Situation of Human Rights in Nigeria
Situation of Human Rights in Nigeria by A. O Eze (director Institute of Political Therapy and Gamesmanship Studies)
The question of human rights in Nigeria since independence has been very controversial. Human rights in Nigeria are protected under Chapter IV of the 1999 constitution. Nigeria has made serious improvements in human rights under this constitution that ushered in fourth republic although there are some lapses or areas that need to be strengthened which we are going to examine under contending issues as a sub-topic.
In the period between its independence in 1960 to 1999, military has ruled Nigeria for 29 years starting from Aguiyi Ironsi in 1966 to Abudsalami Abubakar in 1999. Under military rule human rights suffers most. This is because military has no or little regard to human rights. Military rules with decree and not constitution. And it is only in constitution that human rights can be truly guaranteed. Nigeria since independence has been active in signing and ratifying international human rights treaties but it has been very problematic when trying to implement these treaties domestically (i.e. to make it to be part of our national laws). This is because Nigeria operates under a dualist system and cannot apply international treaties unless they are ratified by the National Assembly (legislature).
Furthermore, the Nigerian constitution protects civil and political rights, but international treaties like the African Charter also expand protection to cultural, socio-economic, and group rights. Because the Nigerian constitution is supreme law, the Supreme Court of Nigeria often resolves conflicts in favor of the Constitution, therefore restricting the expansion of potential human rights. Nevertheless, since 1999 till date there are some improvements in the respect of human rights compare to other years especially during military rule. But, the state of human rights in Nigeria as of today has not fully complied with international benchmark. Many human rights groups have rated Nigeria low in human right index.
CONTENDING ISSUES
By contending issues in human rights, we mean some issues or practices that constitute threats to the full realization of human rights in Nigeria since independence. These issues have posed as cogs in the wheel of human rights in Nigeria. Some of them include:
1. Nigerian security agents Nigerian security agents especially police and armed forces have been described as anti-human rights armed bodies. In other words, in Nigeria, the Nigeria Police Force has been typically viewed as inefficient and corrupt. Police that has primary responsibilities of protection life and properties have derailed from these duties. They engage in extra-judicial killings on daily basis. Security agents in Nigeria apply "heavy-handed" approach in dealing with the civilians which violates human rights grossly.
2. Freedom of expression: When General Babangida took power in 1985 and repealed Decree N0. 4 of 1984, a law that made it criminal behavior to publish any material that was considered embarrassing or against the interests of the government, there was renewed hope for freedom of expression both by the people and the media. Within the Babangida regime, political tolerance occurred for some time. However, this brief foray into human rights broke down when the regime began jailing its critics and firing employees who did not promote their views and ideals. This regime closed down more newspapers and banned more popular organizations than any other in Nigeria's post-colonial history. Section 39 (1) of the 1999 constitution made a clear provision on “right to freedom of expression and the press” but it has not been fully actualized. The press and ordinary citizens are being harassed daily for express contrary opinion against ruling government.
3. Summary execution: This is what is commonly called “jungle justice”. The accused person is denied chance for fair hearing. The three elements of summary execution are: accusation, capturing and execution. It is very impediment to human rights actualization because it is only court of law that has right to condemn anybody.
4.Terrorism: Terrorism is an act of terror. It constitutes a big threat to human rights especially right to life globally. For instance, in Nigeria, Boko Haram is an Islamist terrorist group that focuses its attacks on government officials, Christians, and fellow Muslims who speak out against their actions or are thought to aid the government, known as "traitor Muslims". The group engages in jihad and it was founded in 2000 by the spiritual leader late Mohammed Yusuf. In July 2009, there were five days of extreme violence from Boko Haram as well as with the governmental response. From 26 to 31 July, the group killed 37 Christian men and burned 29 churches. After a brief hiatus in claimed incidents, the group resurfaced in the summer of 2011 with church attacks.
6. LGBT rights: What is LGBT? LGBT stands for Lesbian, Gay, Bisexual and Transgender. Lesbian; A lesbian woman is one who is romantically, sexually and/or emotionally attracted to women. Gay: A gay man is one who is romantically, sexually and/or emotionally attracted to men. The word gay can be used to refer generally to lesbian, gay and bisexual people but many women prefer to be called lesbian. Most gay people don’t like to be referred to as homosexual because of the negative historical associations with the word and because the word gay better reflects their identity. Bisexual: A bisexual person is someone who is romantically, sexually and/or emotionally attracted to people of both sexes. Heterosexual: A heterosexual person is one who is romantically, sexually and/or emotionally attracted to opposite sex. That is, a man who is sexually attracted to a female or a female who is sexually attracted to a man. Sexual Orientation: Sexual Orientation refers to an enduring pattern of emotional, romantic, and/or sexual attractions to men, women, or both sexes. Sexual orientation also refers to a person’s sense of identity based on those attractions, related behaviours, and membership in a community of others who share those attractions. Three sexual orientations are commonly recognized are: heterosexual, homosexual (gay and lesbian) and bisexual. LGBT Rights in Nigeria In May 2013, Nigeria's House of Representatives voted to pass the Same-Sex Marriage Prohibition Bill, which prohibits gay marriage and public displays of affection between same-sex couples and allots 14 years in prison to those engaged in same-sex relationships. This bill also allows punishment for those knowingly associating with those identifying as members of the LGBT community or aiding these individuals in becoming married or pursuing that lifestyle. The punishment for abetting gay marriage is 5 years imprisonment. Furthermore, the bill criminalizes any association with gay identity and the promotion of lesbian and gay rights, such as gathering privately with gay people.
7. Widowhood practices: There are some barbaric widowhood practices in different communities in Nigeria that are antithetical to human rights. In some communities, a woman that lost her husband is expected to perform some rituals. She will be subjected to six or one year seclusion and wearing either white or black cloth. Some may even force the woman to drink water used to bath her late husband to prove her lost on his demise. All these constitute a major threat to human rights. Lack of property right by women Women in Nigeria face various versions of human rights violations despite the provisions granted unto them in the 1999 Constitution. Regardless of the opportunity provided to take up unconstitutionality to higher courts in Nigeria, women do not often utilize this option and as such, there continues to be many violations occurring.
8. Child labour: According to the U.S. Department of Labor, 31% of Nigerian children (around 14,000,000 children) aged 5 to 14 years old are working children who engage in forced labor in various sectors. According to the Department, child labor have been observed in the agricultural sector where children participate in the production of cocoa, cassava, and sand, and in the mining industry where they mine, quarry, and crush gravel and granite.
9. Child marriage: Early marriage is prevalent in Nigeria, especially amongst Muslims in the north, due to the belief that early marriage prevents promiscuity. However, the major cause of early marriage has been attributed to poverty. Many girls are married off by the time they are 15, and some girls are married as early as age 9. Girls are extremely susceptible to disease and domestic violence and are restricted access to education due to the early age at which they give birth and begin caring for their children. This early marriage among girls is contrary to the provision of Child Rights Act, 2003. This law was enacted to protect children from abuses and discrimination, Section 21 and 23 of the act made it illegal to marry off a child below the age of 18. If a husband consummates a marriage with a child, it is considered rape. Religious intolerance There are high rates of religious intolerance especially between Muslims and Christians in Nigeria. This is mainly caused by supremacy contest coupled with fanatism among the believers. This act has proven to be a barrier to the realization of human rights. ©Andrew Oforma Eze
The question of human rights in Nigeria since independence has been very controversial. Human rights in Nigeria are protected under Chapter IV of the 1999 constitution. Nigeria has made serious improvements in human rights under this constitution that ushered in fourth republic although there are some lapses or areas that need to be strengthened which we are going to examine under contending issues as a sub-topic.
In the period between its independence in 1960 to 1999, military has ruled Nigeria for 29 years starting from Aguiyi Ironsi in 1966 to Abudsalami Abubakar in 1999. Under military rule human rights suffers most. This is because military has no or little regard to human rights. Military rules with decree and not constitution. And it is only in constitution that human rights can be truly guaranteed. Nigeria since independence has been active in signing and ratifying international human rights treaties but it has been very problematic when trying to implement these treaties domestically (i.e. to make it to be part of our national laws). This is because Nigeria operates under a dualist system and cannot apply international treaties unless they are ratified by the National Assembly (legislature).
Furthermore, the Nigerian constitution protects civil and political rights, but international treaties like the African Charter also expand protection to cultural, socio-economic, and group rights. Because the Nigerian constitution is supreme law, the Supreme Court of Nigeria often resolves conflicts in favor of the Constitution, therefore restricting the expansion of potential human rights. Nevertheless, since 1999 till date there are some improvements in the respect of human rights compare to other years especially during military rule. But, the state of human rights in Nigeria as of today has not fully complied with international benchmark. Many human rights groups have rated Nigeria low in human right index.
CONTENDING ISSUES
By contending issues in human rights, we mean some issues or practices that constitute threats to the full realization of human rights in Nigeria since independence. These issues have posed as cogs in the wheel of human rights in Nigeria. Some of them include:
1. Nigerian security agents Nigerian security agents especially police and armed forces have been described as anti-human rights armed bodies. In other words, in Nigeria, the Nigeria Police Force has been typically viewed as inefficient and corrupt. Police that has primary responsibilities of protection life and properties have derailed from these duties. They engage in extra-judicial killings on daily basis. Security agents in Nigeria apply "heavy-handed" approach in dealing with the civilians which violates human rights grossly.
2. Freedom of expression: When General Babangida took power in 1985 and repealed Decree N0. 4 of 1984, a law that made it criminal behavior to publish any material that was considered embarrassing or against the interests of the government, there was renewed hope for freedom of expression both by the people and the media. Within the Babangida regime, political tolerance occurred for some time. However, this brief foray into human rights broke down when the regime began jailing its critics and firing employees who did not promote their views and ideals. This regime closed down more newspapers and banned more popular organizations than any other in Nigeria's post-colonial history. Section 39 (1) of the 1999 constitution made a clear provision on “right to freedom of expression and the press” but it has not been fully actualized. The press and ordinary citizens are being harassed daily for express contrary opinion against ruling government.
3. Summary execution: This is what is commonly called “jungle justice”. The accused person is denied chance for fair hearing. The three elements of summary execution are: accusation, capturing and execution. It is very impediment to human rights actualization because it is only court of law that has right to condemn anybody.
4.Terrorism: Terrorism is an act of terror. It constitutes a big threat to human rights especially right to life globally. For instance, in Nigeria, Boko Haram is an Islamist terrorist group that focuses its attacks on government officials, Christians, and fellow Muslims who speak out against their actions or are thought to aid the government, known as "traitor Muslims". The group engages in jihad and it was founded in 2000 by the spiritual leader late Mohammed Yusuf. In July 2009, there were five days of extreme violence from Boko Haram as well as with the governmental response. From 26 to 31 July, the group killed 37 Christian men and burned 29 churches. After a brief hiatus in claimed incidents, the group resurfaced in the summer of 2011 with church attacks.
6. LGBT rights: What is LGBT? LGBT stands for Lesbian, Gay, Bisexual and Transgender. Lesbian; A lesbian woman is one who is romantically, sexually and/or emotionally attracted to women. Gay: A gay man is one who is romantically, sexually and/or emotionally attracted to men. The word gay can be used to refer generally to lesbian, gay and bisexual people but many women prefer to be called lesbian. Most gay people don’t like to be referred to as homosexual because of the negative historical associations with the word and because the word gay better reflects their identity. Bisexual: A bisexual person is someone who is romantically, sexually and/or emotionally attracted to people of both sexes. Heterosexual: A heterosexual person is one who is romantically, sexually and/or emotionally attracted to opposite sex. That is, a man who is sexually attracted to a female or a female who is sexually attracted to a man. Sexual Orientation: Sexual Orientation refers to an enduring pattern of emotional, romantic, and/or sexual attractions to men, women, or both sexes. Sexual orientation also refers to a person’s sense of identity based on those attractions, related behaviours, and membership in a community of others who share those attractions. Three sexual orientations are commonly recognized are: heterosexual, homosexual (gay and lesbian) and bisexual. LGBT Rights in Nigeria In May 2013, Nigeria's House of Representatives voted to pass the Same-Sex Marriage Prohibition Bill, which prohibits gay marriage and public displays of affection between same-sex couples and allots 14 years in prison to those engaged in same-sex relationships. This bill also allows punishment for those knowingly associating with those identifying as members of the LGBT community or aiding these individuals in becoming married or pursuing that lifestyle. The punishment for abetting gay marriage is 5 years imprisonment. Furthermore, the bill criminalizes any association with gay identity and the promotion of lesbian and gay rights, such as gathering privately with gay people.
7. Widowhood practices: There are some barbaric widowhood practices in different communities in Nigeria that are antithetical to human rights. In some communities, a woman that lost her husband is expected to perform some rituals. She will be subjected to six or one year seclusion and wearing either white or black cloth. Some may even force the woman to drink water used to bath her late husband to prove her lost on his demise. All these constitute a major threat to human rights. Lack of property right by women Women in Nigeria face various versions of human rights violations despite the provisions granted unto them in the 1999 Constitution. Regardless of the opportunity provided to take up unconstitutionality to higher courts in Nigeria, women do not often utilize this option and as such, there continues to be many violations occurring.
8. Child labour: According to the U.S. Department of Labor, 31% of Nigerian children (around 14,000,000 children) aged 5 to 14 years old are working children who engage in forced labor in various sectors. According to the Department, child labor have been observed in the agricultural sector where children participate in the production of cocoa, cassava, and sand, and in the mining industry where they mine, quarry, and crush gravel and granite.
9. Child marriage: Early marriage is prevalent in Nigeria, especially amongst Muslims in the north, due to the belief that early marriage prevents promiscuity. However, the major cause of early marriage has been attributed to poverty. Many girls are married off by the time they are 15, and some girls are married as early as age 9. Girls are extremely susceptible to disease and domestic violence and are restricted access to education due to the early age at which they give birth and begin caring for their children. This early marriage among girls is contrary to the provision of Child Rights Act, 2003. This law was enacted to protect children from abuses and discrimination, Section 21 and 23 of the act made it illegal to marry off a child below the age of 18. If a husband consummates a marriage with a child, it is considered rape. Religious intolerance There are high rates of religious intolerance especially between Muslims and Christians in Nigeria. This is mainly caused by supremacy contest coupled with fanatism among the believers. This act has proven to be a barrier to the realization of human rights. ©Andrew Oforma Eze
The nature and character of the Nigerian socio-political and economic system have made it impossible for the average man to realise and enjoy his full rights, especially in the area of social well being. However, continuous efforts by civil society groups in acting as watchdogs to the government will help to improve the state of human rights in Nigeria.
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