THE reported death of an unnamed Nigerian in the custody of the China police has again ignited the regular scenario of how Nigerians are routinely ill-treated in foreign lands, with no one seeming to care - neither by the home country, nor the host. The latest incident, on Monday, June 18, 2012 in the city of Guangzhou, Southern China, left the Chinese Police in high suspicion of extra judicial dealing. The Nigerian, whose name was not made public, was alleged to have fought with a driver of an electric bicycle over service fare and was consequently beaten up by a group of Chinese and later taken into custody by the local police. According to the police source, he fell unconscious and efforts made to revive him were fruitless, as he later died. The incident provoked some Africans in the province, with an estimated 200,000 Africans staging a public protest.
The mistreatment of Nigerians by foreign countries has become too unpleasant to bear. Many are imprisoned without fair trial and others are deported under inhuman conditions in clear violation of international edicts regarding the treatment of foreign nationals. In Indonesia alone, over 300 Nigerians are said to be in prison, and majority of them on life sentences. The ironic twist to these developments is that Nigerians have lost the respect of the international community to a level that they are disregarded by foreigners who are consequently inclined to treat them contemptuously.
Currently, in Ghana, Nigerian migrant traders are under threat of eviction by the Ghanaian authorities for violation of its Foreign Investment Act of 1994 that requires foreigners, including Nigerians, to register with a minimum requirement of $300,000 (about N46 million). It is unlikely that Nigerian petty traders in that country can afford this amount. It is noteworthy, however, that the House Committee on Diaspora has taken up the matter. It should not end at the level of media rhetoric.
While most countries treat Nigerians with disdain, the country's diplomatic missions function like tourist centres whose officials are less perturbed with infringement on the rights of Nigerians. Only recently did the Foreign Ministry invoke the principle of reciprocity against South Africa over the deportation of some Nigerians, due to controversial vaccination cards.
The point should be stressed that if any Nigerian must face punishment for offences committed in foreign countries, he or she must be accorded due process. The mere offering of condolence message to the family of the deceased by the Chinese Embassy in Nigeria is not enough. The Chinese authorities should offer explanation over what happened to the Nigerian. They know very well the position of international laws on this issue. Indeed, the responsibility of a government towards a foreigner cannot be less than that which the government owes its citizens. The principle of national treatment means equal treatment to both foreigners and locals. Under national treatment, if a state grants a particular right, benefit or privilege to its own citizens, it must also grant same advantages to the citizens of other states while they reside in that country.
Both the Vienna Convention on Consular Relations and International Law Commission Draft Articles on Diplomatic Protection are clear on these issues. Under the former's Article 36, local authorities are warranted to notify all detained foreigners "without delay," of their right to have their consulate informed of their detention. At the request of the national, the authorities must then notify the consulate without delay, facilitate unfettered consular communication and grant consular access to the detainee. Consuls have full powers to arrange for their nationals' legal representation and to provide a wide range of humanitarian and other assistance, with the consent of the detainee. Local laws and regulations must respect the rights enshrined in the article. The scope of the latter "consist of the invocation by a state, through action or other means of peaceful settlement, of the responsibility of another state for an injury caused by an internationally wrongful act of that state to a natural or legal person that is a national of the former state with a view to implementation of such responsibility."
In the matter under focus, at the time of the incident, the family members were not allowed access to the deceased. From all indications, the Chinese authorities have not met their obligation under international law. Therefore, the Nigerian embassy ought to be alive to its responsibility to make public details of the victim and also let the Chinese authorities know Nigeria's resentment of the crude treatment of the deceased. It is objectionable that the embassy has not issued a statement to clarify the incident. Foreign countries must respect the rights of Nigerians in their domain, just as they expect Nigeria to respect their nationals in this country. And in this current matter, the Chinese authorities should be held answerable.
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