ABSTRACT
The concept of human rights is one which
seems to be pertinent to almost, if not all sovereign states in the international
system. Every personacross the world is entitled to human rights. It has become
a globally recognized and accepted notion that individuals possess certain
definite political, civil, economic and social rights which governments have
the duty and responsibility to protect and enforce such rights. Therefore the
idea of human rights has relevance to all and sundry without distinction as
regards race, ethnicity, color or language. The National Human Rights
Commission of Nigeria was established subject to the ratification of the United
Nations General Assembly Resolution to foster the protection of human rights
across the country.
This
study adopted a descriptive survey research design. Ancillary to the
qualitative research design, the survey research instrument which the
researcher used to obtain data is in-depth interview. The National Human Rights
Commission headquarters in Abuja (Metro Office) was selected as the centre of
analysis out of 23 offices of the Commission across the country. As such, 10
senior officials in the Human Rights Commission headquarter in Abuja were
interviewed in order to retrieve relevant data and information concerning the
study.
The
result showed that the commission has stood by the reasons of its establishment
to promote and protect the rights of Nigerian peoples especially in recent
years and the years under review. According to findings too, the challenges of
the Commission in its endeavor are insufficient funds, inadequate amenities for
effective performance, insecurity of staff, ignorance and illiteracy concerning
human rights education, and lack of respect for the commission’s awards
(judgments) by both citizens and the government.
Finally, this study expressed the inalienability of
human rights to every individual across the world and specifically the
establishment of the National Human Rights Commission of Nigeria to foster
human rights protection across the country. Having investigated the challenges
facing the Commission in its endeavor, recommendations on how to address the
identified challenges were given.
CHAPTER
ONE
INTRODUCTION
1.1 Background
to the Study
Attempting
to totally eradicate crime and corruption in any society of the world may seem
abortive. The reason for this is not farfetched. Conflict is innate in man.
This implies that every human being has the propensity to defend
himself/herself when there is perceived threat to one‘s life. This suggests the
reason why Coser (2006) argues that conflict is instinctual for us, so we find
it everywhere in human society. Humans have the ability to be both aggressive
and altruistic in behavior. However, the behavior shown depends on a host of
developmental, social and circumstantial factors. There is violent conflict
which may involve the use of arms.But there is also the conflict that we find
in our daily lives and relationships. Coser sees conflict as a normal and
functional part of human life, and believes that most social conflict is based
on the unequal distribution of scarce resources. This altogether brings into
lime light the idea of allocation of rights to every citizen cut across the
globe to reduce conflict.
Every person
the world over is entitled to human rights. It has become a globally recognized
and accepted notion that individuals possess certain definite political, civil,
economic and social rights which governments have the duty and responsibility
to protect and enforce such rights, (National Open University of Nigeria Study
Guide, 2014). Wright posits that these rights include the right to life, the
right to an adequate standard of living, freedom from torture and other
maltreatment, freedom of religion and expression, freedom of movement, the
right to self-determination, the right to education, and the right to
participation in cultural and political life, (Yusuf, 2014).
The history of human rights can be traced to
past documents, particularly the Al-Risalah al-Huquq (659-713),
Magna Carta (1215), the English Bill of Rights (1689),
the French Declaration
of the Rights of Man and of the Citizen (1789), and the Bill of Rights in the United States Constitution (1791).The idea of human rights in Nigeria
dates back beyond the advent of colonial rule. Human rights and Fundamental
freedoms were acknowledged in the traditional Nigerian societies. But the idea
of rights was not conceived in the modern notion as we have it now. Such values
as right to family, kin and clan membership, freedom of thought and conscience,
speech, belief and association, right to enjoy private property and right to
participate in governance of the affairs of the society were protected,
(Federal Republic of Nigeria, 2006).Subject to the fact that respect for human
rights would engender peace both locally and internationally, the United
Nations General Assembly Resolution No. 48/134 of 20th December 1993 implored all her member states to
establish National Human Rights Institutions relative to their environment,
(National Human Rights Commission, 2007).
Through this medium, the National Human Rights Commission was
established in Nigeria following the (NHRC) Act of 1995 which gained potency in
1996 to spring into action (although it was amended by the NHRC Act, 2010). The Act saddles the commission with the
authority to deal extensively with human rights issues while taking into
consideration the provisions of the constitution of the Federal Republic of
Nigeria. It enforces its power by protecting the poor, weak and vulnerable, and
other victims of human rights violation by offering free services which are
supposed to be accessible to the public.
Series of incidents of humanrights violation give the impression that
the rights of the citizens are not adequately protected by the commission. Such
violations of rights which include torture, extrajudicial killing, human
trafficking, unlawful detention, and so on are noted in details in subsequent
chapters. Before the new beginning of democracy in Nigeria in 1999, successive
military regimes violated the rights of Nigerians without remorse. The
height of violations of rights was observed during the military rule of Abacha
(1993-1998) with the execution of Ken Saro Wiwa and eight other Ogoni
non-violent human rights activists, (Alka, 2011).
After the dawn of democracy, civilian leaders similarly violated the
rights of citizens. Unlawful and extra-judicial killings, torture, cruel and inhuman
treatments from the armed forces were meted out to citizens under the civilian
rule. An example of such according to Animashaun (2013)
is the case of Godwin Anuka, a bus driver who was shot by a police constable on
the 2nd of March 2005, due to his refusal to bribe the police at the check
point in Makurdi, Benue State. This act is however contrary to section 33 of
the 1999 constitution on the right to life, which states that: “Every person
has a right to life, and no one shall be deprived intentionally of his life,
except in execution of the sentence of a court in respect of a criminal offence
of which he has been found guilty in Nigeria”
Despite the legal provisions concerning the enforcement of human rights,
the situation in Nigeria continues to deteriorate as various issues of the same
violations continue to occur. Over 50 years of independence, the Nigerian
society continues to face varying violations of their basic rights. Therefore,
this research was carried outin order to examine the role and efforts of the
Human Rights Commission in the protection of the rights of Nigerian citizens as
the constant violation of human rights are recorded daily in our societies.
This was done through the utilization of secondary data (Qualitative Research)
such as journals, articles, texts e.t.c concerning the discourse of this work
from the internet and hard copy documents. To amplify the data and information
received from the secondary source, interviews of human rights officials were
conducted. As a guide to this study, John Locke’s theory of “Natural Rights” is
adopted.
1.2 Statement
of the Problem
Human rights violation is a phenomenon that
has somewhat become a pronounced tradition which results to a gross violation
of human rights in the Nigerian. Adetoro & Omiyefa (2014) described human
rights violations as becoming a culture of impunity in the country. These
violations usually involve degrading and ill-treatments meted out on
individuals who are supposed to be protected by the state. Ancillary to that, the
researcher observes that violations of the rights to security and protection of
life causes fear and insecurity in the Nigerian society. Important to note
however, is that security is an important criterion for human existence and
coexistence.
During the military era, little or no concern
was given to human rights by the government. In the Fourth Republic however,
democratic rule is governed by a constitution which entrenches human rights
protection. Yet, violations of all sorts, both by criminal minded citizens and
the state officials are being perpetrated with impunity. More than 400 people
lost their lives to inter-communal conflict in Nigeria’s Middle Belt States and
scores were rendered homeless from these clashes in 2013. The Middle Belt is a human geographical
term designating the region of central Nigeria populated
largely by minority ethnic groups and stretching across the
country longitudinally. These include Kwara State, Kogi State, Benue State, Plateau State, Nasarawa State, Niger State, Taraba State, Adamawa State as
well as the southern parts of Kaduna State, Kebbi State, Bauchi State, Gombe State, Yobe State and Borno State. The
states specifically affected by the conflict were Benue State, Taraba State and
Plateau State (Human
Rights Watch, 2017).
Ancillary to this, the judiciary remained
nominally free from interference and pressures from other branches of the
government, but corruption did impede pursuit of justice. Poverty and
corruption continued to afflict the oil-rich Niger Delta, while the weakness of
anti-corruption institutions in government inhibited the realization of social
and economic rights and the fair transparent functioning of the public and
private sectors.
Even with the establishment of the Human
Rights Commission (HRC)and other human rights organizations in Nigerian, human
rights violation of different forms (such as kidnapping, extrajudicial killing,
unlawful arrest and detention, torture, human trafficking among others) are
still recorded on daily basis. Horrific abuses in the northern part of the
country by the Islamist militant group ‘Boko Haram’ and the Nigerian security
forces’ heavy-handed response to this violence has dominated Nigeria’s human
rights atmosphere over the years since 2013. In may 2013 for instance, Former
President Goodluck Jonathan imposed a state of emergency, which was extended
for another three months in November in the three states (Adamawa, Borno and
Yobe) where Boko Haram is most active. The emergency failed to put a stop to
the atrocities and protect civilians. All these are crimes against humanity (Human
Rights Watch 2017).
Compendiously, the level of human rights
violation in Nigeria gives the country a bad reputation in the international
system and altogether insecurity to the citizens at large.
1.3 Objective of the Study
The general objective of this study is to identify the challenges facing
the Human Rights Commission in protecting the rights of Nigerian peoples within
the years of 2011 and 2015. The specific objectives are to:
1. assess
the contributions of the Human Rights Commission to the enhancement of human
rights in Nigerian;
2. identify the challenges facing the Human
Rights Commission in protecting the rights of Nigerian peoples;
3. examine the consequences of human rights violation
on Nigerian societies; and
4. investigate the role of international
community in protecting human rights in Nigeria.
1.4 Research Questions
1. How has the National Human Rights Commission
contributed to the enhancement of human rights in Nigerian?
2. Are there challenges facing the human rights
commission’s enforcement of human rights in Nigerian societies?
3. What consequences has the violation of human
rights had on the Nigerian society?
4. How has the international community
contributed to the enforcement of human rights in Nigeria?
1.5 Significance of the Study
The level of human rights violation in Nigeria has increased up to the
point where it has become a culture which is practiced with impunity. Despite
the existence and effort of the Commission on the fight for human rights
protection in the country, the situation of human rights has still not changed
much for the better. This is not to say that the Commission has not lived up to
expectation. On the contrary, certain challenges hinder the effectiveness of
the organization. Upon completion of this research, the challenges facing the
National Human Rights Commission are identified and addressed with positive
recommendations.
To the society at large, this research brings into
fore the reasons why protection of human rights is imperative and encourages
citizens to report cases that threaten their existence to the commission. This
is expected to foster peace in the society. To academics, this research draws
the attention of the public to the progress of crucial organizations in
Nigeria, such as the National Human Rights Commission and how the organization
has fared over the years under review. Also, the present situation and effort
of the organization gives an insight to researchers to further investigate the
viability of the commission. This is as an important tool for researchers who
intend to work on the organization in future. Conclusively,
on completing this research, suggestions and recommendations on how the
commission should further pursue its course to the advantage of the society,
and how the accessibility of the commission to the public can be made easy in
order to engender peace and development in Nigeria as a whole were proffered.
1.6 Scope of the Study
This
study involves the investigation of the challenges facing the Human Rights
Commission in its endeavor to protect the rights of citizens in the country. It
covered the effort of the Commission in respect of various violations of the
fundamental human rights of the Nigerian citizenry ranging from the period of
2011 to 2015. This time frame was chosen particularly to assess the viability
of the commission in recent years since the phenomenon is an ongoing one.The
study focuses basically on the Commission which has 23 offices across the
country. However, the headquarter in Abuja (also known as Metro Office) was
selected as the centre of analysis in this research.
1.7 Operational
Definition of Terms
Human Rights: are described as the universal fundamental
rights which individuals of every state are entitled to irrespective of their
race, religion, ethnicity or sex. The most important of which are “Right to
life” and “Right to physical safety” because, without these two rights, it is
almost impossible to enjoy other rights. Human rights in this research arealso
referred to as rights, natural rights, fundamental rights or basic rights.
Human Rights Violation: To violate human
rights is to deny people their fundamental moral entitlements and so treat them
as if they are less than humans that do not deserve respect and dignity
(Michelle, 2003). It may involve treating man in a cruel, unfair
and/or violent way. This term is otherwise referred to as human rights abuse.
Human Rights Commission: is referred to in this study as an
institutionary body of the Federal Republic of Nigeria which is saddled with
the responsibility of enforcing and promoting the notion of human rights and
also to protect the fundamental rights of the peoples of the country. In this
work, the Human Rights Commission is also referred to as ‘the Commission’.
Human Rights Protection: To protect
human rights is to
ensure that citizens receive some reasonable degree of humane treatment without
discrimination. This invariably means that the fundamental rights of citizens
are safeguarded, and as such, these rights are not taken away.
1.8 Plan of the Study
This research has a five-chapter report. The
first chapter includes background to the study, statement of the problem,
objectives of the study, research questions, significance of the study, scope
and limitations of the study, operational definition of terms, and plan of the
study. Chapter two reviewed relevant literature related to the origin of human
rights and its establishment in the Nigerian system.It contains the types of
rights human possess. Some Civil Society Organizations that encourage human
rights are made known. The dimension of the international community concerning
human rights was discussed too. Chapter two also examines the nature of human
rights violations in Nigeria and a theoretical framework of the study.The third
chapter of the research encompasses methodology of the study. That is, the
adoption of qualitative research method. It also contains an interview schedule
alongside questions to be posed at the interviewees. Ethical consideration also
featured in this chapter.
Chapter four presents purposive questions for the
research and discussion of findings from the field.Chapter five encompasses
summary of the work, conclusions and recommendations.================================================================
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