LECTURE On: Knowledge Of Human Rights Provisions And How To Curb Their Violations I

                                                  LECTURE                                                                

On: 

Knowledge Of Human Rights Provisions And How To Curb Their Violations In Nigeria

(For the constituents of the Onitsha South/Onitsha North Federal Constituency & general public)

                                                                  By:

                                 Emeka Umeagbalasi, B.Sc., CSS, M.Sc., PCR

Chair, Int’l Society for Civil Liberties & Rule of Law (Intersociety), Onitsha, Eastern Nigeria

Introduction/Definition: By nature or Godly speaking, human beings have certain inalienable rights which they must enjoy as they are all created equal by God. These fundamental rights or freedoms are intricately or inseparably part of every human person created by God; making him or her complete handiwork of God.

Humanly speaking, it is the duty of every democratic State to preserve, protect, advance and guarantee or grant these fundamental freedoms in its civilized Constitution and other body of laws; taking into account their democratic limitations. In other words, human rights or guaranteed/granted freedoms are those attributes in human nature planted or inculcated from creation in every human person; without which no human person can exist in his or her completeness.

When holistically or partly violated or deprived, they remove the completeness of the human person or make him or her a sub human; with the victim referred to as “a victim of society or man’s inhumanity to man”. These explain the notion of “human rights being inalienable, indivisible, indissoluble and equal or universal”; meaning further that a human right cannot exist without others: i.e. right to life can never exist without rights to personal dignity, liberty, food, shelter, identity, development, safety or security, etc.

To curb excesses in the course of enjoyment or exercise of those guaranteed or granted freedoms, civilized laws, processes and regulations are put in place by every democratic or limited government-leading to such democratically checkmated freedoms being called or referred to as “guaranteed or granted freedoms”; or “fundamental human rights” in Nigerian context.

That is to say every human being must enjoy these rights or guaranteed/granted freedoms without encroaching on those of other citizens or hampering the legitimate public interests in a democratic society or State. Where a State is riddled with tyranny or dictatorship leading to perpetration and perpetuation of regime atrocities, citizens are empowered to rise constitutionally or legally or politically in defense of their guaranteed human rights.

It must be pointed out that the Knowledge of human rights and their workings fares best when it is not used selfishly or as an instrument of intimidation and social pride by a citizen or a group of citizens or a State or its institution or a body corporate or a social enterprise or institution but when used maximally for the betterment of the society and general citizens or individual citizen, as case may be.

Statute Definition Of Human Rights: They are inalienable, indissoluble and indivisible or universal rights which all human beings are equally entitled to; irrespective of creed, nationality, race, political opinions, color, social affinity, age, gender, sex, socio-economic class, ethnicity or religion. The enjoyment of these rights is not absolute, and is subject to respecting the rights and freedoms of others and the community rights and responsibilities put in place in a democratic setting to ensure public security, safety, order, morality, cohesion and peaceful coexistence. Above all, the foundations of the United Nations, the African Union and the Federal Republic of Nigeria, etc are all laid or founded on Freedom, Equality and Justice. These are enshrined in the Charters of the UN and the AU as well as the Preamble of the Constitution of the Federal Republic of Nigeria 1999.

Types Of Universally Available Human Rights:  They include: Right to Life, Right to Personal Liberty, Right to Dignity of Human Person, Right to Freedom of Movement and Right to Freedom of Religion & Worship anciently proclaimed by Emperor Constantine De Great (AD306-337) during the Christian Roman Empire via the Edict of Milan of AD313 or decriminalization of Christian worship, which started in April 311 with the enactment of the Edith of Toleration.

Others are: Right to Conscience and Thought, Right to Peaceful Assembly & Association, Right to Education, Right to Work and Remunerations (or right to equal pay for equal work done), Right to Freedom of Expression & Press, Right to Privacy & Family, Right to Freedom from Discrimination, Right to Own Immovable Property, Right to Fair Hearing, Right to Rest & Leisure, Right to Social Life & Social Amenities and Right to Vote or be Voted for at Elections

The rest are: Right to Participate in the Public Affairs of one’s country & Serve in its Public Offices, Right to Good Working Environment, Right to Health, Right to Live in Protected or Healthy Environment, Right to Shelter, Right to Food Security, Right to Clothing, Right to Citizenship, Right to Independent Opinions and Ideas, Right to Parental Care, Right to Asylum & Refugee, Right to Live within and across Borders, Right to Equality before the Law, Right to Compensation in the event of Rights Abuse, Right to Development, Right to Self Determination, Right to Ethnic Identity and Right to Showcase one’s Culture and Tradition in a way not harmful to others.

Categorization Of Human Rights: Human Rights are majorly categorized into Three Generations of Human Rights. First generation rights are called Civil & Political Rights, i.e. right to life and right to freedom of expression. The second generation rights are called Economic, Social & Cultural Rights, i.e. right to education, right to health, right to work and right to rest and leisure. The third generation rights are called Collective/Community or Solidarity Rights, i.e. rights to citizens’ welfare, general security and safety and peaceful coexistence. There is also another one popularly called Fourth Generation Rights or Environmental Rights, i.e. right to healthy or protected environment and protected globalization, etc.

In other words, Human Rights are categorized into (1) individual rights or civil liberties, (2) collective or community rights, (3) social emancipation and cohesive rights and (4) environmental rights and protection duties. There are also citizens’ civic responsibilities; likewise government duties to the citizens. In the right to life, for instance, no government has a right to take away life of any citizen arbitrarily. This means that government can take away the life of any citizen provided it is in accordance with the law such as executing the sentence of a court of competent jurisdiction in matters involving capital punishment or in defense of rights of others like during violent uprisings or in armed conflicts (unarmed civilians exempted).

Government or its security forces are prohibited or outlawed from taking the lives of unarmed and defenseless protesters through the use of live ammunitions, but to strictly police such protests using modern crowd control tools and techniques like rubber bullets, pepper spray, water cannons, electric tasers (under extreme circumstances), body protectors, shields, batons, etc.

The Constitutional Right to Life in Nigeria is further strengthened by Sections 258 of the Nigeria’s Criminal Code, applicable in Southern Nigeria and Section 60 of the Penal Code, applicable in Northern Nigeria. The two Sections reinforcing the citizens’ right to life are called Self Defense rights provisions.

The citizens’ right to self defense is generally defined as “justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.” Under Sections 258 of the Criminal Code and 60 (a) of the Nigerian Penal Code, “every person has a right to defend his own body, and the body of any other person against any offence affecting the human body”

On the other hand, no citizen has a right to take away the life of another, except in an extreme circumstance like in self defense or in the event of a murderous attack. No citizen has a right to take away his or her own life no matter the circumstance. Also no corporate body or leadership has a right to take away the life of any citizen. In the event of violation of such right, the criminal law will pounce heavily on the latter,  individually or collectively.

In the event of individual criminal responsibility, the perpetrators caught will be charged and prosecuted for a particular type of murder depending on the mens rea or criminal guilty mind category applied; and in the event of collective criminal responsibility; members of the incorporated trustees or principal leaders of such body corporate or group such as business enterprises or social enterprises including churches and mosques will be charged for manslaughter (lesser degree of murder charge and punishment).

International, Regional & Local Human Rights Provisions: The mother-general of the global Human Rights instruments is called the Universal Declaration of Human Rights (UDHR), which was proclaimed by the United Nations on 10th December 1948. The UDHR contained 30 Articles covering the Four Generations of Human Rights highlighted above. The UDHR is morally binding on all 193 member-States of the UN and other authorities and persons around the world.

Other important human rights instruments of international background which are legally binding are the International Covenant on Civil & Political Rights and the Int’l Covenant on Economic, Social & Cultural Rights; enacted by the UN in 1966 and opened for ratification in 1976. Nigeria ratified them in 1993. They are legally binding on all authorities and persons around the world and once acceded to, no derogation is allowed.

Regionally speaking, there is an important regional human rights enactment called “the African Charter on Human & Peoples Rights”; enacted by the African Heads of States and Government in Nairobi, Kenya in 1981. Nigeria ratified and domesticated it in June 1983. All the regional and international human rights instruments or treaties and others ratified by Nigeria are executively and judicially enforceable in the country and are jointly called the Treaty Laws of the Federal Republic of Nigeria.

Locally, there is the Constitution of the Federal Republic of Nigeria 1999, as amended. The 1999 Constitution has various provisions for human rights including Fundamental Human Rights in its Chapter Four (sections 33-46 containing judicial safeguards or remedies). The Constitution also contains provisions for Social Contract called Fundamental Objectives & Directive Principles of State policy; otherwise called the non-justiciable Human Rights provisions.

These can be found in Sections 13-23 of the Constitution. The duties of the citizens or civic responsibilities are also contained in Section 24 (a-f) of the Constitution. There are several other human rights instruments enacted internationally, regionally and locally, i.e. UN Conventions against Torture and Gender Discrimination and the UN Conventions on the Rights of the Child and the Women’s Rights, etc. It is also important to mention that not all the human rights highlighted above as in, types of human rights, are contained in the Chapter Four or Fundamental Human Rights provisions (sections 33-46) in the 1999 Constitution. Out of the 35 int’l human rights highlighted above, only thirteen are provided in the Constitution of Nigeria 1999 under its Chapter Four or Fundamental Human Rights.

The 13 Constitutional Fundamental Human Rights are Right to Life (s. 33), Right to Dignity of Human Person (s.34), Right to Personal Liberty (s.35), Right to Fair Hearing (s.36), Right to Privacy & Family (s.37), Right to Freedom of Thought, Conscience & Religion (s. 38), Right to Freedom of Expression & Press (s.39), Right to Peaceful Assembly & Association (s.40) and Right to Freedom of Movement (s.41).

Others are: Right to Freedom from Discrimination (s.42), Right to Acquire & Own Immovable Property Anywhere in Nigeria (s. 43), Right to Compensation for Loss of Immoveable or Moveable Property (payment of interests) taken over by Government for purpose of public use or development (s.44), and Right to seek judicial remedies and compensations in the event of violation of any of the above named 13 Fundamental Human Rights by Government or citizen or group of citizens or body corporate or institution, etc (s.46).

Some human rights are also provided with ouster clauses (morally binding but legally or judicially unenforceable), otherwise termed  “non-justiciable Human Rights provisions”; largely found in the Chapter Two, i.e. rights to free secondary and tertiary education and free medical treatment, shelter, employment, etc.

Their enforceability ouster clause in the Chapter Two can be found in paragraph c of subsection 6 of Section 6 of the Constitution, which despicably and condemnably states as follows: the judicial powers vested in accordance with the foregoing provisions of this section, shall not, except as otherwise provided by the Constitution, extend to any issue or question as to whether any act or omission by any authority or person or as to whether any law or judicial decision is in conformity with the Fundamental Objectives & Directive Principles of State Policy, set out in Chapter Two of this Constitution.

There are also Social Contract provisions or prescribed duties of the Nigerian public office holders to the citizens and the Nigerian society. These top public office holders in Nigeria are presently numbering about 17,500. Their core duties as provided in the Constitution of Nigeria 1999 as amended are spelt out in the following Constitutional Sections under the Fundamental Objectives & Directive Principles of State Policy:  Section 13: it shall be the duty of all organs of government, and all authorities and persons, exercising legislative, executive or judicial powers in Nigeria, to conform to, observe and apply the provisions of this chapter of the Constitution (Chapter Two).

By Section 14, the Federal Republic of Nigeria shall be a State based on Principles of Democracy and Social Justice”. Section 14 (2) (a), “it is hereby, accordingly, declared that sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority. Section 14 (2) (b), the security and welfare of the people of Nigeria shall be the primary purpose of government.  Section 14 (2) (c), the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.

Section 14 (3), the composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or any of its agencies.

Section 15 (1), the motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress; 15 (2) accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited. By Section 10 of the same Constitution, the Government of the Federation or of a State shall not adopt any religion as State Religion.

By Section 17, the State Social Order is founded on ideals of Freedom, Equality and Justice; and by Section 17(2) in furtherance of this social order: (a) every citizen shall have equality of rights, obligations and opportunities before the law; Section 17 (2) (b) the sanctity of human person shall be recognized and human dignity shall be maintained and enhanced; and Section 17 (2) (c) government actions shall be humane. By Section 17 (2) (d) exploitation of human and natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented; and by Section 17 (2) (e) the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.

Curbing Human Rights Violations In Nigeria: The first step to be taken by citizens towards curbing the rampancy of human rights abuses or violations in Nigeria by individual or group citizens or Government is to stay away from crimes or refrain from being in conflict with the law particularly the criminal law as well as learning to work hard; accepting that lifetime challenges are integral part of every human person but can be overcome no matter how long it takes. This is more so when human rights abuse or violation usually takes place when a citizen particularly the youth engages in crime and other social deviances than otherwise. Once this becomes the case, remedies to curb such abuse also become likely ineffective.

The second step towards addressing rights abuse is by the citizen or citizens having the knowledge of the existence of the human rights provisions including where they are located (i.e. Constitution and other laws), when they were located, how they were located and why they were located or created. The third step is to seek to know how, where and when those human rights can be exercised or enjoyed and the limits to which they can be enjoyed or exercised.

The fourth step is to seek to know the instruments or channels through which they can be enjoyed or exercised or enforced. These instruments include use of courts, petitioning the elected or appointed public office officers including lawmakers; use of private or public interest petitions, use of police or other law enforcement or security agencies, use of lawyers or community or religious leaders and leaders of other nonviolent social groupings, use of human rights groups and their advocacies, through personal interventions especially if lettered; and through local, national and international campaigns including available justice and diplomatic remedies as well as tracking and documenting such rights abuses including regime atrocities.

Other important measures aimed at curbing human rights abuses in Nigeria or any part thereof are to put Government on its toes. The Government in this sense includes the Legislature, the Judiciary and the Executive. The Executive’s security agencies and justice departments and its general governance must be consistently monitored over their policies, laws and conducts especially on the issues of individual and public security, safety, law enforcement and public governance accountability. These can be done by ways of participation in the electoral process and engaging in constructive and consistent advocacies, criticisms, monitoring and evaluations as well as creation of independent databases, public interest petitions or litigations and issuance of periodic reports, etc.

Thank You

(Being Text of a Lecture on Awareness/Sensitization of the Onitsha South/North Federal Constituents on General Human Rights Violations and Dangers of Drug and Child Abuses; Human Trafficking and Domestic Violence organized by Hon Lynda Ikpeazu in collaboration with the National Directorate of Employment held on 14th & 15th June 2019 in Onitsha, Eastern Nigeria)

Presenter’s Contacts:

Mobile/WhatsApp: +2348174090052 * Email: [email protected] * URL: www.intersociety-ng.org