AN ASSESSMENT OF HUMAN RIGHTS SITUATION IN WEST AFRICA; A STUDY OF NIGERIA’S FOURTH REPUBLIC: 1999-2021 

AN ASSESSMENT OF HUMAN RIGHTS SITUATION IN WEST AFRICA; A STUDY OF NIGERIA’S FOURTH REPUBLIC: 1999-2021

ABSTRACT

 

The topic examined “An Assessment of Human Rights Situations in West Africa; A Study of Nigeria’s Fourth Republic: 1999-2021”. Human rights are fundamental rights and freedoms that every person in the world enjoys, from birth to death. These fundamental rights include freedom from discrimination, slavery, torture, and degrading treatment, as well as the right to life, personal security, liberty, freedom of speech, and freedom of movement. Every person in every country in the world has access to these essential rights. However, human rights violations occur when these fundamental human rights are violated by a group of people, individuals, private groups, or even the government and its officials. On the other hand, by law, violation of any of these fundamental rights are punishable under the law. Without a doubt, issues relations to human rights and Nigerians suffering from abuses and violations are becoming more prevalent daily. Among other human rights issue in Nigeria, arbitrary detention by the government and its officials, unlawful arrest of protesters, harsh and lifethreatening prison, and detention center conditions; political prisoners, unlawful interference with privacy, restrictions on freedom of peaceful protest, expression, and so on are among other human rights issues in Nigeria. The study, therefore, established a strong foundation for further understanding the concepts of human rights issues in Nigeria. The study adopted the linkage theory as its theoretical framework and the methodology used in this work is qualitative based, with the use of articles, journals, newspaper, published and unpublished works, and internet sources. It was revealed based on the general assessment and analysis in this study that the major violators of the peoples’ rights in the fourth republic are agents of the state like the armed forces and the government. This research work recommends that the constitution’s provisions on human rights are extremely significant in order to solve human right violations in Nigeria. The study suggested that Universal Declaration of Human Rights treaties, conventional, African Charter, as well as National constitutional provisions, should be strictly adhering and complying to as regards to promoting and respecting all citizens’ Rights in the country and citizens should be sensitized on the values of women and their contribution toward the development of the society through seminars, conferences, group discussion, media, etc.

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

 

Human rights are fundamental rights and freedoms that every person in the world enjoys, from birth to death. These fundamental rights include freedom from discrimination, slavery, torture, and degrading treatment, as well as the right to life, personal security, liberty, freedom of speech, and freedom of movement. Every person in every country in the world has access to these essential rights.  Furthermore, because the rights outlined in the Universal Declaration of Human Rights and legally binding international covenants of Human Rights are regarded significant and recognized globally, these rights are defined and therefore, protected by laws in every country throughout the world, (Heync, 2001).

However, human rights violations occur when these fundamental human rights are violated by a group of people, individuals, private groups, or even the government and its officials. On the other hand, by law, violation of any of these fundamental rights are punishable under the law. Without a doubt, issues relations to human rights and Nigerians suffering from abuses and violations are becoming more prevalent on a daily basis. In recent years, common issues such as if Nigerians try to express their opinions about the government through protests has been subjected to serious human rights violations, as well as security officials restricting the right to freedom of expression in the country, and government supporters attacking and threatening human rights defenders, protesters and so on, (Lloyd, 2021).

 

Among other human rights issue in Nigeria, arbitrary detention by the government and its officials, unlawful arrest of protesters, harsh and life-threatening prison and detention center conditions; political prisoners, unlawful interference with privacy, restrictions on freedom of peaceful protest, expression, and so on are among other human rights issues in Nigeria and Africa as a whole. In some part of Africa, like Eritrea, citizens are subjected to abuses by the government and its officials, and many continue or attempt to flee the country in order to avoid being forced to serve in the military. While fleeing, some suffer serious human rights violations such as prolonged detention, sexual abuse, torture, abduction, and other ill treatment while in transit, a reflection of governance failure (Kouassi 2007). In Nigeria today, the police who are meant to protect lives and property regularly commit human rights violations, including torture, unlawful killings enforced disappearances and other ill treatment. Violence against women is rampant, the youths are no longer safe in their own country and the government has failed to protect the rights of children and youths, (Onwuazombe, 2017).

 

It is important to also remember that in the north-east, both Boko Haram and Nigerian security forces committed significant crimes, including war crimes and certainly crimes against humanity. Boko Haram has slaughtered hundreds of civilians and kidnapped hundreds of women and girls. Government soldiers launched indiscriminate attacks on villages and detained thousands of people in deplorable conditions. Over 1,500 people were killed in bandit assaults and inter-communal violence in the northwestern and north-central regions. Excessive use of force, resulting in unlawful deaths, torture, and other forms of ill-treatment were commonplace everywhere. (Amnesty International Nigeria, 2020).

 

The fate of hundreds of members of the Islamic Movement of Nigeria (IMN) who vanished in 2015 is still unknown. In the meantime, such atrocities went unpunished. Freedom of expression, peaceful assembly, and association were all routinely infringed. Gender-based violence escalated during COVID-19, and the right to health was weakened. Thousands of individuals were evicted from their homes violently.

Boko Haram continued to commit egregious human rights violations in the north-east, including civilian killings and kidnappings, which amounted to war crimes and possibly crimes against humanity. Over 420 civilians were killed in 45 attacks, the most of which occurred in Borno state, but also in Adamawaand Yobe. Boko Haram, on the other hand, continued to recruit child soldiers. Human rights, such as freedom of expression, peaceful assembly, and mobility, were oppressed by the state. In the framework of imposing COVID-19 regulations, such violations were common: at least 18 persons were killed by the Nigerian Correctional Service, the police, and the military between 30 March and 13 April. Between March and midApril, the National Human Rights Commission received 105 complaints of human rights abuses, including the use of excessive force by security forces in 24 of the country’s 36 states and the Federal Capital Territory of Abuja, (BBC News, 2020).

 

The Nigerian security forces have engaged in serious human rights breaches, including torture and other forms of ill-treatment, as well as the use of disproportionate force, which resulted in unlawful killings on several occasions. The government on its part has failed to investigate claims of human rights violations and abuses in a timely, thorough, and effective manner, or to bring suspected offenders to justice. In the context of the crisis in the north-east, no meaningful steps were taken to investigate or prosecute crimes under international law committed by Boko Haram or the Nigerian military.

1.2 Statement of the Problem

 

With little effort from international organizations, the Nigerian government and its officials have committed a significant increase in human rights violations over the years. Political detainees, torture, and unlawful arrests are all on the rise. In recent times in Nigeria, the right to freedom of expression through protest is restricted, and long-term detention, arbitrary arrests, torture, and enforced disappearances continue to be commonplace, with security officials not being held accountable or punished, and there is little or no freedom to travel freely within the country without the fear of being kidnapped.

 

The problem of human rights is complex, and to fully understand the scope, it is important to examine the nature and dynamics of the Nigeria state. Nevertheless, we can only speak adequately to the emergence of Nigeria with a citation to the issues of trade and slave. It is recorded in history that the first European and American contacts with African states were under the guise of trade, although the auspices of missionary activities were used by some other westerners and personal exploitation in either case, they had contact with African states. In the first years, the system of trade was better as in vogue- Africans traded with the Euro-Americans in terms of worthy commodities such as gold, ivory etc. to get whisky, tobacco and clothing among others in exchange. Then slavery began as soon as this system of exchange was over. This research work basically focuses on the human rights violations in Africa; however, Nigeria is used as a case study. The primary and secondary sources relevant for this study include reports, Journals, articles, newspapers, textbooks, etc. An overview of the existing literature shows there has been a large tilt towards an analysis of the violations in Africa, but little has been done on the subject focusing on Nigeria. Due to this, this study explores that gap and analyses it by using recent events and development in Nigeria such as the Lekki-Toll gate massacre, Nigerian police, and Boko Haram unlawful activities for the expansion of the

literature.

1.3 Research Questions

 

Nigeria is regarded to be a third world country where human rights are believed to have been in detriment. This research is elaborated to find answers to the following questions:

1. What is the state of human rights violations in Nigeria’s fourth republic? ii. What are the challenges faced in upholding human rights in Nigeria?

iii.         What are the steps taken by international organizations to entrench human rights in

Nigeria?

1.4 Objectives of the Study

 

Having established a strong foundation for further understanding of the concept of human rights, it becomes crucial to examine critically the variations of human violations in Nigeria which is the objective of this study. As much as they are, we would analyze at least three of the varieties that are unique only in correlation to themselves and also as the objective of this elaborate piece. Some of the varieties to be assessed include political, social, and economic freedoms.

This research intends to achieve these aims based on the following specific objectives.

2021. Examine human rights violations in Nigeria from 1999 to 2021.
2022. Identify the challenges of upholding human rights in Nigeria’s fourth republic.

• Evaluate the steps taken by international organizations to entrench human rights in Nigeria.

1.5 Research Propositions

 

1. There are serious human rights violations in Nigeria’s fourth republic. ii. There are no challenges faced in upholding human rights in Nigeria iii. International organizations have been in the forefront of human rights promotion in

Nigeria.

1.6 Significance of the Study

 

This study is significant because it will help the various international organizations and institutions to know the level of human rights violations occurring in Nigeria. Also, it will help governments and institutions to understand the profound functions and roles the United nation play in promoting universal declaration of human rights and regional peace and stability.  Also, this research is useful for students, researchers and policymakers working on or around human rights violations in West African or Africa as a while. The study’s findings would be extremely beneficial to both international and local researchers, organizations, regional governments and policy makers in terms of policy formation, foreign policy, particular in relation to human rights in Nigeria. This study will also be valuable to Nigeria’s Ministry of Foreign Affairs and policymakers in Nigeria and other African countries on how to achieve regional integration within the affected regions. This study will add to the existing body of knowledge while also encouraging more research into the area.

 

Lastly, this study will be a large contribution to the existing literature and academic research working on or around the subject of human rights in developing African states and regional development as it largely focuses on recent happenings in

the international realm particularly in Nigeria.

1.7 Theoretical Framework

It is important to state that this research work is basically built on existing literature done on or around human rights issues in Africa. Several theories, perspectives, and approaches have been employed for this study in the social sciences field but to study human rights to sustainable development requires a change in the approaches to human development from the traditional development. It is best to adopt a theory that would show how much of a ripple effect a decision can have on other aspects of society for this study.

 

Hence this study employs the linkage theory (Rosebay, 1969) that states that any action by a system is reacted to by another party. This shows how an event can determine the outcome or process of another; this is called the ripple effect or butterfly effect whereby an event that is generally perceived as a small event can result in a larger event because of the massive effect

it has.

 

The linkage theory was a foreign policy that originated from the works of Richard Nixon and

Henry Kissinger in the 1970s détente, during the Cold War. Joseph Frankel in his book entitled Contemporary International theory and Behaviour of the State, 1972, where he posits what he refers to as the linkage approach has its starting point from the systems analysis. Further still, for him, ‘Linkage’ denotes “any recurrent sequence of behaviour that originates in one system and is reacted to in another “(Rosenau, 1969).

 

It is not new anymore that the Nigerian government has no incentive to enforce and improve human rights conditions in the political and economic development of the country. This negligence to protect the human rights of the citizens on the part of the government has resulted in many retaliations as seen in the #ENDSARS Movement, internal states conflicts, kidnappings, Niger-Delta violence, bandits and so on.

 

Over the years, human issues such as the freedom from slavery, torture, or arbitrary detention, disappearance, and unlawful killing are on the increase. A critical challenge in promoting human rights, however, is that core and democratic institutions lack provisions for enforcement.

 

The relationship between human rights violation and the Nigerian economy can be best explained with the linkage theory which can be used to prove the heavy role human rights play in the development process. Past events like the Arab uprisings or the global financial crisis have further buttressed the synergy between development and human rights. The condemnation of political and Civic rights, lack of transparency and accountability, corruption, and the condemnation of the rule of law are linked as primary causes of civil unrest in several parts of the world. Using Libya as a case study, observations have shown that before any state slips into the state of crisis or the ‘failed state’ status, there usually are looming symptoms of denial of fundamental human rights in the economic and sociocultural sector.

 

The Gaddafi-led administration of Libya was ended by a unanimous vote by the United Nations General Assembly using the denial of rights to association and peaceful protests by using violence against protesters. In 2010/2011, an Arab awakening started as a rejection of antidemocratic and oppressive rule in the Middle East and North Africa region with the aim of revolting against those administrations in Libya, Tunisia, Syria, Yemen, and Egypt (Zuber and Moussa, 2018).

 

Nigeria is not left out when we take an example of the crisis that started in the Niger Delta region because the government neglected the cries of the people for their share of the federal allocations and environmental protection. The negligence of these rights and absence of accountability continued in this area and it resulted in civil unrest between the Itsekiri, Ijaw, and Urhobo people. The availability of light weapons also led to the militarization of the region. Moreover, in the Northeastern part of Nigeria, illiteracy, poverty and high birth rate turned the region into a drilling ground for insurgents. For instance, Mohammed Yusuf used the negligence of the government and hardship experienced by the people to recruit more people into the insurgent Boko Haram which till this day has had negative impacts on the country’s development in the south west region, the persistent harassment by the Nigerian police force resulted to #theEndSars Movement, this is because the Nigerian government failed to take the necessary actions. This did not only cause political unrest but also called for international attention.

1.8 Research Methodology

 

The methodology used in in this project is qualitative based, making use of articles, history, newspaper, the researcher assess the challenges faced in upholding human rights in Nigeria’s fourth republic. The researcher adopted qualitative method of data collection and employs secondary sources in the course of fulfilling the objective of this work. It is worth noting that the secondary data used were collected previous works, published and unpublished works, articles, journals, conference papers, magazines, reports, newspaper publications as well as internet sources.

Moreover, the methodology in this work is chosen because of its uniqueness in tracking unique events from their original sources demonstrating the historical experience and its interpretations from their actors. The forms of qualitative research are participant observation, content analysis and focus groups. Each method is particularly suited for obtaining a specific type of data. For this reason, this methodology has been chosen to point and

systematic analysis various regional events. It is important to note that the data were collected from published and unpublished works, including conference papers, books, journals, articles, newspapers, magazines, and internet sources.

As mentioned earlier, this research work is basically qualitative, while the linkage theory is adopted as its theoretical framework. To this end, this study posits that the persistent human rights violations in Nigeria is a major hindrance to sustainable, political and economic development. The study concludes that persistent human rights violations in Nigeria have impeded development in Nigeria.

 

 1.9 Scope and Limitations of the Study

 

This study has a scope that is only confined to evaluating human rights violations in Nigeria from 1999 to 2021. The scope also covers United Nations and human right bodies in Nigeria and their contributions to a peaceful West African environment and development, majorly in Nigeria. Also, the challenges and successes of the organizations of The United Nations and human rights bodies will be enumerated. This study centers on universal declaration of human rights policies and events of human rights violations from 1999 to 2021.

 

Very importantly, this work has a wide limitation; the principal limitation of the study that the researcher encountered was the inability to carry out the research to its full extent owing to budgetary constraints, although the task could be completed with the support of financial aids. Finding relevant textbooks, journals, and other materials, as well as the unavailability of some crucial data from the respondents, all constituted a threat to the research’s quality but in due time with frequent contact with United Nations and other human right bodies’ respondent at the secretariat, different libraries such as Baze University Library, Nile University Library, BTM African Garden Library, Abuja, etc., the work was achievable.

1.1.0 Definition of Terms

 

Human Rights: Human rights are fundamental rights and freedoms that every person in the world enjoys, from birth to death. These fundamental rights include freedom from

discrimination, slavery, torture, and degrading treatment, as well as the right to life, personal security, liberty, freedom of speech, and freedom of movement. Every person in every country in the world has access to these essential rights.

Human Right Violation: Human rights violations occur when these fundamental human rights are violated by a group of people, individuals, private groups, or even the government and its officials.

Integration: Integration is an act or a process of integrating. To integrate entails to coordinate, form or blend into a functioning coherent whole.

Fourth Republic: The Fourth Republic of Nigeria is the current republican government of Nigeria. Since 1999 it has governed the country according to the fourth republican constitution.

1.1.1 Research Outline

The first chapter of the study starts with the introduction of the research, considering the research problem, the research objectives, the significance of the study and the scope of the study. The second chapter of the study considers the literature review and the theoretical framework. The third chapter will consider the challenges of human rights in Nigeria.

The fourth chapter will consider the appraisal of human rights situation in Nigeria and the role of the international organizations in enhancing human rights in Niger. The fifth chapter will consider the conclusion, summary and recommendations for the research.

AN ASSESSMENT OF HUMAN RIGHTS SITUATION IN WEST AFRICA; A STUDY OF NIGERIA’S FOURTH REPUBLIC: 1999-2021

 

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