Institutionalising Legal Framework Towards the Protection of Civilians in Armed Conflict

Chiemelie Ezeobi reports that the Civil Society Legislative Advocacy Centre recently organised the third edition of legislative retreat on the institutionalisation of a legal framework towards protection of civilians and civilian harm mitigation in armed conflict

In most conflicts, civilian harm can come in form of death, injury, property loss (homes, businesses, livestock), civilian infrastructure damage (schools, hospitals, water treatment facilities), loss of livelihood and psychological trauma. These happens when civilians are caught in between crossfire, when they live in proximity to military targets, use of force at checkpoints and during raids, use of indirect fire in populated areas, use of inappropriate weapon systems, targeting errors or mistaken identity on the basis of faulty intelligence and lack of preparation for civilian presence on the battlefield.

This is why Protection of Civilians (PoC) is important. Essentially, Protection for the civilian population is a basic element of humanitarian law that states that all civilians and all those not taking part in the fighting must on no account be attacked and must be spared and protected. In fact, the 1949 Geneva Conventions and their 1977 Additional Protocols contain specific rules to protect civilians.

Although the concept of PoC has been progressively introduced to a wider audience, however, within the framework of conflict operations, the full implementation of this principle is hindered by a number of shortcomings, such as the limited understanding of roles and responsibilities, and the lack of clear methods and guidelines.

Thus, to underscore the urgency in institutionalising a legal framework for PoC, the Civil Society Legislative Advocacy Centre (CISLAC) with the support from Open Society Initiative for West Africa (OSIWA), recently held a one-day legislative retreat on institutionalising a legal framework towards protection of civilians and civilian harm mitigation in armed conflict.

The event which held in Lagos provided members from the House of Representative in the security committee the opportunity to discuss the bill titled “Protection of Civilians Bill 2020”. In its explanatory memorandum, the bill seeks to regulate the conduct of security operations, protect the civilians and mitigate harms to the civilian population during armed conflicts in Nigeria.

At the retreat were House of Representative members on security committees like navy, army, justice, finance and human rights. To ponder over the bill were Chairman, House Committee on Army, Hon. Abdulrazak Sa’ad Namdas; Saidu Musa Abdullahi, deputy chairman House Committee on Finance; while Defence was Zayyad; Navy was Wale Egberongbe; Air Force – Abass Agbowarin Adigun; Interior – Hon. Emmanuel Ukpong Udo; National Security and Intelligence – Hon. James Adisa Owolabi; Human Rights – Hon. Rotimi Agunsoye; Justice – Hon. Chinyere Igwe; and qLegislative Compliance – Hon. Amos Gwamna Magaji.

Framework

Prior to the event, the framework sent in by CISLAC and signed by the Chairman, House Committee on Army, Hon. Abdulrazak Sa’ad Namdas, noted that it was geared towards institutionalising the essential to the development of a legal framework, strategies, and plans for Protection of Civilians living in conflict-zones as they continue to experience the devastating impacts of conflict-related damages, increased vulnerability and trust deficit with wide-ranging effects on health and human sufferings.

According to CISLAC Executive Director, Auwal Ibrahim Musa (Rafsanjani), the bill is long overdue considering the plight of civilians who are directly bearing the brunt of conflicts in their communities, adding that the devastating effects of the conflicts have taken heavy toll on citizens, thus all hands must be on deck to mitigate civilian sufferings during conflicts by supporting the bill.

In an earlier note sent before the retreat, he posited that “if Nigeria goes ahead to institutionalise this law, it becomes the first in Africa to do so and the 9th Assembly would have written its name in history. Protecting civilians has too often been understood through the prism of compliance with international humanitarian law. This is an incomplete view: compliance with the law is the bare minimum, but current patterns of harm and long-term effects of hostilities highlight the need for legal framework and compliance to effectively prevent, minimise and respond to civilian harm.

“The full protection of civilians must become a strategic imperative across scenarios from direct involvement in hostilities to support provided to parties of conflict, and through the full spectrum of Nigerian security architecture in all its theatres of operations. This should entail prioritising the health and wellbeing of people, supporting political and social structures that ensures justice and dignity as well as protecting the environment, and be understood as a wider goal of conflict prevention and response.

“No effective protection strategy can be conceived without a sound understanding of the violations/abuses that were committed. This include inter alia, their rationale, their direct and indirect effects, and the social and legal framework in which they took place. Nowadays, the general lack of protection in crises affecting civilians caught up in armed conflict and other situations of violence is due, not to an inadequate legal framework, but to poor compliance. This retreat will specifically look at the proposed bill and policies and design strategies for its engagement.”

Specific Output

For the retreat, certain outputs were expected and it included taking into consideration both the draft bill on protection proposed and review the content to ensure standards and specifications are met;
designing and agreeing on the specific strategies and approach (to be presented jointly or individually with timeline) that the frameworks will be listed and mentioned on the floor of the House; and adopting roadmap to convene public hearing on the bills soon with CISLAC/CIVIC leading in the process.

Legislative Stance

During the second phase of the retreat, it was focused on the review of the protection of civilians bill.

Chairing the retreat, House Committee Chairman on Army, Hon. Abdur’razzak Namdas said ” We have been expecting this kind of retreat in more than a decade as our citizens are wounded and have become victims on a daily basis. Their properties constantly destroyed and land are prevented from being cultivated all in the name of tackling insecurity. The army in no means is overstretched and we need to use both kinetic and non kinetic methods to solve this problem.

“It is important that every security actor has a responsibility to protect and mitigate harms to civilians that will occur as a result of persons, activities , operations and I assure you that the committee on the army is ready to give the necessary support, contribution towards the institutionalisation of the framework inline with the standing orders of the 9th Assembly of the 1999 constitution as well as International and humanitarian and human rights laws. We will take the ownership of the proposed bill.”

On his part, Chinyere Igwe, member of the Justice committee said ” For any bill to be justiable, for it to have effect in law, the Justice Committee must necessarily be an actor so they can dot the i’s and cross the ts’ before it can go through the rudiments of the National Assembly.”

Egberongbe Mufutau Adewale representing Apapa Federal Constituency, Lagos State and a member of the House Committee on Navy, said in order to tackle insecurity and other vices, there is the urgent need to focus on vocational education for the youth, adding that “there is urgent need to review our school curriculum to focus on vocational education to have employers of labour. It is also important for government to provide the enabling environment for small businesses to thrive. The provision of incentives, intelligence gathering mechanism, use of local chiefs and improving our security architecture.

“Social media should be looked into to stop instigating people and the military should have advocacy with the civilians. In addition, rule of engagement, training of civilians and soldiers on rule of engagement. There is need for devolution of power and practising true federalism”.

In his comment on the proposed bill, Abbas Adigun the deputy chairman, house committee on armed forces who represented the chairman said ” Civilians are paying daily due to this conflict. If we have this bill, we will support it and ensure punishment for perpetrators as there is a need to address and give succour to those who have lost family members and property”.

Prince Rotimi, a member of the House committee on Human Rights said it is important to address the fundamental problem causing the conflict. ” We need to ask ourselves, how did we get to this point we are in today? It was the laxcadicial attitude of past leaders. I’m telling you, if the Chibok girls were rescued immediately this situation will not be so. What is the strength of our army, police and Air force? The army is overstretched and a situation where people who are supposed to be protecting us are being protected. So, there is need to uphold the rights of the protected and ensure no harm comes their way”.

Also speaking, Saidu Musa Abdullahi, the deputy chairman house committee on Finance said the bill is timely and coming a bit late, adding that “as we speak, civilians are being kidnapped. The bill will provide a legal framework for our foot soldiers and this is a welcome one. It is not all about having problems but having a way to incorporate non state actors to come in as a way to negotiate. There should be a way to mitigate the effects of conflicts on the civilians. I assure you , this bill will get the necessary support from the house committee on finance”.