DEPARTMENT OF POLITICAL SCIENCE SCHOOL OF ARTS AND SOCIAL SCIENCES FEDERAL COLLEGE OF EDUCATION ZARIA

SUMMARY LECTURE NOTES FOR POL 215

HUMAN RIGHTS EDUCATION

2011/2012 ACADEMIC SESSION

Ghazzali M. S.

CONCEPT OF HUMAN RIGHTS The notion of Human rights or Rights of man first found expression in the writings of Hobbes, Locke, Rousseau, among others. John Locke had argued that all individuals are endowed by nature with certain rights, chief among which are the right to life, liberty, and freedom from arbitrary rule and property. What then are Human rights? Human rights have been defined as moral rights which every human being everywhere, at all times ought to have simply because he is rational and moral in contradiction with other beings. According to Wikipedia (2012), Human rights are commonly understood as "inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being". Human Rights can be described as laws and practices that have over the centuries to protect ordinary people, minorities, groups and races from oppressive rulers and governments (Humana, 1983). According to Oyeleye (2005), Human Rights are social conditions considered basic, vital and favourable for the realization of an individual human nature. Human rights therefore, are the sum total of legal rights, claims or entitlements recognized by the law and secured by the coercive agents of the state for its citizens. In other words, Human Rights are conceived as universal and egalitarian. It is important to note that, while civil, political, social and economic rights are dependent on the individuals status as a citizen of a particular state, Human Rights are not determined by this condition. Thus, Human rights are international norms that help to protect all Human beings everywhere from severe and arbitrary political, legal, and social abuse. Examples of Human Rights include among others: Right to life
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 Right to dignity of human person Right to personal liberty Right to private and family life Right to fair hearing Right to freedom of movement Right to freedom from discrimination on the ground of sex, race or tribe, political opinion and association Right to freedom of thought, conscience and religion Right to freedom of expression and the press Right to acquire and own immovable property anywhere in Nigeria Etc These Rights exist in morality and in law at the national, regional and international levels. They are addressed primarily to the governments, requiring compliance and enforcement. The main sources of the contemporary conception of Human Rights are the Universal Declaration of Human Rights (UDHR) by United Nation in 1948.

HUMAN RIGHTS IN THE NIGERIAN CONSTITUTION Section 33-34 enumerates fundamental rights of Nigerians to include the following: 1. Right to life (S.33): Everyone has an inviolable right to life. No one may be deprived of life except for the defense of any person or property, or in order to effect a lawful arrest or in the course of suppression of riot, mutiny or insurrection. Where any persons life is unlawfully taken, it is extra judicial

killing. The culprit must be prosecuted while the surviving victims are entitled to apology and compensation. 2. Right to dignity of human person (S.34): Every person is entitled to the dignity his/her person and no one shall be subjected to torture, inhuman or degrading treatment. Flogging or beating of any person by another for any reason is unconstitutional. Any form of torture by any means is unlawful. Under this section of the constitution, no one shall be held in slavery or servitude nor shall anyone be required to perform forced or compulsory labour. The only exception is in circumstances allowed by the constitution. 3. Right to personal liberty (S.35): Every person is entitled to personal liberty. A person may only be deprived of his/her liberty in execution of a court sentence for a criminal offence for which he/she has been tried and convicted. No person below the age of 18 shall be detained in prison custody. 4. Right to fair hearing (S.36): In the determination of any persons civil rights and obligations against any person, government or authority, he/she is entitled to a fair hearing within a reasonable time by a court established by law and constituted in a manner to secure its independence and impartiality. 5. Right to private and family life (S. 37): Citizens have right to privacy of themselves, their homes, correspondence, telephone and telegraphic communications. A violation of this rights amounts to invasion of privacy. Remedies can be pursued either in the courts or through the National Human Rights Commission. 6. Right to freedom of thought, conscience and religion (S.38): Every person is entitled to freedom of thought, conscience and religion including to
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change his/hers belief or religion. You can exercise this freedom either alone or in community with others in private or in public. No person attending an educational institution shall be required to take religious instructions, take part in or attend religious ceremonies or observation of a religion not his own. Religious organisations are entitled to provide instructions for their pupils/students. However, there is no right to form or take part in the activities of a secret society or cult. 7. Right to freedom of Expression (S.39): Right to freedom of expression and the press is very fundamental to the sustenance of democracy. Everyone is entitled to hold opinions and receive and impart ideas and information without interference. You can own, establish and operate newspapers, radio or television stations for the dissemination of information, ideas and opinions. This must however be done with respect to the reputation of others and the law against libel and defamation. 8. Right to peaceful assembly and association (S.40): Everyone has the right to peaceful assembly and association. You can assemble freely and associate with others. You may form or belong to a political party, trade union or any other association for the protection of your interests. Again, this does not give the right to form, belong to and or participate in a secret society or cult.

9. Right to freedom of movement (S.41): Everyone has the right to freedom of movement throughout Nigeria and to reside in any part of the country. No citizen of Nigeria shall be expelled or refused entry or exit from the country. A few exceptions must be observed so that the privacy of person or property of others is not violated.
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10. Right to freedom from discrimination (S.42): No citizen of Nigeria shall be discriminated against on the basis of his community, ethnic group, State of origin, sex, religion or political opinion. No one shall be subjected to any disability on any or a combination of these factors. 11. Right to acquire and own immovable property anywhere in Nigeria (S.43): Citizens of Nigerian have the right to acquire and own immovable property in any part of Nigeria. This right is absent from the 1979 Constitution. This will enhance unity and cohesion of the country. FEATURES OF HUMAN RIGHTS Human Rights are products of human nature, i.e. All men are born with certain rights. State does not create rights, but it simply maintains and coordinates those rights by giving it legal sanction and backing. They are socially and naturally recognized aiming at the good of all, and have a social and moral end to serve. They are inalienable; meaning every person is inherently entitled to it simply because she or he is a human being. They are indivisible, interrelated and interdependent; meaning the improvement of one right facilitates advancement of the others and likewise, the deprivation of one right adversely affects the others. CLASSIFICATION OF HUMAN RIGHTS According to Gauba (2009), Human Rights fall into two general classes:

(1) Negative Rights suggests the sphere where the state is not permitted to enter. In other words, Negative Rights suggest the jurisdiction of freedom which shall not be encroached upon or amended by the state. Thus, Right to life, liberty, security of the person, recognition as a person before the law, equal protection of the law, remedy for violation of rights, fair and public trial, marriage, property and participation in cultural life; Right to free of movement and residence; thought, conscience and religion; opinion and expression; peaceful assembly and association, and of parents to choose their children's education; Right to freedom from slavery or servitude, torture, degrading or inhuman treatment or punishment; arbitrary arrest or detention or exile; arbitrary interference with privacy or family, home or correspondence; deprivation of nationality, arbitrary deprivation of property, and being compelled to join an association, etc

(2) Positive Rights on the other hand, prescribed the responsibility of the state in securing rights of individual. In other words, Positive Rights are series of duties that government has pledged to perform for its citizens. The State is required to take positive measures for the protection of Rights of workers and the vulnerable. Positive Rights indicate steps taken by the state to improve the life of the citizens and to help them in their self development e.g Right to medical care, Right to legal aid, social security; work and free choice of employment; just and favorable conditions of work; protection against unemployment; equal pay for equal work; just and favorable remuneration; adequate standard of living; special care and assistance for motherhood and childhood; education (including free education in elementary and fundamental stages); protection of the family, and the

assurance of an individual and their family an existence worthy of human dignity etc It is pertinent to note that, Capitalist States emphasises Negative Rights, while Socialist States emphasises Positive Rights. A welfare state aims at converting negative Right with positive Right as far as feasible. REASONS WHY HUMAN RIGHTS ARE ENTRENCHED IN THE CONSTITUTION Human Rights are entrenched in any constitution in order to: 1. Promote and guarantee peace, security and good governance. 2. Guide the conduct or behaviour of people both in private and public places 3. Curb the excesses of individuals, organizations and even governments from arbitrary use of power. 4. Afford the individuals the opportunity of acting reasonably within the limits of the law. 5. Reduce the rate at which crimes are perpetuated in the society. 6. Promote stability and cohesion in the society. 7. Check-mate the occurrences of social vices in the society such as kidnapping, rape, hooliganism and so on. 8. Reduce and possibly eliminate mans injustice to man.

MEASURES FOR SAFEGUARDING HUMAN RIGHTS 1. CONSTITUTION: Human rights should be entrenched in the constitution and the Constitution should be rigid and written in nature. This will make it difficult for these rights to be altered and violated at any will. Furthermore, individual(s) whose Rights are violated can contest such violation in a court of law. 2. AN INDEPENDENT JUDICIARY: For Human rights to be safeguarded in social formation there must be an independent judiciary capable of delivering fair and unbiased judgment in all cases involving human Rights without fear or favour.

3. ADHERENCE TO PRINCIPLES OF CHECKS AND BALANCES AMONG VARIOUS ARMS OF GOVERNMENT: There should be adequate checks and balances among various arms of government. This entails the separation of governmental powers. The arms of government which make laws should not be the arm to interpret the laws or even enforce it. 4. FREEDOM OF THE PRESS: For Human Rights to be safeguarded, the state must uphold the freedom of the press, so that the press will fearlessly promote and safeguard the Rights of citizens and as well expose all cases of violation of Human Rights, especially those involving the weak and the poor. 5. HEALTHY, SOUND AND BUOYANT ECONOMY:

Healthy and Buoyancy of economic system is a vital instrument for safeguarding Human Rights in social formations (state). This will ensure citizens rights to social security; work and free choice of employment; just and favorable conditions of work; protection against unemployment; equal pay for equal work; just and favorable remuneration (and that is supplemented if necessary); adequate standard of living etc 6. INTERNATIONAL ORGANISATIONS, PRESSURE AND OPINION GROUPS International organizations, pressure and opinion groups are also vital instruments for safeguarding Human Rights. For example, sanctions and expulsion from membership of international organizations such as the UN, ECOWAS, AU, etc could gear up government(s) to respect their citizens fundamental Rights. Articulated public opinion, backed by consistent pressure by groups, can help to safeguard fundamental Human Rights. 7. SOUND AND FREE EDUCATIONAL SYSTEM Sound and free educational system is also another instrument for safeguarding Human Rights. The citizenry need basic education in order to identify their rights and to challenge any form of violation of such rights.

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FACTORS/CONDITIONS THAT MAY LEAD TO DENIAL OF CITIZENS FUNDAMENTAL HUMAN RIGHTS 1. All rights enjoyed, are subject to the existing laws of the land. Any person who violates the law may suffer some derivation of his/her freedom of movement and freedom of association. 2. During a political crisis or a war, government may proclaim a state of emergency which will curtail citizens freedom of movement and expression. In event of war, government may be compelled to conscript people into the army. 3. Declaration of dusk to dawn curfew in times of crisis is another condition that may limit the Rights of citizens especially, freedom of movement. 4. A citizen may be denied his rights to life if he is condemned to death as a result of murder, armed robbery etc. 5. The police in the interest of peace and order can ban public assemblies, processions and demonstrations which leads to denial of citizens their Rights to assembly and association. 6. Certain rights are difficult to guarantee during an economic depression. Economic depression makes the government less able to expand industrial and educational establishments; thus leading to denial of citizens right to economic empowerment and decent livelihood. 7. In order to effect the sentence or order of a court, citizens can be subjected to compulsory labour which negate the right to dignity of human person. 8. In order to effect a lawful arrest or prevent the escape of a person lawfully detained, citizens can be denied of their Right to life.

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HUMAN RIGHTS AND DUTIES Rights and duties are likes demands and supplies. Citizens that enjoy rights are bound to have duties. What is Right in regard to ones self is a duty in regard to other. In fact, they are two sides of the same coin. If one looks at them from ones own point, they are rights and if one also looks at them from the standpoint of others, they are duties. When human rights are erected on moral foundation they are essentially accompanied by duties. Laski carefully points to their correlation. He states: The possession of rights does not mean the possession of claims that are empty of all duties.. our rights are not independent of society, but inherent in it. To provide for me the conditions which enable me to be my best self is to oblige me, at the same time, to seek to be my best self. To protect me against attack from others is to imply that I myself will desist from attacking others. (A Grammar of Politics: 1938). What then is a Duty? A duty is an obligation. A man is said to have a duty in any matter when he is under obligation to do or not do something. A Duty is something we owe to others as social beings. My right of living involves my duty to my fellow-men to allow them the same condition of life. Rights are, therefore, correlative with duties. Man is entitled to rights to enable him to make his contribution to the social good. The concept of Rights postulates that the state as well as the individual shall pursue the ideal objects of society. Accordingly, the duty of the individual is co-extensive with the duty of the state. If the state fails in its duty, it is the duty of the individual to resist the state. As Laski elucidated:

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My duty..to the state is, above all, my duty to the ideal the actual state must seek to serve. There are, then, circumstances in which resistance to the state becomes an obligation if claims to right are to be given validity (Ibid).

CLASSIFICATION OF DUTIES According to Kapur (2008), Duties can be classified into: 1- Positive Duties: when a citizen exercises his rights in such a way as to maximize social Progress and welfare, he performs a positive duty. Examples of positive duty are: obedience to the laws of the State, defense of the country, helping the State in maintaining law and order, payment taxes and local rents, etc. Positive duties aim at cooperation with government in realizing the end of the state. 2Negative Duties: A Negative Duty implies obedience to donts as

prescribed by constitution. When a citizen does not do anything which the law prohibits, he performs a negative duty. DUTIES AND OR OBLIGATIONS OF A CITIZEN The following are some of the duties and responsibilities of citizens to their country. 1. Citizens are expected to be law-abiding. They can do this by obeying the laws of the State. This will help to maintain law and order in the State. 2. Loyalty to the country is one of the duties expected of the citizens of the nations.

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3. It is their duty to report criminals to the police and other law enforcement agencies. 4. Citizens should also avoid dragging the image of their country into the mud. 5. Citizens are expected to be proud of their country and should also improve the international image or prestige of the country. 6. Citizens could be called upon at any time particularly at the time of crisis to defend their country against internal or external enemies. 7. In order to efficiently and effectively discharge its functions properly, states require huge amount of money; thus it is the duty of every citizen to pay taxes. THEORIES OF HUMAN RIGHTS If Human Rights are taken, viewed, or defined as a means of protecting individual from atrocities of arbitrary power, there is hardly any dispute about their status. But if they are viewed as a tool in the hands of individual to safeguard his selfinterest against the claims of the state and society, there are likely to receive different treatment from different schools of thoughts. These divergent views regarding the nature and status of Human Rights may be termed THEORIES OF HUMAN RIGHTS. In other words, theories of Human Rights simply concern itself with the divergent views regarding the nature and status of Human Rights as a tool in the hands of the individual to safeguard his self-interest against the claims of the State, not as a means of protecting the individual from atrocities of arbitrary power. Of these, Liberal, Marxist and Feminist theories are most relevant. LIBERAL THEORY: Liberal Theory of Human Rights expounded by John Locke (1632-1704) focuses on rights of individual against the state. His theory of rights deals with possible conflict between individual and the State. He postulates
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that the State is a trust for the protection of their natural Rights to life, and property. He maintained that if the State fails in this duty, individuals can resist it. If it still fails they can dissolve it. MARXIST THEORY: Marxist theory of Human Rights as expounded by Karl Max (1818-1883) and V. I. Lennin (1970-1924) holds that the rights maintained by any society are rights of its ruling class or dominant class at the expense of the dependent class. So the capitalist society protects the Rights and the interests of capitalists at the expense of the working class. They maintained that, workers will have to overthrow capitalists and socialize the major means of production in order to create a new order that would protect the rights and interests of the working class. FEMINIST THEORY: Feminist theory as represented by Shulamith Firestone (1945) and Sheila R (1943) among others, insists on restoring the rights of women in a male dominated society. This theory seeks to transform the prevalent system of rights which has been responsible for the subordination of women to men in all ages.

HUMAN RIGHTS SITUATION IN NIGERIA Nigerias human rights record remains poor and government officials at all levels continue to commit serious Human Rights abuses. According to the U.S Department of state, the most significant human rights problems in Nigeria are: extrajudicial killings and use of excessive force by security forces: impunity for abuses by security forces: arbitrary arrests; prolong pretrial detention: judicial corruption and executive influence on the judiciary: rape; torture and other cruel, inhuman or degrading treatment of prisoners, detainees and suspects; harsh and
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life-threatening prison and detention center conditions: human trafficking for the purpose of prostitution and forced labour; societal violence and vigilante killings: child labor, child abuse and child sexual exploitation; female genital mutilation (FGM); domestic violence; discrimination based on sex, ethnicity, region and religion; restrictions on freedom of assembly, movement, press, speech and religion, infringement of privacy rights and the abridgement of the right of citizens to change the government. NATIONAL HUMAN RIGHTS COMMISSION The National Human Rights Commission was established by the National Human Rights Commission Act, 1995, in line with the United Nations General Assembly Resolution No: 48/134 of 20th December 1993, which enjoined all member States to establish National Human Rights Institutions relative to their environment. The Act empowers the Commission to deal with Human rights issues taking into consideration the provision of the Constitution of the Federal Republic of Nigeria, African Charter on Human and Peoples Rights. Universal Declaration on Human Rights and all other International Human Right instruments, to which Nigeria is a signatory. The commission is not a substitute or rival to law courts. Its targets the poor and vulnerable and other victims of Human Rights abuses and violations, by offering services which are free, non-technical, less time consuming and more accessible to the public. FUNCTIONS AND POWERS OF NATIONAL HUMAN RIGHTS COMMISSION The functions of the commission are set out under sections 5 of the enabling Act, and it provides that the Commission shall.
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Deal with all matters relating to the protection of Human Rights as guaranteed by the constitution of Federal Republic of Nigeria, the African Charter, the United Nations Charter and the Universal Declaration on Human rights and other international treaties on Human rights to which Nigeria is a signatory. Monitor and investigate all alleged cases of Human Rights violations in Nigeria and make appropriate recommendations to the Federal Government for persecution and such other actions as it may deem expedient in each circumstance. Assist victims of Human Rights violations and seek appropriate redress and remedies on their behalf. Undertake studies on all matters relating to Human Rights and assist the Federal government in formulating appropriate policies that would guarantee citizens Human rights. Publish regularly, reports on the state of Human Rights protection in Nigeria. Organize local and international seminars, workshops and conferences on Human Rights issues for public enlightenment. Liaise and cooperate with local and international organizations on Human Rights for the purpose of advancement, promotion and protection of Human rights Participate in all international activities relating to the Promotion and protection of Human rights. PROBLEMS CONFRONTING NATIONAL HUMAN RIGHTS

COMMISSION Corruption
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Tribalism, Nepotism and favouritism Bureaucratic bottlenecks Political interference Inadequate budgetary allocation Inadequate skilled manpower

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REFERENCES Anyale J.U (2003): Comprehensive Government for Senior Secondary Schools. A Johnson Publishers Ltd, Lagos Nigeria (New Edition). Humana, C. 1983. World Human Rights Guide. London: Hutchinson. Ibrahim A.A (2000): Islam and Human Rights Paper Presented in Honour of Yunus Ustaz Usman (SAN), in A Publication of Students Human Rights Club in A.B.U Zaria. Idowu A.A (2008): Human Rights, Democracy and Development. The Nigerian Experience Paper Presented in Research Journal of International Studies Issue 8. (November, 2008) Idowu I.A (2008): Human Rights, Democracy and Human Rights Promotion and Protection for Effective Discharge of Governments Human Rights Obligations, Paper Presented in Honour of Hon. Justice Muhammad L. Uwais (FCJN) Organized by Department of Public Law, Faculty of Law, A.B.U Zaria. Johari J.C (2007): Principles of Modern Political Science Sterling Publisher Ltd, New Delhi, India. Journal of Human Rights; Democracy and Good Governance. A Publication of Students Human Rights Clubs A.B.U. Zaria Vol II. IV 2010. Kapur A.C (2008): Principles of Political Science Ratgenta REvindra Printers Ltd, New Delhi, India. Ladan M.T (ed) (2007), Law Human Rights and the Administration of Justice in Nigeria. Essays in Honours of Hon. Justice Muhammad Lawal Uwais, ABU Press, Zaria Kaduna Nig. Lasak K. for the Third Generation of Human Rights in Idowu A.A. (2008). Ojo E.O (2002): The rights of the Citizens in the 21st Century Nigeria: A Comment Paper Presented to the National Conference on the Theme the Nigerian Citizen in the 21st Century Organized by the National Association of Social Science Education, University of Ilorin Nigeria. Ojo E.O. (2006): Human rights and Sustainable Democracy in Nigeria (19992003): Paper Presented at International Conference. Oyeleye O. (etal) (2005). New Approach Government Longman Nigeria Plc Lagos Nigeria.
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Sohn I. Protection of individuals in Idowu A.A (2008): Human Rights: Democracy and Development: The Nigerian Experience Ibid. Tabiu M. (2001): Strengthening the National Human Rights Commission. In Paper Presented in Honour of Hon. Justice Muhammed L. Uwais, Organized by Department of Public Law, Faculty of Law ABU Zaria.

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