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Yar’Adua:
Any agenda for human rights? right?
By EMMANUEL ONWUBIKO
Monday,
May 12, 2008
Barely one month to the first anniversary of the emergence
of the current Federal administration headed by Alhaji Umaru
Musa Yar’Adua, who was sworn in as the third executive
civilian president of the federal republic of Nigeria on May
29, 2007, a majority of Nigerians that should know are at
a loss as to the precise human rights agenda of the administration.
The question that has continued to echo across different schools
of thought in Nigeria and even the developed western world
is what is President Umaru Musa Yar’Adua’s human
rights agenda?
This question was reinforced when it emerged that the seven-point
agenda reeled out by the current administration seems bereft
of human rights contents even as the pronouncements and actions
of key government officials like the Secretary to the Federal
Government, Baba Gana Kingibe, who reportedly announced the
dissolution of the legally constituted governing council of
the National Human Rights Commission of Nigeria (NHRC) without
regard to international obligations of Nigeria to respect
the Paris principle.
That principle prescribes compliance with statutory tenures
for the officials of the country’s Human Rights Commission
as enshrined in the 1995 National Human Rights Commission
Act, which is an Act of the National Assembly. The dissolution
did not help matters and this has made analysts around the
world to believe that the current administration does not
have any clearly defined Human Rights agenda.
In the seven point agenda of the current administration, power
and energy, food security, wealth creation, transport, land
reforms, security, and education were the major components
just as the Umaru Musa Yar’Adua-led administration did
not deem it appropriate to at least mention the term human
rights in the entire gamut of the seven-point agenda which
is now the ground rule for the management of Nigeria’s
civil, political and economic administration.
Though the current Federal Minister of Information and communication,
Mr. John Ogar Odey who has done so much to explain the underlying
objectives of the seven-point agenda of this administration
insists that the respect for the human rights of Nigerians
and other citizens of the world resident in Nigeria was germane
in the compilation of the seven point agenda, the Federal
Government is yet to manifest more than a passing and ephemeral
commitment to ensure the enthronement of the respect of the
human rights of Nigerians.
Unemployment and poverty are widening by the day and millions
of Nigerians are left to roam around without any concrete
agenda to rescue them from the massive frustrations that they
face on daily basis in Nigeria. All the interventionist institutions
like the National Directorate of Employment [NDE], the National
Agency for Poverty Eradication [NAPEP] and even the office
of the Senior Special Assistant to the President on Millennium
Development Goals (MDGs) have not impacted positively to redress
the widening chasm between the rich and the large army of
poor Nigerians.
In the power and energy sector for instance, the Federal Government
promised that the infrastructure reforms in this sector, especially
the development of sufficient and adequate power supply, will
ensure Nigeria’s ability to develop as a modern economy
and an industrialized nation by the year 2015. One year after
this pronouncement was made by the current administration
with an added promise to declare what it calls a state of
emergency in the power sector, nothing significant has been
done.
Apart from the fact that the promised state of emergency is
yet to be declared, Government has further demonstrated its
resolve to outsource the power and energy sector to the whims
and caprices of private sector investors because according
to the Federal Government, Nigerian Government does not have
the funds to revitalize the ailing power and energy sector
which is seriously weakened by institutional corruption especially
in the last eight years when over $16 Billion United States
of Nigeria’s funds were mismanaged by the immediate
past administration.
In the area of food security, the current government emphasized
that the development of modern technology, research, financial
injection into research, production and development of agricultural
inputs will revolutionize the agricultural sector leading
to what it calls a 5-10 fold increase in yield and production.
This move, according to the Federal Government will result
in massive domestic and commercial outputs and technological
knowledge transfer to farmers. Majority of Nigerian farmers
who ought to be the beneficiaries of this gesture by government
know very well from experience that these are easier said
than done.
Now, Nigeria is at the verge of food insecurity because of
Government’s deliberate neglect of the agricultural
sector over the last fifty years and the trend has continued
even now. The global food insecurity has worsened Nigerians’
predicament. The 1999 Constitution did not make the chapter
two which enunciates the fundamental principles of state policies
explicitly justifiable so that Nigerians who feel strongly
that government is not keeping to its words to protect and
promote their socio-political rights as basic human rights
can challenge government in the law court and compel the implementation
of this rights-based approach to food security. Section 14
(1) (b) of the 1999 Constitution states that the security
and welfare of the people shall be the primary purpose of
Government.
For instance, section 18(3) of the 1999 Constitution was so
ambiguous that it stated that Government shall strive to eradicate
illiteracy; and to this end Government shall and when practicable
provide…. The wording of this provision is very unreliable.
The pronouncement by Government in the seven point agenda
is bereft of workable time frame and modalities for actualizing
the goals. This is why most people support the move by the
National Assembly to amend the 1999 Constitution to comply
substantially with the rights-based demands of the citizenry
and to hold government officials accountable to the electorate.
Black, in his eighth edition Law Dictionary defined Human
Rights as “The freedoms, immunities and the benefits
that... all human beings should be able to claim as a matter
of right in the society which they live”. The Vienna
World Conference on Human Rights held in 1993, encouraged
States to draw up National Human Rights Action plans to develop
a human rights strategy suited to their own situations. The
main function of such a plan is to improve the promotion and
protection of human rights. To that end, human rights improvements
are expressed as tangible objectives of public policy, which
are to be attained through the implementation of specific
programmes, the participation of all relevant sectors of government
and society, and the allocation of sufficient resources.
Nigeria, through the National Human Rights Commission of Nigeria
(NHRC), drew up a National Action Plan on Human Rights which
was presented in early 2006 to the Federal Executive Council
by the then Federal Attorney General, Bayo Ojo, accompanied
by the Governing Council of the National Human Rights Commission
of Nigeria appointed in 2005 for a four-year tenure, including
this writer. Shortly after the National Action Plan on Human
Rights was presented to the Federal Executive Council and
adopted as a working document in Nigeria and subsequently
presented to the United Nations Human Rights Council, Government
embarked on deliberate moves to undermine the independence
and powers of National Human Rights Commission [NHRC] with
the removal of the then Executive Secretary, Buhari Bello,
who indeed is also a civil servant.
Human rights campaigners in Nigeria advocated the appointment
of an independent human rights expert to be appointed to head
the Nigeria’s National Human Rights Commission (NHRC)
but Government went on to appoint another civil servant. From
2006 to late 2007, the functions and powers of the Governing
Council of the National Human Rights Commission encapsulated
in the 1995 National Human Rights Commission establishment
Act were systematically abused and the Council sat for fewer
times than is required by the enabling Act.
Nigeria’s National Action Plan on the Promotion and
Protection of Human Rights is comprehensive and encapsulates
some of the finest programmes that if the current administration
had relied on the document in writing its’ seven point
agenda, governance would have been enriched. Prison Reforms,
which was mouthed loudly by the immediate past administration,
was not attended to as quickly as Nigerians were expecting.
The prison decongestion programme spearheaded by the office
of the federal Attorney General is not receiving the right
kind of attention and, in fact, it is alleged that only lawyers
loyal to the current Federal Attorney General are been settled
with the big briefs to decongest the prison through the court
system.
It is interesting to note here that for close to two weeks
now, Iyabo Obasanjo, a serving Senator wanted by the Economic
and Financial Crimes Commission over charges of N300 Million
naira scam in the Federal Ministry of Health claimed that
she is hiding from the EFCC because of fear of torture. This
claim is crucial because this writer has met at least a dozen
persons allegedly tortured by the Economic and Financial Crimes
Commission.
Government must do something crucial to assure Nigerians that
it is committed to protecting and promoting their fundamental
Human Rights because for now, as an insider in the Human Rights
sector, I believe that the current administration does not
have a clearly defined Human Rights agenda.
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