Human Rights and National Security: A Critical Appraisal of the Nigerian
Chapter One
Preamble of the Study
In almost every corner of the world, no issue can be as mind boggling as a discussion on human rights. While the exact scope of human rights may be in dispute, the researcher has no doubt that any discussion which has the possibility of enhancing the quality of man’s existence on earth must be related to the rights of man.
It could be correctly asserted that there has been concern for human rights since antiquity through the various stages of socio-economic formations upto the modern era. In the study of human rights, one encounters relevant legal acts, constitutions, statutes and international instruments, various terms and notions other than human rights. These include fundamental rights fundamental freedoms, civil liberties and civil rights, individual and collective human rights as well as people’s rights1. It is also relevant to mention that the activities of man’s right from birth to his death are directed by an incessant desire and search for justice and ceaseless efforts to avoid injustice.
CHAPTER TWO
HUMAN RIGHTS INSTRUMENTS
INTRODUCTION
Human Rights to many are product of divine ordinances attributed to Nature. The Natural law tenets as found in our jurisprudence held the belief that nature has entrusted in man some rights which sacrosanctity need not be impunged.
The state of Human Rights in Nigeria is without doubt, dismal, to say the least. The contract between the paper declaration in constitutions and laws and the actual practice is quite staggering. The law of Human Rights is at one extreme, whilst the practice is at the other. The vast majority of the citizens in virtually all African Nations face difficult odds in the enjoyment of their rights and freedom from intolerable oppression, exploitation and destitution. As ALEMIKA put it,1 to the African Rulers, the citizens “are nothing, just face-less tatterdemalion crowds who are there to be manipulated and forced to do whatever the regime want. They consider the people and the national wealth as part of their private estates and are insensitive to appeals for justice; to them justice is whatever is useful to maintain themselves in power”.
In Nigeria, the situation may not be that bad as could be seen in Sudan, Dafur (etc), although there are reported cases of police brutality and extra judicial killings. The security forces are yet to imbibe respect for human rights. The military orientation, which is characterized by brutality and gross human rights abuses, still permeates the various strata of security personnel in Nigeria. The apparent lack of basic democratic tenets and respect for human rights is one of the greatest problems in the Nigerian environment.2 Democracy has not delivered the much touted respect for human rights as provided by the constitution, neither has it been translated to good governance. The reform policies embarked upon by the leaders are imported and do not in any way have answers to the imperatives of our peculiarity.
Consequently, with the emergence of the civil society, the belief of the Natural law school of jurisprudence as related to Human Rights was granted a statutory flavour.
These early formulations of principles respecting Human Dignity were the Magna Carta of (1215) (The Great Charter) of man and citizen, 1789 and the US Bill of Rights, 1791 pg. 3.
The Magna Carta3 is considered as the very basis upon which future legislations found life. The human rights instruments found today are the offshoots of this Great charter. Article I of the Magna Carta provides:
CHAPTER THREE
RIGHT TO SELF DETERMINATION AND NATIONAL SECURITY
The right to self-determination, a fundamental principle of human right is an individual and collective rights law to “freely determine the political status and to freely pursue economic, social and cultural development”. The principle of self-determination is generally linked to the de-colonization process that took place after the promulgation of the United Nations Charter of 1945 of course, the obligation to respect the principle of self-determination is a prominent feature of the Charter, appearing, inter-alia, in both preamble to the Charter and in Article 1.
The International Court of justice refers to the right to self determination as a right held by people rather than a right held by the governments alone. The two important United Nations studies on the right to self – determination set out factors of a people that give rise to possession of right to self – determination: a history of independence or self – rule in an identifiable territory, a distinct culture, and a will and capability to regain self-governance.
CHAPTER FOUR
ROLE OF GOVERNMENT IN THE PROMOTION OF NATIONAL SECURITY
National Security has been defined as freedom from fear, risk, danger, vulnerability or susceptibility. Because self-preservation or survival is regarded as the first law in nature, security logically becomes a primary consideration of any Government. It is small wonder then that Section 14(1) of the 1999 Constitution of the Federal Republic of Nigeria. Unambiguously prescribes that “the security and welfare of the people shall be a primary purpose of government”. Thus, conceptualized, national security is a collective or public good that governments try to provide for all their citizens, regardless of the fortunes and performance of others who may be described as “free-riders”.
CHAPTER FIVE
SUMMARY/CONCLUSION
This essay had discussed Human Rights in Nigeria subject to the scope of the work and the topic under consideration. The topic was discussed under five chapters.
Chapter one introduced the concept of Human Rights, its development and the various classes of rights. Human right is seen as a specie of legal right that pertain to mankind as a whole or all persons by virtue of their being “moral or rational creature” (Ogbu 1999). It also includes the idea of National Security on the enforcement of Human Rights.
Without going into historical excursion as to the origin of the concept of fundamental human rights are those rights that are so fundamental to the very existence of particular country that they stand above all the ordinary rights and laws of such a country. It could also be seen as rights, which stand above the ordinary laws of the land.1
Therefore such rights cannot be withdrawn or deprived by any citizen as it is said to be inherent, unless it falls under the exception which include treason, official secrets include treason, official secrets, sedition, incitement to muting or disaffection among armed forces or police, public disorder and racial hatred (etc), because they affect both internal and external security of the nation.
The extent of these rights seem to vary from society but are ever expanding as members of every society continue to move their claim from lex ferenda to lex lata, meaning from moral to legal rights.
Amongst the discussed topics were the many dimensions through which human rights can be viewed, which include personal rights such as right to life: political rights (e.g) freedom of expression, proprietary rights e.g right to own property, privacy (etc). Procedural or due process rights (e.g.) fair hearing and equality rights (e.g) freedom from discrimination on basis of race, religion (etc) Ogbu, 1999).
The first generation right was the fight for civil and political rights as well as individual liberty. The second generation rights consist of economic social and cultural rights. The third generations of rights are called solidarity rights such as minority rights, resource control self determination (etc).
Having at the back of our minds the crux of the essay, which is on Human Rights and National Security; a critical appraisal of Nigerian perspective. It was pointed out in the body of the work that human rights and national security work hand in hand (interchangeably) unless the protection of the infringed human right will lead to insecurity.
In chapter two, I mentioned that treaty obligations of Nigeria have substantially expanded the scope of Human Rights instruments and therefore recognition of same, for enforcement. The universal Declaration of Human Rights and recently the African charter on Human and Peoples Right is the hub of Human Rights. The African Charter is now part of our domestic law by virtue of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act Cap 10 Law of Nigeria 1990. The Supreme Court had confirmed this position in ABACHA V. FAWEHINMI (Supra) and under this charter many economic, social and cultural rights are given to Nigerians, which are not under Chapter IV of the 1999 constitution. (e.g) Right to good working, health, education (etc).
Inclusive in the above chapter is also of the Chapter IV of the 1999 constitution which has mapped out the fundamental Human Rights which is the only constitution which has mapped out the fundamental Human Rights which is the only constitutional guaranteed human rights instrument in Nigeria.
The third chapter of this work discussed extensively the third generation rights, which include right to self determination, freedom expression, and religion and resource control. Since the right to self determination is recognized by the African charter, it discussed how the achievement of such a right by different groups in Nigeria like MASSOB, Oodua People’s Congress (etc) affect the nations security and the extent in which the above right could be achieved bearing in mind the preamble of the 1999 constitution.
Other rights considered were right to freedom of expression and religion, which is recognized in Chapter IV of our constitution. The above chapter highlighted how the right should be exercised without affecting the enforcement of the agencies in the protection of the nation’s security. Inclusive also is the recognition of resource control in the African Charter and how the assertion of the right affects national unity and security.
In summary of this chapter, it is safe to conclude that national security of a nation extends to it’s economic imbalances, environmental issues, natural resources (etc), or anything that causes threat or instills fear or insecurity to the nation.
Finally, chapter four appreciated the role of government in the promotion of National security. We considered the Nigeria agencies which are empowered by the government of Nigeria for the protection of it National Security as provided in Section 217 92) of the 1999 constitution of Nigeria.
More so, the last to be examined were the role of the judiciary and the enforcement of human rights with regards to National Security. A review of various attempts by court to enforce human rights even when it conflicts with the nation’s security was analyzed. Such attempts through legion of cases were seen as a success.
With regard to the relationship of the enforcement of human rights by the agencies that protect the security of the nation, we noted that there should be no need for any conflicts to arise. Intelligence Organizations or agencies are set up in the first place for the protection of the security of the nation and Ipso facto for the protection and promotion of the fundamental human rights of the nation’s citizens. Areas of possible conflicts between the agencies and the demands of human rights were discussed and some clarifications made.
CONCLUSION
In conclusion, it is to be noted that one of the aims of a democratic state is to strike a balance between the conflicting claims of individual freedom and state control. The object of incorporating fundamental human rights in the constitution is to protect them against encroachment by the government or the fellow beings.
This check is considered necessary irrespective of the form of the constitution and who constitutes the government since it is the universal tendency of the rulers to consider that subject liberties are safe so long as they constitute the government. In a democratic state, such rights are also guaranteed in the interest of minorities who may otherwise be denied their liberty by a tyrannical majority desirous of furthering its selfish interest and to perpetrate its power.
Finally, the security of a nation forms the backbone of its existence. One would have to be unfair therefore not to concede that this is an issue, which any responsible government will guard jealously. While it can take a century for millions of people to a nation to build, it may take only five minutes for an individual to destroy it. So a government must at all times put national security on a priority level.
Also, the liberty of the subject is sacrosanct, a good government when confronted with a choice of the citizen’s human right and national security must exercise restraints in order to steer the middle course.
RECOMMENDATIONS/SUGGESTIONS
The following recommendations are worthwhile;
- Amendment of the 1999 Constitution to include or explicitly state the relationship between the citizen and the indigene with regard to where citizenship rights end and where indigeneship rights begin. This has been a veritable source of most ethnic and communal conflicts in Nigeria, particularly in states with significant “settler” populations thereby harming national security.
- There should be an internalization of Human rights in the different aspects of our lives through legislation. The legislation should require these rights to be displayed as appropriate. This can make a difference as to whether some one’s rights are violated or not. Thus, we should have patient’s Bill of Rights to be displayed in every hospital, prisoners Bill of Right, suspects Bill of Rights, Student’s Bill of Right (etc).
- Human Rights abuse tribunal should not be given investigatory powers but also enforcement of their decisions against erring persons who have been found liable for violating human rights of others. The court should award substantial amount against violators of Human Right, as exemplary damages to deter would be violators.
- The Judiciary should be courageous, active, (Judicial activism) and indigent the enable it serve as a guardian of the constitution without fear or favour.
- Under normal circumstances, the primary responsibility of a country’s intelligence is to the nation and not to any particular individuals or regime. However, where the interest and security of the nation is equated with those who wield governmental power, as the case in many repressive regimes, the intelligence agencies tend to develop a distorted view of their role as that of protecting the ruling elite from the society. The net result is for the country’s intelligence activities to degenerate into the witch- hunting of the so-called radicals and critics of bad governmental policies.
Finally, the agencies must accept research as a fundamental aspect of their intelligence work. They should build up their capability in this direction, as well as supplement their own efforts with those of other research organizations within the country. In this regard, they should design a structure of intelligence network that will ensure adequate liaison with the other government bodies and security organizations in the country. In particular they should strengthen their external and grassroots connections. In such a way as to regard every Nigerian at home and abroad as a possible source of intelligence.
It is my humble belief that if and when all the above given recommendations are followed stricti sensu, human rights enforcement will assume a better dimension and Nigerian citizens will enjoy to live in a society that is well secured without fear of insecurity.
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