Poverty: Legal and Constitutional Implications for Human Rights Enforcement in Nigeria
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POVERTY: LEGAL AND CONSTITUTIONAL IMPLICATIONS FOR HUMAN RIGHTS ENFORCEMENT IN NIGERIA INTRODUCTION 1. 0 ABSTRACT This work ventilates the problem of poverty in Nigeria, where over 70 percent of the population is living below the poverty line, and the theoretical and practical implications of this for the enforcement of the human rights of the poor, who are completely absorbed in the daily rigours of the struggle for survival in Nigeria. For this class of people, there is a lack of value for human life and dignity, which are the goals of international human rights; they lack access to the basic necessities of life, such as food, clothing, health, education, shelter, etc. They are also excluded and have no voice or power in their communities; they are oppressed, suffer high scale injustice and their rights are violated on a daily basis with impunity on grounds of being poor; worse still, the poor lack effective rights of access to justice. The above makes human rights grossly deficient for the poor, whose human rights have been turned into mere illusions and ‘empty’ rights, with the poor having no effective means of enjoying or protecting those rights. This work therefore examines whether human rights with all that it promises are really relevant in the life of the poor and whether mere constitutional provisions are sufficient to guarantee human rights in the face of illiteracy, ignorance and economic impediments of poverty. The different rights- based approaches to combating the scourge of poverty on the international plane are considered. This work also analyzes the ways by which the conditions of being poor have robbed the poor of their rights, and in a lucid manner elucidates the many perennial and monumental challenges confronting the poor in accessing justice, a situation which has made it difficult for the poor to escape from the clutches of poverty. This work firmly believes that if the poor can enjoy all their human rights without exception, they would be empowered to take charge of their lives and be lifted out of poverty. Towards this end, this work conceptualizes mechanisms by which the poor can have equal and effective rights of access to justice in order to claim their rights, demand accountability for actions or policies of government that affect their lives and bring violators of their rights to account. In the course of devising appropriate mechanisms for the poor, this work peruses the existing mechanism in place in Nigeria, finding it inadequate and/or unsuitable for the poor to enforce their rights as a result of its inability to effectively protect their rights. This work also brings to the front burner the necessity of making social, economic and cultural rights (hereinafter called ‘ESC rights’) justiciable in Nigeria on the basis of interrelatedness of rights, the high level of poverty in Nigeria and in contrast to the issue of the resource dilemma. Also, the need to legally empower the poor as a reinforcement of their human rights is discussed. The obligations of Nigeria on international instruments ratified or acceded to are meticulously analyzed. The knowledge provided by this work and its findings have been articulated and set out herein, with suggestions calling for a shift from the current practice and trends which inhibit the enforcement of rights of the poor, to legal and institutional reforms, in order to make human rights a reality for all in Nigeria. This work comprises six chapters. The first deals with the introduction to this work, the challenge of global poverty, and the meaning and measurement of poverty. It also examines the global response to the scourge of poverty by looking at the various rights- based approaches to dealing with the issue of poverty and the main human rights content of these approaches, as their nexus for consideration in this work. The second chapter discusses the problem of poverty in Nigeria, looking at the depth and indices of poverty in the country. The causes of poverty, especially as peculiar to Nigeria are discussed among other matters. The chapter also looks at government efforts to deal with the problem of poverty in Nigeria, the adequacy or otherwise of such efforts and the implications of poverty for the rights of the poor. The third chapter dwells on the constitutional framework for fundamental rights enforcement in Nigeria, and examines various components of this, such as the legal mechanism for enforcement under the Fundamental Rights Enforcement Rules, and the procedure for legal redress. The chapter also examines the challenges militating against the enforcement of the rights of the poor. The chapter further looks at the content of the right of access to justice under international law and the existing mechanisms designed to ease access to justice for the poor in Nigeria. Chapter four conceptualizes the right of equal and effective access to justice by the poor, by carefully examining the public interest litigation model in India and proposes this for adoption in Nigeria, to enable the poor to have effective access to justice. The chapter also examines alternative dispute resolution as a means of providing cheap, flexible and effective access to justice for the poor and as a means to provide choice for the poor. This chapter further examines the content of human rights education and the need for aggressive and sustained human rights education in Nigeria in order to raise and develop human rights consciousness in Nigeria, which knowledge the poor can use to empower and lift themselves out of poverty. The chapter finally examines the need for judicial sector reforms in view of the excruciatingly slow pace of justice in Nigeria. Chapter five deals with the interrelatedness and the indivisibility of human rights, and justiciability of ESC rights in Nigeria. The chapter further examines the legal status of ESC rights in Nigeria’s domestic legal order, Nigeria’s obligations under international human rights instruments, especially on domestication and implementation of the provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR). The desirability of having a more cohesive means of securing States’ obligations on international human rights instruments they are parties to at the national level, are canvassed and discussed. 2 The sixth chapter contains the main contributions of this research to legal knowledge, by way of summary of the essential contributions, some of which have been incorporated into or alluded to in the main body of this work, reflections on this work, projection into the future and general concluding remarks. 2.0 BASIC AIMS OF THE RESEARCH The basic aims of this work are, to highlight the practical and theoretical limitations encountered by the poor in protecting and enforcing their human rights, bearing in mind that the ability of individuals to maintain their dignity and attain their full potential depends on how effectively their rights are protected, and violations can be redressed. Towards this end this work sets out to do the following: -Examine the problem of poverty in Nigeria and seriatim see how this impacts negatively on human rights enforcement. -Incisively analyze the question posed by this work, including new initiatives aimed at the enforcement of the human rights of the poor. -Arrive at a well-founded knowledge base to effectively insulate the human rights of the poor from violations, and to articulate ways of ensuring the efficient protection and enforcement of rights for the poor in Nigeria, as a way to empower them and enable them to break the cycle of poverty. 3.0 IMPORTANCE AND DESIRABILITY OF THE RESEARCH The practical and theoretical problems confronting the poor in Nigeria in terms of protection and enforcement of their human rights have not been addressed head on and in a holistic manner, such that the poor still groan under systemic rights violations, exploitation, social exclusion and dislocation and legal norms and institutions are in most cases not accessible to the poor, without any effective legal remedy or means of accessing justice, thus making human rights hollow and meaningless to the poor.1 The different works consulted during the literature review reveal that consideration of the issue on poverty and human rights has been addressed from various perspectives, but not in the context and dimension of a human rights-based access to justice approach as explored in this work. Also, most authors have approached the issue either from a development-based approach or generally, paying scant attention to the human rights 1 See Hon. Justice Chukwudifu Akune Oputa (1989), Human Rights in the Political and Legal Culture of Nigeria, Nigerian Law Publications Ltd., p. 50, making reference to the dictum of Diplock, L.J. in Jaundoo v. Attorney-General of Guyana 1971 AC (PC) 972 at p. 978, where he stated that these sacred pledges and sublime commitments to the ideals of fundamental rights contained in the Nigerian Constitution, will have a hollow ring unless the fundamental rights which they bestow upon every citizen are buttressed by an efficient legal remedy. 3 implications of poverty. In addition, some authors have considered the issue based on the need for justification of implementing ESC rights, while others consider poverty and human rights in a context which is similar but different in scope as addressed in this work. The research questions posed by this work have not been specifically addressed in Nigeria, while those similar to this work have not sufficiently incorporated the different perspectives of the area investigated by this research. More so, works which are relevant and important for better understanding of the subject area have been overlooked. The desirability of investigating a well-founded means of empowering the poor, articulating an effective insulation of their rights and enforcement of the same, towards making human rights - which is an essential element for poverty reduction - a reality for all, makes this work worthwhile.