The Role of Non-Governmental Organizations in the Promotion and Protection of Human Rights in Nigeria

The Role of Non-Governmental Organizations in the Promotion and Protection of Human Rights in Nigeria

Chapter One

Aim and Objectives of the Research

This research examines the legal framework for promoting and protecting Human Rights in Nigeria and the existing constitutive international, regional, and domestic instruments on human rights.

In this regard, the objectives of the research are as follows:

To identify the adequacy or otherwise of the existing legal framework and institutional mechanism relating to human rights in Nigeria
To identify the challenges arising from the implementation of the law and the limitations of the institutional mechanism put in place for the promotion and protection of human rights in Nigeria
To proffer practical measures to the challenges and limitations identified in the promotion and protection of human rights in Nigeria to ensure an efficient observance in Nigeria

CHAPTER TWO

PHILOSOPHICAL FOUNDATION OF HUMAN RIGHTS

Introduction

This chapter seeks to examine the philosophical foundation of Human Rights as a jurisprudential basis of the evolution of Human Rights in global research. This chapter also examines the historical development of human rights, the evolution of human rights in Nigeria, the contending perspective on human rights and the institutionalization of human rights at the international, regional and domestic levels.

Philosophical Foundation of Human Rights

The philosophical aspects of human rights is of a universal concern that cuts across nations in terms of ideology, politics and other barriers and it is of utmost preliminary importance in this discourse. However, it is pertinent to talk about its philosophy which according to Descartes, is nothing else but the study of wisdom and truth or in Latin “Love of Wisdom”.¹

According to Hobbes, philosophy is a method of reasoning and calculating by the use of words as to the causes of Philomena or an attempt to understand the universe as a whole.²Kant who related the sensory to a priori elements in knowledge, defines philosophy as the science of the relation of all knowledge to the essential ends of human reasons, that is, an attempt to examine man‟s social obligations and moral responsibilities in order to fathom divine intentions, and man‟s place with reference to them…³

Thus philosophy is viewed by scholars from various perspectives, that is, in terms of discipline, interest and concern. Therefore philosophy can also be seen as logic ethics, theory of knowledge (epistemology), the theory of the nature of being (metaphysics) or existence. So one can speak of philosophy of mind, philosophy of law and justice, philosophy of Art, Philosophy of human rights et al.⁴

The early Greek Philosophers such as Francis Bacon, Alfred North to mention a few, viewed Human Rights from the perspective of physical science; St. Augustine, St. Aquinas and the Irish Catholic Bishop-George Berkeley from theology; Pythagoras, Descartes, Euclid and Bertrand Russell from mathematics and astrology. Plato, Thomas Hobbes, John Stuart Mill, Marx to say a few from politics, political economy or sociology. In the field of law and justice we have Plato, Socrates, Justin Ian also mention a few.⁵

Succinctly put, therefore, the philosophy of human rights revolve around a central idea, that peace cannot be established in a durable fashion so long as oppression, injustice economic distress prevail in the world. Thus, the individual and his rights take a vantage position in the scheme of things.⁶

This has found place in most of the charters dealing with human rights, be them international, regional, national or in the objectives of the non-governmental organizations (NGOs). It aims at preventing violations of individuals rights and give protection to such rights.

CHAPTER THREE

INTERNATIONAL IMPLEMENTATION OF HUMAN RIGHTS

Introduction

This chapter seeks to discuss the international mechanism for the implementation of human rights. The chapter also discusses the treaties and various regional protocols for the promotion and protection of human rights.

International Mechanisms for the Implementation of Human Rights

The international Dimension on Human Rights connotes in essence the enforcement/monitoring mechanism and machinery. The United Nations (UN) has created a number of procedures for protecting and promoting human rights and ascertaining where human rights violations occur. Primarily, these procedures are through independent bodies established by either general or specific human rights treaties,¹ discussed below.

There are six major human rights treaties and each has a committee to oversee their respective and effective implementation by state parties. These treaties are the:

Procedure under International Convention on Civil and Political Rights(ICCPR)
Procedure under International Convention on Economic, Social and Cultural Right (ICESCR).
Procedure under International Convention on the Elimination of all Forms of Racial Discrimination(ICERD).

CHAPTER FOUR

JUSTICIABLE RIGHTS IN NIGERIA

Introduction

Justiciable rights in Nigerian are provided for in chapter 4 of the Constitution as fundamental rights consequently, these rights are the one to be adjudicate upon by the courts. Therefore, this chapter seek to examine the variety of such rights in relation to the attitudes of the court in the implementation of such rights.

CHAPTER FIVE

THE ROLE OF NON-GOVERNMENTAL ORGANISATIONS IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

Introduction

The role of non-governmental organisations cannot be overemphasis in the promotion and protection of human rights, it role have led to various development of human rights activities in Nigeria. However,this chapter seeks to examine therole of non-governmental organisations in the promotion and protection of human rightsin Nigeria.

Non -Governmental Organizations (NGOs)

These are civil society, nonpolitical, nonprofit oriented, and autonomous organization which function and sometimes flourish in the large and close bounded zone between organized sovereign authority and family unit.¹The basic features and operational strategies of a typical non-governmental human rights organizationwas described by O. Francesco and J. Zalaguitt as one which:

CHAPTER SIX

RELATIONSHIP BETWEEN NATIONAL HUMAN RIGHTS COMMISSION AND THE NON-GOVERNMENTAL ORGANISATIONS

Introduction

The National Human Right Commission was established by the National Human Rights Act 1995. In 2012, a new Act was promulgated to amend the 1995 Act¹. Its establishment aims at creating an enabling environment for extra-judicial recognition, promotion, protection and enforcement of human rights, in addition to providing a forum for public enlightenment and dialogue on human rights. It is also aimed at facilitating the implementation of Nigeria‟s various international and regional treaty obligations on Human Rights issues.² National Human Rights Commission as a governmental Agency have established relationship with non-governmental agencies. This is needed in order to achieve the objectives of its formation. On this note, this chapter examines the roles of the National Human Rights Commission in relation to the recognition of the existence of non-governmental human rights organisations.

CHAPTER SEVEN

SUMMARY AND CONCLUSION

This dissertation examined the role of non-governmental organization in the promotion and protection of human rights in Nigeria. In doing this, the dissertation examines in chapter one, the general introduction, the arm and objectives of the research, the scope of the research, research methodology and the organisational layout. The justification for the research is that “human rights” has become not only a topical issue in Nigeria but the language of both the oppressors and the oppressed. Yet little is known of its meaning and ramifications because practically human rights is not fully observed in Nigeria.

Chapter two discusses nature and scope of international human rights treaties. The definitions of human rights treaty. Universality and cultural relation were considered, the chapter also discusses philosophical foundation of human rights, jurisprudential basis of the evolution of Human Rights in global research. And historical development of human rights, the evolution of human rights in Nigeria, the contending perspective on human rights and the institutionalization of human rights at the international, regional and domestic levels were also examined.

Chapter three analyses the implementation of selected international treaties. The, international mechanisms and regional mechanism for the implementation of human rights protection under which the Implementation of African Charter on Human and Peoples‟ Rights, the African Charter on Human and Peoples‟ Rights, African Charter on Human and Peoples‟ Rights on the Rights of Women in Africa and The ECOWAS Mechanism for the Protection of Human Rights were examined.

Chapter four deals with the justiciable rights in Nigeria as it entrench in Chapter IV of the 1999 Constitution of Federal Republic of Nigeria (as Amended), the enforcement mechanism under the Nigerian Constitution with Fundamental Rights Enforcement Procedure Rules, and also discussed the Limitation of the Application of the Fundamental Rights Enforcement Procedure Rules.

Chapter five discusses the role of non-governmental organisations in the promotion and protection of human rights. The source of funding of human rights group. How the source is affecting or has affected their approach and activities. Their supposed activities under a democratic government was also examined. The National Action Plan for the Promotion and Protection of Human Right (NAP) and Human Rights Protection and the Police were elaborated on.

Chapter six examines the establishment and the role of the Human Rights Commissions. How the commission has fared so far. The problem of the commission. The relationship between national human rights commission and the non-governmental organisations. As already stressed, the evolution of human rights NGOs in Nigeria was a reaction to the autocratic repressive, and inhuman military rule in the country which engendered the subversion of the social, economic and political rights of the people. NGOs in Nigeria not only fought against human rights repressions but for the enthronement of democratic government. However, the discussion was focused on the Role of National Human Rights Commission, Structure of National Human Rights Commission and An Overview of the Activities of the Commission

Finally, Chapter seven deals with the recommendations and conclusions. This chapter make some recommendations which will reasonably be expected to be useful to the policies and decision of the government regarding human rights implementation within the domestic sphere (Nigeria). There is no doubt civil society represented by non-governmental organisations, has become an important factor in world society of particular reference are group concerned with development, human rights and environment.

Findings

In view of all that have been discussed in the preceding chapters, the following finding are made:

In the course of this research, it was found that there exists a weak institutional infrastructure for human rights protection in Nigeria. Effective enforcement of human rights largely depends on the domestic machineries of the national government. It is for this reason that major international human rights instruments mandate state parties to take appropriate domestic measures to ensure the realization of the rights proclaimed. Although Nigeria, in recognition of its obligation as a signatory to major human rights instruments, has established relevant institutional mechanisms such as the courts and the National Human Rights Commission for human rights protection, regrettably, the mechanism are weak, and incapable of providing strong and effective platform to meaningfully discharge their
The need for multifarious strategies and approaches to protection of human rights in Nigeria was also observed in the course of the work. In order to ensure effective implementation of human rights, wide-ranging strategies and approaches are required. Indeed, there is not enforcement mechanism which can exclusively and adequately ensure optimal human rights protection. This, thus make the role of NGOs, in the promotion and protection of human rights not only exclusive but very important and crucial.

Impediments to the effectiveness of human Rights NGO is also an observation in the course of the research. Without doubt, human rights NGOs in Nigeria have not been able to fill the gap created by the near absence of executive agencies in human rights promotion and protection. There are some constraints in the efforts of NGOs in Nigeria towards the protection of human rights among which is access to justice. Access to justice connotes the availability of accessible affordable, comprehensible justice system, and the dispensation of justice fairly, speedily and without fear and favour. The issue of access to justice is a significant constraint to the effectiveness of human rights in NGOs. Access to justice has been denied through the use of what has been termed “negative legal” and “access curtailing devices” such as ouster clause, Limitation Acts, protection of public officer from suits, the doctrine of state immunity and dragon of Locus Standi. The doctrine of Locus Standiconstitutes a formidable if not insurmountable impediment to human rights NGOs in
Non favourable political environment for NGOs human rights protection activities is another observation. It is no exaggeration to say that Nigerian‟s political environment is not only non receptive, but sxphatiatingly hostile of criticisms, even constructive ones. The role of human rights NGOs often constitutes irritation to governments for obvious reasons.
Financial constraint on the part of the NGOs in Nigeria was also observed. Without doubt, the human rights protection activities of the NGOs require funding for any meaningful Many human rights activists in Nigeria, like their counterparts across the globe, are not men and women of means and affluence such that they can finance the activities of their respective NGOs from personal donations.

Recommendations

In line with the above outlined finding, the following recommendations are made for reform:

Various governmental and quasi-governmental bodies established in Nigeria should ensure human rights promotion and protection are strengthened and made efficient and effective by specific regulatory Act. The Human Rights Commissionespecially must be further empowered legislatively to be able to adjudicate and give binding verdicts on issues bothering on human rights
The Non-Governmental Human Rights Organizations in Nigeria must be seen as regarded for what they are –Human Rights Protectors. The National Assembly should pass an Act which give any Human Rights NGO Locus Standi in any issues that relates to violation of human rights anywhere in Nigeria such that the NGOs can institute action for human rights violation on behalf of victim(s) without the hindrance of LocusStandi.

Since human rights was better protected before violations and not after, NGOs in Nigeria should be proactive in their human rights protection and promotional activities. There should be a deliberate outreach to the rural communities where structural inhibitions account for gross human rights violations than experienced in urban areas. Human rights NGOs have mostly concentrated in urban centers and they often denounce human rights violations without offering suggestions. This limits their scope and value. It is therefore suggested that human rights NGOs must offer constructive suggestions in appropriate cases on how things can be done differently. Consequently, the NGOs must designed and pursue a more pragmatic and result oriented way of advancing the cause of human rights in Nigeria. It is by doing so that the current democratic experience may not be aborted and the fortunes of human rights meaningful.

As regards issue of funding, NGOs in Nigeria should strengthen their relationship with their counterparts abroad and United Nations through some of its agencies e.g. World Health Organization (WHO). Grants from these international bodies which has over the years proven their strong dedication to promotion and protection of human rights will come handy. Nothing is wrong with taking grants from governments so long as such governmental grants will not stifle the activities of the
It should be stressed however that the challenge to the legitimacy, credibility and accountability of human right NGOs has the capacity to blur their vision, action and efficiency, regardless of the good intentions of their leaders, and members. It is relevant to recall that it was once reported that some human rights organizations in Nigeria because of the crisis of confidence. It is therefore imperative to chart an agenda for reform in order to boaster the value of NGOs in human rights protection in Nigeria.

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