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On This Page 1. EXPLANATORY NOTES ON A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CORPORATE SOCIAL RESPONSIBILITY COMMISSION  2. A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CORPORATE SOCIAL RESPONSIBILITY COMMISSION   3. A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE ANTI-TORTURE COMMISSION   4. A BILL FOR AN ACT   TO PROVIDE FOR THE ESTABLISHMENT OF THE ENVIRONMENTAL POLLUTION TAX COMMISSION   5. A BILL FOR AN ACT   TO PROVIDE FOR THE ESTABLISHMENT, DEVELOPMENT OPERATION MAINTENANCE, MANAGEMENT AND ADMINISTRATION OF THE NIGERIA INDUSTRIAL DEVELOPMENT ZONES AND FOR MATTERS CONNECTED THEREWITH:

EXPLANATORY NOTES ON A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CORPORATE SOCIAL RESPONSIBILITY COMMISSION     Background The Bill seeks to establish the Corporate Social Responsibility Commission for the control and regulation of the activities of Corporate Organizations in Nigeria. It is entitled A Bill For An Act To Provide For The Establishment Of The Corporate Social Responsibility Commission.   Corporate Social responsibility refers to the obligation of an organization to seek actions that protect and improve the welfare of the society along with its interest. Otherwise referred as organizational social responsibility, it is a term often used in reference to the concept of social responsibility as applied to business organizations to the host community.   The World Business Council for Sustainable Development (WBCSD) defines Corporate Social Responsibility as the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as the local community and the society at large.   The Objective of the Proposed Bill Organizational Social Responsibility movement started in the 1960’s with the emergence of various social movements e.g. civil rights, women liberation and environment-protection association in the United States of America. These bodies helped to enlighten the public that organizations have social responsibility to the host communities.   In modern times, the dire need to solve the problems of organizations and their host communities brought in a new perspective in Corporate Social Responsibility. The generally accepted expectation now is that corporate organizations should make profit through legal means, and at the same time identify human rights, employee rights, and the challenges of environmental protection and community development as core values in corporate social responsibility. It is also generally accepted that society is best served by the regulatory hands of the law and political process in protecting a community’s right to corporate social responsibility.   Industrialization Challenges In Nigeria Corporate social responsibility is one of the burning issues in Nigeria. Companies deriving benefits and maximizing profits from communities are not appropriately responding to needs of host communities through strategic philanthropy, environmental protection, and community development.   The evolving principles of Corporate social responsibility in Nigeria are hitherto being propelled mainly by NGO’s –– shareholders, consumers and communities, all non-governmental organizations. The nearest effort by the Nigerian Government in this regard is the Vision 2010 which preached partnership between government and corporations for improvement in social equity and justice, continuous funding of community development, and sustenance of unpolluted environment.   Vision 2010 was discarded before it could be implemented. However, the need for both government and corporations to demonstrate their corporate responsibility by pursuing sound environmental and socially based policies cries for urgent attention, as the deteriorating environmental and social situations in Niger Delta, Ajaokuta, Warri and some industrial estates in Lagos daily warn.   Highlights of Bill Consequently, this Bill seeks to ensure that corporations/companies:- a.                   Contribute to economic, social and environmental progress with a view to achieving sustainable development of the affected communities, b.                  Respect the human rights of those affected by their activities in keeping with Nigeria’s international obligations and commitments c.                   Encourage local capacity through close co-operation with local community, including local business interests, as well as developing appropriate linkage lines of their corporate activities to the benefit of the communities d.                  Develop and apply effective self regulatory practices and management systems that foster a relationship of confidence and mutual trust between enterprises and societies in which they operate e.                   Support and uphold good governance principles and practice, and f.                    Abstain from any improper involvement in local political activities.         A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CORPORATE SOCIAL RESPONSIBILITY COMMISSION     Sponsored by Senator Uche Chukwumerije, Senate, Abia North.     EXPLANATORY MEMORANDUM   (Note that this introduction does not form part of this act. It is only intended to explain its purport).   This Bill seeks to provide for comprehensive adequate relief to communities which suffer the negative consequences of the industrial and commercial activities of companies operating in their areas.   The Bill seeks to create a specific body for the execution of this highly important social responsibility.   It also provides for penalty for any breaches of corporate social responsibility.

A BILL FOR AN ACT   TO PROVIDE FOR THE ESTABLISHMENT OF THE CORPORATE SOCIAL RESPONSIBILITY COMMISSION     Sponsor:                     Senator Uche Chukwumerije, Senate, Abia North.   (Commencement)   BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria. As follows:   PART ONE Establishment of corporate social responsibility commission 1 (1)  There is hereby established a Commission to be known as Corporate Social Responsibility Commission.         PART TWO Commission 2 (1) (a) Shall be a body corporate with perpetual succession and common seal; and     (b) May sue and be sued in its corporate name and may, for the purpose of its function, acquire, hold or dispose of property.     (2)  The Commission shall be headed by a Director General who shall be responsible for the overall operations of the Commission, and shall be equivalent in rank to a Permanent Secretary in the Public Service of the federation;     (3)  The Director General shall be the Accounting Officer of the Commission;     (1) The Director General shall be appointed by the President and confirmed by the National Assembly –– the appointment shall be based on professional competence and qualification, and without regard to political and partisan affiliations.;     (2)   The Director General shall hold office in the first instance for a period of 4 years and may be re-appointed for a further period of 4 years and not more than such terms and conditions as may be determined, from time to time by the Presidency;       Staff of the Commission 3 (1)  There shall be office of Directors:     (a) A Director of Admin and Supply;     (b) A Director of Legal Services;     (c) A Director of Finance;     (d) A Director of Operations and Research     (2)   The Terms and condition of service including remuneration, allowances, benefits and pensions of officers and employees of the Commission shall be determined by the Board provided that: The staff of the Commission shall be public officers as defined in the Constitution of Federal Republic of Nigeria 1999. Service of the Commission shall be approved service for the purpose of the Pension Act and accordingly and officers and other persons employed in the Commission shall, in respect to their services be entitled to pension, gratuities and other retirement benefits as prescribed there under. Governing Board of the Commission 4 (1)   The Governing Board of the Commission shall consist of:- a.         A Chairperson; b.         A Human Rights lawyer; c.         A person from environmental protection agency; d.         A person not below the rank of a Director from the office of the Secretary to the Government of the Federation; e.         A person not below the rank of a Director from Ministry of Commerce and Industries; f.          A person from the organized private sector; g.         A person form Manufacturers Association of Nigeria; h.         The Director General Security and Exchange Commission or his representative; i.          A community development expert; j.          The President Nigeria Labour Congress or his representative; and k.         The Chief Executive of the Commission.     (2) The members of the Governing Board, other than the Director General and the Secretary, shall be part time members; (3) The members of the Governing Board other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation by the Senate; (4) The members of the Governing Board other than ex-officio members shall hold office for a period of 4 years and may be re-appointed for a further term of 4 years and no more; (5) A member of the Governing Board may at any time be removed by the President for inability to discharge the functions of his (whether arising from infirmity of mind or body or any other cause) or for misconduct; (6) A member of the Governing Board may resign his membership by notice in writing addressed to the President and that member shall, on the date of receipt of notice cease to be a member; (7) Where a vacancy occurs in the membership of the Governing Board, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor; and (8) The Governing Board may take a standing order regulating its proceedings or those of its committees.         PART THREE Functions And Powers of The Commission 5 (1)   Subject to this Act and in addition to any other functions conferred on it by other provisions of the Act, the Commission shall:- a. Create a standard for social responsibility of corporate organizations that is consistent with international standards; b.  Integrate social responsibility in Nigeria trade policies while respecting WTO rules and not creating unjustified trade barriers by seeking to introduce provisions in bilateral regional or multilateral agreements; c.   Conduct research and investigation of needs of host communities of Corporate Organizations; d.   Serve notices of social responsibility requests to organizations; e.  Identify socially responsible behaviour in compliance with National and Community legislation on equality and non-discrimination in all activities of companies; f.   Implement social and environmental regulation consistent with convention and serve as inspection regime of these agreements; g.   Carry out classification of corporate organizations, ranking them according to organizational size and magnitude of investment, which shall determine the nature of corporate social responsibility expected of them; h.   Publish annual reports on social and environmental impacts of company’s direct activities on communities; i.   Develop policies to encourage corporate organizations to undertake community engagements as part of corporate social responsibility, and ensure that companies sponsor cultural and educational activities that offer added value to Nigeria’s socio-political and technological development. Provided the cost of a company’s total corporate social responsibility for a given year is not less than 3.5% of its gross annual profit for that year. j.    Promote statutory labour standards and collective social governance in the context of globalization; k.   Ensure that companies are accountable not only to employees and their trade unions, but to investors, consumers, host communities and the wider environment; l.    Sanction through fines or offer incentives to companies who default or comply with corporate social responsibility rules and principles; m.  Develop environmental guidelines that need to be met by  corporations doing business in Nigeria; n.    Peg and monitor the implementation of local contents in terms of employment and sourcing of raw materials; o.  Introduce and ensure social responsibility compliance labels which do not violate WTO rules; p.  Generally enter into any contract or perform any act, whether within the Federal Republic or outside, as will in the opinion of the Governing Board contribute towards attainment of the Commissions objectives;         PART FOUR Financial Provisions 6 (a)  The Commission shall establish and maintain a fund which shall cover all expenditure incurred by the Commission;     (b)   There shall be credited to the fund, established in pursuance of subsection (a) of this section, such payments as may be made by the Federal Government for the running expenses of the Commission and all other assets accruing from time to time to the Commission; and     (c)   The Commission may establish and maintain one or more funds into which shall be credited such payments as may be made to it by donor and other agencies from time to time for the purpose of supporting corporate social responsibility and programmes in Nigeria.         PART FIVE Miscellaneous Provisions 7 (1)   The Commission shall seek and receive information that will help it in the discharge of its responsibility. Such information cannot be withheld by persons, organizations and corporations.     (2)  The Commission shall have the power to temporarily shut down and suspend operations of an organization, corporation or a company for a minimum of 30 working days as a penalty for non-compliance with statutory requirement of the corporate social responsibility as stipulated in this Act.     (3) An organization that fails to comply with the statutory requirement of this Act commits an offence under this Act and is liable on first conviction to a fine not less than 2% of its gross annual profit and on subsequent violation to a fine of not less than 3.5% of its annual gross profit in addition to compliance with statutory corporate social responsibility within the given period.     (4)   A person that willfully obstructs the Commission or its authorized staff in the exercise of any of the powers conferred on its by this Act commits an offence and is liable to imprisonment upon conviction of not less than six months.       EXPLANATORY NOTE ON THE ANTI-TORTURE COMMISSION BILL   The term torture means any act by which severe pain or suffering whether physical or mental is intentionally inflicted on person for such purposes as obtaining from him or a third party information or a confession, punishing him for an act he/she or a third party has committed or is suspected of having committed or intimidating or coercing him or a third party or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public officer or other persons acting in an official capacity.   The right to a fair trial is a standard recognized by civilized nations. It is a term that is made up of various rights which collectively ensures a defendant gets a fair trial. This right is considered a fundamental guarantee that must be accorded all individuals whatever the accusations and no matter how heinous the alleged crime.   The 1999 Constitution in sections 34(1) (a) and 36(1) succinctly provides for Right of Dignity of human person, that no person shall be subjected to torture or to inhuman or degrading treatment and Right to Fair Hearing respectively. The prohibition against torture has the status of a peremptory humanitarian norm, that is, it should be biding on all security agencies and no derogation under any circumstances is permitted.   The foregoing would then branch of to make the conditions of detention to be humane at all times. Torture and other cruel, inhuman or degrading treatment should be prohibited absolutely and its violations be made to be so serious as to warrant individual and state responsibility.   Chapter 4 of the 1999 Constitution provides for the guarantee of Human Rights for everybody thereby ensuring that an individual must be given access to courts and by extension legal counsel. This is put in place to make it clear that the state does not abuse its powers. Failure to allow access to legal counsel and the time and facilities to prepare a defence may breach this fair trial principle. Most conditions of detention so severely hamper the health and well-being of the individual that a fair trial is no longer possible on grounds of ill-health.   Going by the provisions of 1999 Constitution which provides for Right to Personal Liberty in section 35(1) (a) – (f) it is only when the conditions mentioned in paragraphs (a) – (f) of the section that deprivation of Personal Liberty can be abrogated in accordance with a procedure permitted by law.   Part 2 of the Criminal Procedure Act in section 4 provides that no unnecessary restraint should be made on an arrested person or in the process of arresting an offender unless the restraint is considered necessary for the safety of the person arrested. Presently measures to ensure the dignity of detainees are in place in existing laws but its practical application is lacking.   The proposed Bill therefore seeks to establish policies that direct how security forces and agencies should operate. This include but not limited to: Policies and procedures that diminish incentive to use torture, such as regulating the role that confessions play in the overall administration of Justice. Prosecuting of or other sanctioning of torture of persons who ill-treat detainees. The overall responsibility for avoiding impunity.   These roles would be performed by the Commission that the proposed Bill seeks to establish.   The existing law does not give a clear understanding of what torture is and why it is wrong as well as very practical ideas on how to prevent its use. Freedom from torture in an inalienable right therefore, the proposed Bill seeks to establish something new at this time when basic treaties and other human rights norms have been undermined and for so many of us there have been a disheartening retreat from the clarity of the prohibition against all forms of torture as well as cruel, inhuman or degrading treatment. Torture in its entirety causes inhuman suffering and inhuman treatment, there are some faulty premises or fantasies about the benefits of torture but what is striking about the benefits and pay off is the lack of recognition of the physical and psychological damage of torture and inhuman treatment. There are different physical symptoms associated with the form of torture endured by detainees, there is a remarkably common pattern of profound emotional reactions and psychological symptoms that transcends cultural and national differences.   While it is important to recognize that not only everyone who has been tortured develops a diagnosable mental disorder, it is equally important to recognize that for many survivors, the symptoms and after effects of torture endures for a lifetime. Torture in the modern world is not primarily a tool for gaining information but rather a political weapon, that uses fear to shape societies. It reminds us that it is not abstract but dirty, intentionally degrading and humiliating for the victim and the victimizer.       GENERAL PRINCIPLES OF THE BILL 1.         Presumption of Innocence – Section 36(5) of the 1999 Constitution:- This should be the bedrock of our sense of justice. Its corollary is that one should not be punished until guilt is established. But there is nothing more punishing than the strategic but sadistic use of pain to force a confession or to gain information. Punishment before guilt is proven must be viewed as anathema to values. 2.         Punishment must fit the crime, but should never descend to barbarity. 3.         The most practical tool against torture is section 35(2) of the 1999 Constitution which protects a detainee from answering any question until after consultation with a legal practitioner or any other person of his own choice in order to substantiate the fact that the burden of proof lies on the prosecution. 4.         Torture does not yield reliable information, it is unreliable and distracting from the hard work of interrogation.   This Bill if put in place by establishing an anti-torture commission, will lend voice to existing laws to vehemently oppose torture as a matter of fundamental principle. This will be achieved by ensuring that security agents get training that promotes human rights compliance. The Commission proposed by this Bill will promote a more intensive and concerted approach to eradicate torture.   An anti-torture initiative to tackle torture throughout the world was launched in October 1998. Phase 3 of the initiative was launched on 26th June 2002. As a part of this initiative, which included diplomatic activity, support for regional organizations and practical projects, the Foreign and Commonwealth office launched 2 rounds of worldwide lobbying for the universal ratification of UN convention against torture and another round on implementation.   The UK Parliament in 2007 enacted a Bill to make provision for actions for damages for torture etc, the US Senate too have a law in respect of torture but it is surrounded by controversies anyway due to some moral and political errors in the Bill. The Nigerian Government should not be left out in this fight against torture, more so as a member of Commonwealth of Nations and in line with the foregoing Commonwealth offices anti-torture initiative launched, which has continued to provide a focus on this issue.

A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE ANTI-TORTURE COMMISSION     Sponsored by Senator Uche Chukwumerije, Senate, Abia North.     EXPLANATORY MEMORANDUM   (Note that this introduction does not form part of this act. It is only intended to explain its purport).   This Bill seeks to establish policies that direct how security forces and agencies should operate.   The Bill seeks to introduce the prosecution of or other sanctioning of torture of persons who ill-treat detainees.   It also introduces the overall responsibility for avoiding impunity.   A BILL FOR AN ACT   TO PROVIDE FOR THE ESTABLISHMENT OF THE ANTI-TORTURE COMMISSION   Sponsor:                                 Senator Uche Chukwumerije   (Commencement)   BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:   PART ONE:   ESTABLISHMENT Establishment of Anti-Torture Commission 1 (1)   There is hereby established a Commission to be known as The Anti-Torture Commission (in this Act referred to as ‘the Commission).