NIGERIA, GLOBAL PEACE AND HUMAN RIGHTS ISSUES

NIGERIA, GLOBAL PEACE AND HUMAN RIGHTS ISSUES

ABSTRACT

This chapter examines the theoretical linkage between global peace and human rights stirred by poor governance. This is because the denial of fundamental human rights is a recipe for conflict and when widespread, it upsets international peace. Whereas there are deep and structural socio-economic and political cleavages among ethnic groups and endemic corruption, we observed that non-provision of human needs and conflicts has become closely linked chiefly in Africa. Thus, we regress three indices comprising that of Human Development Index (HDI), Corruption Perception Index (CPI) and Democracy Index (DI). The result reveals that global peace could be measured if we aggregate the National Peace Index (NPI) of states using the three indices. We conclude that Nigeria needs to deepen its democratic culture, intensify human rights training programmes of the law enforcement agents and gender mainstreaming. This does not exclude the need to domesticate International Human Right Treaties and improve on Institutional Capacity in order to promote a peaceful and egalitarian society.

INTRODUCTION

The basic insight behind the pursuit of peace is undeniably a global phenomenon. This viewpoint is unswerving; and as freedom-loving people resist tyranny in all its consequences, the struggle between states and the governed chiefly in areas of development, liberty, and equality have been grounds for activism. Peace in any society is not only imperative for the promotion of human development but an essential catalyst that fosters democratic customs. The status of international peace is further underscored when nations united to foster a global organization with the main object of peace and prosperity. In this wise, and as a prerequisite for progress, protection of human rights and citizens from abuse by states has become sacred. Without human rights protection, the quest for peace would be impossible. Of course, balancing national interest and individual rights is the acme of good governance - an uncommon phenomenon and one of the major triggers of grave human anxiety and suffering. This chapter thus examines features that distinguish global peace from other approaches to international relations. We equally assess the intrinsic complexities of people’s inalienable rights, those that are saddled with the responsibility to protect those rights and conflict. This chapter will resolve that customary human rights are not consistent with the provisions of basic human needs.

CUSTOMARY HUMAN RIGHTS APPROACH TO GLOBAL PEACE 

Expectedly, human rights protection should address internal rebellion and promote domestic peace. However, the customary approach to these has become purely a scholastic venture. Aside from Abraham Maslow’s published work in 1943 "A Theory of Human Motivation" in which he first presented his hierarchy of needs theory, there are other excellent short histories of the constructivist school (e.g., Barnett 2005; Reus- Smit 2005). Though relevant, my aim is to avoid repeating them and instead expounds that linkage between global peace and traditional Human rights protection. To do so, it is expedient to highlight approaches, including materialism, realism, and rationalism, so as to illuminate human rights constructivism and how its derivatives could facilities global peace in the long run. This involves some polemics because the lines that separate some of these theories are not at all clear and in some instances, the data used to arrive at National Peace Index (NPI) later in this chapter could be further interrogated. 

In what follows, realism is understood at its core to be about materialism - that is, the theory that states respond to material needs, incentives, and power; thus, it is the state that should protect human rights that most often deny such rights. At the same time, rationalism is about instrumentalism - the theory that states pursue individual advantage by calculating costs and benefits, yet not surprising that insecurity within states are engineered by the government itself due to conflict of interest with the people they govern. Constructivism, by contrast, emphasizes the social and relational construction of what states are and what they want (Wendt 1995, 73). Thus, protection of human rights and global peace are inextricably related from these perspectives.  All these approaches might be used to focus on power politics, cooperation, conflict, or any other substantive phenomena. A quick study of constructivism also opens the possibility that changes in the social relations among states could transform the anarchical system into something that is not anarchic (Wendt 1999, 307–8). It creates a social hierarchy within which subordinates feel an obligation to follow the directives of the authoritative rule or actor. Authority and anarchy are therefore mutually exclusive. While some constructivists have remained within the anarchy problematic, others have found empirical evidence of the existence of institutions of legitimated power. For instance, the internal rebellions in England that led to the formulation of the Magna Carta in 1251 and bill of rights in 1689 (Ojomo, 2005); was an idea about human rights that reflect those of the political thinkers such as John Locke during the period. The codification thereof in England does set out certain constitutional requirements of the Crown to seek the consent of the people that are represented by the Parliamentarians. In the United Kingdom, the Bill of Rights is further accompanied by the Magna Carta, the Petition of Right, Habeas Corpus Act 1679, Parliament Acts 1911 and 1949 and the Human Rights Act 1998 as some of the basic documents of the uncodified British Constitution (Magna Carta, 1215). Several decades of constructive engagement with peoples right thereof has produced a stable and prosperous Britain. The United Kingdom except for recent happenings in Ireland has accomplished a delicate balance between collective needs and domestic peace.

In the United States, the revolutionary activities that swept through the country resulted in the American Declaration of independence in 1776. The Declaration was written by Thomas Jefferson and adopted by the Second Continental Congress at the time. It was very concise as to why the British Colonies of North America sought independence in July 1776.  What is remarkable in the American case is the opening preamble stating categorically that: “All men are created equal and there are certain unalienable rights that governments should never violate”. These rights include the right to life, liberty and the pursuit of happiness. The document went further to decree that when a government fails to protect those rights, it is not only the right but also the duty of the people to overthrow that government. In its place, the people should establish a government that is designed to protect those rights (Thomas Jefferson, 1776). This became the foundation upon which the United States democratic principles were built. This trend led to the election of Barak Obama in 2008 and ‘America First’ was the slogan during the 2016 election that brought Donald Trump to power. This is momentous and symbolizes a harmonious link between the People, the government and the military in the United States. 

While the American example is noteworthy, it is instructive to also consider the French Revolution of 1789 as it relates to human rights and peace. The French Revolution led to the declaration of the Right of Man (Ojomo, 2005), and it is perhaps, the greatest event of the modern period and it influenced the whole human society. The whole world received the message of liberty, equality, and fraternity and the welfare of the common man became significant. Consequently, different countries made required constitutional changes to align with the French position. One important aspect of note in the French Revolution is that before the Revolution, it was the Bourbon family that ruled over France. This family act with impunity as they erroneously have the faith in the theory of divine right of kingship. By the end of the Revolution, a Constitutional form of government and republic in France was firmly established. The main result was the acquisition of fundamental human rights by the French people (www.undergraduatehistory.blogspot.fr). The revolution in France espoused the linkage that exists between protection of human dignity and violence. 

In the decades that followed, and in an effort to preserve international peace, the committee of nations met in 1899 in The Hague and held an international peace conference. The conference elaborates on instruments for settling crises peacefully, preventing wars and codifying rules of warfare. It adopted the Convention for the Pacific Settlement of International Disputes and established the Permanent Court of Arbitration, which began work in 1902 (www.un.org). The forerunner of the United Nations was the League of Nations, an organization conceived in similar circumstances during the First World War (WW1), and established in 1919 under the Treaty of Versailles "to promote international cooperation and to achieve peace and security” (Ibid). In recent times, the atrocities of the Second World War (WWII) further strengthened the conviction for international recognition and promotion of human rights as a requirement for international peace in the United Nations in 1945.  The establishment of the United Nations (UN) thus, deepens the rights and responsibility of individuals beyond the state. 

In 1948, and in furtherance to the pursuit of a peaceful world, an effort was made to institutionalize rights of man and make it legally obligatory on states. Towards practical steps for global peace, the UN General Assembly (UNGA) adopted the Universal Declaration of Human Rights (UDHR), which became the catalysts for further actions, that was targeted at the protection of human rights and pursuant to universal peace. Accordingly, the UN and its affiliated exercised widespread impact on the thoughts and actions of states and individuals towards human rights and international peace (International Bill of Human Rights, 1996). 

The dynamic global trend concerning international human rights mechanism further encouraged the adoption of the human rights instruments in Africa. The Assembly of Heads of State and Government in June 1981 adopted the African Charter on Human and Peoples’ Rights (ACHPR), which came into force in 1986.  This represents a positive step in the promotion and protection of human rights on a continental basis (Eze, 2009). At the sub-regional level, The Economic Community of West African States (ECOWAS) established a Community Court of Justice (ECCJ) in 2004. This is to adjudicate on violations of the rights of citizens within the community, and a way of deepening its integration process and peaceful coexistence in the community. 

In Nigeria, there are constitutional provisions on the promotion and protection of human rights. The country is a state party to several international instruments on human rights. In 1995, Nigeria established the National Human Rights Commission (NHRC), to deal with matters relating to Human Rights Violations (HRV) in the country. This was in furtherance to the promotion of peace and harmony in Nigeria.

In spite of the existence of these instruments on human rights, the world is less peaceful today as exemplified by events in North Korea, Iran, Gaza, Afghanistan, Syria Nigeria among others. There is an increased threat of terrorist attacks in 29 nations (Global Peace Index, 2011). There is a greater risk of violent demonstrations also in more than 33 countries. The Middle East and North African's (MENA) protests further re-enforced the conjecture that there is a link between human rights protection beyond treaties and global peace.  Sub-Saharan Africa remains the region least at peace, containing 40 of the world’s least peaceful countries (Global Peace Index, 2011). The unrest in the MENA region had a profound impact on the humanitarian situation (www.ifrc.org); equally provokes internal displacement and compounds an already grim human rights situation. In terms of achieving the Millennium Development Goals, estimates showed that violence cost the global economy more than $8.12 trillion in 2010 (Ibid).

In Nigeria, the human rights situation did not abate in spite of her efforts at observing international law and the rights of individuals. There are many incidences of violent conflicts, extra-judicial killings, sectarian killings, youth restiveness and kidnappings in Nigeria (interview with Lar, 2011).  On the Global Terrorism Index, the ranking of Nigeria has jumped from 16th out of 158 countries in 2008 to 6th by the end of 2011, (Global Terrorism Index, 2012). There were 168 officially recorded terrorist attacks in 2011 alone. Bombings across the northeast prompted President Goodluck Jonathan of Nigeria in May 2013 to declare a state of emergency in Adamawa, Borno, and States. Many Nigerians have come to question whether the country is on the brink of a civil war (Ben Okagbue, 2013). In 2018, the situation has become internationalized and has not been completely eradicated. 

As we shall see later in this chapter, outside the traditional rights, three factors attributable to why traditional approach to human rights did not achieve the desired peace. While the customary approach is significant, it is important to underscore the fact that despite globalization, the world is not at the same level of development. We shall argue, therefore, that in Africa, there is a paradigm shift from human rights to human needs.  Accordingly, three areas befitted our focus - these include the issue of Human development, poor democratic culture, and corruption. For every challenge that breed violence, there are immediate and remote causes. Some have attributed the inherent instability in Nigeria particularly to lack of right to quality education and youth empowerment. 

RETHINKING HUMAN RIGHT AND GLOBAL PEACE

In the book “Meeting Human Needs, Preventing Violence: Applying Human Needs Theory to the Conflict in Sri Lanka” David in Early History of the Culture of Peace, quote Adams which states that “violence is not human nature” (Gert Danielsen, 2005). This was corroborated at a meeting of scientists in Seville in 1986 and documented by Adams (Adams, 2003). The scientists at the end of the session in Seville came to the conclusion that there is nothing yet known in biology that would make it impossible to abolish warfare. Likewise in his preface to his treatise, Gert Danielsen, quoting from Coate and Rosati, "Preface," in The Power of Human Needs in World Society” (Coat and Rosati, 1988) stated as follows:

Human needs are a powerful source of explanation of human and social interaction. All individuals have needs that they strive to satisfy, either by using the system 'acting on the fringes,' or acting as a reformist or revolutionary. Given this condition, social systems must be responsive to individual needs, or be subject to instability and forced change possibly through violence or conflict (Gert Danielsen, 2003).

In the course of probing for a fitting theory, which illustrates a departure from the traditional human rights to a human needs idea, several models came to mind. However, among other considerations for the study, the Human Needs Theory (HNT) seems to offer a better understanding of the interaction between the two variables of peace and human rights. Proponents of this theory perceive conflict to result from competition over resources as a result of public needs (Roger et al, 1988). This paradigm was further reinforced by the likes of Henry Murray, Erich Fromm, and Abraham Maslow. Together, they review that deprivation is critical in understanding factors for human motivation (Ibid). They conclude that; neglect over non-negotiable human needs is what propagates violent societies. HNT may offer valuable insights into the sources of conflict and thus possible resolutions. However, we often confused human needs or basic human needs with subsistence needs. On the other hand, such a view of human needs may limit our understanding of the human being to simply exist as a biological creature. Although there are conflicts over subsistence, most conflicts have to do with other unmet human needs, such as protection, identity, recognition, participation, and understanding (Gert Danielsen, 2003). As enunciated by Gert, there are various individuals who have applied human needs theory. Here, the proposals of Abraham Maslow, John Burton, and Marshall Rosenberg will briefly be explored.

            Abraham Maslow prioritized his concept of human needs by arranging them in the form of hierarchy with food, water, and shelter at the base of his pyramid, followed by the need for safety and security, and then by belonging or love. The 4th level is the need for self-esteem, while the 5th consist of personal fulfillment. Maslow argues that each human being is trying to meet needs on a certain level at any one time. An individual looking to meet needs for food and water will not be looking to meet needs of belonging, love or self-esteem. Only when the needs on the lower end of the Pyramid are met, will humans look to meet their need for personal fulfillment (Ibid).

            Unlike Maslow, John Burton’s focus was on current social and political conflicts. In his work on protracted, social conflicts, he looks at how universal human needs are often neglected, leading groups to use violence to claim their rights and satisfying their needs. His view is comparable to the ‘Arab Spring’, particularly events that ensued in Syria, Egypt and many other countries within the MENA region and Africa South of the Sahara. In what involve human needs, Burton argues that education and culture make parties manipulate issues by the other parties (Ibid). In Marshall Rosenberg’s approach, human needs are universal and meeting them is essential to human survival and well being. Rosenberg clusters his idea of needs into sub-groups and is open to the existence of needs beyond what he has defined. He states that our education and culture often alienate us from connecting with our real needs, and through Nonviolent Communication, he proposes a model for connecting with our own and others’ needs, an approach he applies in all levels of society and which he applied in mediation in several countries (Ibid). 

The advantages of HNT are numerous. Susan Marker notes that human needs are non-negotiable. The theory can be applied at all levels of society, for intra-and interpersonal conflict, inter-group conflict and in an international setting. Thirdly, it focuses on the source of conflict, looking at how best the parties can have their needs met, and those of others. According to Gert, finding strategies to meet underlying needs may help reduce the use of expensive peacekeeping, peace enforcement and creating of buffer zones (ibid).

In the settings of this chapter, we make effort to associate the desire for protection of human rights with the consequence of the deliberate neglect of the needs of the people. In Nigeria, the remote cause of the Niger Delta militancy is not far fetched from this proposal. Despite an effort to criminalize the Boko Haram upsurge, it all started from handiness of jobless youths that became exposed to radicalization. Comparable neglect in other African countries has generated diverse views and equally propelled the UN to mitigate non-negotiable needs of the people not only by human rights instruments but relief materials, including the provision of education. The HNT theory aptly joins this analysis in that, anxiety does occur when the government is unwilling and unable to satisfy the needs of the people they govern. The danger emanating from these frictions in developing countries are not limited to the national borders rather they threaten regional and international peace. The HNT explained that people feel motivated when their needs are largely satisfied. In this study, protection of human rights will provide the same reaction from individuals. Deprivation of human needs or human rights expectedly results into anxiety and public display of anger. This notion becomes relevant in explaining the effects of human rights protection on global peace. The explanation is useful in arriving at a working peace model later in this chapter. Before going on, let us consider other views and works of literature.

VIEWS ON HUMAN RIGHTS AND GLOBAL PEACE 

Several scholars have written extensively on international protection of human rights and global peace. One of the existing works on this is by Maiese titled, "Human Rights Protection Beyond Intractability'. Maiese view on this topic is traditional, it discussed that human rights are the fundamental rights and freedoms to which all humans are considered entitled, the right to life, liberty, freedom of opinion and expression, and equal treatment before the law, among others (Maiese, 2004). Maiese claimed that responsibility to protect human rights resides first with the states themselves. He argued that public authorities and government officials institute policies that violate basic human rights. Maiese is of the idea that abuses of power by political leaders and state authorities have devastating effects on genocide, war crimes and crimes against humanity. He posits that it is difficult to protect human rights when those saddled with responsibilities are the violators. 

Eze argued in his book titled; 'The African Charter on Rights and Duties and Enforcement Mechanisms'; that international protection of human rights is the demand or claims, which individual or groups make on the society (Eze, 2009). He stated that the international community or organization could oversee such claim if delayed for consideration. Eze did not address the issues of good governance, which is a prerequisite for human right protection. Bledsoe et al in their work titled "International Law Dictionary" explained that human rights were historically concerned with civil and political rights (Bledsoe et al, 1987). He posited that it was treaties that created the norms of international law and that individuals have rights under this law. This work focused extensively on the legal definition of human rights but failed to bind human rights to international peace.  

Kant’s 'Eternal Peace’ in CJ Friedrich's 'Inevitable Peace', explained that global peace is a utopian theory of planetary non-violence by which countries will cooperate either voluntarily or by virtue of a system of governance that prevents conflict (Kant, 1948).  He added that the term is sometimes used to refer to a cessation of all hostility among all individuals. Kant's notion of cessation of hostilities among individuals did not connect the subject of peace to human rights protection, especially as it relates to Africa. 

Hensley in his book titled 'Power and The Pursuit of Peace: Theory and Practice in the History of Relations Between States', argued that global peace is more commonly referred to a permanent end to global and regional wars (Hensley, 1963). His assessment focused on conflict situation and peacemaking while this chapter is peace building centered. Instructively, President Barack Obama has noted that:

Building a lasting global peace in the 21st century would require that the words of the international community must mean something, because global peace is unstable where citizens are denied the right to speak freely or worship as they please or choose their own leaders or assemble without fear; and a just peace includes not only civil and political rights but encompasses economic security and opportunity. He posited that true peace is not freedom from fear but freedom from want; and reiterated that security would not exist where human beings do not have access to enough food or clean water or medicine (Obama, 2009).

The available literature has covered key areas of human rights protection and global peace and contributed immensely to the subject matter. However, most of the works did not focus on the two variables as a subject. Also, none of the literature deliberately linked human rights protection and peace to Nigeria. This chapter thus set out to bridge the gap and develop the knowledge base on human right protection on peace in Nigeria.

INSTITUTIONAL AND LEGAL FRAMEWORK FOR THE PROTECTION OF HUMAN RIGHTS IN NIGERIA

The Constitution of the Federal Republic of Nigeria (CFRN) since independence in 1960, guaranteed the fundamental human rights of its citizens and further espouses its criticality to the peaceful and corporate coexistence of the country. There is also an inclusion of highly rigorous procedures that make its alterations difficult (Aduba, 1999). The 1960 and 1963 CFRN equally guaranteed freedom from deprivation of life, freedom from deprivation of liberty and the right to a fair hearing (the 1999 Constitution of the Federal Republic of Nigeria as amended). Undoubtedly, the 1979 CFRN and 1995 Draft CFRN reaffirmed resolved belief in and promise to a comprehensive and enforceable body of human rights (the Constitution of the Federal Republic of Nigeria, 1963). The 1999 CFRN provided for respect of human rights and acknowledged the various international instruments that Nigeria is a signatory. They are equally sustained in the 2011 CFRN as amended. 

Additionally, Nigeria has developed a National Action Plan (NAP) on the human rights in Nigeria (Nigerian Federal Government Constitution, 1979). The National Action Plan for the Promotion and Protection of Human Rights is the response of the Government to the recommendations of the Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights in Vienna Austria in 1993.  This declaration requested that: “Each state considers the desirability of drawing up a national action plan identifying steps whereby the state would improve the protection and promotion of human rights” The Government of Nigeria has fully associated itself with the Vienna Declaration and Programme of Action, both of which emphasize that all human rights are universal, indivisible, interdependent and interrelated; and that democracy, development, and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. This is pursuant to the recommendation of the World Conference on human rights held in Vienna in 1993. In the introductory remark of the National Action Plan for the Promotion and Protection of Human Rights in Nigeria 2009 – 2013, the brief history of human rights in Nigeria was stated clearly to predate the advent of colonial rule. Human rights and fundamental freedoms were recognized in the traditional Nigerian societies. The idea of rights was not, however, conceived in the modern notion. Such values as the right to family, kin and clan membership, freedom of thought, speech, belief, right to enjoy private property and right to participate in the governance of the affairs of the society were jealously guarded. However, freedom from discrimination, right to association and equality rights were hardly respected because it was believed all men were not born equal, as there were slaves (Osu in some communities) and sons of the land, outcasts, and Freeborn (National Action Plan for the Promotion and Protection of Human Rights in Nigeria 2009-2013).

Also in line with the provisions of CEDAW, Nigeria adopted National Gender Policy (NGP) in 2007. It aimed at building a society free of discrimination, such that assist the full potentials of all social groups regardless of gender. Nigeria made gains in terms of the political participation of women and their inclusion in government through elections and appointments. This is vital to ensure balanced policy and policy implementation, which reflects the aspirations and needs of half of the population. Since 1960 when Nigeria had just one woman out of 36 in the Senate and no women in the House, The country moved to 7% representation of women in the National Assembly. While disappointingly low by African average of 19% representation, at the Federal Executive Council President Goodluck Jonathan has constituted a cabinet that has come closest to meeting the recommendation of the National Gender Policy 2006 for at least 35% representation (Osori, 2013). Furthermore, Nigeria ratified several leading international and regional instruments on human rights. 

Fundamentally, Nigeria established national institutions such as the NHRC to attend to issues of human rights. It has equally established anti-corruption institutions to address underlying causes of human rights such as fraud. However, there are issues that contend with these objectives. This is further discussed.

ISSUES OF HUMAN RIGHTS PROTECTION AND PEACE IN NIGERIA

Essentially, the argument brought forth in this chapter is to ask the fundamental question as to whether these rights as enshrined in the constitution really works for the masses. Scrutinizing many cases of human rights infringements in Nigeria, it is hard to accept as true that those rights that are enumerated in the constitution of Nigeria could be relied upon. While their inherent existences are not in doubt, the ability of those in government to respect, adhere and comply with some of these human rights provisions are doubtful. Some of the issues that project such beliefs include the incessant kidnap cases and wanton killings that are prevalent in Nigeria. One cannot but ask about the safety of lives and property in Nigeria with the scourge of Boko Haram and the Fulani Herdsmen. The earliest portion of the constitution of the Federal Republic of Nigeria expresses that the protection of the security of lives and property of the citizenry is the primary duty of governance. The second segment mentioned safeguarding the welfare of the people. It went further to reveal that the state owes the people who are the owners of the sovereignty of Nigeria these rights. The entrenchment of fundamental rights and freedoms in Nigeria in the modern sense according to the Nigerian National Action Plan could, however, be traced to the Bill of Rights, 1958, which culminated in Chapter III of the 1960 Independence Constitution and those that followed. The Independence Constitution of 1960 and the Republican Constitution of 1963 have provisions for the protection of fundamental human rights. The 1979 and the 1999 Constitutions went further by providing a Bill of rights in Chapter IV. It went further to provide for Fundamental Objectives and Directive Principles of State Policy in Chapter II, which recognised Economic, Social and Cultural Rights but gave it an inferior status to the rights in chapter IV, by making the Economic and Social rights non justiciable (Ibid). The entrenchment of human rights provisions in the Nigerian Constitutions was aimed at creating a society, which protects political freedom as well as the social and economic well being of Nigerians. It seems the discrimination between chapter II and IV of the constitution has adversely affected the progress in the development of civil liberties and socio-economic rights in Nigeria. Despite the guarantee of fundamental rights and liberties in the Nigerian Constitutions since 1960, the Country had the misfortune of military intrusions. This further compounds the situation and had far-reaching effects on the promotion and protection of democratic values and fundamental freedoms among Nigerians (Ibid). This chapter as we shall see later in the estimate of the National Peace Index (NPI) for Nigeria and other countries is concern more about the welfare of the citizen, which by design has not been the focus of most governments in Nigeria. The deduction here is that human right is good, but only good governance can drive it. Though, it may be convenient to pay lip service to the fundamental human rights of the citizenry rather than in practical terms ensure their safety and welfare.

This chapter is of the view that, it is lack of safety and social welfare that breeds resentments, and good leadership drives a welfare state. Good leadership is what stimulates development, and as we explained with the theoretical framework, human needs are met when good leaders govern them. Thus, we shall take a critical look at issues affecting human rights protection and peace in Nigeria. We shall critically examine for instance the issues of irregularities in the electoral regimes, and the use of excessive force by the law enforcement agents. We shall equally highlight on gender imbalance, corruption and lack of transparencies. Areas of importance also to be discussed include the issue surrounding the domestication of human rights treaties and sectarian and ethnoreligious violence.  

IRREGULARITIES IN THE ELECTORAL REGIMES.   

Globally, elections have become the most accepted means of changing the government. However, there are inherent difficulties in holding elections that could be adjudged as free and fair. The 2016 elections in the United States was a test case. The changing pattern, technological effect, and prejudice have gradually become significant in the US electoral process despite marginal effort to cover such impact. From the Middle East and North African Region (MENA), the importance of a good Electoral Act cannot be underestimated. In Nigeria, foreign and local observers alike have characterized the country’s electoral process as fraudulent. What is of interest in this chapter perhaps is the unpleasant outcome of such an irregular electoral exercise as it affects human rights and peace. Despite the good effort and very strong institution in the United States, the country is being dichotomized; there is a growing gulf in the polity and bitter chasm that is apparent. It is not certain how long the institutional capacity could hold on electoral frauds affected by state agents. For instance, there are reported cases of human rights abuses occasioned by the alleged irregularities in the general elections of 2003, 2007 and 2015 in Nigeria. Political killings, disregard for the rights of people to choose their leaders through the ballot characterized the electoral process during this period. This was an infringement on the civil and political rights of the citizens and threat to public peace. 

Historically, elections in Nigeria have always been perilous particularly when transiting from one regime to another. This is also the trend in other African states especially as seen observed in Zimbabwe until recent military intervention against President Mugabe in 2017. Thus, the topic of human rights and peace cannot be discussed outside the scope of electoral malpractices particularly in Africa. Electoral violence often occurs because voters are habitually not allowed to freely choose those who represent them.  Again, voters are often prevented from making rational and independent choices among the parties, candidates, and programmes. Thus in discussing human rights protection and global peace, electoral malpractices and impunity, which directly affect the democratic index of a country have become a recurring decimal and thus a challenge. The violence that often occurs before, during and after most elections must have taken place frequently bring about instability in the most part of Africa and particularly in Nigeria.  

No doubt, election violence has been the major bane of Nigeria democratic sustainability since 1964 general election. Today, the use of political militancy to intimidate political opponents has grown into the monster such as the Niger Delta Militancy as we have in the southern part and the Boko-Haram complication in the North East of Nigeria. To put it more succinctly, it is the armed youths that were used to intimidate the political opponent and which are later abandoned that continue the struggle to sustain general bad habit they are used to when working for the politicians after such an election has been concluded. These groups of youth, first of all, form themselves into criminal gangs and carry out petty crimes, such as 2018 bank robbery that took place in Offa Kwara State Nigeria and purportedly linked to some politicians. They often later graduate into kidnapping for money. When hi-jacked by religious zealots, it changes the dynamic to rebellion and then to terrorism as we realize in North Eastern Nigeria. This trend is cyclical and gets to the climax every 4-year circle of elections in Nigeria. In the Niger Delta, we have had a situation in our hands whereby oil cartels regularly hi-jacked militants for the purpose of oil theft and illegal crude oil bunkering. Because of the type of money that is laundered through these activities, the country has remained captive to the oil cartel, and the people that suffer environmental degradation and abject poverty are the poor, women and children. Thus, human rights protection and global peace directly affected, when the situation escalates beyond the control of the government, and refugees start to move across borders.  A good electoral process could become key to driving human right protection and peace in Nigeria.

EXCESSIVE USE OF FORCE BY THE LAW ENFORCEMENT AGENCIES.

Despite effort at denying Human Rights allegations, Nigeria Police and other security forces continued to be implicated in widespread acts of torture, ill-treatment, extra-judiciary killings, illegal extortion and arbitrary arrests. Security forces in Nigeria have always been accused of heavy-handedness long time even before the scourge of Boko Haram in the country. For instance, security agents in 2012 alone killed hundreds of suspected members of the Boko Haram group. Also killed are residents of communities where such attacks occurred. Hundreds of people have been arrested during raids across the Northeast in particular. World report by the Human Right Watch in 2013 reveals that many of those detained were held incommunicado without charge or trial, in some cases in inhuman conditions. Some were physically abused; others disappeared or died in detention. These abuses in turn helped further fuel the Boko Haram’s group’s campaign of violence (www.hrw.org/world-report/2013). The failure of Nigeria’s government to address the widespread poverty, corruption, police abuse, and longstanding impunity for a range of crimes has created a fertile ground for violent militancy. Since the end of military rule in 1999, more than 18,000 people have died in inter-communal, political, and sectarian violence. In the past, the 2005 evaluation by Human Rights Watch revealed consistent patterns of torture and extra-judiciary killings in the Police Force (Abuja: NHRC, 2005).  Also, in March 2007 the UN Special Rapporteurs on Torture asserted that torture remained an essential part of how law enforcement services operate in Nigeria (Alston. 2005). The trend has always been there in Nigeria and activists are sceptical on the real status of the 7,198 “armed robbers” killed “in combat” between January 2000 and March 2004 by the police. According to the Human Right Watch Worlds report 2013, Government security forces have been implicated in serious human rights violations in response to the Boko Haram violence. During raids in communities where attacks have occurred in 2012, soldiers have allegedly burned homes and executed Boko Haram suspects or residents with no apparent links to the group. Nigerian authorities have rarely brought anyone to justice for these crimes. The report further stated that Nigeria’s police force continues to be implicated in frequent human rights violations, including extrajudicial killings, torture, arbitrary arrests, and extortion-related abuses. 

The immediate concern however, is that the Nigeria’s authorities are yet to prosecute members of the police and military for the unlawful killing of more than 130 people during the 2008 sectarian violence in Jos, Plateau state, the soldiers who massacred more than 200 people in Benue State in 2001, or soldiers involved in the complete destruction of the town of Odi in Bayelsa State, in 1999. These we believe accounts for the poor relationship that exists between the security agencies and the people of Nigeria. There has been no love lost between the people of Nigeria and the security agents. Thus in the equation of human rights protection, the people are not having the confidence of the security agents that are paid from their taxes to protect them. The lack of cooperation that ensued has exacerbated further violent crime and insecurity. 

GENDER IMBALANCE

The relevance of gender mainstreaming in the discus of human rights protection and global peace could be taken from the episode of the Aba Women's Riot of 1929. The Aba Women's Riot popularly referred to as the Igbo Women's War of 1929 started in November 1929. Organized by the poor and uneducated women of Owerri and Calabar area in the South Eastern part of Nigeria, this epic event led to the forced resignation of many colonial chiefs. About 16 Native Courts were attacked and destroyed in the process, leading to instability in the region (Aborisade, Oladimeji, Mundt, Robert .J, 2002). Emerging from this protest, the situation of the women in this region improved greatly, making them relevant in the service of their people. Consequently, many events in the 1930s, 40s, and 50s were inspired by this riot (Oriji, 2000). The issue of the gender mainstreaming has become focused in Nigeria’s polity lately. For instance, the share in parliament female-male ratio for 2010 is 0.079, shows a great improvement from what it used to be at the beginning of the democratic process in 2009. 

Though the 2011 CFRN as amended forbids gender discrimination, customary and religious laws still control rights (Ovrawah, 2011).  However, it is difficult to harmonize legislation and eliminate bias norms as a result of the tripartite system of civil, customary and religious law (UN Universal Declaration of Human Rights, 1948). The government has established a committee on the reform of discriminatory laws against women, which has drafted a decree for the abolition of all forms of discrimination against women. The decree has now been considered and thus the country is beginning to see a positive transformation in gender imbalance (Salihu, 2011).

The downturn however according to the Human Right Watch Worlds report 2013, on Sexual Orientation and Gender Identity Nigeria’s criminal and penal codes punish consensual homosexual conduct. Sharia penal codes in many northern Nigerian states criminalize consensual homosexual conduct with caning, imprisonment, or death by stoning. In March, a court in Nasarawa State in Middle Belt of Nigeria sentenced two men to two-year prison terms for having sexual intercourse, and in September an Abuja court sentenced a man to three months in prison for sodomy. In November 2011, the Senate passed sweepingly discriminatory legislation that would criminalize anyone who enters into or assists a same-sex marriage or supports lesbian, gay, bisexual, or transgender groups or meetings. Thus, human rights protection has suffered a setback with Same-sex relationships being illegal in Nigeria. The new law means that gay couples entering into either marriage or cohabitation could face 14 years each in prison. Consequently, the United Nations High Commissioner for Human Rights has condemned Nigeria’s Parliament for passing a law that further criminalizes homosexuality by punishing those who try to enter same-sex marriages.

CORRUPTION AND TRANSPARENCY CONCERNS.   

Corruption and lack of transparency is an issue that affects human right protection due to skewed social welfare functionality. Corruption incrementally puts too much money in the hands of less than one percent of the population leaving the remaining 99 percent in dare need. The outcome is reflected in the level of the poverty rate, illiteracy, infrastructural decay and weak institutions. The statistical estimate for the 2010 Human Development Index (HDI) for Nigeria was 0.423 (Ibid).  As revealed later in this chapter, there is a correlation between peace and human development when we compared failing states with those that ensure better social welfare distribution. For instance, if we do a comparative analysis of HDI in Nigeria with that of the Democratic Republic of Congo and Denmark, it becomes glaring that Nigeria and DRC with low HDI are not as peaceful as Denmark with high HDI (Robinson, 2000). Amnesty International’s 2011 report posited that communities most affected by human rights abuses were the real driving force behind the human rights struggles being experienced in the world of recent (Integrated Regional Information Network, 2004).

 Lack of transparency and corruption is equally exemplified by the Nigeria Police. The Nigeria police force continues to be implicated in frequent extortion-related abuses. Despite promising public statements, corruption in the police force remains a serious problem. The police routinely solicit bribes from victims to investigate crimes and from suspects to drop investigations. Senior police officials embezzle or mismanage police funds, often demanding monetary “returns” from money that their subordinates extort from the public. Therefore, it could be argued that countries with poor HDI are susceptible to violations of human rights and consequently violence that imperils global peace.

CONCERN REGARDING NON-DOMESTICATION OF HUMAN RIGHT TREATIES    

Nigeria operates a dualist system, whereby treaties, including those dealing with human rights, cannot be applied internally unless domesticated through legislation (Egede, 2011).  In view of the countries chequered political history, replete with several military interventions, it has had several constitutions, which adopted the dualist approach as section 12 of the CFRN (Nigerian Constitution of 1999). The issue of domestication has thus, continued to plague the adherence to international human rights treaties in Nigeria.

DIFFICULTIES ABOUT SECTARIAN AND ETHNO-RELIGIOUS VIOLENCE.  

Sectarian and ethnoreligious violence has been a recurring issue in Nigeria. Assessment of human rights protection in Nigeria between 1999-2010 shows an increase in sectarian and ethnoreligious violence leading to death and displacement of many people (National Action Plan for the Promotion and Protection of Human Rights, 2009-2013). Many states recorded cases of armed violence and instability in recent years especially in Plateau, Kaduna, Kano, Borno, Yobe, Benue and the Niger Delta States.  We shall examine the effect of human right protection on global peace by evolving an Operational Peace Index (OPI) later in this chapter. 

EFFECTS OF HUMAN RIGHTS PROTECTION ON PEACE IN NIGERIA

Human rights treaties play an important role in international relations. At the annual World Economic Forum conference in Davos in January 2013, CNBC Africa hosted a special panel titled ‘De-risking Africa’. The panel featured the heads of state of Africa’s two largest economies, President Goodluck Jonathan and South Africa’s Jacob Zuma along with the CEOs of two leading companies with operations across the continent and the president of one of the world’s most influential nongovernmental agencies that focus a large portion of its work on Africa. During the session, Louise Arbour, president and CEO of the International Crisis Group, drove home the point that the failure of governments to strengthen institutions and address economic exclusion present serious risks, as does continuing insecurity in many parts of the continent. As documented by Ngozika Amalu, the other non-government panellist, South African executive Graham MacKay, CEO of SABMiller, made a case not so much for de-risking, but for enhancing growth potential in Africa by removing the ‘bottlenecks’ – poor road networks and bridges, unreliable water and electricity supply and a lack of proper waste management, to name a few (Amalu, 2013). As we shall discuss shortly, the assertion that perceptions of Africa are biased towards negativity because non-Africans shape them has a powerful resonance among leaders and civil society today, even if Africa’s feeble long-term indicators tell their own story. 

Before we take a cursory look at the theoretical linkages and fundamentals to Human Rights abuse and as a catalyst to lack of peace in Nigeria it is instructive to note that out of the 46 countries ranked in the Low Human Development category of the UN Human Development Index, 36 are African. Few, though, could dispute that, historically, the experiences of Africa and interpretations of events on the continent have been expressed overwhelmingly by non-African voices. What is significant in the following analysis is that lack of good governance, poor educational infrastructure, lack of socio infrastructures poor monetary and fiscal policies (taxation and double-digit interest rates) are issues that hinged on low production capacity and economic development and directly linked to deprivation, and lack of peace in Nigeria. The potentials inherent in Good governance bring to fore the importance of Human development, and that of social welfare. A focus on welfarist states of Denmark, Netherlands, and Sweden, for example, reveals three advantages. First, these states enjoy broader international and rational support when compared to other states. Second, human rights treaties could be both rigid and too vague and do not allow governments to adopt reasonable policies that advance welfare at the expense of rights, and they do not set forth rules governing how states could clearly distinguish human rights from social welfare. A welfare treaty could provide guidance by supplying a maxim and along with verifiable measures of compliance. Third, Most of the poorest states have poor leaders, who try to satisfy the international norms of human rights. The inability of these to advance beyond the scourge and issues of corruption, and weak democratic institutions thus, lead to a no peace situation in Egypt, Syria in 2013 and Nigeria in 2018. These outcomes are results of long years of bad governance and deprivations. 

It is, therefore, essential to see how important good governance is as compared to an amputated policy that rides on the international norms of human rights. This prognosis could relate to the coming anarchy in places such as Cameroun, and Angola with poor political freedom and practice. This is because of the 3 indices of Human Development Index, Corruption Perception Index and Democracy Index are on the low side of 5 as we shall see later. Accordingly and for practical purposes, this chapter theorized that the effect of human right protection on global peace could be determined using democracy index, corruption perception index and human development index. This is evaluated using the Operational Peace Index (OPI), with constituent.

The scholarship observed that most of the constituents of the 3 generational rights are aptly captured in the Democracy Index (DI), Corruption Perception Index (CPI) and HDI. Manipulating the data derived from these values yielded the Operational Peace Index (OPI) in this study. 

After due consideration, OPI for any particular country is derived by regressing:

          OPI = 1/3(DI + CPI + 10HDI) + M

OPI = Operational Peace Index, which measures the level of adherence to human rights and peaceful co-existence within a state.

CPI = Corruption Perception Index, which measures the level of corruption within a state.

HDI = Human Development Index, which measures the level of human welfare and development within a state.

DI = Democracy Index, which measures the level of democratic culture and philosophy within a state.

M = Random error variable, which takes care of factors outside HDI, DI, and CPI, that might alter the result (OPI).

The data points for all the indices are derived from the 2010 United Nations Development Programme (UNDP) figures. Nigeria and Democratic Republic of Congo (DRC) are compared with Sub-Saharan Africa and the World on one hand and Denmark is compared with the European Community and World. For this reason, only the respective time series data for each of the variables for a specific country is needed for the OPI’s analysis. Denmark is relevant to this study as the control or standard. The UNDP, Transparency International and The Economic Intelligence Unit of the Economist had aptly derived relevant statistics.

DEMOCRACY

Democracy and good democratic culture are measured using DI. The DI is based on 60 indicators grouped in five different categories notably electoral process and pluralism, civil liberties, functional government, political participation, and philosophy. In 2010, the DI appraised the state of democracy in 167 countries. Denmark ranks first with 9.80, DRC ranks 142 with 2.89 and Nigeria ranks 123 with 3.47. Comparatively DRC and Nigeria did poorly than Denmark. The implication is that Denmark is most peaceful among the 3 countries.

CORRUPTION PERCEPTION

Corruption perception is measured using the CPI. The CPI of 2010 measured perceived level of public sector corruption in 178 countries on a 10-point scale. The countries that are on point-10 are regarded as clean or less corrupt while those on point-1 are regarded as highly corrupt. The result suggests that Denmark ranked first in CPI with 9.3 points, DRC ranked 164 with 2.0 points and Nigeria ranked 134 with 2.4 points. Thus, Demark is less corrupt while DRC and Nigeria are deemed to be highly corrupt. From the foregoing, Demark is the most peaceful among the 3 countries.

HUMAN DEVELOPMENT

Human development is measured using the HDI. The 2010 HDI shows that Denmark ranks 19, while DRC ranks 168 with 0.239.  Nigeria ranks 142 with 0.423. From the foregoing, the DRC and Nigeria least in the HDI, and in practical terms less peaceful.

ANALYSIS FOR NIGERIA  

The OPI for, Nigeria is 3.37, Denmark 9.25 and DRC 2.43, out of the three countries DRC is lowest and the least at peace. Denmark, on the other hand, scored highest and she is considered as most peaceful.

Countries with high OPI Index also adhere to human rights protection. DRC, which has a low OPI also have poor human rights values. Thus, Nigeria at 3.37 has not met the average score that is 5. This is where the gap in Partha and Manas definition of global peace is covered.  It shows that there could actually be a cut-off point below which a society is taken as peaceful, and beyond which the society descends into a state of no-peace. Galtung’s positive peace, which he considered as empirically measurable, is also relevant in this section. This study thus determines the threshold for Nigeria.

The OPI estimate for Nigeria is calculated as follows: 

OPI = alpha (HDI) + beta (DI) + gamma (CPI) + epsilon (M). The OPI could thus be expressed as: 

OPI = 1/3(DI + CPI + 10HDI) + M

M = random error variable, which takes care of factors outside HDI, DI and CPI, that might be contributing to the OPI.

HDI is multiplied by 10 since HDI ranges normally, from 0 < 1, while and CPI range from 1< 10. Also, 3 divide the result in order to find the average. Thus, the 1/3.

To test the OPI using Nigeria data have:

CPI = 2.4

HDI = 0.423

DI = 3.47

Therefore, OPI = 1/3(DI + CPI + 10HDI) + M 

OPI = 1/3{2.4 + 3.47 + (0.423 x 10)} + M

OPI =1/3 (2.4 +3.47 + 4.23) + M

OPI = 3.37+M

Since OPI ranges from 1<10 and Nigeria scores below 50 per cent in the above case (OPI = 3.37+M), it implies that Nigeria has challenges with human right protection, and may be susceptible to internal crises.

The OPI is novel. It can be used to ascertain at a glance if a country is adhering to human right values and if she is peaceful. OPI is also used to predict if a country would be peaceful in the immediate future if she continues to neglect people’s right. The HNT in the theoretical framework is thus significant.  This is because; there is a connection between satisfying the human needs and adhering to the protection of the first and second generations of human rights. 

CONCLUSION

Since more than a decade, international protection of human rights theory has animated some of the most exciting scholarships in unraveling the reason for greater world instability. If a true joint discipline has not yet emerged, this chapter forged an inextricable relationship in both fields of human rights and global peace. The paradox of orderliness, prejudice, and unfairness as the basis of most society provokes debate about the common heritage of human rights on one hand and imploding states on the other. Against the contextual debate among scholars of human rights are its universality, applicability and constructivist outlook in Nigeria. We hence assess human needs as a paradigm shift of human rights. The complementary character and complexities of human rights protection and the attainment of global peace make interactions between the disciplines especially rich. An appraisal of international protection of human rights revealed that several efforts have been made by the international community toward its effective application to achieve global peace since WWII. The high point of the effort was the declaration of the UDHR in 1948. These and other treaties, at a global, regional and national level raised some issues, which include irregularities in the electoral regimes, use of excessive force by Law Enforcement Agencies. Others are gender imbalance, corruption and lack of transparency, domestication of human rights treaties and sectarian and ethnoreligious violence. 

We equally contend the divergent interests and anxieties, particularly in less developed countries. The study identified some effects of human rights protection on peace in Nigeria. The Democracy Index, Corruption Perception Index, and Human Development Index produce our Operational Perception Index and its analysis of Nigeria revealed that Nigeria is faced with challenges of human rights protection and susceptible to internal crises.

The chapter also identifies some challenges in Nigeria, against human right protection and its potentials for peace. These include weak structural and operational institution and non-adherence to human rights standards by the Law Enforcement Agencies. Others are gender inequality, non-domestication of human rights instruments, and passive civil society. We reveal that these challenges have adversely affected the ability of Nigeria to adhere to some of the human right laws resulting in low Operational Peace Index.

In spite of these challenges, there are some prospects for the protection of human right in Nigeria. They include the consolidation of a culture of democracy, strengthening of national institutions, emerging trends of civil society and Freedom of Information Law. Nigeria needs to deepen its democratic culture and intensive training programme on professionalism for Law Enforcement Agencies. It must also eliminate gender discrimination, domesticate all international human rights treaties she is a signatory and improve its national institutional capacity. 

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Ohifeme Ejemai MSS CPP Msyl fdc PhD

Security Management Subject Matter Expert Defense and National Security

6y

This paper is very insightful and explains the obvious gaps in Strategic Direction that will guide military operations. Thanks

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