most ethnically diverse after Adamawa State – outnumber occurrences in other states. The state’s diverse population is considered to have two identities: “indigenes” and “settlers” and reflect two major religions, Christianity and Islam, respectively. Cyclical sectarian conflicts often arise during elections and the Jos crises have resulted in grave human rights violations, polarized local society and significant material losses. This study on identity-based violence in Nigeria, generously supported through the Dutch Program Fund on the Rule of Law, offers a critical analysis through a rule-of-law lens. Diversity, per se, is not the problem. Its management, however, presents Nigeria with a formidable challenge. A divisive interplay of politics, ethnicity and religion in Nigeria has led to rising nationalism and militancy of various ethnic and religious movements. Since the 1980s, religious extremism and riots have increased in Nigeria. Given the links between ethnicity, religion, identity and citizenship, conflicts related to each have become dominant factors weakening and dividing the country. At least 62 identity-based conflicts have taken place within the last decade, with 22 incidents recorded in 2004 alone (Bagudu, 2004). To illustrate the extent of the death toll from ethno-religious violence in the last 10 years, we cite: – Thousands killed in northern Nigeria as non-Muslims opposed to the introduction of Sharia law fight Muslims who demand its implementation in the northern Kaduna State. (2000) – At least 915 people are killed in days of rioting as Christian-Muslim violence flares after Friday prayers in Jos. Churches and mosques set on fire. (2001) – At least 215 people died in rioting in the northern city of Kaduna following a newspaper article suggesting the Prophet Mohammed would probably have 7 married one of the Miss World beauty queens. Nigeria abandoned hosting the Miss World Contest in Abuja. (2002) – At least 157 lives claimed after a week of rioting by Muslim and Christian mobs. The violence begins in the northeastern city of Maiduguri, when Muslims protest against Danish cartoons of the Prophet Mohammed. Revenge attacks follow in the south. (2006) – At least 400 people killed in clashes between Muslim and Christian gangs triggered by a disputed local government chairmanship election in Jos. (2008) – Several people and several houses, churches and mosques burned after clashes in Bauchi City. Governor of the state imposes a night-time curfew. (2009) – More than 50 people killed and over 100 arrested after Boko Haram, an extremist Islamist militant group, stages attacks in the northeastern city of Bauchi when some of its members were arrested. Bauchi State governor imposes another night curfew on the state capital. (2009) – 400 bodies, (mostly women and children) given a mass burial after armed men killed and maimed Berom villagers in Dogo Nahawa, Zot, Rasat and Kutgot in Jos South Local Government Council. (2010) “Indigeneship” status has unique significance in Nigeria and offers additional privileges to citizenship. An “indigene” has been defined as a “person