Non-Governmental Appraisal of the Frameworks for the Promotion and Protection of Human Rights in Nigeria (Published)
Non-governmental organization are key actors in human rights promotion and protection in Nigeria. As also key players in international human rights mechanisms and particularly the Universal Periodic Review (UPR) process of the Human Rights Council (HRC), non-governmental stakeholders in Nigeria have participated in the three UPR circles of Nigeria and submitted reports appraising the normative and institutional frameworks for the promotion and protection of human rights. As a creation of the HRC in 2006, the UPR is a peer mechanism to review, on a periodic basis, the human rights records of all Member States of the United Nations based on three distinct sources of information submitted to the HRC. One of such sources of information is the reports from non-governmental organization operating in Nigeria classified as ‘other reports’ and compiled by the United Nations Office of the High Commissioner for Human Rights. Focusing on the ‘other reports’ submitted to the HRC on the normative and institutional frameworks for the promotion and protection of human rights in Nigeria, this article which is descriptive in nature concludes that despite advances claimed in its national UPR reports by the Government of Nigeria, non-governmental stakeholders are still of the view that there are evidently several weaknesses in the normative and institutional frameworks for the promotion and protection of human rights in Nigeria.
Keywords: Civil Society, Human Rights, Nigeria, non-governmental, normative and institutional framework, universal periodic review
Sentencing and the Scope of Deportation in Nigeria (Published)
This paper examined the scope of deportation within the deterrent framework of Nigerian Criminal Justice System. Various legal provisions for its operation and judicial attitudes were discussed. The paper equally examined various acts of internal deportation carried out by the Executive Arm of Government with impunity, against the poor and proffered lasting solutions to the problem.
Keywords: Constitution, Human Rights, deportation, sentencing
The Right of Citizens to Keep and Bear Guns: A Violation of the Article 3 and 25 of the Universal Declaration of Human Rights- Study Case of USA, South Africa, France and India-Recommendations to United Nations Based on China’s Experience (Published)
This article raises the issue of the right of citizens to keep and bear guns. The right of citizens to keep and bear guns is the right conferred by governments to people to own a gun for the purpose of self-defense. However, for more than two decades, this right has become a tool of violation of human rights across the world, justified by a high rate of gun related deaths, violence and gun delinquency. More than two hundred thousand people die by private guns every year around the world, either by homicide or suicide. Amnesty International talks about a human right crisis, putting the life of seven billion of people in danger, threatening global security and peace, and causing serious consequences on the socioeconomic life of the countries, in violation of the Article 3 and 25 of the Universal Declaration of Human Rights (UDHR). Based on the case of USA, South Africa, France and India, this article shows the consequences that this legislation causes on the humanity, demonstrates the efficiency of the China’s gun policy and recommends to United Nations to require to State members to abolish the right of citizens to guns following China’s experience, and to establish a world day against the right of citizens to guns.
Keywords: Human Rights, United Nations, china’s experience, guns-violation, right of citizens, universal declaration
The Impact of Human Rights on Good Governance and Sustainable Development in Nigeria (Published)
Human rights and good governance are the salient elements of a well-functioning state and society. They are also mutually reinforced; for human rights principles provide a set of values to guide the work of government and other political and social actors. Good governance on the other hand is a key to sustainable development and without good governance human rights cannot be respected in a sustainable manner. The three concepts thus work hand in hand. However in countries like Nigeria where democracy and rule of law have not been fully nurtured the move towards implementing human rights and good governance principles into the daily functioning of state institutions can be a huge challenge. The probability that a nation will achieve the aims of sustainable development and participative democracy are all the greater if human rights are respected. The aim of this article is to ascertain the level of observance of respect of the human rights in Nigeria by the government authorities and other social actors and the impact such observance or otherwise has on governance and development in Nigeria. It is observed that though the Constitution of the Federal Republic of Nigeria, 1999 (as amended) makes an elaborate provision on human right, and that Nigeria has acceded to numerous international instruments on human rights, the problem of bad governance with the resultant inadequate development has a link with failure of the authorities that be, to adequately appreciate the requirements of human rights and apply them in governance. Furthermore a lot of the basic human rights as contained in Chapter II of the Nigerian Constitution are not enforceable, thus failure of the authorities to observe them cannot be questioned. It is advocated.
Keywords: Democracy, Good Governance, Government, Human Rights, Sustainable Development
The Persistent Breach Of Human Rights by Personnel of the Nigerian Police Force as Recorded in 2016 to 2018: A Call for International Attention (Published)
The rascality exhibited by the Nigeria police started way back from the colonial days till date. The Police Act, Administration of Justice Act, chapter four (4) of the Nigeria Constitution are the Codes that regulate and define the duties and mode of operation of the Police Force in Nigeria. The International law is also there as a global standard on human rights preservation. The primary objective of this paper is therefore to identify the reasons for frequent human rights abuses by the Nigeria police force and make recommendations toward stemming the tide. This paper reviews the Human rights abuses by the Nigeria police force in the years 2016-2018 by reference to the International law, Constitution, Police Act, Internet sources, Newspaper scholarly publications and text books. The findings in this paper are that the Nigeria police force has not been fair to the Nigeria masses. There are lapses in the training and orientation of Nigeria police force, the officers and the rank and file. The Nigerian Constitution guaranteed human rights protections. Similarly some domestic legislation had been passed protecting the Human rights. This paper brings to the bare a few cases and instances the Nigeria police force personnel had exhibited unbridled rascality in utter disregard for citizens lives and the dignity of human person. This paper makes recommendations toward ensuring that the police keep to their statutory role of protecting lives and property and eschew bitterness in discharging their duties.
Keywords: Constitution, Human Rights, human torture, investigations, rascality
Human Rights within the EU Prior to the Existence of the Charter (Published)
In addition to the adoption of U.D.H.R and E.C.H.R, the founding Treaties of the European Communities did not undertake any commitment to the protection of human rights at Community level. An explanation for this is the one that relies on the purpose of creating the EU, which was the creation of a common market, putting emphasis on the economic and functional aspects. The treaty establishing the European Economic Community (Treaty of Rome-1957) contained only a few fundamental rights, the foremost of which was the prohibition of discrimination on the grounds of nationality. However, it is understandable that, despite the lack of projections therein, treaties were not intended to violate of human rights. The 1986 Single Act made a direct reference to the notion of the protection of human rights for the first time. Maastricht’s treaty (1992) undertook a more concrete step, stating in its Preamble the observance of human rights in more specific way.
Keywords: Charter, EU, Human Rights
The Link between the Eu and the Echr (Published)
The ECHR has played a major role in incorporating the ECHR as part of the EC’s general principles, which assured the EU and its institutions to look at issues from the perspective of human rights. The ECHR has considered the convention as an unwritten human rights record in the EU. However, this was not enough to avoid the uncertainty in protecting human rights in the EU. The Treaty of Amsterdam for the first time became a general reference to the convention. An important step is considered Article 6 (2) of the Amsterdam Treaty. With the new status of the Charter following the Treaty of Lisbon, there are two international human rights documents belonging to the two supranational organizations, closed: on the one hand, the Council of Europe and the ECHR convention with the jurisprudence of her and in turn the Card inspired more by the ECHR and its jurisprudence. The question posed by this point is: Is the Charter a competitive or a threat to the convention system? Does the Charter come as an alternative to the Convention on the Protection of Human Rights in the EU?
Keywords: ECHR, EU, Human Rights, Treaty of Lisbon
Irregular Migration by Sea: Contemporary Incidents in the Mare Nostrum – The Transition from State-Based Action to Humanitarian-Drive Regional Controls (Published)
Irregular sea migration has proven to be a popular means of escaping violence and armed conflict. Events after the Arab Spring in 2011 caused a lot of irregular sea migration over the Mediterranean to Europe. This created serious problems and concerns. The purpose of this research is to examine the rights of irregular sea migration in international law, constraints of states in accepting these irregular migrations and propose a solution to the problem. The paper identifies that the right to life is a fundamental legal provision that irregular sea migrants have. Therefore, it is imperative for all state and non-state actors to honor this. This can best be done by viewing the sea in a regional rather than national context. This way, states can unite and share the challenges of dealing with common issues within a regional context.
Keywords: Dublin III, Human Rights, International law, Irregular, Mare Nostrum, Mediterranean, Migration
Linkage between Independence of Judiciary System and Human Rights, Albania’s Case (Published)
Principle of separation of powers is reflected in albanian constitutional system. There are intense debates among constitutionalists about recent developments of this principle. Tripartite system of separation of powers lies in the prediction of independence of judiciary system. Independence of judiciary system is a legal requirement, a core principle of rule of law, a human right guaranteed by democratic constitutions all over the world and as well as a means to enjoy other human rights. Albanian Judiciary System has made limited progress toward independence and impartiality. Regarding legal framework, Albania adopted essential set of laws, even that there are some laws passed by legislative bodies which according to Constitutional Court Verdicts are unconstitutional and violate independence of judiciary system. Another debatable issue it is the composition of High Council of Justice, membership of President of Republic and Minister of Justice. Two parallel inspectorates as Inspectorate of Ministry of Justice and Inspectorate of High Council of Justice overlap each other competences and undermine judiciary independence and intimidate judges. The main research question is about the linkage between independence and impartiality judiciary system and human rights. Dealing with laws ensuring independence, as well as with some legal provisions violating it we will reach into important conclusions
Keywords: Human Rights, Impartiality, Independence, Judiciary system
Human Right Issues and Women’s Experiences on Demanding Their Rights in Their Communities: The Way Forward for Nigeria (Published)
The renaissance humanism era of the early modern period ushered in the belief that everyone, by virtue of his or her humanity is entitled to certain human rights. These rights therefore accrue to people by virtue of their humanity and some of these rights are so fundamental that violation of any of them attracts an action of enforcement by the aggrieved person. These rights are enshrined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. The extent of the protection of these rights for some members of the Nigerian population especially women, remains uncertain, doubtful and a seeming mirage because its protective powers have been thwarted by long standing discriminatory and cultural norms and practices in relation to women. This paper will look at the violations and the precarious position of women in rights issues. It will also x-ray some experiences of women in quest of these rights in their communities. The paper will also proffer recommendations as a way forward.
Keywords: Experiences on Demand, Human Rights, Women