The Impact Of International Law And The African Charter On The Protection Of Human Rights In Nigeria

Description

ABSTRACT

The African Charter on Human and Peoples’ Rights (African Charter) establishes a system or mechanism for the promotion and protection of human rights in Africa within the framework of the African Union (formerly known as the Organisation of African Unity). The African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights. The African Charter is the first regional mechanism to incorporate the different classes of human rights in a single document. There have been a plethora of academic postulations indicating that the African Charter has impacted Nigerian Law minimally. This article contends that the African Charter has impacted positively on Nigerian law notwithstanding the academic postulations to the contrary.

TABLE OF CONTENTS

Title page

Declaration                                                    ii

Acknowledgement                                         iii

Dedication                                                      iv

Table of Statutes and Conventions                 v

Table of Cases                                                vi

List of Abbreviations                                      vii

Abstract                                                           viii

CHAPTER ONE: INTRODUCTION

1.1      Background to the Study

1.2      Statement of the Study

1.3      Research Questions

1.4      Aim and Objectives of the Study

1.5      Scope of Study

1.6      Significance of Study

1.7      Limitations of the Study

1.8      Research Methodology

1.9      Structure of the Study

CHAPTER TWO: LITERATURE REVIEW

2.1      Conceptual Framework

2.1.1 The Evolution and nature of Human Rights

2.1.2 Holistic view and assessment of Human Rights and Protections in Africa

2.1.3 Fundamental Human Rights and its Protection in Nigeria

2.1.4  Relationship between International Law and African Charter

2.2      Theoretical Framework

2.1      Historical (origin) of human right

2.2.2 Rights Based Theory (Ethics)

2.2.3  Natural Rights

CHAPTER THREE: LEGAL AND INSTITUTIONAL FRAMEWORK

3.1      National Legal Framework

3.1.1 Charter of United Nations (1945)

3.1.2 Universal Declarations on Human Rights (1948)

3.1.3 The International Covenant on Civil and Political Rights (ICCRR), The     International Covenant on Economic, Social and Cultural Rights (1996)

3.1.4 African Charter on Human and Peoples Right (1981)

3.1.5 The 1999 Nigerian Constitution of the Federal Republic of Nigeria as Amende

3.1.6 Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa

3.2 Institutional Legal Framework

3.2.1 World Health Organisation

3.2.2 Commission on the Status of Women

CHAPTER FOUR: IMPACT OF INTERNATIONAL LAW AND THE AFRICAN CHARTER ON THE PROTECTION OF HUMAN RIGHTS IN NIGERIA

4.1      Health and Reproductive Rights for Women and Girls

4.2      Rights of a Girl Child and Freedom of Association

4.3      Violation and Implication of the Rights of the Girl Child in Nigeria

4.4      Promotion and Protection of Human Rights and the basic Function in the African Continent

4.5     National Action Plan for the Promotion and Protection of Human Rights in Nigeria (NAP) 2006

4.6      Agencies set up for Human Rights Protection in Nigeria

4.7      Impediments of Human Rights Protection in Nigeria.

STATUS OF THE AFRICAN CHARTER IN NIGERIA

CHAPTER FIVE: CONCLUSION

5.1 Summary of Findings

5.2 Recommendations

5.3 Conclusion

CHAPTER ONE

1.0                                                        INTRODUCTION

1.1                                          BACKGROUND TO THE STUDY

This study analyses the impact of the African Charter on Nigerian law. This article focuses on the impact or relevance of the African Charter on environmental justice (including other socio-economic rights), women’s rights and civil and political rights in Nigeria. This article will be divided into seven sections. The first section will be the introductory section. This section will undertake an overview of the African Charter and highlight some of its inherent contradictions and strengths. The second section will focus on the status of the African Charter in Nigeria. The third section will dwell on the impact of the African Charter on environmental justice in Nigeria. The laws regulating the oil and gas industry and its impacts on the Niger Delta region will also be in focus. The fourth section will dwell on the impact of African Charter on women’s rights in Nigeria. The fifth section will focus on the impact of the African Charter on civil and political rights in Nigeria. The sixth part of the article will focus on the future prospects of the African Charter in Nigeria. Here, the likely impacts of the African Charter on the recently enacted law prohibiting same sex marriages in Nigeria will be highlighted. The seventh section is the concluding part of the article.

1.2                                          STATEMENT OF THE STUDY

The past two decades has welcomed a shift in the attitude towards human rights especially within the African state, widely recognised as an ‘egregious human rights violator’[1] where dualism thrives. As a result of increasing international pressure in tandem with widespread despotic regimes across the African continent such as those of Idi Amin and Jean-Bédel Bokassa, the African Charter on Human and Peoples’ Rights (ACHPR) was finally adopted in June 1981 and entered into force in October 1986.[2] This unique yet undeniably flawed human rights instrument aims to ‘promote and protect human and peoples’ rights and freedoms’[3] whilst taking into consideration the legal and political cultures of African states as well as preserving African tradition and identity.

This study will address the normative flaws of the Charter, emphasising the inadequate coverage of civil and political rights, the detrimental effect of clawback clauses as well as the futile nature of articles’ 58 and 59. The function of the African Commission will be outlined as well as the roles and relationship between the institutions that aid in the implementation of the Charter. In addition, the basic nature of the African state will be unveiled in order to demonstrate the pre-eminence of state sovereignty, self-determination and cultural tradition that subsequently hinder the constructive application of the African Charter. Finally, some distinct features of the Charter will be highlighted in order to determine whether this legal instrument has made a significant contribution in shaping a continental human rights culture. Ultimately this article will affirm the view that the Charter is not as progressive as it is made out to be and although it may have increased awareness of human rights, it still remains a façade[4] for most African countries enabling them to appear politically correct in their quest to satisfy the international community.

1.3                                          RESEARCH QUESTIONS

At the end of this study answers for the following questions shall be provided:

1. Is the African Charter legally binding?
2. When was the African Charter on Human Rights adopted?

• What human rights are being violated in Nigeria?

1. How can we protect our human rights?

1.4                              AIM AND OBJECTIVES OF THE STUDY

The main aim of this work is to address ways of protecting Nigerian citizen right by applying international law and African charter. At the end of this study the following objectives shall be achieved:

1. Citizen right shall be studied
2. Functions or roles of international law and African charter on the issue of human right shall also be studied

• How African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights.

1. mechanism for the promotion and protection of human rights in Africa

1.5                                                      SCOPE OF STUDY  

This study deals with how human rights such as civil and political, socio-economic and cultural, individual and collective rights can be protected using international law and African charter. The African Charter on Human and Peoples’ Rights (African Charter) establishes a system or mechanism for the promotion and protection of human rights in Africa within the framework of the African Union (formerly known as the Organisation of African Unity). The African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights. The African Charter is the first regional mechanism to incorporate the different classes of human rights in a single document. There have been a plethora of academic postulations indicating that the African Charter has impacted Nigerian Law minimally. This article contends that the African Charter has impacted positively on Nigerian law notwithstanding the academic postulations to the contrary.

1.6                                          SIGNIFICANCE OF STUDY

This study has served as an eye opener both to the writer and the reader. With this work different kinds of human right have been disclosed for Nigerian and Africans. With this study different bodies for protecting and promoting citizens’ right have been known and studied. Carrying out this study as a law student has also increased my knowledge and understanding about human right most especially in Nigeria.

1.7                                          LIMITATIONS OF THE STUDY

This study was designed for understanding human right in Nigeria and Africa at large. This study was designed to serve as an eye opener for citizens of Nigeria and Africa to their right.

1.8                                          RESEARCH METHODOLOGY

In the course of carrying this study, numerous sources were used which most of them are by visiting libraries, consulting journal and news papers and online research which Google was the major source that was used.

1.9                                          STRUCTURE OF THE STUDY

The work is organized as follows: chapter one discuses the introductory part of the work,   chapter two presents the literature review of the related works,  chapter three describes the legal and institutional framework, chapter four discusses the impact of international law and the African charter on the protection of human rights in Nigeria, chapter five summarizes the research outcomes.