Democracy and Human Rights: The Nigerian Case
Democracy is strongly related to the values of the rule of law, respect for human rights, and inalienable rights of citizens living in a state. Human rights and fundamental freedoms are recognized, supported, and realized under democratic administration, enabling people to lead dignified lives. It means that those who make decisions that have an impact on their lives can be held accountable, based on norms and practices that are inclusive and fair that control social interactions. In true democracies, voters not only vote for their leaders, but also actively participate in the process of formulating policies. Thus, according to Okeke and Obiorah (2009), “democracy is meaningful to the extent that the people are integrated into the governing process and given a free hand in leadership recruitment, policy formulation, project design, and even implementation.” The Greek words “demos” and “kratos,” which translate to “people” and “government” or “rule,” respectively, are the etymological roots of the English word “democracy.” Okoye (1996) noted, however, that the etymological sense of democracy does not merely indicate “rule of the people.” The concept of democracy encompasses representative parliaments, the separation of powers, the rule of law, civil rights, and other liberally desirable characteristics. In any democratic society, human rights tenets are intertwined with the nation’s constitution. However, if a nation lacks excellent governance, it is nearly impossible to access these rights, and this has detrimental effects on other elements of governance as well. Democracy is the universal minimum for managing human affairs. It is only feasible when the people are made the alpha and omega in governing and when the material prerequisites for man’s self-fulfilment, actualization, and objectification are available. Genuine democracy requires basic social and economic rights for all citizens. Freedom of speech, of the press, and of association are just few of the civil and political liberties that must exist in a fully democratic political system. It responds to the preferences of politically equal citizens regardless of race, faith, or religion. Economic and social policies enacted under democratic rule are more likely to be responsive to citizens’ needs and aspirations, to work toward the elimination of poverty and the expansion of citizens’ opportunities, and to take into account the needs of future generations. Depending on the setting and the overarching purpose desired, it has been asserted that good governance encompasses full respect for human rights. Democratic governance creates and maintains an atmosphere for inclusive, responsive political processes and citizen rights (United Nations Commission for Human Rights, 2012). Human rights are rights and liberties that everyone is entitled to have, regardless of their religion, nationality, race, gender, language, national or ethnic origin, or any other position they may hold. These rights and liberties are fundamental in nature. It includes not only political and civil rights, such as the right to life, liberty, and freedom of expression, but also social, cultural, and economic rights, such as the ability to obtain an education, work, and vote. Since the idea of human rights is what democracy was built on in the first place, protecting such rights is an essential component of all genuine democracies. Many people believe that human rights are immutable and cannot be taken away (Enebe, 2008). They are the constitutional and legal protections that each citizen is guaranteed by the state and is free to exercise without fear of reprisal from either the state or their fellow citizens. They are the rights that cannot be said to have been given to man by man, but which he has earned by virtue of his being a human being, and which are essential to his ongoing happiness with himself, his fellow humans, and his ability to participate in a complex society (Kaluge, 2013). The approval of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948 laid the platform for today’s nation-states to enact human rights legislation. The Declaration outlines the rights necessary for meaningful political involvement; as a result, it has influenced the creation of constitutions all over the world and made a significant contribution to the recognition of democracy as a universal value. With each administration an underlying human rights question emerges, namely whether Nigeria had experienced true human rights; or if any administration had a made a conscious effort to ensure a democratic society. It is no secret that despite the end of military rule, a great deal of challenges still plagues the nation, including mismanagement of funds, corruption, tribalism, and ballot stuffing, all of which contribute to frustrate a democratic society. The Nigerian Constitution grants Nigerians many essential rights. The rules were also in accordance with international human rights agreements to improve democratic government in the country. Concerns have been made about how well successive governments, especially the current one, have implemented the requirements. Human rights protection entails a wide range of activities, including but not limited to: predicting potential problems and employing effective techniques and mechanisms to deal with them; delivering restitution, remedies, or sanctions in the event of a violation of a person’s rights; and preventing such violations from occurring in the first place. Despite the fact that previous presidents Olusegun Obasanjo, Musa Yardua, and Goodluck Jonathan all had chequered human rights records, the present administration has boosted hopes by emphasizing reform as a priority over the protection of Nigerians’ rights. Rule of law safeguards individual rights maintains order, and limits government power in a democracy. Nigeria is the opposite. Disregard for human rights. Extrajudicial death, wrongful detention, and other rights abuses persist. Ofoegbu (2013) highlighted extrajudicial murders and undue use of force by security forces, culpability for security agency abuses, arbitrary arrests, lengthy pre-trial imprisonment, judicial misconduct, and executive lawlessness among Nigeria’s most serious human rights challenges. In a manner reminiscent of the military interregnum, journalists are still harassed and imprisoned. Police brutality and wanton court order misuse threaten free speech. The Constitution’s right to life has been stripped from Nigerians, and Boko Haram and Fulani herdsmen commit pogroms and fratricidal atrocities every day. The continued Boko Haram insurgency in the North-east, communal violence between pastoralists and farmers, and separatist uprisings in the South defined Nigeria’s human rights situation in 2017. A March 26, 2018 US Government assessment labelled Nigeria a country with rampant corruption, impunity, and human rights violations. The protection and service of the public are two of the key goals of the Nigerian police force, but tragically, they have also been involved in a number of human rights abuses dating back to the military era. According to Amnesty International (2020), hundreds of people had died while being held by the police as of 2010. Ibrahim El Zakzaky, leader of the Nigerian Islamic Movement, was ordered released in December 2016, but the government hasn’t obliged (IMN). Zakzaky and his wife Zeenat, along with hundreds of IMN members, have been jailed without accusation or trial since December 2015. Many other instances of rights violations exist. Sahara Reporters reported on April 26, 2016, that human rights lawyer and activist Chief Femi Falana SAN had petitioned President Muhammadu Buhari to investigate deeds of reckless abandon and human rights violations perpetrated under his presidency, notably the targeted killings of alleged criminals by the security forces and the unjust killing of unarmed citizens, which include women and children.
Conclusion and Recommendations
In a democracy, human rights cannot be taken away because democratic governments exist to preserve the fundamental rights of the public for the good of the public. The significance of human rights is today emphasized by detailed sections in state constitutions. The Nigerian Constitution of 1999, as amended, guarantees Nigeria’s rights; yet the current government has yet to make any serious and deliberate effort to adhere to these provisions. Therefore, it is essential that the government take aggressive measures to educate the populace of their rights. It is imperative that the Nigerian government upholds and enforces the rule of law premise uniformly. Citizens should be well informed of their rights through education initiatives for citizens. It is also vital to retrain security personnel so that they always respect Nigerians’ rights. Finally, every police officer should have security footage installed, which records the officer while performing their duties, enables them to be watched, and helps reduce many illegal activities like bribery and extortion. When the cameras are on, the officer would not be as free to engage in such behaviour, and there would be fewer violations on the part of the officers.
References
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United Nations Commission for Human Rights (2012). Good governance and human rights. Retrieved February 19, 2014 from http://www.ohchr.org/.