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Nigeria: Current Issues and U.S. Policy

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Nigeria: Elections and Issues for CongressCurrent Issues and U.S. Policy Lauren Ploch AnalystSpecialist in African Affairs January 19July 18, 2012 Congressional Research Service 7-5700 www.crs.gov RL33964 CRS Report for Congress Prepared for Members and Committees of Congress Nigeria: Elections and Issues for Congress Summary Current Issues and U.S. Policy Summary The U.S. government considers its strategic relationship with Nigeria, Africa’s largest producer of oil and its second largest democracy, is one of the U.S. government’s key strategic partners on the continent. It is economy, to be among the most important on continent. Nigeria is Africa’s most populous country, with over 155more than 170 million people, roughly half Muslim and half Christian, and its second-largest economy. Diplomatic relations with Nigeria, which is among the top five oil exporters to the United States, are strong, and the country is a major recipient of U.S. foreign assistance. After 16 years of military rule, Nigeria made the transition to civilian governance in 1999, and emerged as a powerful actor in African politics. Nigeria’s government has mediated disputes in several African countries, and the country ranks fourth among troop contributors to U.N. peacekeeping missions. Nigeria faces serious social and economic challenges, however, that some analysts contend threaten the stability of both the state and the region, and which have the potential to affect global oil markets. The country has faced intermittent political turmoil and economic crises since independence. Political life has been scarred by conflict along ethnic, religious, and geographic lines, and misrule has undermined the authority and legitimacy of the state. Nigeria’s annual oil and natural gas revenues are estimated at over $60 billion, but its people, roughly divided between Muslims and Christians. U.S. diplomatic relations with Nigeria, which is among the top five suppliers of U.S. oil imports, have improved since the country made the transition from military to civilian rule in 1999, and Nigeria is a major recipient of U.S. foreign aid. The country is an influential actor in African politics, having mediated disputes in several African countries and ranking among the top five troop contributors to U.N. peacekeeping missions. Nigeria is a country of significant promise, but it also faces serious social, economic, and security challenges that have the potential to threaten the stability of both the state and the region, and to affect global oil prices. The country has faced intermittent political turmoil and economic crises since independence. Political life has been scarred by conflict along ethnic, geographic, and religious lines, and corruption and misrule have undermined the authority and legitimacy of the state. Despite its extensive oil and natural gas resources, Nigeria’s human development indicators are among the world’s lowest, and a majority of the population suffers from extreme poverty. The government relies on the oil sector for over 85% of revenues. By some estimates, Nigeria could rank among the world’s top five exporters of oil within a few years, but social Social unrest, criminality, and corruption in the country’s oil-producing Niger Delta region have hindered production as well as development. Inter-communal conflicts in parts of the country are common. Resentment between the northern and southern regions, and among communities in central Nigeria, has led periodically to considerable unresthave hindered oil production and impeded the southern region’s economic development. Perceived neglect and economic marginalization have also fueled resentment in the north. Inter-communal conflicts are common in parts of Nigeria. Thousands have been killed in periodic ethno-religious clashes in the past decade. The attempted terrorterrorist attack on an American airliner by a Nigerian in December 2009 and the resurgence of a militant Islamist group, Boko Haram, have also heightened concerns regarding the possible radicalization of Nigerian Muslims. While Boko Haram has remained primarily focused on a domestic agenda, there are reports that some of its members may be expanding ties with more developed have also heightened concerns about extremist recruitment in Nigeria, which has one of the world’s largest Muslim populations. Boko Haram has increasingly targeted churches, sometimes triggering retaliatory violence and threatening to inflame religious tensions in the country. While the group has remained primarily focused on a domestic agenda, some U.S. officials state that its members are expanding ties with other violent Islamist groups on the continent. Nigeria’s most recent elections, held in April 2011, were viewed by many as a critical test of the government’s commitment to democracy. The State Department had deemed the previous elections to be deeply flawed, and some observers contended that, by some accounts, Nigeria had not held a free and fair general election since the return to civilian rule in 1999. Election observer groups characterized the 2011 elections as a significant improvement over previous polls, althoughbut not without problems. Post-electionPostelection protests and violence across the north highlighted lingering communal tensions, grievances, and mistrust of the government in the northern states. President Goodluck Jonathan, who was re-elected, faces mounting, and at times competing, internal and external pressure to implement reforms deemed critical to addressing corruption and other development and securitya southerner, was re-elected and faces multiple, sometimes competing pressures to implement reforms deemed critical to addressing the country’s security and development challenges. The Obama Administration has been supportive of Nigeria’s recent reform initiatives, including anti-corruption efforts, economic and electoral reforms, energy sector privatization, and programs to promote peace and development in the Niger Delta. In 2010, the Administration established the U.S.-Nigeria Binational Commission, a strategic dialogue to address issues of mutual concern. Congress regularly monitors Nigerian political developments and has expressed concerns with corruption and, human rights abuses. Congress provides oversight for over $600 million in U.S. foreign , and environmental damage in the Delta, as well as with the threat of violent extremism in Nigeria. Congress oversees more than $600 million in U.S. foreign assistance programs in Nigeria—one of the largest U.S. bilateral assistance packages in Africa. Congressional Research Service Nigeria: Elections and Issues for CongressCurrent Issues and U.S. Policy Contents Overview.......................................................................................................................................... 1 Political Context .............................................................................................................................. 2 Previous Elections ..................................................................................................................... 2 The 2011 Elections: Opportunities and Challenges................................................................... 3 Violence Surrounding and Following the 2011 Elections ................................................... 72 Development Challenges and Reform Initiatives ............................................................................ 8 Reforms to the Petroleum and Energy Sectors .......................................................................... 9 Financial Sector Reforms ........................................................................................................ 105 Efforts to Combat Corruption.................................................................................................. 11 Social Issues and Security Concerns ........ 6 Petroleum and Power Sector Reforms....................................................................................... 13 Islamic Sharia Law.7 Financial Sector Reforms ................................................................................................................. 13 Sectarian Violence in Nigeria’s Middle Belt .................... 8 Social Issues and Security Concerns ....................................................... 13 Boko Haram and Militant Islam in Nigeria ............................................................................. 14 Conflict in the Niger Delta ................................................................................. 9 Islamic Sharia Law..................... 16 Background of the Struggle............................................................................................... 16 Criminality and Violence........9 Religious and Communal Tensions ........................................................................................... 16 Amnesty Offer for Delta Militants ...9 Boko Haram and Militant Islam in Nigeria ................................................................................. 18 Efforts to Address Environmental and Development Challenges 10 Conflict in the Niger Delta .......................................... 18 Effects on the Oil Industry and the World Market ............................................................ 2013 Abuses by Security Forces ...................................................................................................... 2014 HIV/AIDS, Education, and Population Growth ...................................................................... 2014 International Relations................................................................................................................... 2115 Issues for Congress ........................................................................................................................ 2115 Administration Policy on Nigeria............................................................................................ 2115 U.S.-Nigeria Trade and Maritime Security Issues............................................................. 2216 Nigeria’s Role in Regional Stability and Counterterrorism Efforts .................................. 2317 U.S. Assistance to Nigeria................................................................................................. 23 Recent 17 Congressional ActionEngagement ............................................................................................ 25... 18 Figures Figure 1. Results of the 2011 Presidential Election ......................................................................... 64 Figure 2. Map of Nigeria ............................................................................................................... 2719 Tables Table 1. State Department and USAID Assistance to Nigeria ....................................................... 2419 Contacts Author Contact Information........................................................................................................... 2820 Congressional Research Service Nigeria: Elections and Issues for CongressCurrent Issues and U.S. Policy Overview Nigeria is considered a key power on the African continent, not only because of its size, but but also because of its political and economic role in the region. One in five people in Sub-Saharan Africa call Nigeria home. The country’s commercial center, Lagos, is among the world’s largest cities. Nigeria’s economy is Sub-Saharan Africa’s second largest, and it is one of the world’s major sources of high-quality sweet crude oil and natural gas. Nigerian leaders have mediated conflicts throughout Africa, and Nigerian troops have played a critical role in peace and stability operations on the continent. The country ranks fourth amongamong the top five troop contributors to United Nations peacekeeping missions. Nigeria, roughly twice the size of California, is also home to world’s second-largest HIV/AIDS-infected population and has Africa’s highest tuberculosis burden. Nations peacekeeping missions. Few countries in Africa have the capacity to make a more decisive impact on the region. Despite its oil wealth, Nigeria however, Nigeria remains highly underdeveloped. Poor governance has limited infrastructure development and social service delivery, hindering economic growth and leaving much of the country mired in poverty. The country is composed of over 250 ethnic groups, of which 10 account for nearly 80% of the total population. The Poor governance and corruption have limited Nigeria at a Glance infrastructure development and social service delivery, hindering Population; Pop. Growth Rate: 170 million; 2.553% economic growth and keeping much Independence: October 1960 of the country mired in poverty. Nigeria is also home to the world’s Capital: Abuja second-largest HIV/AIDS-infected Comparative Area: More than twice the population and has Africa’s highest size of California tuberculosis burden. The country hosts over 250 ethnic groups, but the northern Hausa and Fulani, the southwestern Yoruba, and the southeastern Ibo have traditionally been the most politically active and dominant. Almost half the population, some 75 million people who primarily reside in the northern half of the country, are Muslim. Southern Nigeria is predominantly Christian. Nigeria at a Glance Population: 155 million Pop. Growth Rate: 1.935% Independence: October 1960 Comparative Area: Slightly larger than twice the size of CaliforniaRoughly half the population, primarily residing in the north, are Muslim. Southern Nigeria is predominantly Christian. Religions: 50% Muslim, 40% Christian, 10% indigenous beliefs Languages: English (official), 250 local languages Literacy: 68% Infant Mortality: 91.5474.36 deaths/1,000 live births Life Expectancy: 47.5652 years Prevalence of HIV: 3.16% Real GDP Growth: 8.4% (2010 estimate)6.9% Nominal GDP Per Capita: $1,191545 Unemployment: 4.9% Exports: $45.4 billion21% Ethnic and religious strife have been Imports: $42.1External Debt: $12 billion common in Nigeria. Divisions External Debt: $9.689 billionSource: CIA World FactBook 2012; International Monetary Fund among ethnic groups, between north and south, and between Christians Source: CIA World Fact Book, International Monetary Fund and Muslims, often stem from issues relating to access to land, jobs, and socioeconomic often stem from perceived differences in access to land and socio-economic development, and are sometimes fueled by political elites. More than 15,000 Nigerians are believed to have been have been killed in local clashes sparked by these tensions in the last decade, and millions have been periodically displaced. An increasingly active militant Islamist group, Boko Haram, has contributed to deteriorating security conditions in the northeast. Recent attacks attributed to the group against Christian targets have the potential to inflame sectarian tensions across the country. Its purported ties with regional terrorist groups are also of concern. In the southern Niger Delta, simmering conflict and criminality have been fueled by regional grievances related to oil production in the area, although the government has had some recent success negotiating with local militant groups. Congressional Research Service 1 Nigeria: Elections and Issues for Congress Political Context Nigeria, which gained its independence from Britain in 1960, is a federal republic composed of 36 states; its political structure is similar to that of the United States. The country has a bicameral legislature with a 109-member Senate and a 360-member House of Representatives. Its president, legislators, and governors are elected on four-year terms. The country was ruled by the military for much of the three decades after independence before making the transition to civilian rule in 1999. Elections held in the decade after the transition were deemed by Nigerians and the international community to be flawed, with each poll progressively worse than the last, according to many domestic and international observers. In the wake of the 2007 elections, which were marred by fraud and political violence, the U.S. State Department expressed its view that the country remained in political transition.1 Human Rights Watch contended at that point that “Nigeria has not held a free and fair general election since the end of military rule.”2 Nevertheless, expectations were high for the most recent round of elections, held in April 2011 fueled by politicians. By some estimates, 15,000 Nigerians have died in localized clashes driven by such tensions in the last decade, including more than 800 people killed in 2011 in post-election clashes. That violence highlighted growing dissatisfaction with the government in the northern states. An increasingly active violent Islamist group, Boko Haram, has contributed to deteriorating security conditions in the north and seeks to capitalize on local frustrations and discredit the government. U.S. policymakers are concerned with Boko Haram’s reported ties with transnational terrorist groups and with its attack on the U.N. compound in Abuja in 2011. Further, the group’s recent attacks against churches have the potential to inflame sectarian tensions across Nigeria. In the southern Niger Delta region, local grievances related to oil production in the area have fueled simmering conflict and criminality for over a decade. The government’s efforts to negotiate with local militants have quieted the restive region, but the peace is fragile and violent criminality continues. Congressional Research Service 1 Nigeria: Current Issues and U.S. Policy Political Context Nigeria, which gained its independence from Britain in 1960, is a federal republic with 36 states; its political structure is similar to that of the United States. It has a bicameral legislature with a 109-member Senate and a 360-member House of Representatives. Nigeria’s president, legislators, and governors are directly elected on four-year terms. The country was ruled by the military for much of the four decades after independence before making the transition to civilian rule in 1999. Elections held in the decade after the transition were deemed by Nigerians and the international community to be flawed, with each poll progressively worse than the last. The most recent elections, in April 2011, showed serious improvements, but also highlighted outstanding issues. The contest for power between north and south that has broadly defined much of Nigeria’s modern political history can be traced, in part, to administrative divisions instituted during Britain’s colonial administration.31 Northern military leaders dominated Nigerian politicsthe political scene from independence until the transition to democracy just over a decade ago. Since the election of President Olusegun Obasanjo in 1999,4 there has been a de-facto power sharing arrangement, often referred to as “zoning,” between the country’s geopolitical zones, through which the presidency was expected to rotate among the regions every two terms. President Obasanjo was from the southwest, and with his retirement pending in 2007, the ruling People’s Democratic Party (PDP), which has dominated Nigerian politics for more than a decade, chose a northern regions. As President Obasanjo, a previous military ruler from the southwest, approached retirement in 2007, the ruling People’s Democratic Party (PDP) chose a northern governor, Umaru Yar’Adua, as its presidential candidate. The other main leading presidential contenders in the April 2007 election were also northerners. Upon from the north. Upon President Yar’Adua’s death in office in 2010,2 his vice president, Goodluck Jonathan, a southernerformer governor from the southern Niger Delta, took office for the remainder of Yar’Adua’s first term, raising questions as to whether the ruling party would chosechoose another northern candidate to run in 2011 or support a run for the office by the sitting president. President Jonathan ultimately secured the party nomination. His subsequent electoral victory leaves the future of the zoning arrangement unclear. Previous Elections Nigeria’s third national elections since the return to civilian rule were held in April 2007, amid widespread allegations of electoral mismanagement and fraud. The Nigerian Senate had rejected a bid by Obasanjo supporters in 2006 to amend the constitution to allow him to run for a third term. Facing retirement, President Obasanjo backed Umaru Yar’Adua, largely unknown to many Nigerians, as the ruling party’s presidential candidate.5 Yar’Adua’s running mate, Goodluck 1 U.S. State Department, “Nigeria,” Country Reports on Human Rights Practices, 2008. Human Rights Watch (HRW), Election or ‘Selection’? Human Rights Abuses and Threats to Free and Fair Elections in Nigeria, April 2007, and “Nigeria: Presidential Election Marred by Fraud, Violence,” April 24, 2007. 3 Britain administered the north and south separately from the late 19th century until 1947, when it introduced a federal system that divided the country into three regions: Northern, Eastern, and Western. 4 Obasanjo, a former military head of state from 1976-1979, won 62.8% of the votes in 1999; his challenger received 37.2%. In 2003, Obasanjo won 62% of the votes, while his nearest rival, General Muhammadu Buhari, won 32%. 5 Yar’Adua, a former chemistry professor, was elected governor of Katsina in 1999. His better-known older brother, the (continued...) 2 Congressional Research Service 2 Nigeria: Elections and Issues for Congress Jonathan, had served as governor of Bayelsa State in the Niger Delta. Yar’Adua was declared the winner with over 70% of the votes cast. The two largest opposition parties, the All Nigeria Peoples Party (ANPP) and the Action Congress (AC), rejected the poll results. The ruling PDP won the majority of the state and federal elections. Opposition gubernatorial candidates won in seven states, including the two most populous states, Lagos and Kano. Many election results were challenged in the courts, based on allegations of fraud, threats of violence, or the inability of voters to cast their ballots. Ultimately, the results of almost a third of the gubernatorial races were annulled, although many of the candidates who won in the first round won again when elections were rerun. A tribunal hearing the challenges to President Yar’Adua’s win reached its verdict in February 2008, finding insufficient evidence to overturn his election. Nigeria’s Supreme Court upheld that verdict in late 2008. Domestic and international observer groups were highly critical of the 2007 elections.6 According to the U.S.-based National Democratic Institute (NDI) delegation, “in many places, and in a number of ways, the electoral process failed the Nigerian people. The cumulative effect ... substantially compromised the integrity of the electoral process.”7 The International Republican Institute (IRI) called the elections “below acceptable standards,” noting that the resolution of election disputes would be “critical” to restoring the credibility of the democratic process.8 President Obasanjo acknowledged some electoral irregularities, notably “logistical failures,” violence, and ballot box theft, but declared that “the magnitude does not make the results null and void.”9 World oil prices rose the week after the election amid concerns surrounding the disputed polls,10 but opposition calls for mass protests went largely unheeded. The 2011 Elections: Opportunities and Challenges Conceding that the 2007 elections were flawed, President Yar’Adua appointed a panel of government officials, former judges, and civil society representatives to recommend changes to the country’s electoral institutions. The panel issued its findings in December 2008, but the government was slow to commence reforms until mid-2010, when the parliament approved the first of several amendments to the electoral laws. Among the most significant of the reforms were those designed to increase independence and fiscal autonomy of the Independent National Electoral Commission (INEC), whose credibility had been badly damaged by the 2003 and 2007 elections.11 President Jonathan won praise for replacing the sitting INEC chairman with a (...continued) late General Shehu Musa Yar’Adua, served as Vice President under Obasanjo in the first military regime to transfer power to civilian rule, and he was reported to be one of Nigeria’s wealthiest and most powerful men. Shehu died in prison in 1997 after having been sentenced by a military tribunal for treason after calling for dictator Sani Abacha to reestablish civilian rule. Yar’Adua’s father was a prominent minster in the first government after independence. 6 “Nigeria: Elections Fraudulent; EU, Others,” Daily Trust (Abuja), April 24, 2007. 7 The National Democratic Institute (NDI), “Statement of the National Democratic Institute International Election Observer Delegation to Nigeria’s April 21 Presidential and National Assembly Elections,” April 23, 2007. 8 The International Republican Institute (IRI), “Nigeria’s Elections Below Acceptable Standards: Preliminary Findings of IRI’s International Election Observation Mission,” April 22, 2007. 9 “Obasanjo Appeals to Nigerians Over Election Results,” Radio Nigeria-Abuja, April 23, 2007, and “Nigerian President Olusegun Obasanjo Says Elections Flawed, But Not Fatally,” Associated Press, April 25, 2007. 10 “Landslide Win for Yar’Adua is ‘Flawed,’” Financial Times, April 23, 2007. 11 International Crisis Group (ICG), “Nigeria’s Elections: Avoiding a Political Crisis,” Africa Report No. 123, March (continued...) Congressional Research Service 3 Nigeria: Elections and Issues for Congress respected academic and civil society activist, Professor Attahiru Jega. Despite lingering concerns about the independence of some state-level electoral officials,12 Nigerians were optimistic that the 2011 polls would be more credible than the last, according to a survey conducted in late 2010.13 Turnout was high for the voter registration exercise, launched in January 2011 to compile a more credible register. INEC reported over 870,000 cases of multiple registration, raising concerns about “widespread but not yet systemic fraud.”14 The exercise nevertheless appeared to increase voter confidence and many observers generally deemed the register an improvement over previous efforts, although not without problems. A delayed rerun in January 2011 of one of the flawed 2007 gubernatorial elections was viewed as another test for INEC’s new management. Observer reports suggest that, while rigging and voter intimidation occurred, the poll was an improvement in a state heavily controlled by the PDP. By one account, the rerun “demonstrated both the potential for INEC to administer improved elections with the support of communities and the risk that political actors can still overwhelm reforms with systematic fraud.”15 As April approached, analysts argued that Jega’s INEC had demonstrated the will, if not necessarily the capacity, to overcome problems in the 2011 polls. Observers noted positive developments prior to the elections, but also raised concerns about electoral preparedness and other areas deemed problematic in previous polls, including ballot secrecy, intimidation, and transparency in the counting of ballots and tabulation of results.16 Previous instances of electoral fraud included the falsification of voter information, bribery, theft, incitement, and intimidation. Some civil society groups suggested that these practices were likely to occur in the 2011 elections, but that there might be a shift “from blatant fraud with state acquiescence to a pattern of suppressing opposition voting areas while inflating strongholds.”17 The International Crisis Group declared the party primaries to be “as manipulated as ever,” resulting in court challenges to the parties’ candidate lists.18 Last minute court rulings related to the lists required ballots to be reprinted and caused delays in the delivery of voting materials. As mentioned above, there has been an unwritten agreement that the presidency should rotate among the country’s regions, and there was considerable debate on whether Jonathan’s decision to vie for the presidency would lead the ruling party to split. Prior to the party primaries, many northerners argued that since Yar’Adua, a northerner, had only served one term, a candidate from their region should hold the office for another term, given that Obasanjo, a southerner, had two terms in office. Some reports suggest that a lack of consensus among the PDP elite on the zoning (...continued) 28, 2007, p. 14. 12 ICG, “Nigeria’s Elections: Reversing the Degeneration?” Africa Briefing No.79, February 24, 2011; Breaking the Cycle of Electoral Violence in Nigeria, U.S. Institute for Peace, December 2010. 13 A poll conducted by IRI in late 2010 indicated that over 60% of Nigerians had confidence in the new electoral commission, and that 74% of Nigerians thought the 2011 polls would be more credible that the last. 14 ICG, “Nigeria’s Elections: Reversing the Degeneration?” Ibid. 15 Stakeholder Democracy Network, The Delta Governorship Rerun: Signposts and Storm Warnings for the 2011 Elections, February 24, 2011. 16 See, e.g., IRI, “Statement of IRI’s Pre-Election Assessment Mission,” March 3, 2011; NDI, “Nigeria Election Watch,” Issue 3, March 15, 2011. 17 Stakeholder Democracy Network, The Delta Governorship Rerun, Ibid. 18 ICG, “Nigeria’s Elections: Reversing the Degeneration?” Ibid; NDI, “Nigeria Election Watch,” Issue 3, Ibid. Congressional Research Service 4 Nigeria: Elections and Issues for Congress issue contributed to the apparent reluctance by Yar’Adua’s cabinet to formally transfer power to Jonathan in early 2010 (see below). Jonathan ultimately won the support of key PDP leaders, including a majority of the northern governors, for his candidacy, winning the primary overwhelmingly with over 2,700 votes against roughly 800 for his northern rival, Atiku Abubakar. President Jonathan, along with his running mate, Vice President Namadi Sambo (a northerner), was among almost 20 candidates contesting the presidency, including former military leader Muhammadu Buhari,19 representing the Congress for Progressive Change (CPC); former head of Nigeria’s anti-corruption authority Nuhu Ribadu, representing the Action Congress of Nigeria (ACN); and a northern state governor, Ibrahim Shekaru, representing the ANPP. These three leading opposition contenders all hailed from the north and chose running mates from the south. With over 73 million registered voters, almost 120,000 polling stations, and more than 50 political parties, the challenges facing INEC were daunting. The 2011 elections were scheduled to be held on three successive Saturdays in April; however, logistical delays in the delivery of materials to polling stations across the country resulted in all three elections being delayed by a week. 20 For some, the delay reinforced concerns regarding the polls’ credibility. Others argued that the “trial run” allowed INEC the opportunity to identify and address some deficiencies. The ruling PDP maintained its dominant position in Nigerian politics in the 2011 elections, retaining the presidency, a majority of the seats in the National Assembly, the gubernatorial posts and state assemblies. The CPC and ACN made some significant regional gains, however. The ACN dominated state elections in the southwest, where the PDP retained a majority in only one of the state assemblies and lost all gubernatorial positions. Nationally, opposition parties now control 13 governors’ posts and hold a majority in 10 state assemblies.21 Incumbent President Goodluck Jonathan won 59.6% of the vote, taking a majority in 23 states and gaining enough support nationwide to avoid a run-off.22 Buhari, who followed with 32.3% of the votes, led in one-third of the states, notably in the north. Ribadu came in third with 5.5% of the votes. 19 General Buhari also ran for the presidency in 2003 and 2007. Gubernatorial elections were not held in 10 states 2007 election results were overturned or rerun. 21 Opposition candidates took Ogun, Oyo, and Lagos in the southwest (ACN), Yobe in the north (ANPP), and Imo in the southeast (APGA). ANPP retained control in Borno and Zamfara. The CPC won Nasarawa from the ANPP. Osun, Ekiti, Ondo, Edo, and Anambra were already held by the opposition. 22 A candidate must win at least 25% in at least two-thirds of the states and the Federal Capital Territory to avoid a runoff. Jonathan gained at least 25% in 31 states. Buhari gained 25% in 18 states. 20 Congressional Research Service 5 Nigeria: Elections and Issues for Congress Figure 1. Results of the 2011 Presidential Election Source: BBC, adapted by CRS. U.S. government comments on the conduct of the 2011 elections were largely positive. Secretary of State Clinton declared, “This historic event marks a dramatic shift from decades of failed elections and a substantial improvement” over the 2007 election, but noted that “while this election was a success for the people of Nigeria, it was far from perfect.”23 Another senior State Department official called the polls “the most successful elections since [Nigeria’s] return to multiparty democracy, ... despite some technical imperfections,” and argued that “this reverses a downward democratic trajectory and provides the country a solid foundation for strengthening its electoral procedures and democratic institutions.”24 When President Obama called to congratulate President Jonathan, he stated that “the success of the elections was a testament to Nigerian voters who...were determined that these elections mark a new chapter in Nigerian history.”25 23 Secretary of State Hillary Clinton, Press Release: Election in Nigeria, April 19, 2011. Special Briefing by Assistant Secretary Johnnie Carson, “The Recent Elections in Nigeria,” April 28, 2011. 25 The White House, Statement by President Obama on Elections in Nigeria, May 4, 2011. 24 Congressional Research Service 6 Nigeria: Elections and Issues for Congress International observers also generally noted significant improvements in the electoral process in the National Assembly and presidential polls, but most stopped short of calling the elections “free and fair.” The IRI and NDI delegations both termed the 2011 elections a key step forward.26 The African Union called the legislative and presidential elections “credible and creditable and reflect(ing) the will of the Nigerian people.”27 The Commonwealth declared that “previously held notions that Nigeria can only hold flawed elections are now being discarded and this country can now shake off that stigma and redeem its image.”28 The European Union (EU) was also generally positive, but raised concerns with presidential results from some states in the Niger Delta and the southeast, where turnout appeared to be near 100%.29 This echoes the findings of some domestic groups, who reported the largest number of electoral incidents in the “south-south” (i.e., the Niger Delta) and southeast, including intimidation, harassment, and in some cases, violence.30 Underage voting was cited as a common concern by observers, and most suggested that over-crowding at polling stations and complicated vote collation procedures vulnerable to error or malfeasance remained a problem during the polls. The EU delegation, one of the few groups to observe the state elections, found that they “did not resemble the quality of the process and environment of the elections for President and National Assembly,” and noted increased attempts to influence voters.31 Domestic observer reports suggest harassment increased in the state elections. Various parties filed legal suits challenging the results of the 2011 elections. Nigeria’s Supreme Court upheld a verdict rejecting the CPC’s challenge to President Jonathan’s win in December 2011. Nigeria’s next elections are scheduled for 2015. Violence Surrounding and Following the 2011 Elections Despite generally positive preliminary statements on the conduct of the April 2011 legislative and presidential elections, election-related violence surrounding the polls was higher than in previous years, highlighting lingering communal tensions. Rioting that broke out in the north in protest of President Jonathan’s win reflected grievances that many in that region feel had been left unaddressed by the ruling party. Violence had accompanied previous elections in Nigeria. Over 150 people were estimated to have been killed in violence related to the 2003 elections, and by some estimates, as many as 350 people were killed in violence related to the 2007 polls.32 Violence prior to the 2011 elections included clashes between party supporters and several assassinations. Poll-related security concerns were further heightened by a spate of bombings during political rallies, predominantly in Bayelsa state in the Delta. There were at least six bombings in April in the northeast state of Borno, where Boko Haram, a local militant Islamist group, has been most active. Boko Haram claimed responsibility in January 2011 for the assassination of the state’s leading gubernatorial candidate and several of his supporters. On the eve of the legislative elections, a bombing at the 26 IRI, “Nigerian Election Major Step Forward,” April 18, 2011; NDI, “Statement of the National Democratic Institute’s International Election Observer Mission to Nigeria’s April 16 Presidential Election,” April 18, 2011. 27 Preliminary Statement of the AU Observer Mission on the 2011 Presidential Election in Nigeria, April 16, 2011. 28 Interim Statement by the Chairman of the Commonwealth Observer Group, April 18, 2011. 29 Preliminary Statement of the European Union Election Observation Mission, April 18, 2011. 30 Project 2011 Swift Count (www.pscnigeria.org) and the Transition Monitoring Group (www.tmgelection2011.org). 31 EU Election Observation Mission, Press Release: EU EOM on the Elections of 26 and 28 April, April 29, 2011. 32 HRW, “Nigeria: Pass Bill to Prosecute Electoral Abuses,” March 13, 2011. Congressional Research Service 7 Nigeria: Elections and Issues for Congress state election commission headquarters in Niger state killed at least 10 people. President Jonathan and Chairman Jega pledged to increase security during the elections, and observers generally commented positively on the presence and behavior of security forces during the polls. Protests erupted in the northern states the day after the presidential election, with Buhari supporters alleging that the ruling party had rigged the election. The protests devolved into violent riots and, in some areas, killings, largely along religious and ethnic lines. In some parts of the north, the violence lasted for several days until soldiers were deployed to enforce stability. At least 800 people were killed in a three-day period, according Human Rights Watch, and as many as 65,000 displaced. An independent panel led by a prominent Islamic scholar who was appointed to conduct an official government inquiry into the post-election violence submitted a final report in October 2011, faulting the failure of successive administrations to act on the recommendations of previous commissions on communal and political violence. The panel also suggested that statements made by politicians such as Buhari for voters to “guard their votes” may have fueled popular frustrations and inadvertently sparked acts of violence.33 The Death of President Yar’Adua and the Transition of Power Questions about President Yar’Adua’s health plagued his administration throughout his tenure (2007-2010). Many speculate that he suffered from a chronic kidney condition, and his hospitalization in Saudi Arabia in November 2009, reportedly with acute pericarditis, threatened to spark a political crisis. His prolonged absence spurred rumors of his death, and several groups launched legal suits suggesting that Yar’Adua had violated the constitution by not transferring power during his absence. Some observers contend that the president was completely incapacitated, and that close advisors, including his wife, were making decisions for him.34 President Yar’Adua’s absence also raised concerns regarding a tenuous ceasefire with Niger Delta militants.35 Pressure for presidential authority to be transferred to Vice President Jonathan increased in early 2010, despite the cabinet declaring Yar’Adua fit for office in late January and a court ruling that there was no need for a formal transfer of power during a “medical vacation.” Under pressure from influential state governors, the National Assembly passed resolutions recognizing Jonathan as the acting head of state. The cabinet accepted the National Assembly’s decision. Although the resolutions were not legally binding, the move allowed Jonathan to conduct critical government business. In June 2010, in response to the ambiguity surrounding Jonathan’s role as acting president, the National Assembly amended the constitution to address procedures for the temporary transfer of presidential powers in the event of the president’s absence or inability to discharge his duties. On May 5, 2010, the Nigerian government announced the death of President Yar’Adua at age 58. Goodluck Jonathan was sworn in as Nigeria’s new president the following day, choosing as his vice president Namadi Sambo, a former architect and governor of the northern state of Kaduna. Development Challenges and Reform Initiatives Nigeria generates over $60 billion a year in oil and gas revenue, but despite its large economy its population is among Africa’s poorest. As many as 70% of Nigerians live beneath the poverty line, and the average life expectancy is less than 48 years. Nigeria also has the world’s second-largest HIV/AIDS population (after South Africa). Access to clean water remains a major challenge— 33 “Post-Election Violence – FG Panel Report Indicts Buhari,” Vanguard, October 11, 2011. John Campbell, “Nigeria Fragmented and Unstable,” Huffington Post, March 5, 2010, and “On Her Majesty’s Secret Service,” Africa Confidential, March 5. 2010. 35 “MEND’s Fresh Resurgence as Yar’Adua’s Absence Enters 2nd Month,” AllAfrica, January 4, 2010. 34 Congressional Research Service 8 Nigeria: Elections and Issues for Congress almost half the population has no access to improved sources of water and less than one-fifth of households are served by piped water. Sanitation is also a problem, with 30% of people lacking access to adequate sanitation. Diarrhea remains the second-leading cause of death among Nigerian children, and the country ranks second only to India in the number of diarrhea-related child deaths globally. The country ranks 156th out of 187 countries on U.N. Development Program’s (UNDP) 2011 Human Development Index.36 Due to decades of economic mismanagement, political instability, and widespread corruption, Nigeria’s education and social services systems have suffered from lack of funding, industry has idled, and Africa’s largest oil producer suffers periodically from severe fuel and electricity shortages. When Goodluck Jonathan assumed power in February 2010 from the ailing President Yar’Adua, he made public commitments to “restoring Nigeria’s image” abroad, both by continuing to act as a key partner in regional peace and counterterrorism efforts, and by ending the “culture of impunity” in Nigeria in terms of corruption and human rights concerns.37 He vowed to continue President Yar’Adua’s various reform initiatives. Those efforts are discussed below. Reforms to the Petroleum and Energy Sectors Nigeria’s economy depends heavily on its oil sector, and for decades, as the country’s extractive industries grew, many of its other industries stagnated or declined. According to the World Bank, oil and gas production accounts for almost 80% of government revenues and 95% of export earnings. Despite increased deepwater oil production, persistent conflict and criminality in the oil-producing Niger Delta region and swings in world oil prices have threatened Nigeria’s fiscal outlook for much of the past decade. Economists suggest that the economy continues to underperform because of poor infrastructure and electricity shortages, although the performance of the manufacturing and telecommunications sectors is improving. Agricultural production contributes over one-third of GDP, but less than 5% of exports. President Jonathan has stressed his commitment to reforming the oil and gas industry. In 2007, the government announced plans to restructure the Nigerian National Petroleum Corporation (NNPC), which oversees regulation of the industry and has been criticized for its lack of transparency. Nigeria’s oil and gas sector has long been a focal point for corruption charges, and numerous government officials have been accused of taking bribes in exchange for approving deals with foreign firms. President Yar’Adua appointed a committee to review Nigeria’s contracts with foreign oil companies, a process through which the committee chair suggested, “We may have to reconsider some of our generous terms.”38 President Jonathan appointed Nigeria’s first female oil minister, Diezani Allison-Madueke, a former executive with Royal Dutch Shell, in 2010. She is leading the administration’s efforts to press parliament to pass the ambitious Petroleum Industry Bill (PIB), which would restructure the NNPC and reportedly increase transparency within the industry. Nigeria was designated compliant with the Extractive Industries Transparency Initiative (EITI), a global standard for transparency in the oil, gas, and mining sectors, in March 2011. 36 The UNDP index is a composite measure of life expectancy, adult literacy and school enrollment, and income. President Jonathan has referred to Nigeria’s “culture of impunity” in several speeches, including one quoted in “Again, We’ve Succeeded in Moving Nigeria Forward - Jonathan,” Daily Champion (Lagos), February 10, 2010. 38 Matthew Green, “Nigeria Considers Oil Contracts Review,” Financial Times, October 23, 2007. 37 Congressional Research Service 9 Nigeria: Elections and Issues for Congress Despite its position as one of the world’s largest exporters of oil, Nigeria imports an estimated $10 billion in refined fuel annually, and it continues to face a nationwide power crisis. In an effort to increase its refining capacity, the government has granted permits for the construction of several independently owned refineries. The government aims to halt oil imports by 2020. In 2010, with two of Nigeria’s existing four oil refineries running at only 60% capacity, the NNPC signed a $23 billion agreement with China for the construction of three new refineries.39 In addition to its oil reserves, Nigeria has the ninth-largest natural gas reserves in the world and the largest in Africa, but to date they have provided little benefit to the Nigerian economy. Many of Nigeria’s oil fields lack the infrastructure to produce natural gas. The government has repeatedly set deadlines for oil companies to stop flaring gas at oil wells, estimated at roughly one-third of annual production and $2.5 billion in lost revenue, but significant flaring has continued.40 In March 2011, President Jonathan announced a series of new agreements to develop gas processing facilities as part of a “gas revolution” designed to create new jobs and revenues and to end flaring.41 Nigeria is in the process of increasing its liquefied natural gas (LNG) exports, which could surpass revenues derived from oil exports in the next decade. Nigeria now exports natural gas to Benin, Togo, and Ghana through the new West Africa Gas Pipeline. The initiative, led by Chevron, had been delayed due to supply shortages resulting from sabotage to production facilities in the Niger Delta. Reports suggest that gas supplies have increased as pipelines have been repaired since 2009. A decision by the Jonathan Administration in late 2011 to remove a fuel subsidy, which totaled almost $8 billion annually (roughly one-quarter of the government’s 2012 budget), was controversial domestically. In removing the subsidy, fuel prices doubled in early January 2012, leading to mass protests. The subsidy benefit has long been deemed unsustainable by economists, but in the face of a nationwide strike by unions, the government was forced to compromise and reinstate a partial subsidy. The Jonathan Administration plans to refocus funds from the subsidy cut on improving health, education, and the nation’s power supply. The Jonathan Administration has pledged to increase Nigeria’s electricity generation tenfold over the next decade; President Jonathan emphasized this as a key priority in his campaign. Efforts to privatize power stations and distribution companies are underway, despite objections from the country’s trade unions, but are behind schedule. The Obama Administration has praised the government for its progress thus far in rehabilitating the power sector,42 but its ability to deliver on its promises of improved supply will be a key test for President Jonathan. Financial Sector Reforms Successive Nigerian administrations have made commitments to economic reform, but their track record is mixed. According to the IMF, reforms initiated under the Obasanjo Administration and continued by his successors, most importantly the policies of maintaining low external debt and budgeting based on a conservative oil price benchmark to create a buffer of foreign reserves, 39 “Two Nigerian Refineries Running at 60 Pct Capacity,” Reuters, March 30, 2010. U.S. Energy Information Administration 41 “Jonathan Sets Agenda for Ending Gas Flaring,” BusinessDay, March 25, 2011. 42 U.S. Department of State, “U.S. Commends Nigerian Authorities on Power Sector Reforms,” January 14, 2011. 40 Congressional Research Service 10 Nigeria: Elections and Issues for Congress lessened the impact of the recent global economic crisis on Nigeria’s economy.43 Oil revenues above the benchmark price have been saved since 2003 in an Excess Crude Account (ECA), although the government drew substantially from the account in 2009-2010 in an effort to stimulate economic recovery. The ECA’s balance fell from $20 billion in early 2009 to less than $500 million in September 2010, but Nigerian officials report that the rise in the price of oil brought the ECA back above $2 billion at the end of 2010, and it has since risen to over $4 billion.44 The Jonathan Administration’s efforts to create a sovereign wealth fund, which would draw seed money from the ECA, have met with some resistance from the state governors. The country has made significant gains in the past decade in paying down its external debt, which declined from 36% of GDP in 2004 to under 3%, freeing funding for programs aimed at poverty reduction and reaching the country’s Millennium Development Goals (MDGs). Like his predecessors, President Jonathan has committed his Administration to reforms that aim to fuel development. In mid-2011 he appointed World Bank managing director Ngozi OkonjoIweala, who led efforts to reduce Nigeria’s debt while serving as finance minister under President Obasanjo, to resume her former post at the finance ministry. Jonathan has retained Lamido Sanusi as governor of Central Bank of Nigeria. He has led efforts to modernize the country’s banking system, pushing reforms to tighten banking supervision. In late 2009 he instituted new regulations that require banks to report large cash transactions between accounts if one of the account holders is considered to be “politically exposed.” Bank audits ordered by Sanusi in 2009 found 10 banks near collapse due to reckless lending; most of the banks’ top executives were fired. The government provided $4 billion in 2009 to rescue the banks, and in late 2010, under pressure from Sanusi, the legislature approved the establishment of the Asset Management Company of Nigeria (AMCON) to buy bad bank loans in exchange for government bonds, in an effort to get the banks lending again. AMCON is jointly funded by the central bank and the finance ministry. Some Nigerian legislators believe the central bank overstepped its authority in rescuing the banks. By some estimates it may take a decade for AMCON to divest its toxic assets.45 Efforts to Combat Corruption According to the U.S. State Department, corruption in Nigeria is “massive, widespread, and pervasive.”46 Nigeria’s ranking on Transparency International’s Corruption Perceptions Index has consistently worsened in the past three years, after momentarily improving in 2008 following President Yar’Adua’s victory.47 Human Rights Watch suggests that the country’s political system rewards rather than punishes corruption, which has been fueled by oil revenues for decades.48 Nigeria also has one of the world’s highest incidences of cyber crime, including “419 scams,” sonamed for the country’s penal code that outlaws fraudulent e-mails. Observers suggest that the 43 International Monetary Fund, “Staff Report for the Article IV Consultation with Nigeria,” January 27, 2011. The price benchmarks set by the Nigerian government are $58/barrel for 2011, $60 for 2012, and $62 for 2013. 44 EIU, “Nigeria,” Country Reports, March 2011 and November 2011. 45 AMCON bought non-performing loans from 9 rescued banks and margin loans from 12 other domestic banks. 46 U.S. State Department, “Nigeria,” Country Report on Human Rights Practices 2009, March 2010. 47 The Corruption Perceptions Index measures the perceptions of business people and country analysts regarding the degree of corruption among public officials and politicians. A high score indicates greater levels of corruption. 48 HRW, Corruption on Trial?, August 25, 2011. Congressional Research Service 11 Nigeria: Elections and Issues for Congress country’s development will continue to be hampered until it can reverse its perceived “culture of impunity for political and economic crimes.”49 According to the Economic and Financial Crimes Commission (EFCC), a Nigerian law enforcement agency created in 2003 to combat corruption and fraud, more than $380 billion has been expropriated by the country’s political and military leaders since oil sales began in the 1970s.50 Former dictator Sani Abacha reportedly stole more than $3.5 billion during his five years in power. Switzerland was the first country to repatriate stolen funds to Nigeria, some of which have been used by the government toward meeting the country’s Millennium Development Goals. The Nigerian government has recovered other funds stolen by Abacha and his family from several European countries, but some Abacha funds remain frozen in other European accounts. The Obasanjo Administration won praise for its efforts to combat corruption, but some observers suggest that the former head of state also used corruption charges to sideline critics and political opponents. EFCC investigations resulted in the arrest of more than 2,000 Nigerians for illegal email scams and in over 130 convictions for fraud during Obasanjo’s tenure.51 The International Crisis Group suggests that the EFCC was “used as a political weapon to whip political foes, especially state governors likely to stand for the presidency and their supporters, into line.”52 President Yar’Adua, reportedly a devout Muslim, campaigned on an anti-corruption platform; in 1999 he became the first governor to publicly declare his assets. Upon taking the presidency, he ordered the review of all privatization agreements approved by former President Obasanjo, amid charges of corruption associated with the sales, and subsequently reversed several contracts. President Yar’Adua moved to distance himself from the former president, dismissing many of Obasanjo’s political appointees and military leaders in late 2008 and overturning several key government contracts made by the former administration. In December 2008, he proposed that the National Assembly amend the constitution to remove the immunity clause that prevents the president, vice president, governors, and deputy governors from being prosecuted for corruption while in office. His proposal was not adopted. Human Rights Watch has called on the Jonathan Administration to reform the EFCC to increase its independence. According to the group, the anti-corruption body has suffered from executive interference that has undermined its investigations and derailed prosecutions, and the EFCC chairman “remains deeply vulnerable to the whims of the president and lacks security of tenure.”53 The transfer and eventual dismissal of the EFCC’s first chairman, Nuhu Ribadu, in late 2007, drew widespread criticism from the international donors. 54 Ribadu’s successor, a former high-ranking police officer, Farida Waziri, was dismissed by President Jonathan in late 2011. 49 International Crisis Group, “Want in the Midst of Plenty,” Africa Report No. 113, July 19, 2006. “Strong Convictions: Nigeria’s First Anticorruption Czar,” Christian Science Monitor, February 8, 2007. 51 “Strong Convictions: Nigeria’s First Anti-Corruption Czar,” Christian Science Monitor, February 8, 2007. 52 ICG, “Nigeria’s Elections: Avoiding A Political Crisis,” Ibid. 53 HRW, Corruption on Trial? The Record of Nigeria’s Economic and Financial Crimes Commission, August 2011. 54 Matthew Green, “Nigerian Anti-Graft Police Arrest Governor,” Reuters, January 22, 2008. Some questioned whether Ribadu’s removal from office was linked to effort to prosecute former Delta State Governor James Ibori, one of Yar’Adua’s primary financial contributors. Ibori’s case was dropped by a federal judge in late 2009.The EFCC obtained a new warrant for his arrest in April 2010, charging that he had embezzled over $250 million. Ibori eluded capture and fled Nigeria for Dubai, where he was arrested by Interpol in May 2010. He was extradited in April 2011 to the United Kingdom, where he has been charged with money laundering. 50 Congressional Research Service 12 Nigeria: Elections and Issues for Congress Several multinational corporations have been investigated for paying bribes in Nigeria. In 2007, the German telecom giant Siemens was found guilty in a German court of paying an estimated 10 million euro in bribes to Nigerian officials. Bribes allegedly paid in relation to a Nigerian natural gas project by the U.S. firm Halliburton, France’s Total, and Italy’s Eni are being investigated in several countries, including France, Nigeria, Japan, and the United Kingdom. Halliburton and its subsidiary Kellogg, Brown, and Root, Inc. (KBR) reached a $177 million settlement with the U.S. Securities and Exchange Commission in 2009 related to the case; KBR paid a $402 million fine to settle Justice Department charges.55 Nigeria’s EFCC brought charges against former U.S. Vice President Dick Cheney in early December 2010 based on his tenure as chief executive of Halliburton, but later dropped them after the company agreed to pay $250 million in fines. Social Issues and Security Concerns Islamic Sharia Law Nigeria is home to Sub-Saharan Africa’s largest Muslim population. The north is predominately Sunni Muslim, and 12 northern states have adopted Islamic sharia law since 1999 to adjudicate criminal and civil matters for Muslims.56 Non-sharia based common law and customary law courts adjudicate cases involving non-Muslims in these states, and sharia-based criminal law courts are elective for non-Muslims. In some states, the introduction of sharia was a flashpoint between Muslims and Christians. The State Department reports that sharia “technically does not apply to non-Muslims in civil and criminal proceedings,” although observers note that Islamic mores are often enforced in public without regard for citizens’ religion. In some areas, statefunded vigilante groups known as hisbah patrol public areas and attempt to enforce sharia-based rulings. Many analysts nonetheless see the interpretation and implementation of Nigerian sharia as moderate in comparison to that of some other Muslim-majority countries. Sectarian Violence in Nigeria’s Middle Belt The U.S. Commission on International Religious Freedom has recommended since 2009 that Nigeria be classified as a “Country of Particular Concern” for religious freedom violations. It is not currently designated as such by the Secretary of State. According to the Commission, as many as 13,000 Nigerians have been killed since 1999 in sectarian violence, and the commissioners have based their recommendation on their belief that the Nigerian government is tolerating the violence. The Commission’s 2011 report notes some progress by the government, however, citing the first prosecutions, in late 2010, against perpetrators of religious violence in more than a decade.57 The State Department, in its annual Religious Freedom report, states that “the government generally respected religious freedom in practice, although some local political actors stoked communal and sectarian violence with impunity.”58 55 “Halliburton, KBR Paying $547 Million in Bribery Settlement,” Market Watch, February 11, 2009. Nigerian law protects freedom of religion and permits states to establish courts based on common law or customary law systems. Non-sharia based common law and customary law courts adjudicate cases involving non-Muslims in these states, and sharia-based criminal law courts are elective for non-Muslims. 57 U.S. Commission on International Religious Freedom, Annual Report 2011, May 2011. 58 U.S. Department of State, July-December 2010 International Religious Freedom Report, September 13, 2011. 56 Congressional Research Service 13 Nigeria: Elections and Issues for Congress Sectarian violence continues to be a particular problem in Jos, the capital of Plateau State in central Nigeria, which sits between the predominately Muslim north and Christian south. Clashes among communities in this culturally diverse “Middle Belt” in the past decade reflect tensions that are both religious and ethnic, and which have been exacerbated by some local politicians. These tensions stem from a competition over resources—land, education, government jobs— between ethnic groups classified as settlers or “indigene” (original inhabitants of the state), a designation that conveys political and economic benefits. In Jos, the mostly Christian Berom are considered indigene, and the predominately Muslim Hausa-Fulani, who were traditionally nomadic and pastoralist, are not. In 2010, the Nigerian government established a special task force composed of both military and police to restore stability in the state; periodic outbreaks of violence have nonetheless continued. Boko Haram and Militant Islam in Nigeria59 Boko Haram, a violent Islamist group in northern Nigeria, has grown increasingly active. While its attacks have not exclusively focused on Christian targets, actions attributed to the group are fueling religious tensions in Nigeria, and may more broadly have the effect of delegitimizing the state. Some observers have also raised concerns that Boko Haram members may be expanding ties with more developed violent Islamist groups on the continent. The group emerged in the early 2000s as a small, radical Sunni Islamic sect that advocated a strict interpretation and implementation of Islamic law for Nigeria. Calling itself Jama’a Ahl as-Sunna Li-da’wa wa-al Jihad (JASLWJ; roughly translated from Arabic as “People Committed to the Propagation of the Prophet’s Teachings and Jihad”), the group is more popularly known as Boko Haram (“Western education is forbidden”), a nickname given by local Hausa-speaking communities to describe its view that western education and culture have been corrupting influences. It engaged in periodic skirmishes with police during its formative years, but the group’s activities were limited in scope and contained within several highly impoverished states in the predominately Muslim northeast. In July 2009, the Nigerian government’s attempts to stop Boko Haram’s attacks on police stations and other government buildings resulted in at least 700 deaths. In the course of that violence, the group’s leader, Mohammed Yusuf, a charismatic young cleric who had studied in Saudi Arabia, 60 was killed while in police custody. A sizeable number of Yusuf’s followers were also killed or arrested. The group appeared to dissipate after the heavy-handed security crackdown, but reemerged a year later, orchestrating a large-scale prison break in September 2010 that freed 700 prisoners, including more than 100 of its own members. The group’s attacks have since increased substantially in frequency, reach, and lethality, now occurring almost daily in northeast Nigeria, and periodically beyond. It has primarily focused its attacks on state and federal targets, but has also targeted civilians in churches, mosques, and beer halls. Bank robberies have also been attributed to the group and may contribute to its financing, although Nigerian authorities warn that criminal groups may also be opportunistically posing as Boko Haram militants. By most accounts, Boko Haram is not a monolithic organization. According to U.S. government sources, the core group of Boko Haram militants may number in the hundreds, but the group also draws support from a broader following of several thousand Nigerians, primarily from the 59 For more information on Boko Haram, see Congressional Research Service testimony before a hearing of the House Homeland Security Subcommittee on Counterterrorism and Intelligence, “Boko Haram: Emerging Threat to the U.S. Homeland?” November 30, 2011. 60 “Islamic Death ‘Good for Nigeria’,” BBC, July 31, 2009. Congressional Research Service 14 Nigeria: Elections and Issues for Congress northeast. Some observers suggest that attacks attributed to Boko Haram may actually be the work of several different groups, noting variations in the tactics and bomb-making styles employed in recent attacks. Others suggest Boko Haram may be susceptible to fracturing, with a segment of the leadership working to build ties with the international Al Qaeda franchise while most other elements of the group remain focused exclusively on a local agenda. Since its reemergence, Boko Haram has appeared increasingly committed to acts that aim to discredit and delegitimize the Nigerian state by exposing the weakness of its security apparatus and creating generalized insecurity. Attacks attributed to the group since 2010 have increasingly featured improvised explosive devices (IEDs), car bombs, and, more recently, suicide attacks. According to Human Rights Watch, more than 425 people, including politicians, community and religious leaders, members of the security forces, and civilians have been killed in attacks 61 attributed to Boko Haram. The bombing of the U.N. building in Abuja on August 24, 2011 has put Boko Haram under increased international scrutiny. The targeting of the United Nations marks a major departure from the group’s previous focus on domestic targets. It was also Boko Haram’s first clearly intentional suicide bombing. Spokesmen for the group claimed the attack was retribution for the state’s heavy-handed security response against its members, referencing U.S. and international “collaboration” with the Nigerian security apparatus as rationale for targeting the U.N. The bombing may indicate an aspiration by some in Boko Haram to move beyond local politics toward an international jihadist agenda, or it may be part of an effort to elicit backing from international jihadists for the group’s domestic agenda. Boko Haram currently appears to pose more of a threat to local stability than to the country as a whole. Nevertheless, there are concerns that it may seek to align itself with more developed violent Islamist groups. The regional AQ affiliate Al Qaeda in the Islamic Maghreb (AQIM) has publicly offered the group assistance.62 The attempted terrorist attack on an American airliner by a Nigerian passenger, Umar Farouk Abdulmutallab, on December 25, 2009 has also contributed to concerns regarding the possible radicalization of Nigerian Muslims. According to reports, Abdulmutallab, son of a respected Nigerian banker and former government minister, became “radicalized” while living abroad, most recently in Yemen, and Al Qaeda in the Arabian Peninsula (AQAP) claims to have sponsored his attempt to detonate an explosive device while onboard a flight bound from Amsterdam to Detroit. The attempted bombing, allegedly scheduled to coincide with Christmas Day, raised questions regarding airport security in both the Netherlands and Nigeria, where Abdulmutallab’s journey began. Both countries began using full body scanners in their international airports in 2010. The attempt also led to increased screening measures at airports around the world. In January 2010, the Department of Homeland Security (DHS) announced that passengers flying to the United States who are citizens of 14 countries deemed to be either “state sponsors of terrorism” or “countries of interest” would be subject to additional screening, including compulsory “patdowns.” Nigeria was among five African countries, including Algeria, Libya, Sudan, and Somalia, included in the new regulation, and the Nigerian government protested the rule as discriminatory.63 In April 2010, DHS announced new security measures for screening all 61 Human Rights Watch (HRW), “Nigeria: Boko Haram Attacks Indefensible,” November 8, 2011. “Fertile Ground: The Potential for Jihad in Nigeria,” Jane’s Intelligence Review, September 2010. 63 “Nigeria Criticizes ‘Unfair’ US Air Passenger Screening,” BBC, January 4, 2010. 62 Congressional Research Service 15 Nigeria: Elections and Issues for Congress passengers on international flights to the United States, superseding the regulations that specifically targeted Nigerians for further screening.64 Abdulmutallab’s actions are considered by most to be an isolated incident. Many observers stress that, by all accounts, his radicalization and training took place outside Nigeria. Nevertheless, the expansion of conservative Sunni Islamist movements and clashes between security forces and Islamist sects in northern Nigeria have raised concerns among some observers and officials that other Nigerians may be susceptible to recruitment by Al Qaeda or other groups hoping to use violence against government or civilian targets in Nigeria or abroad. Many Nigerian experts caution, however, that a heavy-handed security response to the Boko Haram threat in the northeast may further alienate local communities and possibly facilitate extremist recruitment. Conflict in the Niger Delta Background of the Struggle Oil from the southern Niger Delta region has accounted for over 75% of the country’s oil production since the 1970s, and the area’s political history has been one of conflict and marginalization. The Delta is home to more than 30 million people. Among them are the Ogoni, an ethnic minority whose members have received international attention for their efforts to highlight the extensive environmental damage done by oil extraction in the region. In 1994, author and activist Ken Saro-Wiwa, president of the Movement for the Survival of the Ogoni People (MOSOP), and 14 others were accused of involvement in the murder of several prominent Ogoni politicians. They pled not guilty, but Saro-Wiwa and eight others were convicted and sentenced to death in 1995. Their executions sparked international outrage against the regime of dictator Sani Abacha, who was accused of extensive human rights abuses. The United States recalled its ambassador in response. In 2009, Shell established a trust fund to benefit the Ogoni people, part of a $15.5 million settlement in a New York court case related to the 1995 executions. The company maintains that it played no role in the executions or other abuses. Criminality and Violence Nigeria’s oil wealth has been a source of continuing political tension, protest, and criminality in the Delta, where most of the country’s oil presently originates. The conflict has been linked to the vandalism of oil infrastructures; massive, systemic production theft known as “oil bunkering,” often abetted by state officials; protests over widespread environmental damage caused by oil operations; hostage taking; and public insecurity and communal violence. Several thousand people have been killed in pipeline explosions in southeast Nigeria since the late 1990s. These explosions are triggered when people siphon off oil from holes punched in the above-ground pipeline for personal use, resulting in a reported loss of some 100,000 barrels of oil per day. In 1998, militants from the Delta’s largest ethnic group, the Ijaw, initiated “Operation Climate Change,” triggering violent conflict between the Ijaw and the Nigerian military and disrupting oil production in the region. Threats of an “all out war” against the government and the oil companies by Mujahid Dokubo-Asari, one of the leaders of that group, reportedly played a role in 64 DHS, “Secretary Napolitano Announces New Measures to Strengthen Aviation Security,” April 2, 2010. Congressional Research Service 16 Nigeria: Elections and Issues for Congress an unprecedented rise in the world price of oil in 2004.65 The group later called off the threat after negotiations with the government. Dokubo-Asari then led a new rebel movement, the Niger Delta People’s Volunteer Force (NDPVF), in a series of attacks against government forces and threats against foreign oil workers. The NDPVF demanded autonomy for the region and a share of oil revenues. An estimated 500 people were reportedly killed in the ensuing violence, according to Amnesty International. Dokubo-Asari was arrested in 2005 and charged with plotting to overthrow the government. He was released on bail in 2007, allegedly because of failing health, and upon his release he reportedly denounced the practice of hostage-taking and subsequently assisted in the government’s negotiations with militants. Militants in the Delta also rallied around former Bayelsa State Governor Diepreye Alamieyeseigha, who was impeached in late 2005. British authorities had charged Alamieyeseigha with money laundering when he visited London earlier that year. The former governor, who returned to Nigeria, was found guilty of money laundering and embezzlement in 2007, but was later released by President Yar’Adua on a plea bargain to help advance peace talks. The British government has returned over $2 million in assets allegedly stolen by Alamieyeseigha to Nigerian authorities. A new rebel group, the Movement for the Emancipation of the Niger Delta (MEND), emerged in late 2005, using kidnappings to bring international attention to its cause and to demand that the government release various regional figures, including Dokubu-Asari and Alamieyeseigha. Conflict between the Delta’s militants and the Nigerian military subsequently escalated, and the kidnapping of foreign oil workers increased exponentially. Media reports suggest over 300 foreigners, including several American citizens, were kidnapped between 2006 and 2009. Attacks on oil facilities by militant groups like the MEND have periodically cut Nigeria’s oil production by as much as 25%, and analysts partially blame supply disruptions in Nigeria for periodically raising the world price of oil.66 According to the State Department’s Coordinator for International Energy Affairs, “If Nigeria was to produce oil at capacity, it would play a major role in helping to lower and stabilize world oil prices.”67 Nigeria’s deep-water production has proven vulnerable to militant attacks as well, and the threat of sea piracy is high. According to some estimates, up to 10% of Nigeria’s oil is stolen every year, and criminal activities in the region have reportedly been used to fund local political campaigns.68 From 2007 through mid-2009, militant activity in the Delta was punctuated with periodic ceasefires and negotiations with the government. Acts of sabotage by the MEND and other militant groups increased in early 2009, cutting oil production by approximately 273,000 barrels per day. In May 2009, Nigeria’s Joint Task Force (JTF), a special combined military and police unit established in 2004 to restore order in the Delta, launched a new offensive against the militants. The ensuing fight, combined with JTF air and land strikes against militant camps, displaced thousands, according to Amnesty International.69 Armed conflict between security forces and militia has decreased in the aftermath of an amnesty program, although periodic skirmishes continue. 65 “Pumping Up the Oil Price; the Price of Oil,” The Economist, October 1, 2004. See, for example, “Oil Steady Over 70 USD as Concerns about US Gasoline Supply, Nigeria Continue,” AFX News Limited, May 22, 2007, and “Assault at Gas Pumps Related to Attacks on Nigerian Pipelines,” CNN, May 23, 2008. 67 David L. Goldwyn, testimony before the Senate Committee on Foreign Relations’ Subcommittee on African Affairs, Washington, D.C., September 24, 2008. 68 HRW, Criminal Politics: Violence, “Godfathers” and Corruption in Nigeria, Vol. 19, No. 16(A), October 2007. 69 Amnesty International, “Hundreds Feared Dead and Thousands Trapped in Niger Delta Fighting,” May 22, 2009. 66 Congressional Research Service 17 Nigeria: Elections and Issues for Congress Amnesty Offer for Delta Militants In June 2009, President Yar’Adua extended an offer of amnesty to Delta militants; those who surrendered their weapons, renounced violence, and accepted rehabilitation by October 2009 would be granted a presidential pardon, along with cash and job training. Within days, five militant groups had announced their intention to accept amnesty. MEND initially rejected the president’s gesture, but in July, after jailed MEND leader Henry Okah, who had been arrested in 2007 in Angola and extradited to Nigeria, was pardoned, the group announced a ceasefire. While MEND has not collectively accepted the amnesty offer, several of its purported leaders have. According to Nigerian government estimates, 15,260 “militants” accepted the amnesty and turned in weapons by the October 2009 deadline; almost 20,200 self-declared militants had been demobilized by late 2011. President Jonathan has pursued efforts to establish job training centers in the Delta, a key pledge in the second phase of the amnesty and reconciliation plan, which focuses on the rehabilitation of militia members. The government’s ability to deliver on promised infrastructure improvements and job creation will be critical to addressing regional grievances. Security in the Delta has improved in the wake of the amnesty offer, and oil output has increased to over 2.4 million barrels per day, but observers warn that unless the root causes of the conflict are addressed, the region will remain volatile.71 MEND, citing outstanding grievances, has continued to periodically claim responsibility for attacks, including explosions in Abuja in October 2010 that killed 10 people. A MEND spokesman claimed that the group had warned officials prior to the bombings to avoid loss of life. Who are the MEND? The identity and composition of MEND has changed since it first emerged in 2005. Various militant groups in the Niger Delta have claimed actions under the name of MEND, and analysts suggest that it is now an umbrella group with a decentralized structure. Several high-profile militant commanders, including Soboma George, Ateke Tom, and Government Ektemupolo (alias Tompolo), who were rumored to be among MEND’s senior leadership, accepted the President Yar’Adua’s amnesty offer in 2009, raising questions about the group’s current cohesiveness.70 Efforts to Address Environmental and Development Challenges Oil production in the Delta has caused major damage to the area’s fragile riverine ecosystem, and ultimately to the livelihoods of its inhabitants.72 Reports on the amount of crude leaked into the Delta’s fragile ecosystem vary significantly and there is no accurate measure, but millions of barrels of oil are believed to have been spilled since oil production began in Nigeria.73 Gas flares, which burn unwanted natural gas during oil drilling, have plagued the Delta with acid rain and air pollution. This pollution has severely limited locals’ access to clean water, and has largely destroyed the fishing stocks the majority of Delta inhabitants depended on to make a living.74 In 2006, Shell Oil, which has the largest production capacity of the oil companies in Nigeria, was ordered by a Nigerian federal court to pay $1.5 billion to compensate local communities for 70 Soboma George was killed in August 2010, reportedly by men he had hired to kill two politicians in the region. “In Niger Delta, Uneasy Peace as Rebel Disarmament Dates Nears,” Washington Post, July 27, 2009. 72 Amnesty International, Petroleum, Pollution, and Poverty in the Niger Delta, June 2009. 73 Amnesty International, Petroleum, Pollution, and Poverty in the Niger Delta, Ibid.; UNDP, Niger Delta Human Development Report, 2006; Jonathan Brown, “Niger Delta Bears Brunt After 50 Years of Oil Spills,” The Independent (London), October 26, 2006; Popken, Ben, “BP Gulf-Sized Spilling Occurs in Nigeria Annually, but Nobody Cares,” The Consumerist.com, June 15, 2010. 74 ICG, “Fueling the Niger Delta Crisis,” Africa Report No. 118, September 28, 2006. 71 Congressional Research Service 18 Nigeria: Elections and Issues for Congress environmental damage. President Yar’Adua announced in 2008 that Shell would be replaced by another company in the oil fields of Ogoniland.75 The U.S. Supreme Court is scheduled to consider a suit filed by Ogoni residents against Shell for complicity in torture and other crimes against humanity in 2012; their case is based a 200-year-old law used in recent years to sue corporations for alleged abuses abroad. Under President Yar’Adua, the government took several important initial steps to engage the Delta’s disaffected communities, efforts that activists hope the Jonathan Administration will expand. An unprecedented 20% of Yar’Adua’s first federal budget proposal, for 2008, was allocated for security and development projects in the Delta, although activists expressed concern that the amount allocated for security far outweighed funds for development.76 The government has continued to allocate significant financing for “post-amnesty” interventions and development projects in the region, targeting transport, education, and health infrastructure. Concerns remain regarding the government’s ability to spend the funds effectively. Most observers agree that the crisis in the Delta must ultimately be solved politically, rather than militarily, but there is considerable disagreement on the details of such a solution. The current federal system provides states with a 13% share of local revenues (predominately from oil sales). Groups like MEND argue that the states should receive a 50% share, as was stipulated in the 1960 constitution. A technical committee nominated by President Yar’Adua to identify policies to stimulate development and improve security in the Delta region issued a report in December 2008. In the report, the committee advocated raising the share of oil revenues allocated to the oilproducing states to 25%. Some analysts suggest that corruption within the state governments is so high that the local populations would see little improvement even if the state share were raised. Some of the oil-producing states have reported revenues of $1 billion per year but have dismal records of development or service delivery.77 Other analysts question what effect a change in revenue allocation might have on the northern states, several of which have lower development indicators than those in the Delta. In late 2009, President Yar’Adua proposed transferring 10% of the revenues from the government’s oil and gas joint ventures to local Delta communities. In September 2008, President Yar’Adua created a new cabinet-level Ministry for Niger Delta Affairs. The position was intended to build on development plans started under the Obasanjo Administration in 2007 under the auspices of the Niger Delta Development Corporation (NDDC), established in 2000 to improve social and environmental conditions in the Delta. Improvements in infrastructure and education were identified as areas of major focus for Obasanjo’s 15-year, $50 billion plan.78 In his first year in office, President Yar’Adua doubled the budget for the NNDC, to $566 million. Some observers have raised concerns that the ministry’s programs and those of the NDDC, which is intended to be a part of the ministry, may be duplicative. Some analysts suggest that given the level of corruption endemic in the Delta, the international community should work with the Nigerian government to establish a new development fund that would have independent oversight. New opportunities for foreign investment in the Delta could also contribute to improvements in the region, although unrest may deter investors. 75 “Nigeria’s Removal of Shell Hailed,” BBC News, June 5, 2008. “Nigeria’s Pledge to Increase Niger Delta Spending Elicits Skeptical Response,” VOA News, November 11, 2007. 77 “Blood and Oil,” The Economist, March 15, 2007. 78 “Nigeria Launches New Development Plan for Niger Delta,” Voice of America, March 27, 2007, and “New Hope for Old ‘Master Plan’ on Niger Delta,” IRIN, November 19, 2007. 76 Congressional Research Service 19 Nigeria: Elections and Issues for Congress Effects on the Oil Industry and the World Market Nigeria has an estimated oil production capacity of three million barrels per day (bpd), but output has struggled to meet capacity. Instability, criminality, and oil leaks in the Delta have cut output by one-fifth since 2006. Nigeria’s production now averages 2.4 million bpd, but prior to the 2009 amnesty offer output fell below two million bpd. The threat of a renewed militant campaign against oil targets in the Delta could affect the price of oil on the world market. A longer and more sustained disruption of Nigeria’s oil supply, particularly if combined with the disruption of another major supplier’s product, could have a significant impact on the world economy. Abuses by Security Forces Nigerian security forces, particularly the police, have been accused of serious human rights abuses, and activists suggest that the government has done little to address issues of impunity and corruption within the Nigerian Police Force.79 In 2007, the U.N. Special Rapporteur on Torture reported that “torture is an intrinsic part of how law enforcement services operate within the country,” and called on the Nigerian government to criminalize the practice.80 The State Department’s annual human rights reports on Nigeria document numerous instances of “politically motivated and extrajudicial killings by security forces, including summary executions … torture, rape and other cruel, inhuman, or degrading treatment of prisoners, detainees, and criminal suspects,” and a variety of other offenses. In its reporting, the State Department noted serious abuses by both police and soldiers related to the July 2009 Boko Haram uprising and referenced “credible media reports” claiming that police executed the group’s leader. Nigerian officials have acknowledged some abuses; in 2010 the country’s police minister called the situation “condemnable and unacceptable.”81 Nigeria’s prison system has also drawn criticism; Amnesty International has alleged that more than half of the country’s inmates had never been convicted of a crime, some awaiting trial for up to 10 years.82 HIV/AIDS, Education, and Population Growth Nigeria’s HIV/AIDS prevalence rate of 3.6% is relatively low in comparison to Southern African nations with adult seropositivity rates of 10 to 25%. However, the West African nation comprises nearly one-tenth of the world’s HIV/AIDS infected persons with an estimated 3.3 million infected people, the largest HIV-positive population in the world after South Africa. Nigeria’s population is expected to double by the year 2025, which is likely to multiply the spread of HIV. In addition to the devastation HIV/AIDS continues to cause among Nigeria’s adult population, over 40% of the current population is under the age of 15. With almost a third of primary-school-aged children not enrolled in school and a large number of HIV/AIDS-infected adults, Nigeria faces serious challenges and significant obstacles in the education and health care sectors. 79 Recent reports on abuses include Arbitrary Killings by Security Forces, by Human Rights Watch; Killing at Will: Extrajudicial Executions and Other Unlawful Killings by the Police in Nigeria, by Amnesty International; and Criminal Force: Torture, Abuse, and Extrajudicial Killings by the Nigerian Police Force, by the Open Society Justice Initiative and the Network of Police Reform in Nigeria. 80 United Nations Press Release, “Special Rapporteur on Torture Concludes Visit to Nigeria,” March 12, 2007. 81 “Nigeria Condemns Police ‘Killing’,” BBC, March 5, 2010. 82 Amnesty International, “Nigeria: Criminal Justice System Utterly Failing Nigerian People; Majority of Inmates Not Convicted of Any Crime,” February 26, 2008. Congressional Research Service 20 Nigeria: Elections and Issues for Congress International Relations Nigeria has been an important player in regional and international affairs since the 1990s, although domestic challenges may distract the Jonathan Administration from playing a more robust regional role in the near term. The government has mediated political disputes in Togo, Mauritania, Liberia, Sudan and Cote d’Ivoire. Nigeria was critical of the international community for “contradictions” in its reaction to the recent crises in Cote d’Ivoire and Libya, questioning the comparatively robust Western response to protect civilians in Libya.83 Nigerian troops have played a vital role in peacekeeping operations in Sierra Leone and Liberia. Nigerian police, military observers, and experts are also deployed in U.N. missions in Cote d’Ivoire, the Democratic Republic of Congo, Haiti, Timor-Leste, Sudan, South Sudan, and Western Sahara. The country is one of 12 members of the Organization of the Petroleum Exporting Countries (OPEC), and Nigeria is a key member of the Economic Community of West African States (ECOWAS). The United States is the top destination for Nigerian exports, followed by India, Brazil, Spain and France. China is the lead source for Nigerian imports, followed by the United States, the Netherlands, South Korea, and the United Kingdom.84 Nigeria has become a top destination for Chinese investment on the continent. Issues for Congress Administration Policy on Nigeria After a period of strained relations in the 1990s, when Nigeria was under a military dictatorship, U.S.-Nigeria relations steadily improved under President Obasanjo, and they have remained strong under Presidents Yar’Adua and Jonathan. The Bush Administration praised the Nigerian government’s improved budget practices, banking sector reforms, and efforts to eliminate the country’s foreign debt, although it remained critical of the country’s human rights record and questioned its commitment to ensuring free and fair elections. President George W. Bush visited the country in 2003, and First Lady Laura Bush visited Nigeria in 2006. Following the 2007 elections, though, the Bush Administration expressed concern with what it termed “a flawed election, and in some instances, deeply flawed.”85 Nevertheless, the State Department stressed the need to “engage,” rather than isolate, Nigeria to “nurture Nigeria’s fragile democracy.”86 President Barack Obama’s Assistant Secretary of State for African Affairs, Johnnie Carson, has referred to Nigeria as “probably the most important country in Sub-Saharan Africa.”87 President Obama has reiterated the importance of the U.S.-Nigeria relationship. He formally acknowledged the country’s role as a regional leader during a meeting with then-Acting President Goodluck Jonathan at the White House in April 2010. Hillary Rodham Clinton visited Nigeria in August 83 “Nigeria Lashes at World’s Focus on Libya While I. Coast Burns,” AFP, March 22, 2011. CIA, “Nigeria”, The World Factbook, last updated November 10, 2011. 85 “Governing Party Wins in Nigeria, but Many Claim Fraud,” New York Times, April 23, 2007. 86 Testimony of Assistant Secretary of State Jendayi Frazer before the House Subcommittee on Africa and Global Health, June 7, 2007. 87 U.S. Department of State, “Remarks by Ambassador Carson on Secretary Clinton’s Africa Trip,” July 30, 2009. 84 Congressional Research Service 21 Nigeria: Elections and Issues for Congress 2009 on her first visit to the continent as Secretary of State. Clinton’s discussions in Nigeria focused on regional security, democracy, corruption, and economic development. She stressed the need for electoral reform and expressed support for the government’s political approach toward resolving the conflict in the Niger Delta.88 The United States and Nigeria agreed in January 2010 to establish a binational commission on areas of mutual concern, as called for by Members of the House of Representatives in H.R. 2410, the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011. The first meetings of the commission, formally established in April following then-Acting President Jonathan’s participation in the Nuclear Security Summit in Washington, DC, were held in late May 2010. The commission is composed of four working groups that meet regularly: Good Governance, Transparency, and Integrity; Energy and Investment; Food Security and Agriculture; and Niger Delta and Regional Security Cooperation. U.S.-Nigeria Trade and Maritime Security Issues Nigeria is an important trading partner for the United States and is the largest beneficiary of U.S. investment on the continent. The country is eligible for trade benefits under the African Growth and Opportunity Act (AGOA). AGOA-eligible exports, nearly all of which are petroleum products, account for over 90% of Nigeria’s exports to the United States. Nigeria vies with Venezuela to be the United States’ fourth-largest source of imported oil (behind Canada, Mexico, and Saudi Arabia), depending on how much of its oil production is shut-in in any given month. U.S. imports account for over 40% of Nigeria’s total crude oil exports, making the United States Nigeria’s largest trading partner. U.S. energy companies may face increasing competition for rights to the country’s energy resources; China, for example, has offered Nigeria favorable loans for infrastructure projects in exchange for oil exploration rights. The NNPC signed an agreement with Russia’s Gazprom in 2009 to create a joint venture for oil and gas exploration. Nigeria has also signed an agreement in 2009 with Algeria and Niger to build a 2,500-mile pipeline across their territories to deliver gas to Europe, though its prospects are uncertain. Nigeria exports natural gas to neighboring countries through the new West Africa Gas Pipeline. Gulf of Guinea crude is prized on the world market for its low sulphur content, and Nigeria’s proximity to the United States relative to that of Middle East oil-producing countries makes its oil particularly attractive to U.S. interests. In 2005, the United States, Nigeria, and other interested partners initiated the Gulf of Guinea Energy Security Strategy, a forum through which participants would work to address challenges to oil production. Other regional and international initiatives focused on maritime security in the Gulf have followed.89 Nigeria’s waters have been named among the most dangerous in the world; the country ranked first in global pirate attacks until it was overtaken by Somalia in 2008, according to the International Maritime Bureau. Maritime piracy in Nigerian waters remains a major concern. Nigeria is also considered a growing transshipment hub for narcotics trafficking, and several Nigerian criminal organizations have been implicated in the trade. The U.S. Navy has increased its operations in the Gulf of Guinea in recent years to enhance security in the region and in 2007 launched a new initiative, the African Partnership Station (APS).90 APS deployments have included port visits to Nigeria and 88 U.S. Department of State, “Remarks With Nigerian Foreign Minister Ojo Maduekwe,” August 12, 2009. For further information on maritime and port security issues in the region, see, e.g., the Atlantic Council, Advancing U.S., African, and Global Interests: Security and Stability in the West African Maritime Domain, November 30, 2010. 90 Under APS, U.S. and partner naval ships deploy to the region for several months to serve as a continuing sea base of (continued...) 89 Congressional Research Service 22 Nigeria: Elections and Issues for Congress joint exercises between U.S., Nigerian, European, and other regional navies. Nigerian military personnel have also embarked as trainees, and a Nigerian naval captain has served as the APS Deputy Commander. U.S. Africa Command (AFRICOM) has maintained increased focus on maritime security in the region.91 Nigeria’s Role in Regional Stability and Counterterrorism Efforts Nigeria plays a significant role in peace and stability operations across Africa, as noted above, and the United States provides it with military training with an emphasis on professionalization and respect for human rights and civilian authority through a range of security assistance programs, including those focused on enhancing its peacekeeping capabilities. Bilateral cooperation on counterterrorism reportedly improved in the aftermath of the December 2009 airliner bombing attempt, although some government officials remain sensitive to perceived intrusion in domestic affairs. The Nigerian government has coordinated with the Department of Homeland Security, the Federal Aviation Administration, and the International Civil Aviation Organization to strengthen its security systems. Nigeria is also a participant in the State Department’s Trans Sahara Counterterrorism Partnership (TSCTP), a U.S. interagency effort that aims to increase border protection and regional counter-terrorism capabilities. The Nigerian parliament adopted new anti-terrorism legislation in February 2011 after a series of bombings in the country. The Obama Administration has urged the Nigerian government to balance its security response to the emerging threat of Islamic extremism with efforts to address some of the legitimate grievances voiced by northern communities. U.S. Assistance to Nigeria Nigeria is the second largest recipient of U.S. foreign assistance in Africa, following another strategic partner, Kenya, whose population is less than a third the size of Nigeria. The United States is the largest bilateral donor in Nigeria, providing it with over $616 million in foreign aid in FY2010 and $632 million in FY2011. Democratic governance, agriculture and economic reform, improved education and health services, professionalization and reform of the security services, and HIV/AIDS have been the main focus for U.S. assistance programs in recent years. Nigeria is a focus country under the President’s Emergency Plan for AIDS Relief (PEPFAR) and the President’s Malaria Initiative (PMI). The State Department’s FY2012 foreign aid request for Nigeria, which totals $660.5 million, includes approximately $588 million (89% of the total) in funding for HIV/AIDS and related health programs.92 In 2008, the State Department’s Office of the Inspector General (OIG) reported that: Exceptionally high funding levels for HIV/AIDS create a clear imbalance in the embassy program mix and present a skewed picture of U.S. policy priorities. In addition, this level of HIV/AIDS funding has unintended consequences for Nigeria’s broader health infrastructure, (...continued) operations and a “floating schoolhouse” to provide assistance and training to the Gulf nations. Training focuses on maritime domain awareness and law enforcement, port facilities management and security, seamanship/navigation, search and rescue, leadership, logistics, civil engineering, humanitarian assistance and disaster response. 91 For more information on AFRICOM and Nigeria’s response to the command’s creation, see CRS Report RL34003, Africa Command: U.S. Strategic Interests and the Role of the U.S. Military in Africa, by Lauren Ploch. 92 Congress passed H.R. 2055, the Consolidated Appropriations Act, 2012 (P.L. 112-74), in December 2011. The legislation cuts $6.15 billion from the President’s request. Final country-specific allocations have yet to be announced. Congressional Research Service 23 Nigeria: Elections and Issues for Congress monopolizing the country’s supplies of medical goods and services, including the qualified health professionals needed to meet Nigeria’s other health needs.93 Although AIDS-related interventions have composed the majority of health funding for Nigeria, the funds also target other health concerns, including maternal and child health, malaria, and tuberculosis. U.S. health assistance focused on tuberculosis aims to double the case detection rate and halve Nigeria’s incidence in the next decade. In addition to health programs, the State Department’s FY2012 foreign assistance request for Nigeria includes funding for an array of programs focused on economic growth, education, and good governance. U.S. economic and agriculture assistance supports programs that will increase productivity and build trade and investment capacity. This funding also aims to address climate change, including through efforts to increase the production of clean energy and reduce gas flaring. As the FY2012 request points out, one-third of Nigeria’s 30 million school-aged children are not enrolled in school, and the request includes over $15 million in basic education funding. The FY2012 request would further increase assistance for programs aimed at strengthening democratic governance in Nigeria, up from $9.5 million in FY2008, $16 million in FY2009, and $21 million in FY2010, to over $27 million for the upcoming fiscal year. USAID provided over $14 million to support the 2011 elections, which included funding for technical assistance to increase INEC capacity. The Administration has requested funding in FY2012 for new conflict mitigation programs to address extremism in the north and conflict in the Niger Delta. USAID has paired with Chevron on a four-year, $50 million program (of which USAID is contributing half) to improve agricultural development as well as civil society and governance capacity in the Delta. The State Department maintains 10 “American Corners,” located in libraries throughout the country, to share information on American culture and values with Nigerians. Table 1. State Department and USAID Assistance to Nigeria ($ in thousands) FY2010 Actual FY2011 Actual FY2012 Request Development Assistance 70,967 55,791 70,276 Foreign Military Financing 1,850 1,212 1,000 Global Health and Child Survival - State 471,227 471,227 471,227 Global Health and Child Survival - USAID 69,100 101,971 117,000 International Military Education and Training 1,016 940 950 International Narcotics Control and Law Enforcement 500 1,250 0 Nonproliferation, Antiterrorism, Demining and Related Programs 1,520 0 0 TOTAL 616,180 632,391 660,453 Source: State Department Congressional Budget Justifications for Foreign Operations. USAID is implementing several “flagship” programs designed to concentrate resources and achieve maximum impact. They are focused on two northern Nigerian states: Bauchi and Sokoto (within Nigeria, human development indicators are lowest in the north). USAID’s flagship 93 U.S. Department of State Office of the Inspector General, Report on Inspection: Embassy Abuja and Consulate General Lagos, Nigeria, Report Number ISP-I-08-25A, July 2008. Congressional Research Service 24 Nigeria: Elections and Issues for Congress education project, the Northern Education Initiative (NEI), is being implemented in the two focus states to strengthen state and local government systems for the delivery of education services. USAID’s flagship peace and democratic governance project in these two states is known as Leadership, Empowerment, Advocacy and Development (LEAD). The project is designed to build partnerships between state and local governments, civil society, and the private sector to improve governance, accountability, and service delivery. A third flagship program, the five-year, $85 million Targeted States High Impact Project (TSHIP) is being implemented in the same two states to reduce maternal and child deaths. The project aims to build the states’ health systems to effectively deliver primary health care, and to support overall improvement of the primary health care delivery system through capacity building and institutional strengthening. U.S. security assistance to Nigeria was suspended from FY2003 until 2006, when the State Department restarted a modest International Military Education and Training (IMET) program.94 Security cooperation has increased since then, and the State Department’s FY2012 security assistance request, which focuses on military professionalization, peacekeeping support and training, and land and maritime border security, includes $1 million in Foreign Military Financing (FMF) and almost $1 million for IMET. Nigeria has also received maritime security assistance through the U.S. Navy’s Africa Partnership Station and the State Department’s African Coastal and Border Security (ACBS) program.95 As an important troop contributor to peacekeeping missions, Nigeria continues to receive U.S. support through the African Contingency Operations Training and Assistance (ACOTA) program. The country also participates in security cooperation activities with the California National Guard through the National Guard State Partnership Program. U.S. counterterrorism assistance to Nigeria includes programs coordinated through TSCTP. Nigeria has also received security assistance through Department of Defense funds, including $2.2 million in “Section 1206” funding for the development of a counterterrorism infantry company and $6.2 million aimed at building the capacity of a counterterrorism unit and its tactical communications interoperability. Nigeria also received coastal radar and communications training and equipment through regional Section 1206 programs. U.S. support for Nigerian law enforcement has been limited due to human rights concerns. Recent Congressional Action The United States Congress continues to monitor political developments in Nigeria. Congress also continues to monitor Nigeria’s energy sector and its role in world oil supplies, as well as humanitarian and human rights issues in the country. Congressional hearings have examined the attempted terrorist attack by a Nigerian citizen on a U.S. airliner in December 2009, raising concerns with the State Department’s visa process and with “systematic failures across the Intelligence Community (IC), which contributed to the failure to identify the threat.”96 The Director of National Intelligence (DNI), during February 2011 hearings by the House and Senate intelligence communities on worldwide threats, highlighted a range of security concerns in Nigeria in his testimony, including political and sectarian violence and militancy in the Niger 94 U.S. security cooperation with Nigeria was suspended in the early 2000s when Nigeria hosted exiled Liberian President Charles Taylor. 95 For more information on APS, see CRS Report RL34003, Africa Command: U.S. Strategic Interests and the Role of the U.S. Military in Africa, by Lauren Ploch. 96 Senate Select Committee on Intelligence, “Unclassified Executive Summary of the Committee Report on the Attempted Terrorist Attack on Northwest Airlines Flight 253,” May 18, 2010. Congressional Research Service 25 Nigeria: Elections and Issues for Congress Delta and the northeast. The DNI suggested that although the group Boko Haram appeared to be focused on local issues, “it may be pursuing interests it shares with” regional Al Qaeda affiliate AQIM. As international media attention on Boko Haram grew in the wake of the August 2011 U.N. bombing, the House Homeland Security Subcommittee on Counterterrorism and Intelligence held a hearing to examine the group’s potential to commit acts of terrorism against U.S. interests or against the United States. In a related report, the committee raised concerns about the dearth of information available on the group and the potential to underestimate Boko Haram’s potential threat to U.S. interest. The report suggested that the U.S. government expand military and intelligence support, as well as diplomatic engagement with Nigeria, and examine whether Boko Haram should be designated as a Foreign Terrorist Organization (FTO).97 Congressional attention to these and other issues is expected to continue during the second session of the 112th Congress. 97 Boko Haram: Emerging Threat to the U.S. Homeland, Report of the House of Representatives Committee on Homeland Security Subcommittee on Counterterrorism and Intelligence, November 30, 2011. Congressional Research Service 26 Nigeria: Elections and Issues for Congress Figure 2. Map of Nigeria Congressional Research Service 27 Nigeria: Elections and Issues for Congress Author Contact Information Lauren Ploch Analyst in African Affairs lploch@crs.loc.gov, 7-7640 Congressional Research Service 28 future of the zoning arrangement unclear. The 2011 Elections: Opportunities and Challenges Nigeria’s ability to weather the potential political crisis of President Yar’Adua’s hospitalization and eventual death in office, and to manage the leadership transition without the military playing an apparent role, was viewed by many as positive sign of its democratic progress. Under President Yar’Adua, the government had commenced electoral reforms and increased the autonomy of the Independent National Electoral Commission (INEC), whose credibility had been badly damaged by previous elections. President Jonathan continued these reform efforts, winning praise for replacing the sitting INEC chairman with a respected academic and civil society activist, Professor Attahiru Jega, a move that increased public confidence in the commission.3 1 Britain administered the north and south separately from the late 19th century until 1947, when it introduced a federal system that divided the country into three regions: Northern, Eastern, and Western. Today, Nigeria is comprised of six geopolitical zones: north-west, north-east, north-central, south-west, south-east, and south-south (the Niger Delta). 2 Many speculate that Yar’Adua suffered from a chronic kidney condition. His hospitalization abroad in late 2009 and prolonged absence threatened to spark a political crisis in early 2010, amid rumors of his death, allegations that his wife and close advisors were making decisions for him, and legal challenges related to his failure to transfer power during his convalescence. After several months of uncertainty, the National Assembly recognized Jonathan as the acting head of state in February 2010, allowing him to conduct critical government business. In May 2010, the government announced President Yar’Adua’s death at age 58, and Jonathan was sworn in as the new president. 3 International Crisis Group, “Nigeria’s Elections: Reversing the Degeneration?” Africa Briefing, February 24, 2011. Congressional Research Service 2 Nigeria: Current Issues and U.S. Policy With over 73 million registered voters, almost 120,000 polling stations, and more than 50 political parties, the challenges facing INEC in 2011 were daunting. Observers noted positive developments prior to the elections, including efforts to compile a more credible voter register, but also raised concerns about electoral preparedness and other areas deemed problematic in previous polls, including ballot secrecy, intimidation, and transparency in the counting of ballots and tabulation of results. Last minute court rulings on the parties’ candidate lists delayed the delivery of voting materials, resulting in the election period being postponed by a week. Given Nigeria’s unwritten “zoning” arrangement, there was considerable debate on whether Jonathan’s decision to vie for the presidency would lead the ruling party to split prior to the 2011 elections. Many northerners argued that since Obasanjo had served two terms and Yar’Adua had served only one, a candidate from their region should hold the office for another term. Jonathan, who notably is from a minority ethnic group (the Ijaw), ultimately gained the support of key PDP leaders, including a majority of the northern governors, for his candidacy, and he won the PDP primary by a wide margin. The leading opposition parties chose northern presidential candidates—former military leader Muhammadu Buhari, who had run in 2003 and 2007, for the Congress for Progressive Change (CPC) and Nuhu Ribadu, the former head of Nigeria’s anticorruption authority, for the Action Congress of Nigeria (ACN). The PDP remained the dominant party in the elections, retaining the presidency and a majority in the House of Representatives and most state legislatures. Voters expressed their dissatisfaction, however, by voting out two-thirds of the incumbents in the House and Senate. Opposition candidates made significant gains in the southwest and the north.4 President Jonathan won 59.6% of the vote, gaining a majority in 23 states and enough support nationwide to avoid a run-off. Buhari followed with 32.3% of the votes, leading in one-third of the states (see Figure 1). Given Buhari’s electoral success in the north, Jonathan’s victory was seen by some northern youth as evidence that the results had been rigged, triggering protests that, in some areas, turned deadly. U.S. government views on the elections were positive, despite the violence. Secretary of State Hillary Clinton declared, “This historic event marks a dramatic shift from decades of failed elections,” but stated that “while this election was a success for the people of Nigeria, it was far from perfect.”5 Another senior official noted “technical imperfections,” but argued that “this reverses a downward democratic trajectory and provides the country a solid foundation for strengthening its electoral procedures and democratic institutions.”6 President Obama remarked that “the success of the elections was a testament to Nigerian voters who ... were determined that these elections mark a new chapter in Nigerian history.”7 Election observers generally noted significant improvements in the legislative and presidential polls, calling them a key step forward, but most stopped short of terming the elections “free and fair.” Some raised concerns with presidential results from certain states in the Niger Delta (President Jonathan’s home region) and the southeast, where turnout appeared to be near 100% amid reports of intimidation, harassment, and violence.8 Nationally, under-age voting was a 4 The ACN dominated state elections in the southwest, where the PDP lost all governors’ races and kept a majority in only one state assembly. Nationally, out of 36 states, opposition parties now have 13 governors and 10 state assemblies. 5 Secretary of State Hillary Clinton, Press Release: Election in Nigeria, April 19, 2011. 6 Special Briefing by Assistant Secretary Johnnie Carson, “The Recent Elections in Nigeria,” April 28, 2011. 7 The White House, Statement by President Obama on Elections in Nigeria, May 4, 2011. 8 Preliminary Statement of the European Union Election Observation Mission, April 18, 2011; Project 2011 Swift (continued...) Congressional Research Service 3 Nigeria: Current Issues and U.S. Policy common concern of observers, and overcrowding at polling stations and complicated vote collation procedures vulnerable to error or malfeasance remained a problem.9 Some of the state elections were deemed to be less credible by observers.10 Various parties filed legal suits challenging the results of the 2011 elections, with varying success. Nigeria’s Supreme Court upheld a verdict rejecting the CPC’s challenge to President Jonathan’s win in December 2011. Nigeria’s next elections are scheduled for 2015. Donors, including the United States, and advocacy groups have stressed the need for the Jonathan Administration to continue to improve electoral procedures and to prosecute those responsible for electoral fraud.11 Figure 1. Results of the 2011 Presidential Election Source: BBC, adapted by CRS. (...continued) Count (http://www.pscnigeria.org) and the Transition Monitoring Group (http://www.tmgelection2011.org). 9 The author served as an election observer in Lagos for the parliamentary elections and Sokoto for the presidential. 10 EU Election Observation Mission, “Press Release: EU EOM on the Elections of 26 and 28 April,” April 29, 2011. 11 See, e.g., ICG, Lessons From Nigeria’s 2011 Elections, Africa Briefing No. 81, September 15, 2011. Congressional Research Service 4 Nigeria: Current Issues and U.S. Policy Election-Related Violence in 2011 Despite generally positive reviews of the April 2011 elections, the level of election-related violence was higher than in previous years. Deadly clashes that followed the presidential vote highlighted lingering communal tensions, disaffection, and mistrust of the state in the under-developed north—issues that may have been considered a secondary priority for the national government in the past decade as it grappled with militant activity in the oilproducing Niger Delta. Violence prior to the 2011 elections included clashes between party supporters and several assassinations, and some politicians deployed “thugs” to intimidate opponents and voters. Security concerns were further heightened by a spate of bombings during political rallies, primarily in the Delta, that were linked to local politics. There were at least six bombings in the northeast state of Borno, where Boko Haram has been most active. Boko Haram was linked to the assassination of that state’s leading gubernatorial candidate, as well as to the bombing of a state election commission headquarters not far from the national capital, Abuja. The government increased security during the polls, and election observer comments were generally positive regarding security forces’ behavior during the elections. The worst violence in 2011 came almost immediately after the presidential poll, with supporters of Muhammadu Buhari leading protests in the northern states, alleging that the PDP had rigged the vote. The protests devolved into violent riots and, in some areas, killings, largely along religious and ethnic lines. In some parts of the north, the clashes lasted for several days until soldiers were deployed to enforce stability. At least 800 people were killed in a three-day period, according Human Rights Watch, and as many as 65,000 displaced. An independent panel, tasked with conducting an official government inquiry into the violence and led by a prominent Islamic scholar, faulted successive administrations for failing to act on the recommendations of previous inquiries into communal and political violence. The panel viewed the zoning arrangement as having politicized ethno-religious tensions and also suggested that statements made by politicians such as Buhari for supporters to “guard their votes” may have fueled popular frustrations and (possibly inadvertently) sparked acts of violence. Some observers caution that the 2015 elections could again spark protests in the north if President Jonathan decides to run for another term. Development Challenges and Reform Initiatives Despite its oil wealth and large economy, Nigeria’s population is among Africa’s poorest, and the distribution of wealth is highly unequal. As many as 70% of Nigerians live below the poverty line, and the average life expectancy is 52 years. Nigeria has the world’s second-largest HIV/AIDS population, after South Africa. Access to clean water remains a major problem— almost half the population has no access to improved sources of water and less than one-fifth of households have piped water. Thirty percent of people lack access to adequate sanitation. Diarrhea is the second-leading cause of death among children, and Nigeria ranks second only to India in the number of diarrhea-related child deaths globally. Decades of economic mismanagement, instability, and corruption have hindered investment in Nigeria’s education and social services systems and stymied industrial growth. The economy depends heavily on the oil and gas sector, which according to the World Bank accounts for almost 80% of government revenues and 95% of export earnings, making the country particularly vulnerable to swings in global oil prices, as well as to conflict and criminality in the Niger Delta. Nigeria has averaged real annual GDP growth of almost 7% in the past six years, but economists suggest that the economy continues to underperform, held back by poor infrastructure and electricity shortages. The manufacturing and telecommunications sectors are growing, however, and the banking sector has been a strong performer. Agricultural production contributes over onethird of Gross Domestic Product (GDP) and employs more than two-thirds of the workforce. Congressional Research Service 5 Nigeria: Current Issues and U.S. Policy Nigeria is the largest recipient of foreign direct investment (FDI) in Africa,12 and it aims to be among the world’s top 20 economies by 2020, although rising insecurity in the north, persistent corruption, and a challenging business environment threaten long-term growth. When Goodluck Jonathan assumed power in February 2010 from the ailing President Yar’Adua, he vowed to continue his predecessor’s various reform initiatives and made public commitments to “restoring Nigeria’s image” abroad, both by continuing to act as a key partner in regional peace and counterterrorism efforts, and by ending the “culture of impunity” in Nigeria in terms of corruption and human rights concerns. Those initiatives are discussed briefly below. Efforts to Combat Corruption Corruption in Nigeria is “massive, widespread, and pervasive,” according to the U.S. State Department, and by many accounts, the country’s development will be hampered until it can address the perception of impunity for corruption and fraud.13 Human Rights Watch suggests that Nigeria’s political system rewards rather than punishes corruption, which has been fueled by oil revenues for decades.14 Nigeria’s ranking on Transparency International’s Corruption Perceptions Index has consistently worsened in the past three years, after transiently improving in 2008 following President Yar’Adua’s election.15 According to the Economic and Financial Crimes Commission (EFCC), a Nigerian law enforcement agency created in 2003 to combat corruption and fraud, billions of dollars have been expropriated by political and military leaders since oil sales began in the 1970s.16 The country’s central bank governor recently estimated that Nigeria may lose more than 10% of its annual GDP through fraud.17 Several international firms have been implicated in Nigerian bribery scandals, including German telecom giant Siemens and the U.S. firm Halliburton and its subsidiary Kellogg, Brown, and Root, Inc. (KBR).18 Nigeria is known globally for cyber crimes, including “419 scams,” so-named for the article in the country’s penal code that outlaws fraudulent e-mails. Successive presidents have taken a public stance against corruption, but some observers suggest that they have also used corruption charges to sideline critics and political opponents. President Yar’Adua campaigned on an anti-corruption agenda; in 1999 he was the first governor to publicly declare his assets. Upon assuming the presidency, he distanced himself from his predecessor, dismissing many of Obasanjo’s political appointees and security chiefs and overturning several of the privatization agreements approved by the former president, amid charges of corruption associated with the sales. Yar’Adua also proposed, unsuccessfully, that the constitution be 12 U.N. Conference on Trade and Development (UNCTAD), World Investment Report 2012, May 7, 2012. State Department, “Nigeria,” Country Report on Human Rights Practices 2011, May 2012. 14 HRW, Corruption on Trial? The Record of Nigeria’s Economic and Financial Crimes Commission, August 2011. 15 The Corruption Perceptions Index measures the perceptions of business people and country analysts regarding the degree of corruption among public officials and politicians. A high score indicates greater levels of corruption. 16 Former dictator Sani Abacha reportedly stole more than $3.5 billion during his five years as head of state (19931998). Some stolen funds have been repatriated, but other Abacha assets remain frozen abroad. 17 “Nigeria: Dazzling Statistics,” Africa Confidential, Vol. 53 No. 14, July 6, 2012. 18 Halliburton and KBR have paid several hundred million dollars in U.S. and Nigerian fines, and in 2012 the former head of KBR was sentenced to prison in the United States, for bribing Nigerian officials in exchange for contracts worth over $6 billion. The EFCC brought charges against former U.S. Vice President Dick Cheney in 2010 based on his tenure as Halliburton’s chief executive; the charges were dropped after the company agreed to a $250 million fine. 13 Congressional Research Service 6 Nigeria: Current Issues and U.S. Policy amended to remove an immunity clause that prevents the president, vice president, governors, and deputy governors from being prosecuted for corruption while in office. Nevertheless, critics contend that executive interference with the EFCC continued during Yar’Adua’s tenure, undermining the entity’s investigations and derailing prosecutions. Donors were highly critical of the transfer and eventual dismissal of the EFCC’s first chairman, Nuhu Ribadu, in late 2007.19 President Jonathan fired Ribadu’s successor, who was implicated in corrupt practices, in late 2011, replacing her with Ribadu’s former deputy, Ibrahim Lamorde. Advocacy groups welcomed Lamorde’s appointment, but have called on Jonathan to increase the EFCC’s independence, suggesting that the EFCC chairman “remains deeply vulnerable to the whims of the president and lacks security of tenure.”20 The U.S. government has also signaled its support for Lamorde, and has welcomed other recent anti-corruption initiatives by the government, including the passage of a Freedom of Information law in 2011, a recent parliamentary inquiry into fraud associated with the country’s fuel subsidy program (see below), and the appointment of Ribadu to lead an independent audit of the oil and gas sector. The Jonathan Administration has also pledged to expand budget transparency by requiring legislators and other senior officials to publicly declare their assets.21 Petroleum and Power Sector Reforms President Jonathan has pledged to reform the oil and gas industry, which has long been plagued by corruption. Nigeria’s first female oil minister, Diezani Allison-Madueke, a former Royal Dutch Shell executive, is leading the government’s efforts to pass and implement the ambitious Petroleum Industry Bill (PIB), which is aimed at increasing transparency in the industry, attracting investors, and creating jobs. Progress on the legislation has been halting. The PIB would restructure the Nigerian National Petroleum Corporation (NNPC), the parastatal that oversees regulation of the industry and has been criticized for its lack of transparency. Nigeria was designated compliant with the Extractive Industries Transparency Initiative (EITI), a global standard for transparency in the oil, gas, and mining sectors, in 2011, indicating that Nigeria had fulfilled the minimum criterion of annually declaring its extractive sector revenues. This does not necessarily suggest that Nigeria has taken aggressive steps to curb corruption in the sector. The United States and other donors have welcomed Jonathan’s appointment in 2012 of former EFCC Chairman Nuhu Ribadu to lead a new task force to audit oil revenues. Despite its status as one of the world’s largest crude oil exporters, Nigeria imports an estimated $10 billion in refined fuel annually for domestic consumption, and it suffers periodically from severe fuel and electricity shortages. In an effort to increase its refining capacity and halt oil imports by 2020, the government has granted permits for several new independently owned refineries. In 2010, Nigeria signed an agreement with China worth a reported $23 billion for new refineries, and in July 2012 the government signed a memorandum of understanding with U.S.based Vulcan Petroleum Resources for a $4.5 billion project to build six refineries. 19 There was speculation that Ribadu’s removal from office was linked to his effort to prosecute former Delta State Governor James Ibori, one of Yar’Adua’s primary financial contributors, who may have embezzled over $200 million while in office. First arrested in 2007 and later acquitted, Ibori was indicted again in 2010 but eluded capture and fled to Dubai, where he was arrested by Interpol. He was extradited in April 2011 to the United Kingdom, where he owned property and kept some of his assets; he was convicted in April 2012 on money laundering and fraud charges. 20 HRW, Corruption on Trial? The Record of Nigeria’s Economic and Financial Crimes Commission, August 2011. 21 U.S.-Nigeria Binational Commission, Joint Communique, June 2012. Congressional Research Service 7 Nigeria: Current Issues and U.S. Policy For years, the Nigerian government has subsidized the price its citizens pay for gasoline (roughly 70% of which is imported), and economists have long deemed the subsidy benefit unsustainable. The subsidy’s cost—roughly $8 billion in 2011—was steep, comprising almost one-quarter of the government’s annual budget. At the recommendation of the International Monetary Fund and others, in late 2011 President Jonathan cut the subsidy, causing the price of fuel for consumers to double in early January 2012 and sparking strong domestic opposition. In the face of mass protests and a nationwide strike, the government backtracked and reinstated a partial subsidy.22 Public scrutiny of the program has since increased, and in May a legislative inquiry revealed that an estimated $7 billion allocated for the subsidy may have been misappropriated. The scandal prompted President Jonathan to replace several senior executives at the national petroleum company, which was implicated in the scandal. The lawmaker who led the probe, Farouk Lawan, was subsequently accused of taking a bribe from one of the companies involved in the fraud; Lawan claims he took the bribe as evidence. The government plans to refocus funds saved by decreasing the fuel subsidy on improving health, education, and the nation’s power supply. Jonathan has pledged to increase electricity generation tenfold over the next decade, and efforts to privatize power stations and distribution companies are underway, albeit behind schedule, despite objections from the country’s trade unions. In addition to its oil reserves, Nigeria has the ninth-largest natural gas reserves in the world and the largest in Africa, but they have provided comparatively little benefit to the country’s economy. Many of Nigeria’s oil fields lack the infrastructure to capture and transport natural gas. The government has repeatedly, but unsuccessfully, set deadlines for oil companies to stop “flaring” gas at oil wells (burning unwanted gas during oil drilling), a practice estimated to destroy roughly one-third of annual production and to constitute more than $2 billion in lost revenue annually.23 In 2011, President Jonathan announced a series of new agreements to develop gas processing facilities as part of a “gas revolution” designed to create new jobs and revenues, and to end flaring. Nigeria is in the process of increasing its liquefied natural gas (LNG) exports, which could surpass revenues derived from oil exports in the next decade. Financial Sector Reforms Successive Nigerian administrations have made commitments to economic reform, but their track record is mixed. According to the IMF, reforms initiated under the Obasanjo Administration and continued by his successors, most importantly the policies of maintaining low external debt and budgeting based on a conservative oil price benchmark to create a buffer of foreign reserves, lessened the impact of the recent global economic crisis on Nigeria’s economy.24 Oil revenues above the benchmark price have been saved since 2003 in an Excess Crude Account (ECA), although the government drew substantially from the account in 2009-2010 in an effort to stimulate economic recovery. The Jonathan Administration’s efforts to create a sovereign wealth fund, which would draw seed money from the ECA, have met with some resistance from state governors, who benefit from the distribution of national oil revenues to state governments. The 22 See, e.g., “Removal of Fuel Subsidies in Nigeria: An Economic Necessity and a Political Dilemma,” The Brookings Institute, January 10, 2012. 23 U.S. Energy Information Administration, Country Analysis Brief: Nigeria, August 2011. 24 International Monetary Fund, “Staff Report for the Article IV Consultation with Nigeria,” January 27, 2011. The price benchmarks set by the Nigerian government are $58/barrel for 2011, $60 for 2012, and $62 for 2013, far lower than current and projected global prices.. Congressional Research Service 8 Nigeria: Current Issues and U.S. Policy country has made significant gains in the past decade in paying down its external debt, which constituted more than one-third of GDP a decade ago, freeing funding for programs aimed at poverty reduction and reaching the country’s Millennium Development Goals (MDGs). Like his predecessors, President Jonathan has committed to reforms that aim to attract foreign investment, create jobs, and fuel development, and the U.S. government has been publicly supportive of his economic team.25 In mid-2011, he appointed World Bank managing director Ngozi Okonjo-Iweala, who led efforts to reduce Nigeria’s debt as finance minister under President Obasanjo, to resume her former post. Jonathan has retained Lamido Sanusi as governor of the central bank. Sanusi has led efforts to modernize the country’s banking system, pushing reforms to tighten banking supervision.26 Social Issues and Security Concerns Islamic Sharia Law Nigeria is home to one of the world’s largest Muslim populations, vying with, and likely outpacing, Egypt as the largest on the continent. The north is predominately Sunni Muslim, and 12 northern states have formally adopted Islamic sharia law since 1999 to adjudicate criminal and civil matters for Muslims.27 In some states, the introduction of sharia was a flashpoint between Muslims and Christians. The State Department reports that sharia “technically does not apply to non-Muslims in civil and criminal proceedings,” although observers note that Islamic mores are often enforced in public without regard for citizens’ religion. In some areas, state-funded vigilante groups known as hisbah patrol public areas and attempt to enforce sharia-based rulings. Many analysts nonetheless see the interpretation and implementation of Nigerian sharia as moderate in comparison to that of some other Muslim-majority countries. Religious and Communal Tensions The U.S. Commission on International Religious Freedom has recommended since 2009 that Nigeria be classified as a “Country of Particular Concern” for “severe, ongoing, and egregious religious freedom violations.”28 It is not currently designated as such by the Secretary of State. According to the Commission, as many as 14,000 Nigerians have been killed since 1999 in sectarian violence, and the commissioners argue that the Nigerian government has tolerated the 25 Remarks by Assistant Secretary of State Johnnie Carson, “Nigeria, One Year After Elections,” Center for Strategic and International Studies, April 9, 2012. 26 In 2009 Sanusi instituted regulations that require banks to report large cash transactions between accounts if one of the account holders is considered to be “politically exposed.” Bank audits ordered by Sanusi that year found 10 banks near collapse due to reckless lending. The government provided $4 billion to rescue the banks, and in late 2010, under pressure from Sanusi, the legislature approved the establishment of the Asset Management Company of Nigeria (AMCON) to buy bad bank loans in exchange for government bonds, in an effort to get the banks lending again. By some estimates it may take a decade for AMCON to divest its toxic assets. AMCON bought non-performing loans from 9 rescued banks and margin loans from 12 other domestic banks. 27 Nigerian law protects freedom of religion and permits states to establish courts based on common law or customary law systems. Non-sharia based common law and customary law courts adjudicate cases involving non-Muslims in these states, and sharia-based criminal law courts are elective for non-Muslims. 28 U.S. Commission on International Religious Freedom, Annual Report 2012, May 2012. Congressional Research Service 9 Nigeria: Current Issues and U.S. Policy violence, creating a culture of impunity that has emboldened Boko Haram and its sympathizers. The Commission’s 2012 report notes the religious nature of the 2011 post-election violence, Boko Haram’s attacks against Christians, and rising religiously-charged rhetoric as areas of significant concern. Other experts point to increasingly well armed militias, loosely organized along religious lines, in central and northern Nigeria.29 The State Department, in its annual Religious Freedom report, states that “the government generally respected religious freedom in practice, although some local political actors stoked communal and sectarian violence with impunity.”30 Sectarian violence continues to be a particular problem in the central Nigerian city of Jos, the capital of Plateau State, which sits between the predominately Muslim north and Christian south. Tensions among communities in this culturally diverse “Middle Belt” are both religious and ethnic, and they stem from competition over resources—land, education, government jobs— between ethnic groups classified as settlers or as “indigenes” (original inhabitants of the state), with the latter designation conveying certain political and economic benefits. In Jos, the mostly Christian Berom are considered indigenes, and the predominately Muslim Hausa-Fulani, who were traditionally nomadic and pastoralist, are viewed as the settlers. In 2010, the Nigerian government established a special task force composed of both military and police to restore stability in the state; periodic outbreaks of violence have nonetheless continued, and have been exacerbated by attacks on churches attributed to Boko Haram. Boko Haram and Militant Islam in Nigeria31 Boko Haram, a violent Salafist movement in the north, has grown increasingly active and deadly in its attacks against state and civilian targets in Nigeria, drawing on a narrative of vengeance for state abuses to elicit recruits and sympathizers. While its attacks have not exclusively, or even primarily, targeted Christians, attacks attributed to the group on churches in several north and central states are fueling existing religious tensions. The church bombings, which usually occur on Sundays or religious holidays to achieve maximum effect, have sparked deadly reprisal attacks by Christians against Muslim civilians. Such attacks may be part of a deliberate effort to foment instability, with the aim of discrediting and delegitimizing the government in these regions by exposing the weakness of its security apparatus and justice mechanisms. Boko Haram emerged in the early 2000s as a small, radical Sunni Islamic sect that advocated a strict interpretation and implementation of Islamic law for Nigeria. Calling itself Jama’a Ahl asSunna Li-da’wa wa-al Jihad (JASLWJ; roughly translated from Arabic as “People Committed to the Propagation of the Prophet’s Teachings and Jihad”), the group is more popularly known as Boko Haram (“Western education is forbidden”), a nickname given by local Hausa-speaking communities to describe its view that Western education and culture have been corrupting influences. It engaged in periodic skirmishes with police during its formative years, but the group’s activities were limited in scope and contained within several highly impoverished states in the predominately Muslim northeast. 29 Testimony of Darren Kew, in U.S. Congress, House Subcommittee on Africa, Global Health, and Human Rights, The Crisis in Christian-Muslim Relations in Nigeria, 112th Cong., July 10, 2012. 30 State Department, July-December 2010 International Religious Freedom Report, September 13, 2011. 31 For more information on Boko Haram, see, e.g., Andrew Walker, What is Boko Haram? USIP, May 2012; Peter J. Pham, “Boko Haram’s Evolving Threat,” Africa Security Brief No. 20, April 2012; and Testimony of CRS Specialist Lauren Ploch, in U.S. Congress, House Homeland Security Subcommittee on Counterterrorism and Intelligence, Boko Haram: Emerging Threat to the U.S. Homeland?, 112th Cong., November 30, 2011. Congressional Research Service 10 Nigeria: Current Issues and U.S. Policy In July 2009, the government’s attempts to stop Boko Haram’s attacks on police stations and other government buildings resulted in the death of at least 700 people, a figure that likely includes not only militants, but also security personnel and bystanders. In the course of that violence, the group’s leader, Mohammed Yusuf, a charismatic young cleric who had studied in 32 Saudi Arabia, was killed while in police custody. A sizeable number of Yusuf’s followers were also killed or arrested. The group appeared to dissipate after the heavy-handed security crackdown, but reemerged a year later, orchestrating a large-scale prison break in September 2010 that freed hundreds, including its own members. Some reports suggest that a small number of Boko Haram militants may have fled to insurgent training camps in the Sahel during this period. Boko Haram’s attacks have since increased substantially in frequency, reach, and lethality, now occurring almost daily in northeast Nigeria, and periodically beyond. Attacks attributed to the group since 2010 have increasingly featured improvised explosive devices (IEDs), car bombs, and suicide attacks. Boko Haram has primarily focused on state and federal targets, such as police stations, but has also targeted civilians in schools, churches, markets, and beer halls. The group has also conducted assassinations of local political leaders and moderate Muslim clerics. Bank robberies attributed to the group may contribute to its financing, although authorities warn that criminal groups may also be opportunistically posing as Boko Haram militants. The bombing of the U.N. building in Abuja on August 24, 2011 marked a major departure from a previously exclusive focus on domestic targets. It was also Boko Haram’s first clearly intentional suicide bombing. Boko Haram spokesmen claimed the attack was retribution for the state’s heavy-handed security response against its members, referencing U.S. and international “collaboration” with the Nigerian security apparatus. The bombing may indicate an aspiration by some in Boko Haram to move beyond local politics toward an international jihadist agenda, or it may have been an effort to elicit foreign backing for the group’s domestic agenda. The Nigerian government has also linked Boko Haram to the May 2011 kidnapping of two Europeans in northwest Nigeria; the two men were killed in a rescue attempt in early 2012. By most accounts, Boko Haram is not a monolithic organization. According to U.S. officials, core Boko Haram militants may number in the hundreds, but the group also appears to draw support from a broader following of several thousand Nigerians, primarily young men from the northeast, who have expressed frustration with the lack of development, jobs, and investment in the north, and with the heavy-handed response of security forces to Boko Haram. Some analysts suggest that Boko Haram may be susceptible to fracturing, with a segment of the leadership working to build ties with the international Al Qaeda franchise, while others remain focused exclusively on a domestic agenda. The public emergence of a purported splinter faction in early 2012 has led some to contend that there are divisions among the hardliners. Efforts by various interlocutors to facilitate government negotiations with Boko Haram have, to date, been unsuccessful. While Boko Haram currently appears to pose more of a threat to local stability, its expansion has amplified concerns among some observers and officials that Nigerians may be susceptible to recruitment by Al Qaeda or other groups aiming to use violence against government or civilian targets in Nigeria or abroad.33 Potential ties with Al Qaeda in the Islamic Maghreb (AQIM) are of 32 “Islamic Death ‘Good for Nigeria’,” BBC, July 31, 2009. Prior to Boko Haram’s reemergence, a Nigerian, Umar Farouk Abdulmutallab, attempted to detonate an explosive device onboard an American airliner bound from Amsterdam to Detroit on December 25, 2009. Abdulmutallab, son of a respected banker and former government minister, reportedly became radicalized while living abroad. Al Qaeda in the Arabian Peninsula (AQAP) claims to have sponsored the effort. 33 Congressional Research Service 11 Nigeria: Current Issues and U.S. Policy particular concern—the Commander of U.S. Africa Command, who has identified Boko Haram as a “threat to Western interests,” referenced indications in mid-2012 that the two groups “are likely sharing funds, training, and explosive materials.”34 The increasing lethality and sophistication of Boko Haram’s attacks, as demonstrated in the killing of an estimated 200 people in coordinated bomb and gun attacks in the northern city of Kano on January 20th, has further raised the group’s profile among U.S. national security officials. Some in Congress have pressed the State Department to designate Boko Haram as a Foreign Terrorist Organization (FTO), arguing that greater intelligence and security resources should be focused on the group.35 Many Nigeria experts caution that the Nigerian government’s own response to Boko Haram has been, to date, heavy-handed and may actually fuel radical recruitment. Some argue that an FTO designation might be seen, by both the Nigerian government and the northern population, as an endorsement by the United States of “excessive use of force at a time when the rule of law in Nigeria hangs in the balance.”36 Others suggest that Boko Haram’s shift toward Christian targets may be tactical, and caution that U.S. policymakers avoid taking positions that fuel perceptions that the United States has “taken sides” among Christians and Muslims.37 State Department officials have acknowledged these concerns and called on the Nigerian government to “change their strategy with regard to Boko Haram from a primarily military response to one that also addresses the grievances felt by many in northern Nigeria.”38 President Jonathan replaced his National Security Advisor and Minister of Defense in June 2012, citing the need for new tactics against the group. His appointment of a northerner as the new National Security Advisor may bring a different perspective to the government’s counterterrorism strategy and tactics in the north, although changes may meet with resistance from senior military officials.39 Additional arguments against an FTO designation focus on concerns that the label would enhance Boko Haram’s status among international extremist groups and internationalize its standing, potentially serving as a fundraising and recruitment tool. In June 2012 the State Department designated three individuals linked to Boko Haram as Specially Designated Global Terrorists. It has yet to make a determination on a possible designation for the organization as a whole, but in doing so will weigh the potential benefits of an FTO designation against possible consequences for U.S. policy goals in the country and the wider region. 34 Testimony of General Carter Ham, in U.S. Congress, Senate Armed Services Committee, Proposed FY2013 Defense Authorization as it Relates to the U.S. European and Africa Commands, March 1, 2012; and Remarks by General Carter Ham at the Africa Center for Strategic Studies Senior Leaders Seminar, June 25, 2012. 35 The FTO designation derives from authorities granted to the Secretary of State in the Immigration and Nationality Act, as amended. The designation triggers the freezing of any assets in U.S. financial institutions, bans FTO members’ travel to the United States, and criminalizes transactions (including material support) with the organization or its members. It is unclear, given the current lack of public information available on Boko Haram’s possible ties abroad, if these measures would have any impact on the group. FTO status might serve to prioritize greater U.S. security and intelligence resources toward the group, although this is not a legal requirement of the designation. Legislation in the 112th Congress, including S. 3249, H.R. 5822 and H.R. 4310, the National Defense Authorization for FY2013, would each require the Secretary of State to report on whether Boko Haram meets the criteria to be designated as an FTO. 36 Letter to Secretary Clinton by 21 American academics with Nigeria expertise on May 2012. 37 D. Kew, op. cit. 38 Testimony of State Department Coordinator for Counterterrorism Daniel Benjamin, in U.S. Congress, House Foreign Affairs Committee, LRA, Boko Haram, al-Shabaab, AQIM and Other Sources of Instability in Africa, April 25, 2012. 39 Jonathan’s former National Security Advisor, who, like Jonathan, was from the Niger Delta, was seen by some as out of touch with northern perceptions of the Boko Haram crisis. The new appointee, retired Col. Sambo Dasuki, is a cousin of an influential Muslim leader in Nigeria, the Sultan of Sokoto, and has close ties to senior northern politicians. Congressional Research Service 12 Nigeria: Current Issues and U.S. Policy Conflict in the Niger Delta Nigeria’s oil wealth has long been a source of political tension, protest, and criminality in the Niger Delta region, where most of the country’s oil is produced.40 Compared to Nigeria’s national average, the region’s social indicators are low, and unemployment is high. Millions of barrels of oil are believed to have been spilled in the region since oil production began, causing major damage to the fragile riverine ecosystem, and ultimately to the livelihoods of many of the Delta’s 30 million inhabitants.41 Gas flares have further plagued the Delta with acid rain and air pollution, limiting locals’ access to clean water and destroying fishing stocks that the majority of Delta inhabitants depended on to make a living. Conflict in the Niger Delta has been marked by the vandalism of oil infrastructures; massive, systemic production theft locally known as “oil bunkering,” often abetted by state officials; protests over widespread environmental damage caused by oil operations; kidnapping for ransom; and public insecurity and communal violence. The demands of the region’s various militant groups have varied, but often include calls for greater autonomy for the region and a larger share of oil revenues. Militant groups like the Movement for the Emancipation of the Niger Delta (MEND) have used the kidnapping of oil workers and attacks on oil facilities to bring international attention to the Delta’s plight. These attacks have periodically cut Nigeria’s oil production by as much as 25%, and have been blamed for spikes in the world price of oil. Nigeria’s deep-water production has also proven vulnerable to militant attacks, and the threat of sea piracy is high. By some estimates, up to 10% of Nigeria’s oil has been stolen annually, and local politicians have reportedly financed their campaigns through such criminal activities.42 Successive Nigerian governments have pledged to engage the Delta’s disaffected communities, but few of their efforts met with success until 2009, when President Yar’Adua extended an offer of amnesty to Delta militants. Under the offer, those who surrendered their weapons, renounced violence, and accepted rehabilitation were granted a presidential pardon, along with cash and job training. According to Nigerian government estimates, more than 20,000 have benefitted from the program, which is costing the government roughly $400 million a year, though it is unclear whether all were directly involved in militancy. The activities of criminal gangs have continued. President Jonathan has continued to allocate significant financing for “post-amnesty” interventions and development projects in the Delta, targeting transport, education, and health infrastructure. Concerns remain regarding the government’s ability to spend the funds effectively in a region where corruption is, at all levels, endemic, and some Nigerian politicians from other regions have criticized the cost of the program.43 Some of the oil-producing states have reported 40 In the early 1990s, activists from the Ogoni ethnic group drew international attention to the extensive environmental damage done by oil extraction in the Niger Delta. Author and activist Ken Saro-Wiwa, president of the Movement for the Survival of the Ogoni People (MOSOP), and 14 others were accused in 1994 of involvement in the murder of several prominent Ogoni politicians. They pled not guilty, but Saro-Wiwa and eight others were convicted and sentenced to death. Their executions sparked international outrage against the regime of dictator Sani Abacha, and the United States recalled its ambassador in response. 41 For more information, see UNEP, Environmental Assessment of Ogoniland, 2011; UNDP, Niger Delta Human Development Report, 2006; Amnesty International, Petroleum, Pollution, and Poverty in the Niger Delta, June 2009; and Paul Francis, Deirdre Lapin, and Paula Rossiasco, Securing Development and Peace in the Niger Delta, Woodrow Wilson Center for Scholars, 2011. 42 HRW, Criminal Politics: Violence, “Godfathers” and Corruption in Nigeria, Vol. 19, No. 16(A), October 2007. 43 Xan Rice, “Nigerian Rebels Swap Weapons for Welding,” Washington Post, July 5, 2012. Congressional Research Service 13 Nigeria: Current Issues and U.S. Policy revenues of over $2 billion per year but have dismal records of development or service delivery.44 The federal government’s commitment and ability to deliver on promised infrastructure improvements and job creation will be critical to addressing regional grievances. Observers caution that unless the root causes of conflict are addressed, the Delta will remain volatile. Abuses by Security Forces Nigerian security forces, particularly the police, have been accused of serious human rights abuses, and activists suggest that the government has done little to address issues of impunity and corruption within the Nigerian Police Force.45 In 2007, the U.N. Special Rapporteur on Torture reported that “torture is an intrinsic part of how law enforcement services operate within the country,” and called on the Nigerian government to criminalize the practice.46 The State Department’s annual human rights reports document numerous instances of “politically motivated and extrajudicial killings by security forces, including summary executions … torture, rape and other cruel, inhuman, or degrading treatment of prisoners, detainees, and criminal suspects,” and a variety of other offenses. The 2011 report notes the use of excessive and sometimes deadly force by security personnel, both military and police, to stem civil unrest and interethnic violence. The prison system has also drawn criticism; Amnesty International alleges that more than half the country’s inmates had never been convicted of a crime, some awaiting trial for up to 10 years.47 In May 2009, Nigeria’s Joint Task Force (JTF), a special combined military and police unit established in 2004 to restore order in the Delta, launched a new offensive against the militants. The ensuing fight, combined with JTF air and land strikes against militant camps, displaced thousands, according to Amnesty International.48 Armed conflict between security forces and militia has decreased with the amnesty program, although periodic skirmishes continue. The JTF has also been deployed to the northeast to address the Boko Haram threat, and has been implicated in the deaths of civilians and extrajudicial killings there. In its reporting, the State Department notes serious abuses by both police and soldiers related to the 2009 Boko Haram uprising and “credible media reports” that police executed the group’s leader. Nigerian officials have acknowledged some abuses; in 2010 the country’s police minister called the situation “condemnable and unacceptable,” but few security personnel have been prosecuted for abuses.49 HIV/AIDS, Education, and Population Growth Nigeria’s HIV/AIDS prevalence rate of 3.6% is relatively low in comparison to Southern African nations with adult seropositivity rates of 10 to 25%. However, the West African nation comprises nearly one-tenth of the world’s HIV/AIDS infected persons with more than three million people 44 Francis, Lapin, and Rossiasco, Securing Development and Peace in the Niger Delta, Woodrow Wilson Center, 2011. Recent reports on abuses include Arbitrary Killings by Security Forces, by Human Rights Watch; Killing at Will: Extrajudicial Executions and Other Unlawful Killings by the Police in Nigeria, by Amnesty International; and Criminal Force: Torture, Abuse, and Extrajudicial Killings by the Nigerian Police Force, by the Open Society Justice Initiative and the Network of Police Reform in Nigeria. 46 United Nations Press Release, “Special Rapporteur on Torture Concludes Visit to Nigeria,” March 12, 2007. 47 Amnesty International, “Nigeria: Criminal Justice System Utterly Failing Nigerian People; Majority of Inmates Not Convicted of Any Crime,” February 26, 2008. 48 Amnesty International, “Hundreds Feared Dead and Thousands Trapped in Niger Delta Fighting,” May 22, 2009. 49 “Nigeria Condemns Police ‘Killing’,” BBC, March 5, 2010. 45 Congressional Research Service 14 Nigeria: Current Issues and U.S. Policy infected, the largest HIV-positive population in the world after South Africa. Nigeria’s population is expected to double by the year 2025, which is likely to multiply the spread of HIV. In addition to the devastation HIV/AIDS continues to cause among Nigeria’s adult population, over 40% of the current population is under the age of 15. With almost a third of primary-school-aged children not enrolled in school and a large number of HIV/AIDS-infected adults, Nigeria faces serious challenges and significant obstacles in the education and health care sectors. International Relations Nigeria has been an important player in regional and international affairs since the 1990s, although domestic challenges may distract the Jonathan Administration from playing a more robust regional role in the near term. The government has mediated political disputes in Togo, Mauritania, Liberia, Sudan, and Cote d’Ivoire, and has been engaged in regional efforts to resolve the political crisis in Mali. Nigeria was critical of the international community for “contradictions” in its reaction to the recent crises in Cote d’Ivoire and Libya, questioning the comparatively robust Western response to protect civilians in Libya.50 Nigerian troops played a vital role in peacekeeping operations in Sierra Leone and Liberia. Nigerian police, military observers, and experts are also deployed in U.N. missions in Cote d’Ivoire, the Democratic Republic of Congo, Haiti, Timor-Leste, Sudan, South Sudan, and Western Sahara. The country is a member of the Organization of the Petroleum Exporting Countries (OPEC) and the Economic Community of West African States (ECOWAS). The United States is the top destination for Nigerian exports, followed by India, Brazil, Spain, and France. China is the lead source for Nigerian imports, followed by the United States, the Netherlands, South Korea, and the United Kingdom.51 Nigeria has become a top destination for Chinese investment on the continent. Issues for Congress Administration Policy on Nigeria After a period of strained relations in the 1990s, when Nigeria was under a military dictatorship, U.S.-Nigeria relations steadily improved under President Obasanjo, and they have remained robust under Presidents Yar’Adua and Jonathan. Diplomatic engagement is sometimes tempered, however, by Nigerian perceptions of U.S. intrusion in regional or domestic affairs, and by U.S. concern with human rights, governance, and corruption issues. President Barack Obama’s Assistant Secretary of State for African Affairs has often referred to Nigeria as “probably the most strategically important country in Sub-Saharan Africa,” and the Administration considers Nigeria to be a key ally.52 In addition the strategic role their country plays in the region and in global forums, Nigerians comprise the largest African diaspora group in the United States. 50 “Nigeria Lashes at World’s Focus on Libya While I. Coast Burns,” AFP, March 22, 2011. CIA, “Nigeria”, The World Factbook 2012. 52 State Department, “Remarks by Ambassador Carson on Secretary Clinton’s Africa Trip,” July 30, 2009; Remarks by Assistant Secretary Carson, “Promise and Peril in Nigeria: Implications for U.S. Engagement,” at CSIS, April 9, 2012. 51 Congressional Research Service 15 Nigeria: Current Issues and U.S. Policy The United States has been supportive of Nigerian reform initiatives, including anti-corruption efforts, economic and electoral reforms, energy sector privatization, and programs to promote peace and development in the Niger Delta. In 2010, the Obama and Jonathan Administrations established the U.S.-Nigeria Binational Commission (BNC), a strategic dialogue to address issues of mutual concern; its working groups meet regularly. The State Department maintains 10 “American Corners,” located in libraries throughout the country, to share information on American culture and values with Nigerians, and it plans to expand its presence in the country, possibly through a new consulate in the northern city of Kano to increase outreach in the north, although security concerns may slow the move. U.S.-Nigeria Trade and Maritime Security Issues Nigeria is an important trading partner for the United States and is the largest beneficiary of U.S. investment on the continent. Given Nigeria ranking as one of Africa’s largest consumer markets and its affinity for U.S. products and American culture, opportunities for increasing U.S. exports to the country, and the broader West Africa region, are considerable, although U.S. imports from Nigeria, totaling more than $33 billion in 2011, currently far outweigh exports, estimated at almost $5 billion in 2011.53 The Obama Administration aims to double U.S. exports to Nigeria by 2015 through the President’s National Export Initiative. The country is eligible for trade benefits under the African Growth and Opportunity Act (AGOA). AGOA-eligible exports, nearly all of which are petroleum products, account for over 90% of exports to the United States. Nigeria vies with Venezuela to be the United States’ fourth-largest source of imported oil (behind Canada, Mexico, and Saudi Arabia). U.S. imports account for over 40% of Nigeria’s total crude oil exports, making the United States Nigeria’s largest trading partner. U.S. energy companies may face increasing competition for rights to the country’s energy resources; China, for example, has offered Nigeria favorable loans for infrastructure projects in exchange for oil exploration rights. The U.S. Export-Import (Ex-Im) Bank signed an agreement in October 2011 with the Nigerian government that aims to secure up to $1.5 billion in U.S. exports of goods and services to support power generation reforms. A U.S. trade delegation composed of government officials, Ex-Im Bank executives, and energy companies traveled to Nigeria in February 2012 to discuss the participation of American companies in the development of Nigeria’s energy infrastructure. Gulf of Guinea crude is prized on the world market for its low sulphur content, and Nigeria’s proximity to the United States relative to that of Middle East countries makes its oil particularly attractive to U.S. interests. The United States has coordinated with Nigeria through various regional forums and maritime security initiatives.54 Nigeria’s waters have been named among the most dangerous in the world; the country ranked first in global pirate attacks until it was overtaken by Somalia in 2008, according to the International Maritime Bureau. Nigeria is also considered a growing transshipment hub for narcotics trafficking, and several Nigerian criminal organizations have been implicated in the trade. The U.S. Navy has increased its operations in the Gulf of Guinea in recent years and in 2007 launched the African Partnership Station (APS).55 APS 53 U.S. Commercial Service, Doing Business in Nigeria: 2011 Country Commercial Guide for U.S. Companies. For further information on maritime and port security issues in the region, see, e.g., the Atlantic Council, Advancing U.S., African, and Global Interests: Security and Stability in the West African Maritime Domain, November 30, 2010; and CDR Michael Baker, “Toward an African Maritime Economy,” Naval War College Review, Vol. 64, Spring 2011. 55 Under APS, U.S. and partner naval ships deploy to the region for several months to serve as a continuing sea base of operations and a “floating schoolhouse” to provide assistance and training to the Gulf nations. Training focuses on (continued...) 54 Congressional Research Service 16 Nigeria: Current Issues and U.S. Policy deployments have included port visits to Nigeria and joint exercises between U.S., Nigerian, European, and other regional navies. Nigeria’s Role in Regional Stability and Counterterrorism Efforts Nigeria plays a significant role in peace and stability operations across Africa, and the United States provides the country with security assistance focused on enhancing its peacekeeping capabilities. Bilateral counterterrorism cooperation has reportedly improved in the aftermath of the December 2009 airliner bombing attempt, although some Nigerian officials remain sensitive to perceived U.S. interference in internal affairs. The Nigerian government has coordinated with the Department of Homeland Security, the Federal Aviation Administration, and the International Civil Aviation Organization to strengthen its security systems, and the country now uses full body scanners in its international airports. Nigeria is a participant in the State Department’s Trans Sahara Counterterrorism Partnership (TSCTP), a U.S. interagency effort that aims to increase regional counter-terrorism capabilities and coordination. A recent anti-terrorism capabilities assessment conducted by the State Department deemed Nigeria “at high or critical risk” of terrorist threat in more than a dozen categories, including land and maritime border security, critical infrastructure security, and explosive incident countermeasures. The Obama Administration has committed through the BNC dialogue to support Nigerian efforts to increase public confidence in the military and police to respond more effectively to the threat posed by extremists. As noted above, the State Department has designated three individuals linked to Boko Haram as Specially Designated Global Terrorists.56 U.S. Assistance to Nigeria Nigeria is the second largest recipient of U.S. bilateral foreign assistance in Africa, following another strategic partner, Kenya. In Nigeria, the United States is the largest bilateral donor, providing roughly $600 million annually (see Table 1).57 Improved health and education services, democratic governance, agriculture and economic reform, improved education and health services, professionalization and reform of the security services, and HIV/AIDS have been the main areas of focus for U.S. assistance programs in recent years. Governance aid focuses on the justice and electoral systems, on advancing anti-corruption efforts, and on initiatives to make governance structures more responsive and accountable. U.S. economic growth assistance supports programs that aim to increase agricultural productivity and build trade and investment capacity. This funding also aims to address climate change, including through efforts to increase the production of clean energy and reduce gas flaring. Nigeria is a focus country under the President’s Emergency Plan for AIDS Relief (PEPFAR) and the President’s Malaria Initiative (PMI), and Nigerian farmers benefit from agriculture programs under the Feed the Future (FtF) initiative that focus on building partnerships with the private sector to expand exports and generate employment. In the Niger Delta, USAID has paired with Chevron on a four-year, $50 (...continued) maritime domain awareness and law enforcement, port facilities management and security, seamanship/navigation, search and rescue, leadership, logistics, civil engineering, humanitarian assistance and disaster response. 56 These individuals are Abubakar Shekau, Boko Haram’s most visible leader, and Khalid al-Barnawi and Abubakar Adam Kambar, both of whom have ties to Boko Haram and close links to AQIM, according to the State Department. 57 For further information on current U.S. assistance programs, see, e.g., Testimony of USAID Assistant Administrator for Africa Earl Gast, in U.S. Congress, House Subcommittee on Africa, Global Health, and Human Rights, U.S. Policy Toward Nigeria: West Africa’s Troubled Titan, July 10, 2012. Congressional Research Service 17 Nigeria: Current Issues and U.S. Policy million program (of which USAID is contributing half) to improve agricultural development as well as civil society and governance capacity. In the north, USAID is implementing “flagship” education, health, peace, and governance programs designed to concentrate resources, build partnerships, and achieve maximum impact in two states: Bauchi and Sokoto. Security cooperation has increased since the mid-2000s,58 and the State Department’s FY2013 security assistance request, which focuses on military professionalization, peacekeeping support and training, and land and maritime border security, includes $1 million in Foreign Military Financing (FMF) and almost $1 million for military education and training. U.S. officials have stressed the importance of civilian oversight of the military, and respect for human rights and the rule of law, in their engagements with Nigerian military officials.59 In addition to peacekeeping support provided through the State Department’s African Contingency Operations Training and Assistance (ACOTA) program, Nigeria also benefits from security cooperation activities with the California National Guard through the National Guard State Partnership Program. U.S. counterterrorism assistance to Nigeria includes programs coordinated through TSCTP and other regional State Department initiatives, as well as through Department of Defense funds. U.S. support for Nigerian law enforcement has been limited due to human rights concerns. Congressional Engagement Terrorism-related concerns have dominated congressional action on Nigeria in the 112th Congress, although Members also continue to monitor human rights and humanitarian issues, developments in the Niger Delta, and Nigeria’s energy sector in the context of world oil supplies. As international media attention on Boko Haram grew in the wake of the August 2011 U.N. bombing, the House Homeland Security Subcommittee on Counterterrorism and Intelligence held a hearing to examine the group’s potential to commit acts of terrorism against U.S. interests or against the United States. In a related report, the committee raised concerns about the dearth of information available on the group and the potential to underestimate Boko Haram’s potential threat to U.S. interest. The report suggested that the U.S. government expand military and intelligence support, as well as diplomatic engagement with Nigeria, and examine whether Boko Haram should be designated as a Foreign Terrorist Organization (FTO).60 Subsequent legislation has been introduced to press the State Department on the FTO issue. In congressional testimony on worldwide threats, the Director of National Intelligence (DNI) declared Nigeria to be “critical to U.S. interests,” highlighting three key challenges the country faces in 2012—“healing political wounds” from the 2011 election, “managing the chronic unrest” in the Niger Delta, and addressing the threat posed by Boko Haram, the last of which he identified as “most pressing.” He expressed concern that Boko Haram may be interested in hitting additional Western targets in Nigeria.61 The Africa subcommittees in both houses held hearings on Nigeria in 2012 to consider U.S. policy on governance, security and trade issues in the country. Congressional attention to these and other issues is expected to continue through the remainder of the 112th Congress. 58 U.S. security cooperation with Nigeria was restricted until the transition to civilian rule, and it was suspended in the early 2000s when Nigeria hosted exiled Liberian President Charles Taylor. 59 Remarks by Ambassador Terence P. McCulley at the National Defense College in Abuja, April 26, 2012. 60 U.S. Congress, House Homeland Security Subcommittee on Counterterrorism and Intelligence, Boko Haram: Emerging Threat to the U.S. Homeland, committee print, 112th Cong., November 30, 2011. 61 Testimony of Director of National Intelligence James R. Clapper, in U.S. Congress, Senate Select Committee on Intelligence, Current and Projected National Security Threats to the United States, January 31, 2012. Congressional Research Service 18 Nigeria: Current Issues and U.S. Policy Table 1. State Department and USAID Assistance to Nigeria ($ in thousands) FY2011 Actual FY2012 Estimate FY2013 Request Development Assistance 55,791 50,291 50,200 Foreign Military Financing 1,212 1,000 1,000 Global Health and Child Survival - State 471,227 441,227 438,600 Global Health and Child Survival - USAID 101,971 132,000 108,900 International Military Education and Training 1,013 870 750 International Narcotics Control and Law Enforcement 1,250 0 0 Nonproliferation, Antiterrorism, Demining and Related Programs 0 0 0 TOTAL 632,464 625,388 599,450 Source: State Department Congressional Budget Justifications for Foreign Operations. Figure 2. Map of Nigeria Congressional Research Service 19 Nigeria: Current Issues and U.S. Policy Author Contact Information Lauren Ploch Specialist in African Affairs lploch@crs.loc.gov, 7-7640 Congressional Research Service 20