HUMAN RIGHTS NA MY PROPERTY

THE SECRET WANDERINGS (AND WONDERINGS) OF MISS BON, LP.


HUMAN RIGHTS NA MY PROPERTY

Two weeks ago I had the privilege of attending a training session in Ibadan organized by the Nigerian Bar Association and The Mac Arthur Foundation, the training was focused on the African regional mechanisms for the promotion and enforcement of Human Rights, as well as the New Fundamental Rights Enforcement Procedure Rules.

It was a two day program that turned out to kindle the fire within me with respect to the human rights of individuals especially women and children.

At the training, The African Charter of 1981 also called the Banjul Charter was discussed and I got to understand that the rights of individuals had been so clearly defined as well as the duties of the state to protect such right; Nigeria is a party to this treaty yet a lot of injustice is still experienced in the country.

I wish to recount the experience of my colleague in a (BRT) Bus Rapid Transport on her way to work one beautiful morning. There was a Mercedes 190 Model demanding to be given right of way in front of the bus, the driver refused, the man in the Mercedes who happened to be the passenger motioned for the driver of the BRT to slow down and came down moved rapidly towards the driver’s window and sprayed the contents of a spray can he held in his hands into the bus, then drove off!

All hell broke loose, as people panicked and tried to come down from the bus driven by a driver who had let go off the wheel! He could not see and he could not breathe as a result of the tear gas in the air.

My colleague said that she had to jump down from the bus along with some other passengers. She couldn’t breathe, because apart from the effect of the tear gas, she has a breathing condition. She got to the office in tears.

Who gave the man in the Mercedes Benz the right to possess such an injurious product? Who gave him the right to think that he can do such an act and get away with it?

Where then is the security of person and the dignity to persons advocated for in the Charter and in the Constitution of Nigeria.

Who is looking out for my safety when I go on the streets or even when I am in my home? Is it the police who have become a menace to society?

These are the questions that continue to revolve in my mind as I observe the Nigerian state.

I was irked to find that most of the provisions of the Constitution Federal Republic of Nigeria were in the African Charter. Why then is it so difficult for Nigerians to claim their rights, to be protected by the state’s law enforcement agencies.

It occurred to me that it is not enough to be a signatory to a Charter and yet be unable to enforce the provisions of such an article, despite the fact that Nigeria has complied with the provisions of sec 12 of the Constitution Federal Republic of Nigeria 1999 by domesticating the Charter through the legislation of African Charter on Human and People’s Rights (Ratification & Enforcement) Act 1983, it appears that a lot still has to be done in enforcing the rights of the individual in Nigeria.

Of particular interest to me was The African Union Women’s Rights Protocol which was adopted by the African Union in July 2003, this Protocol details the rights of women in Africa and expands Article 18(3) of the African Charter which merely prohibits discrimination without detailing the extent of women’s rights.

This Protocol makes provisions for the right of a woman to have access to justice and equal protection before the law, this particular provision made me cast my mind to the state of Nigerian prisons, the ill treatment meted out to the women and the thousands who are still awaiting trial.

Also worthy of mention, is the elimination of harmful practices provided in Article 5 of the protocol, it is well known that women have been subjected to harmful practices such as Female Genital Mutilation; this provision of the protocol gives a backing to Non- Governmental Organizations fighting against this harmful practice.

I was amused to observe at the training that when the rights of a woman in marriage was discussed, the men were averse to the idea that a woman would have equal rights in marriage, their argument was that a woman was taken from man hence she should be submissive to his Will. But the intent of this provision was to establish that a woman should have her own identity retained, she should be able to acquire for herself property, she should have given her consent to be married and basically be her own person despite being married to a man.

A controversial article in the protocol is Article 14 which discusses health and reproductive rights of a woman, in this article the woman is supported to have an abortion if having the baby will constitute a risk to her life. The article was misinterpreted as meaning that abortion was legal. Having in mind the moral and cultural values of Nigerians, it was not surprising to listen to the reactions of attendees on this article’s purport. Despite the fact that this treaty has been ratified by the Nigerian state, no domestication has been done. It makes me wonder why the Nigerian legislators are reluctant to enact a law which will encompass the provisions of the Protocol.

Some states have adopted certain provisions of the Protocol; the Lagos State Prohibition against Domestic Violence Law 2007 which addresses violence within the home is a laudable example.

Another major African regional instrument which I enjoyed learning about is the African Charter on the rights and welfare of child, it was adopted in July 1990 in Addis Ababa.

The Treaty has 45 ratifications, and it enjoins state parties to do everything to protect the child, give the child education, protect the child from child labour and humane domestic punishment, give the child freedom to express himself, and ensure that no child is given out in marriage before the age of 18.

In Nigeria, The Child’s Rights Act was enacted in 2003, but it has not been adopted by all states of the Nation.



Three regional mechanisms were discussed to show how the human rights instruments are being protected and enforced.

1. The African Commission on Human and People’s rights which is charged with the responsibility of promoting, protecting and interpreting the African Charter. The ACHPR may conduct human rights missions or visits to state parties and has developed its own rules for managing working groups and special rapporteurs in thematic focus areas.

The process of bringing cases to the ACHPR is referred to as the Communications Procedure; there is a state communication procedure and an individual/ NGO communication.

The recommendations of the body are non-binding in nature.



2. The African Court on Human and People’s Rights established by virtue of Article 1 of the African Court Protocol and created to complement the protective mandate of the ACHPR. One glitch that may be experienced with implementation of the African Court is the provision on access to court, which prevents individuals and NGO’s from having direct access to court except their country has made a declaration under Article 34(6) accepting the competence of the court to receive such cases. However, state parties, African Intergovernmental institutions may bring cases before the court.

The strength of the Court is the binding nature of its judgments and the possibilities for execution of the judgment.



3. ECOWAS Community Court of Justice is an organ of ECOWAS charged with the responsibility of protecting human rights of its citizens within the ECOWAS sub-region. Their recommendations are binding.



The major challenges in engaging with the African Regional System include:

a. Cost

b. Access

c. Time

d. Environment

e. Competing interests.



As I wondered and pondered on all that I had learnt, I realized that as a lawyer I have a huge role to play in ensuring that the human rights of individuals is not trampled upon, that in my own little corner I ought to be a voice that speaks against any infringement of human rights and do all I can either with my pen or my mouth, no effort can be considered wasted towards effecting a change in the way human right issues are addressed in Nigeria and Africa as a whole.