[Congressional Record Volume 141, Number 181 (Wednesday, November 15, 1995)]
[Senate]
[Pages S17046-S17047]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         EXECUTIONS IN NIGERIA

  Mr. FEINGOLD. Mr. President, last Friday nine leaders of the Movement 
for the Survival of the Ogoni People [MOSOP], including renowned 
playwright Ken Saro-Wiwa, were executed by the brutal Nigerian military 
regime. The human rights leaders and environmental activists were 
hanged after a blatantly unfair trial, and in the face of numerous 
international appeals to General Abacha to commute the death sentences. 
That Nigeria carried out these executions during the meeting of the 
Commonwealth countries in New Zealand, which they attended, is 
particularly chilling. What a failure of international policy toward 
Nigeria.
  This latest gross human rights violation is convincing evidence that 
General Abacha, the military leader who seized control of Nigeria in 
1993, has no interest in overseeing a 3-year transition to genuine 
democratic rule as he announced in his notorious October 1 
proclamation. Instead, it appears he is seeking to obliterate--by 
killing--any opposition that could possibly challenge his authority.
  The political situation in Nigeria is undoubtedly fragile and 
difficult. Since its independence from Britain in 1960, Nigeria has 
been held together by the military, and in fact it has enjoyed civilian 
rule for only short, punctuated periods in its entire history. Then, as 
the rest of Africa was sweeping toward democracy, Nigeria too held 
Presidential elections in 1993. They produced a major sea change in 
Nigerian politics when a Southern Yoruba, Moshood Abiola, was elected 
President, after years of domination of the political structure by 
northern Hausa/Fawlani. It was this shake-up that ultimately 
precipitated Abacha's takeover of the government in 1994.
  Since then, he has ruled the Government with a corrupt hand. While 
much of Africa is producing good news, Abacha's Nigeria stands in stark 
contrast. Nigeria's 110 million people live under a totalitarian 
regime. National and State elected officials have been removed from 
office, political parties dissolved, newspapers shut down, labor unions 
disbanded, and thousands detained for their political opinions. This 
summer he commuted the death sentences of General Obasanjo and others, 
but his mercy extended only to life imprisonment.
  Now Abacha has killed Ken Saro-Wiwa and some of the most well-known 
human rights and environmental activists, after a flagrantly unfair 
trial, and despite international pleas to retry the defendants. Some 
observers have said the executions last week were a function of a 
domestic military crisis where Abacha had to look strong, lest he face 
revolt from his own troops. While I could be sympathetic to Abacha's 
challenge of keeping his country together, this cannot justify nine 
executions: indeed, such abuse can only lead to further instability in 
Nigeria.
  The environmental and human rights movement for which Ken Saro Wiwa 
lost his life goes back to 1990, when the first seeds of anger against 
foreign oil companies began surfacing in Ogoniland. The 6 million 
Ogonis living among the rich swamps, fertile farmland, and gorgeous 
rainforests of the Niger River delta has been poor forever. But as oil 
companies plundered their land, seeking resources, polluting their 
water, uprooting the soil--leaving the Ogonis with nothing but 
thousands of ugly oilwells and deteriorated pipelines--the indigenous 
population began protesting. At first, they were peaceful 
demonstrations, but then Shell Oil called out the notoriously brutal 
police force to massacre 80 people and destroy 495 homes. The 
communities held Shell responsible for choosing to contact the police 
rather than even to begin to negotiate with them.
  That spawned a strong protest movement, and by 1992, when Shell still 
refused to engage the Ogonis, the police were once again called out, 
and shot 30 people.
  This is when Ken Saro-Wiwa founded the Movement for the Survival of 
the Ogoni People. In its constitution, MOSOP called for compensation 
for loss of their resources to Shell. MOSOP also called for self-
determination of Ogoniland, the demand that made Saro-Wiwa threatening 
to the government.
  As the Ogonis were being tortured by arson, beatings, and forced 
resettlement by the Government, Shell Oil removed itself from 
responsibility and shoved the issue off as a domestic Nigerian problem, 
in which it could not engage.
  When elections were held in 1993, the Ogonis split their vote: while 
older more conservative folks favored Abiola, Saro-Wiwa and younger 
activists supported a boycott of the elections as a farce. With this 
display of defiance, the Nigerian military government essentially moved 
into occupy Ogoniland. During a public discussion on whether the Ogonis 
would send representatives to Abacha's constitutional conference, four 
Ogoni chiefs were killed.
  Saro-Wiwa and eight others were charged with the murder of the 
chiefs. Many believe Abacha used the deaths as a pretext to eliminate 
his most outspoken and effective opposition.
  A military tribunal was established especially for this trial, a 
tribunal which, according to State Department and other observers of 
this case, was neither impartial nor independent. Further, the 
defendants were not permitted access to a lawyer of their choice, and 
there is even evidence that witnesses were paid off to testify against 
Saro-Wiwa. After all this, there was no right of appeal.
  Predictably, the defendants were found guilty and sentenced to death. 
After a flurry of international activity, which included several phone 
calls and faxes to Nigerian officials from United States Senators, such 
as myself, which were never answered--the Provisional Ruling Council, 
headed by Abacha, confirmed the sentences. Once again, we called the 
U.N. Ambassador, appealed to our administration, wrote letters to 
Nigeria urging Abacha to commute the 

[[Page S17047]]
death sentences and re-try the defendants in accordance with 
internationally recognized human rights standards. To our shock, the 
executions were carried out 48 hours later.
  This kind of behavior, this kind of brutality is unconscionable. It 
calls out for a tough international response. Later this week, I will 
be joining a bi-partisan group of Senators in introducing sanctions 
legislation against Nigeria. While details are still be worked out, the 
bill is intended to ratchet up the pressure against General Abacha. His 
murderous regime must be stopped and isolated. The continued butchery 
of his country can only destabilize the region, harm international 
interests in the continent, and force suffering upon the 110 million 
people of Nigeria.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.

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