December 2014 marked the 66th
years of the Universal Declaration of Human Rights commonly called “UDHR”. The
2014 slogan of the United Nations was Human Rights 365; meaning
that every day is world human rights day. Despite this memorable
event of December 2014, human rights will still face big challenges in Africa
and Nigeria in 2015. This is chiefly due to prevalence of dictatorship and
tyranny in Africa and expected turbulent general elections holding in Nigeria
in February (2015).
Historical Foundations Of Human Rights: The recorded journey to human rights dates
back to about 304 AD with the recognition of religious rights or right to
freedom of religion by then monarchic authorities in Europe. The issue
of human rights again appeared in the famous Fourteen-Point
Program of then President Woodrow Wilson of the United States of
America; a recommendation he made for the formation of the League of
Nations, which was later formed in 1919.
The San Francisco Conference
of June 1945 that gave birth to the United Nations made reference to human
rights and fundamental freedoms. In the Preamble of the United Nations
Charter, the Peoples of the United Nations express their determination to
reaffirm faith in human rights, in the dignity and worth of human person, in
the equal rights of men and women and of nations large and small. “Promoting
and encouraging respect for human rights and fundamental freedoms and assisting
in the realization of human rights and fundamental freedoms” appeared
repeatedly in Article 1 on “the purposes and principles of the UN; Article 13
(functions and powers of the UN General Assembly); Article 62 (functions and
powers of the Economic and Social Council); and Article 76 (basic objectives of
the International Trusteeship Council).
Article 8 of the UN Charter also
provides that “the United Nations shall place no restrictions on the
eligibility of men and women to participate in any capacity and under
conditions of equality in its principal and subsidiary organs”. In Article 56
of the UN Charter, all members of the UN pledge themselves to take joint
and separate action in cooperation with UN for the achievement of certain
purposes enumerated in Article 55, which include the promotion of universal
respect for, and observance of human rights and fundamental freedoms for all
without distinction as to race, sex, language or religion. Article 68
of the UN Charter empowers the Economic & Social Council to set up
commissions for the promotion of human rights.
To make the respect for, and
observance of human rights by all and sundry a truly world’s chief business, the
Universal Declaration of Human Rights (UDHR) was adopted and proclaimed
by the General Assembly of the UN on 10th December 1948 “as a
common standard of achievement for all peoples and all nations, to the end that
every individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to promote respect
for these rights and freedoms and by progressive measures, national and
international, to secure their universal and effective recognition and
observance, both among the Peoples of Member States themselves and among the
peoples of territories under their jurisdiction”. This universal
adoption and proclamation of the UDHR became a reality following
the submission of a report of the UDHR by an 18-person committee
chaired by Mrs. Elizabeth Roosevelt, which was set up by the United Nations in
1947.
The UDHR document
consists of Preamble and 30 articles. While Articles 3-21 contain civil
and political rights, commonly called fundamental human
rights/civil liberties/individual rights, Articles 22-27 contain economic,
social and cultural rights. The economic, social and cultural rights
are also called group or collective rights. Articles 28-30
contain citizen duties’ rights or fundamental duties of citizens
to their social, cultural and political communities. There are also environmental
rights as the third generation rights meant to secure
world’s environment by controlling the excesses of human activities on earth
and safeguarding same for healthy and prosperous living.
While the UDHR is morally
binding on all authorities and persons around the world, the birth in
1966 of the International Covenant on Civil & Political Rights &
the International Covenant on Economic, Social and Cultural Rights
provided legal teeth to same in the world over through the process of accession
or ratification by State Parties . In other words, the two important rights
documents are legally binding on all authorities and
persons around the world including the State Parties or State Actors.
Nigeria ratified them in 1993 and had earlier in 1963 become a party to the
UDHR following attainment of her republican status.
At regional level, there is African
Charter on Human & Peoples Rights, among others, adopted and
proclaimed in 1981 by the Assembly of Heads of States and Government of the OAU
(now AU). Nigeria ratified and domesticated it in 1983. In the Constitution of
the Federal Republic of Nigeria 1999, amended in 2011, the economic, social and
cultural rights (collective/group rights) as well as environmental
rights are located in the Chapter Two (Fundamental
Objectives & Directive Principles of State Policy). They are found
in Sections 14 to 21. The citizen duties’ rights are found in
Section 24 under the Chapter Two. Civil & Political Rights
are located in Chapter Four (sections 33-46).
Between the citizens and government,
human rights are embedded in social contract, which is the
fundamental basis upon which government exists. They are called social
responsibilities in government circles and called corporate
social responsibilities in corporate entities. There are other numerous
human rights documents adopted and proclaimed around the world
designed to protect all forms of human rights and they all owe their
allegiances to the UDHR and the United Nations Charter. The
documents under reference have also been proclaimed and adopted to guide the
social conducts of the European countries and their continent; the south and
north Americans and the Caribbean countries and their continents; the Gulf
Cooperation Countries, the Association of Southeast Asians (ASEAN), the Middle-east
and their continent; and the Oceania and their continent. The UDHR document has
been written in over 300 languages and re-grouped in language families across
the world.
Africa & Nigeria As Hostile Environments For Human
Rights: Two major enemies of human rights in the world over are State
and non-State violators. While human rights have found their roots in
Europe, north and south Americas, Oceania and ASEAN to an extent, they are
still facing chronic challenges in Africa, some former Soviet countries and the
Middle-east. Of all the challenges under reference, those faced in Africa are
the worst because they are fueled by both State and non-State violators. While
non State violators like armed opposition groups dominate human
rights violations in the Middle-east and some former Soviet States, they are
doubly fueled by State violators like African dictators and tyrants as
well as non-State violators like armed opposition groups and other
malicious individuals in Africa.
There are 64 intra State wars raging
round the world involving 591 armed opposition groups, out of which Africa has
26 involving 167 armed opposition groups. There are additional three bringing
the total to 29. Out of Africa’s 53 member-States, 30 are ravaged by
dictatorship and tyranny. Also, over 70% of the Continent’s member-States are
politically unstable.
In the 80s and 90s, both African and
South American Continents were ravaged by dictatorship and tyranny; but today,
the South America has freed itself from the clutches of dictatorship and
tyranny with Cuba remaining the only oligarchic and dictatorial country in the
Continent. The South American Continent is now third in ranking in the global
category of top free democratic/human rights observing Continents/sub
Continents. This it achieved after Europe and North America. Continent of
Oceania because of its small population comes fourth, followed by ASEAN
(Association of Southeast Asian Nations) with fifth position. Africa occupies
the least position after the Middle-east and Muslim former Soviet States.
In Nigeria, human rights are
grossly endangered and fueled by mis-governance and chronic socio-religious
hatred and divisions, which have elevated culture of self-help and
vindictiveness to unquenchable proportions. Civilian regime change is also
pursued using violence, radical religiosity, inflammatory campaign slogans,
nepotism and favoritism. There is also a code-created cabal of 17, 500 public
office occupiers in Nigeria diverting and pocketing 80% of the country’s
commonwealth through statutory overheads and allowances; to the extent
that mere legislative offices of the heads of the country’s National Assembly
are allocated N250M ($1.5M) and N200M ($1.2M) respectively, every quarter of
the year in the name of overheads costs. President, Vice President and
each of the State Governors also shockingly pocket as much as N100B ($6B) and
N10B ($60M) respectively as annual overheads. These they call “security
votes”.
Till date, the 12,788 chairmen,
deputy chairmen and councilors of the country’s 774 constitutionally recognized
Local Government Areas are annually serviced with a whopping sum of N592B, out
of which a criminal sum of N550B is spent on their so called “allowances”, whereas
only N42B is spent on their annual salaries. To legalize this blatant public
robbery, a federal law called “Salaries & Allowances for Nigerian Top
Public Office Holders Act of the Federation 2002”, amended in 2008 was
created. Annual Appropriation Acts (for Federal Government) and Appropriation
Laws (for States) are also used to siphon the scarce public funds of Nigeria.
These have cumulatively cost Nigerians “dividends of democracy” particularly
provision and delivery of social services and fixing of key public
infrastructures. These have led to the “survival of the fittest” and
institutionalization of tribal primordialism and militancy as well corruption,
nepotism and favoritism in the polity.
As Nigeria faces its crucial general
elections in February, human rights of Nigerians are at the crossroads.
Uncertainties have rented the air. Both the federally ruling and opposition
political parties have nothing concrete to offer Nigerians if re-elected or
elected. They are busy promoting politics of primordialism, violence, religiosity
and mercantilism. They have no empirical answers to insurgency, economic and
other social downturns afflicting Nigeria and Nigerians in recent times. While
the federally ruling PDP can be described as “the worse government in
power”; the federally opposition APC can best be described as “the worst
government in waiting”. This is because they have nothing meaningful to offer
to the long suffering people of Nigeria. As a result, Nigerians are left to
choose in the February polls between “the worse government in power” and “the
worst government in waiting”.
In all, the Continent of Africa will
in 2015 remain turbulent/violence prone until meaningful regime changes are
effected chasing away all dictators and tyrants that hold the Continent to
ransom. In Nigeria, except all inclusive and transparent elections particularly
the Presidential poll, devoid of ethno-religious extremism and socio-economic
primordialism are conducted; otherwise lives and liberties of millions of
ordinary Nigerians will be at intense risk during and after the polls. The
country also faces resurgence of oil-insurgency in the Niger Delta South and
radical Islamist insurgency in the far north except the authorities and those
in the opposition play electioneering politics within the confines of
international best practices.
Signed:
Emeka Umeagbalasi
Board Chairman, International
Society for Civil Liberties & the Rule of Law
+2348174090052, +2348100755939
(office)
Uzochukwu Oguejiofor, Esq., (LL.B,
BL), Head, Campaign & Publicity Department
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