A CRITIQUE OF US’ 2012 INTERNATIONAL RELIGIOUS FREEDOM REPORT ON NIGERIA

Executive Summary 

1) “The constitution and other laws and policies protect religious freedom and, in practice, the government generally respected religious freedom.”

 

The government of Nigeria has discriminated against Christians by building “Muslims only” schools that neither taught non-Muslim children nor hired non-Muslim teachers despite being federally funded.  

 

2) “An atmosphere of impunity existed, as authorities rarely investigated, prosecuted, and punished those responsible for violent attacks and sometimes responded to violence with heavy-handed tactics. 

 

There were several successful convictions of Boko Haram terrorists and other perpetrators of religious violence in Niger, Plateau and Kaduna states. There have been on-going prosecutions of perpetrators of violence since 2010 and more of them than at pre-2010 levels. The Attorney General of Plateau State has reported that his office has sought to prosecute 170 cases involved in religiously motivated violence, which include multiple individual defendants and both Christian and Muslim defendants. These case files involve hundreds of defendants as there are several defendants per each of the 170 case files. The Attorney General of Kaduna state similarly confirmed prosecutions in his state as well.

 

3) “Visiting U.S. delegations, including the ambassador at large for international religious freedom, raised these issues with state and federal government officials.”

 

Ambassador did not meet with religious leaders, civil society or FBOs. 

 

Section I. Religious Demography 

4) “The Hausa-Fulani and Kanuri ethnic groups dominate the predominantly Muslim northern states. Significant numbers of Christians also reside in the north, and Christians and Muslims reside in about equal numbers in the Middle Belt, the Federal Capital Territory, and the southwestern states, where the Yoruba ethnic group predominates. “

 

Christians are indigenous to and not just residents of ALL northern states. It is inaccurate to imply otherwise. DOS has consistently referred to Nigeria as a Muslim nation and this feeds this erroneous characterization. 

 

Section II. Status of Government Respect for Religious Freedom 

Legal/Policy Framework 

5) The constitution provides for state courts based on the common law or customary law systems. Twelve northern states maintain Sharia courts for criminal matters. The constitution specifically recognizes Sharia courts for civil but not criminal matters. Non-Muslims have the option to try their civil cases in the Sharia courts if involved in disputes with Muslims. Common law courts hear the cases of non-Muslims who do not agree to the use of Sharia courts.

 

”Sharia courts cannot compel participation by non-Muslims, but some non-Muslims took cases to Sharia courts, citing their speed and low cost.” 

 

This is a recurring statement from past years’ reports. It is not known to be true nor is it known to have occurred in the year under review. For this to be true, one must be willing to believe that a Christian would file a case in a court whose rules characterize the value of his testimony as less than his Muslim opponent. It would also mean that they tried their cases in courts without jurisdiction therefore rendering their judgments potentially a nullity.

 

“Decisions by the Sharia court of appeal (the highest level of the Sharia courts) theoretically can undergo appeal to the Federal Court of Appeal and then to the Supreme Court, although none has done so.”

 

The IRF report more accurately describes the Sharia appeals process compared to the Human Rights report, which falsely claims that full-fledged Sharia appeal courts are mandated by the constitution and Nigeria has failed to establish them.

 

6) “The states of Bauchi, Borno, Kaduna, Kano, and Yobe also maintain state-level religious affairs ministries or bureaus, while many other state governors have appointed special advisors on religious affairs.”

 

Christians complain that these ministries are exclusively Muslim and therefore amount to adoption of a state religion. The ministries in some states operate a religious police that enforces Sharia law against members of the public.

 

Government Practices 

7) “There were no reports of abuses of religious freedom by the federal government.”

 

Preferential treatment was given by the establishment of Islamic madrasas with federal funds. Non-Muslim teachers and students are excluded from these institutions and are denied equal access to similar institutions.

 

8) “There were no verified reports that Sharia courts illegally heard criminal cases during the year, although they have done so in the past.”

 

There were cases. This year, during the week of October 15th through October 22nd Kano State’s Hisbah, the Sharia police force, arrested upwards of 150 people on immorality charges in the capitol city. Kano state follows a strict interpretation of Sharia law and imposes such laws on all residents of the state regardless of religion. In 2012, two youths were sentenced to the amputation of their right hands by the Sharia Courts in Zamfara for stealing a bull.

 

9) “On August 13, police in Plateau State banned Muslims from using certain open-air prayer grounds during the Islamic holiday of Eid al-Fitr, citing concern for the safety of the worshippers, given the deaths of ten Muslims at a prayer ground in 2011. This year the Plateau State government recommended an alternate prayer ground, and no large-scale violence occurred.”

 

It is important to note that this case was an act of the Federal Police and not Plateau state government. Muslims and Christians were killed in the 2011 incident. It is misleading to state that they were recommended to use an alternate prayer ground. The sect had been using another prayer ground for over a decade and only went to this one that year to provoke an incident.

 

10) “Opponents described the law as discriminatory, because it did not impose licensing requirements on Christian groups, and asserted that it inhibited the freedom of Muslim imams to preach openly against the government.”

 

Katsina state historically does not give land title to churches so the licensing of churches does not accrue any benefit to the churches. Katsina state in 2013 awarded contracts for the building of mosques in each Local Government area of the state. However it still has not offered compensation for all the churches burnt in all the LGs in 2011. No mosques were burnt in that incident. In addition, Katsina state had the 3rdhighest number of churches destroyed in 2011 so there is a legitimate recognition that Christians are not a security risk to the state. Kaduna state had the highest number of churches destroyed, Bauchi state  the 2nd highest with Katsina as a close 3rd. 

 

Government Inaction 

11) “No indictments or prosecutions followed August 2011 communal violence in Jos in which 100 people died.”

 

In one breath it said 10 and here the number given is 100. Our research shows 40 people were killed and 86 were injured. 

 

Abuses by Rebel or Foreign Forces or Terrorist Organizations 

12) “Boko Haram claimed responsibility for many of the 15 church attacks that killed more than 150 people, including scores of Christians, during worship services.”

 

USCIRF initially reported 25 church attacks but has since revised its figures upwards, while our data shows that there were at least 47 attacks throughout the year with a death toll of 327. That also shows that this year is well on track to surpass this number, as there have already been upwards of 53 attacks on churches so far this year.

 

13) “Some civil society groups, media outlets, and politicians maintained that Boko Haram killed more Muslims than Christians because its primary bases of operation were in the predominately Muslim north and it frequently targeted banks and security forces or other government installations. “

 

Government installations and banks are a mix of Muslims and Christians so this statement is misleading. Since security personnel are posted outside their homes, it therefore follows that those in the north are largely southern Christians. Banks are, as well, largely staffed by southerners since they are headquartered in Lagos. Therefore, this statement is false and it is not supported by data. 

 

Section III. Status of Societal Respect for Religious Freedom 

14) “In some northern states, those wishing to convert to Islam applied to the Sharia council for a letter of conversion to be sent to their families, which served to dissolve marriages to Christians, and to request Hisbah protection from reprisals by relatives. Similar procedures did not exist for those converting to Christianity.“

 

There is no Christian Council to get a letter from because there is no protection for Muslims converts to Christianity. They have to flee into hiding for their lives.

 

15) “In June an estimated 50 people died in reprisal attacks after a series of church bombings in Kaduna, and several prominent Christian leaders made inflammatory statements. “

 

The casualties of Christians killed were not stated. Prominent Christian leaders are not to blame for their congregations being victimized. What inflammatory statements were made? Following the reprisal attacks the Christian Association of Nigeria (CAN) and the Christian Awareness Initiative of Nigeria (CAIN) released statements as a follow up to Aminu Tambuwal’s (the Speaker of the House of Representatives) statement regarding the reprisal attacks. CAN and CAIN’s comments only served to draw attention to the Christianvictims of the terror bombings, whose plight had been ignored.

 

16) “There were credible reports that some Christian and Southern indigenes temporarily moved away from the northeastern states of Borno and Yobe early in the year. “

 

How did the reports determine that it was a temporary move? There have massive relocations and IDPs in Nassaraw, Plateau, Kaduna and Abuja for northern Christians and while Southerners have returned south – permanently. Those who returned to pick their belongings were killed.

 

17) “While the law prohibits religious discrimination in employment and other activities, some businesses continued to discriminate based on religion or ethnicity in hiring. “

 

Discrimination against religious minority communities is endemic in at least 16 of the 19 northern states (3 Christian majority or co-equal states did not report State Level persecution) encompassing more than just political disenfranchisement. Religious minorities are denied equal rights, most state jobs and promotions. The level of discrimination is such that many Muslim managers refuse to hire a non-Muslim outright and Christians in government employ are generally suppressed and denied promotions

 

18) “Several Christian and Muslim religious leaders expressed growing frustration with and distrust of NIREC leadership. “

 

The US is undermining religious leaders by spreading such rumors and mean-spirited statements.

 

Section IV. U.S. Government Policy 

19) “Each of these officials met with civil society groups and religious leaders to listen to and show public support for their concerns. “

 

The Ambassador at large did not meet with any Nigerian religious leader, or particularly Christian leaders during her entire tenure even though Nigeria had the worst cases of Christian persecution in the world. 

 

20) “The ambassador presented the first annual Ambassador’s Humanitarian Award to the chief imam of an Abuja mosque on September 26. A grant for promoting peaceful coexistence and tolerance in the community accompanied the award.”

 

This Imam refused to allow USCIRF officials into his mosque but yet he got an award. What was the criteria for this award given his extremist attitude? DOS has also sponsored Nigerian Imams Auschwitz. Who was this and what was the criterion and objective?

 

21) “In July the deputy chief of mission encouraged increased cooperation among all ethnic and religious groups in Nigeria in a speech in Abuja. Consulate general Lagos hosted an interfaith iftar to promote religious pluralism in early August.” 

 

Yet again there is no mention of engagement with Christians on their religious holidays. 

 

22) “Guest speakers focused on the fundamentally tolerant and peaceful nature of Islam and openly denounced religious violence. Over 40 embassy volunteers served meals to needy youth and Muslims breaking their fast at an iftar. The principal officer met with leaders of the growing Pentecostal Christian movement in early September.“

 

Which Pentecostal Christian leaders were a part of this?Was it the recognized leadership or the embassy’s favorites?

 

23) “In October the embassy launched a program in partnership with the Interfaith Mediation Center in Kaduna State to help interfaith organizations deepen and strengthen community engagement capacities and support interfaith dialogue.“

 

Interfaith dialogue is not a panacea for murderous terrorists. It’s a placebo. If Boko Haram is really just killing Christians and Muslims, how does interfaith dialogue between Muslims and Christians address that problem? Shouldn’t the response rather be a de-radicalization effort within Islamist extremists?

 

24) “The U.S. embassy and consulate general Lagos regularly distributed information on religious freedom to journalists, academics, entrepreneurs, civic organizations, teachers, students, government officials, the armed forces, clergy, and traditional rulers through information resource centers and American Corners.”

 

Information is being disseminated but there is no humanitarian assistance being offered to help ameliorate the situation. Given the misreporting, the quality of the information is doubtful.