A Dissertation

entitled

Capability, Social and Education in the Niger Delta

by

Imoh Colins Edozie

Submitted to the Graduate Faculty as partial fulfillment of the requirements for the

Doctor of Degree in Educational Theory and Social Foundations

______Dale Snauwaert, PhD, Committee Chair

______Lynne Hamer, PhD, Committee Member

______Noela Haughton, PhD, Committee Member

______Fuad Al-Daraweesh, PhD, Committee Member

______Cyndee Gruden, PhD, Dean College of Graduate Studies

The University of Toledo

May 2019

Copyright 2019, Imoh Colins Edozie

This document is copyrighted material. Under copyright law, no parts of this document may be reproduced without the expressed permission of the author.

An Abstract of

Capability, and Education in the Niger Delta

by

Imoh Colins Edozie

Submitted to the Graduate Faculty as partial fulfillment of the requirements for the Doctor of Philosophy Degree in Educational Theory and Social Foundations

The University of Toledo May 2019

The main purpose of this dissertation is to analyze the complex developmental and conflict prevention challenges in the Niger Delta area of Nigeria as well as the role education can play in the pursuit of justice in that context from within the theoretical framework of Amartya Sen’s capability approach to justice. The capability approach to justice is grounded in the idea of the realization of a conception of the good conceived as a substantive freedom, as a combination of the development of internal capacity with the provision of substantive social opportunities for people to do and be what they have reason to value. It is argued that the capabilities approach is the most appropriate theoretical framework for articulating the diagnosis and remedies of injustice in the context of the Niger Delta as compared to Rawlsian and Utilitarian theories of justice.

The evaluative standard employed in the analysis is how well a theoretical framework of justice diagnoses and addresses the resource conversion problem, the problem of differential resource conversion which undermines human well-being, is at the core of the

Niger Delta’s developmental challenges. Furthermore, it is argued that a capability-based educational approach, aligned with progressive and social reconstructive philosophical

iii principles, has the potential to empower the people to pursue social justice in the Niger

Delta through the facilitation of public reasoning and deliberation.

Keywords: Niger Delta, capability approach, resource conversion, distributive justice, social justice, public reasoning, education and peace education, , justice as fairness, , Amartya Sen

iv

This work is dedicated to the loving memory of Mazi Godwin Ekekwe Imoh

And

To the Godhead, the source of all inspiration

v Acknowledgement

Life is a rite of passage and a journey of discovery. The search for knowledge can be facilitated by an open mind. At the end of a journey is actually the beginning of another journey; however, it is always good to acknowledge those who facilitated the journey. In the summer of 2007, I met Dr. Dale Snauwaert at the University of Haifa, Israel during the

International Institute for Peace Education (IIPE). It was an encounter that culminated in this work. I wish to express my profound gratitude and appreciation to Dr. Dale Snauwaert for being a colleague, a mentor, and most importantly a teacher. Learning under Dr. Dale

Snauwaert is an inspiration, his patience is legendary, and his ability to make complicated things simple is awesome. Working on this dissertation was a challenge, but as the day progresses, it became a joy. Thank you, Dr. Dale Snauwaert, for your guidance.

I thank my mentors Prof Uwazie Ernest for opening doors for me as well as Dr.

Jayne Docherty, for painstaking working with me to get the ideas and attitude right. The countless twice a month check-in calls to discuss the dissertation and the frustration of living in the USA and adapting to the reality of life. Thank you for having a listening ear.

Most times what people need is just a listening ear, somebody to just listen. Thank you for your support and solidarity. Working as President and then Co-Advisor for Golden Key

Honour Society, I met Dr. Gray Temeaka, her encouragement and offer to read my work and give corrections is very much appreciated. I can recall many occasions when at relatively short notice, I call to make a request; she already indulged and obliged me. Thank you very much. Thank you, Adaku Juliet, for journeying with me; I can say that our almost daily talk was quite helpful. It is always nice to have somebody to vent to, thank you for

vi having the patience to listen to all my frustrations, pains, and agony. The journey to the

Ph.D. is never always fun!

I thank members of my committee; Dr. Lynne Hammer, Dr. Noela Haughton, Dr.

Fuad Al-Daraweesh and Dr. Dale Snauwaert for providing the guidance and support throughout the process.

I thank my family for their love and support. This period of study outside the country can be a source of stress and confusion. Thank you Afua, Chinua, and Chizorom for your love, understanding, and patience. Thanks to my siblings, my mum, and to my friends. I hope the attainment of this degree can be a source of joy for everybody. Finally, to my dad, If I know you will die during the course of my Ph.D., I will instead have remained behind and shared the last moments with you. I love you and will always miss you, dad! Rest in Peace!

Thank you to Clayton of the UT writing center, he went out of the call of duty to assist. To my friends who journeyed with me, some reading and editing my work to make it better. Others played all kinds of supportive roles. I say thank you to Lynne, Motunrayo,

Dave, Tony, Adrian, Patrick, Chris, Abolade, Zach, Mohamed, Bisola, Madu, Ifeanyi, and

Emeka. Thank you for your support and Solidarity.

vii Table of Contents An Abstract of ...... iii

Acknowledgements ...... vi

List of Tables ...... xiii

List of Figures ...... xiv

I. Introduction ...... 1

A. General Problem Statement ...... 10

B. Research Problem ...... 12

C. Research Purpose ...... 12

D. Research Questions ...... 12

E. Research Significance ...... 13

F. Research Methodology ...... 14

G. Brief Outline of the Dissertation ...... 14

a. Chapter 1: Introduction...... 15

b. Chapter 2: Literature Review...... 15

c. Chapter 3: Capabilities Theory of Justice as a Compelling Theoretical

Framework...... 15

d. Chapter 4: Role of Education in the Pursuit of Justice...... 16

e. Chapter 5: Conclusion...... 16

II. Literature Review...... 17

A. Introduction: Niger Delta, Peace, Violence and Social Justice ...... 17

B. Niger Delta, Peace, Violence and Social Justice ...... 20

C. Theories of Justice, Social Justice ...... 22

a. Impartiality and Reciprocity as a Foundation ...... 22

viii D. Distributive Justice...... 24

E. Utilitarianism ...... 26

a. Act and Rule Utilitarianism...... 27

F. Theory of Justice ...... 29

a. Categorical Imperative - Kantian Moral Philosophy ...... 29

b. John Rawls’ Theory of Justice as Fairness...... 31

G. Capability Approach ...... 32

a. Capability Methodological Approach...... 35

b. Applications of the Capability Approach...... 37

c. Other Applications of the Capability Approach...... 40

H. Summary of Theories of Justice and Social Justice ...... 43

I. Education, Peace Education and Social Foundations of Education ...... 45

a. Social Foundation of Education...... 45

b. Peace Education...... 53

c. Education and the Capability Approach...... 55

J. Conclusion: Interrelationship between the FES, Capability,

Social Justice and Niger Delta ...... 56

III. Capabilities Theory of Justice as a Theoretical Framework for the Niger

Delta Situation ...... 61

A. Resource Conversion Problem ...... 61

B. Evidence of Resource Problem ...... 62

C. Structure of Chapter ...... 65

D. Capability Theory Applicability in the Niger Delta ...... 66

ix E. Deontological and Teleological Philosophical Perspective ...... 69

a. Deontological Framework...... 70

b. Teleological Framework...... 71

F. Rawls’s Theory of Justice as Fairness ...... 73

a. Rawls’s Principles of Justice...... 74

b. Critique of Rawls’ Justice as Fairness...... 81

c. Conclusion applicability of Justice as Fairness in the Niger Delta ..... 92

G. Utilitarianism ...... 94

a. Utilitarianism and the Conversion Problem in the Niger Delta ...... 95

b. Conclusion on Utilitarianism and the Conversion Problem ...... 100

H. Capability Approach Theory of Justice ...... 101

a. Differences between the Rawls Theory of Justice and the Capability

Approach ...... 110

b. Capability Approach as an Appropriate Framework For Conversion

Problem ...... 114

I. Appropriate Applications of Capability Approach Framework in the Niger

Delta ...... 125

a. Critique of Utilitarianism ...... 126

b. People First, Public Deliberation and Public Reason ...... 127

c. Niger Delta and Social Connections ...... 133

d. Evaluation and Assessment Tool...... 137

e. Resources, Conversion, and Utility...... 139

J. Conclusion on the Capability Approach’s Applicability to the Niger Delta 141

x IV. Capability, Social Justice and Education in the Niger Delta ...... 143

A. Introduction and Background ...... 143

a. Importance of education in Building Capabilities ...... 145

b. Education in the ND...... 147

c. ND as Educationally Disadvantaged States and Capability ...... 147

d. Convention on the Rights of the Child (CRC) and Education ...... 150

B. Capability Approach and Education ...... 152

C. Development, Education and Capability ...... 157

a. Agency and Educational Capability...... 160

D. Section 1: Three Perspectives On Education ...... 162

a. Human Capital Theory of Education ...... 162

b. Approach to Education ...... 165

c. Capability Approach to Education ...... 167

d. Summary of Three Perspectives On Education ...... 174

E. Section 2: Education, Social Constructivism and Progressive Paradigm ..... 176

a. Social reconstruction ...... 178

b. Summary of Social Reconstruction Education ...... 185

c. Progressive Education ...... 186

d. Summary of Progressive Education ...... 190

e. Conclusion...... 191

F. Section 3: Synthesis of Argument...... 193

a. Peace education ...... 193

xi b. Integrating Peace Education into Capability Inspired Social

Reconstructionist and Progressive Education ...... 200

c. Conclusion ...... 203

G. Education as a Tool for Public Reasoning and Deliberation ...... 204

H. Conclusion ...... 209

V. Conclusion ...... 214

A. Overview of Study & Summary of the Main Argument...... 214

a. Niger Delta ...... 215

b. Rawlsian, Utilitarian and Capability Theories ...... 216

c. Role of Education ...... 218

d. Progressive, Social Reconstructive and Peace Education ...... 219

B. Reflection on Finding and Implications of Result ...... 220

C. Limitations and Delimitations...... 224

D. Recommendation for Future Research...... 225

E. Concluding Remarks ...... 225

References ...... 227

xii List of Tables

Table 1 Enrollment & Completion Rates for JS and SS Students in ND...... 147

Table 2 Pass Rates for Selected States in the ND...... 148

Table 3 Out-Of-School Children in States in the ND...... 149

xiii List of Figures

Figure 1 Analytical framework of the capability approach; the relationship between

resources, capabilities and functionings...... 119

Figure 2 Stylized non-dynamic representation of person's capability set, social and

personal context...... 132

Figure 3 Illustration of the relationships between resources and utility...... 137

Figure 4 School in ND picture courtesy of Cletus Ukpong...... 146

Figure 5 Relationship between Knowledge, Skills, and Attitude in Peace Education .197

Figure 6 Culture of Peace: Dimensions and Operative Values ...... 198

xiv Chapter One

Introduction

The complex conflict and developmental challenge in the Niger Delta area of

Nigeria is the focus of this dissertation. The purpose is to analyze the situation as well as the role education can play in the pursuit of social justice. The Rawlsian and Utilitarian theories of justice was compared to the theoretical framework of Amartya Sen’s capability approach to justice. It is argued that the capabilities approach is the most appropriate theoretical framework for articulating the diagnosis and remedies of injustice in the context of the Niger Delta. The intractable conflict in the Niger Delta can be appreciated by exploring the dimensions of the conflict.

Conflict is a natural and intrinsic part of the growth process of any nation, and

Nigeria is no exception. Niger Delta (ND), one of the world’s top oil-producing areas, has been the center of violent conflict, despair, neglect, poverty and poor environment for two decades (O'Neill, 2007). According to Onuoha (2005) and Okonta and Oronto

(2001), the conflict in the area is intractable between various parties: community against community, youth against elders, community against oil companies, militants against government forces, etc. The people lack the necessary infrastructure in the midst of the immense wealth exploited from the region and the vast budget for the development of the area. The district, rich in all ramifications based on the natural resources including oil, is sadly about the poorest part of Nigeria with the majority of the people in abject poverty.

This poverty can be in large part attributed to the pollution of most of the farmlands and rivers. The traditional means of livelihoods of the people have all but collapsed; there is little social structure like health, education, sanitation, to cater to the needs of the people.

1 The people are left on their own with high mortality rates and high school drop-outs

(Osuoka, 2007; Afinotan, & Ojakorotu, 2009; Imoh, 2017). The above situation has led to a potent cocktail of violence, underdevelopment, poverty, a lure for quick money and environmental damage (Idemudia, & Ite, 2006; Obi, 2010, Omeje, 2004).

There is another dimension to the conflict that can be attributed to the contradictions inherent in the political economy of Nigeria. This disparity is visible in the struggle for survival by the people of the ND who are entangled within the Nigerian nation as a minority ethnic group. The inequitable sharing of revenue is a case in point: before the discovery of oil, the derivation formula was 50% at independence for the regions, but with the discovery of oil in the minority region and the creation of states, the allocation gradually declined to as low as 1.5% before its increase to 15% in 1999

(Babalola, 2014; Akinola & Adesopo, 2011). It is worthy to note that this did not happen during democratic dispensation. During the Second Republic, the allocation was 1.5%, and it was the military that increased it to 3%. Then, at the end of the military regime, before the ushering in of democratic governance, it was increased to 13% (Akinola, &

Adesopo 2011). Unfortunately, democratic dispensation has not been able to agree on an increase or change in the revenue allocation formula. The closest was at the Constitution

Reform Conference, but it could not arrive at any compromise or decision. The complex dynamics of the conflict has various dimensions as stated by Obi (2009):

complex conflict in Nigeria’s Niger Delta, where the intersection of global,

national and local forces and processes also influence or define the various actors,

high stakes and lines of partnership, struggles, and conflict. It also underscores

some of the contradictory alliances and strategic calculations that underlie a

2 transnational process of extraction and dispossession, and the attempts by some

local forces to either ride on the process for narrow ends, resist the predatory

global-state alliance actions which expropriate their resource and pollute the

environment, or navigate between the two positions based on calculations of

expediency. (p. 114)

On the surface, it might seem to be a simple conflict over resources, their control and the lack of development of the area, but in reality, multiple factors fuel the conflict. These include global actors, and local collaborators mean that multiple sources need to be explored for resolution of the conflict. The abuse of human and environmental rights is destroying the social and economic development of the ND (Osuoka, 2007; Omeje,

2005). The need for a solution has been ongoing leading to constant experimentations.

The ND is a theatre of constant experimentation with various interventions. From the Willinks’s commission in 1958 to the creation of the Niger Delta Ministry in 2009, a lot of effort has been made to ameliorate the situation of poverty and lack of development in the ND. The result shows that the interventions used more a humanitarian and settlement-based approach than a people-oriented development process. Conceptually, some of the reasons for the failure of the projects according to multiple sources including

Onuoha (2005) include crisis management approach to projects, discontinuity in government, grossly inadequate funding, white elephant projects and duplications, official recklessness and corruption, lack of political will and commitment, exclusion of civil society, weak coordination and poor partnership.

The challenge to development for the area can be summarized with four broad

(interconnected) development challenges themes: economic, infrastructural,

3 environmental, and socio-political (NDDC, 2006). These challenges have implications for people. The core issue in the ND appears to be the failure of the government to provide social and economic infrastructure, which in turn causes conflict—a case of structural violence causing direct violence (Galtung, 1969). This issue can also be viewed within the concept of distributive justice. The inequalities in the distribution of benefits and opportunities in the Nigerian State. These are at the heart of the issues; therefore to overcome this kind of injustice, community members need to be empowered. It is therefore imperative that an appropriate model of development framework combined with a congruent form of education and peace education are required in this context. The framework is to empower the people to address the living conditions which prevent them from being that which they cherish with those in authority. The injustices and structural violence in societies, which facilitate the quest for social justice and peace education, can act as a vehicle for its attainment. This situation is a case of social injustice leading to violence in the area. In the following session, the education situation in the Niger Delta is presented to better appreciate the need for an empowering educational framework.

ND as educationally disadvantaged states. Three of the states (Bayelsa, Cross

Rivers, and Rivers States) of the ND are considered educational disadvantage states. The implication of this is that extra attention is given to increase school enrollment in those states. In arguing this case, data from secondary school is used to demonstrate the situation of education in the region. Education at the secondary school level is crucial because it acts as a catalyst and bridge between students entering higher educational institutions or going into the labor market. Therefore, the access and preparation of those students are vital in achieving capabilities. According to Primenews (2018), the data from

4 the Joint Admission and Matriculation Board (JAMB); the body charged with conducting placement exams into universities and other higher institution show that only Imo and the

Delta States made the top states concerning enrollment numbers. If the students in the region are not enrolling large numbers in JAMB, what is the likely outcome? The implication might entail that a critical mass of young people is not taking the option to enter higher education. This has grave consequences for the region. The number of students who successfully enter and complete high school can be used as an indicator to see how capabilities can be built in the region. Table 1 shows states in the ND with enrollment and completion rate for junior secondary (JS) and senior secondary (SS) students.

Table 1: Enrollment & Completion Rates for JS and SS Students in ND S/N State JS (12-14) Completion SS (15-17) Completion Population Enrollment Rate Enrollment Rate in millions 1 Abia 271,916 12.78 265,007 10.59 2.85 2 Akwa Ibom 398,188 44.03 193,881 40.53 3.18 3 Bayelsa 166,772 20.22 157,935 21.15 1.70 4 Cross Rivers 297,307 34.24 269,957 15.25 2.89 5 Delta 403,468 39.30 389,740 26.77 4.11 6 Edo 295,803 45.92 295,71 40.85 3.23 7 Imo 390,224 83.38 377,683 92.50 3.93 8 Ondo 337,634 32.57 320,380 26.79 3.46 9. Rivers 518,933 23.14 508,698 21.27 5.20

Source: Federal Ministry of Education MoE (2017) & 2006 Census Data

The completion rate for both JS and SS schools according to the data above is not also impressive. Eight of the nine states of the ND comprising 88.9% of the total number of states has a completion rate for both the JS and SS at a dismal figure of less than 50%.

The implication is that most of the students who enter JS could not graduate; the average completion rate for the entire ND is 37.3%. The average for SS is even lower at 32.86%.

5 This shows an inability in some states for students to complete secondary schools.

However, to be eligible to enter the higher education, the candidate need not just to complete secondary school but have to pass the school certificate examination. The West

Africa Examination Council data from the Ministry of Education (MoE, 2006) shows the pass rate for high school students from states in the ND (see Table 2).

Table 2: Pass Rates for Selected States in the ND S/N State Enrollment data Sat for exams Pass rate 1 Abia State 124,268 25,172 27.43% 2 Akwa Ibom State 197,401 42,364 26.21% 3 Bayelsa state 52,687 8,574 4.33% 4 Cross Rivers State 115,992 33,353 7.05% 5 Delta State 260,318 24,838 15.85% 6 Edo State 176,172 54,226 47.38% 7 Imo State 177,237 35,320 23.30% 8 Ondo State 204,818 33,499 10.00% 9 Rivers State 227,049 72,310 35.82% Source: Ministry of Education in 2005 (MoE, 2006)

The pass rate is considered credit pass in five subjects including English and mathematics. This is the requirement to get admission into most institutions of higher education for most courses, and it is also the requirement to get some jobs. The inability to attain the necessary education can be a hindrance to the access and preparation of those students in achieving capabilities. No state in the ND was able to obtain a 50% pass rate.

The inability to get into higher institutions have a profound effect on the wellbeing and life chances of the people. Therefore, if the students are not passing the examinations that qualify them to enter higher institutions, then their capabilities can be likely limited. The dismal number of those that sat for the exam compared to those that enrolled in school is frustrating and alarming. It is as low as 9.5% in Delta State, 16.0% in Ondo State. A situation where on average less than 22% of the enrolled students' seat

6 for an exam is not encouraging. The implication is that 78% of the students on average were either not ready for the exams, dropped out-of-school or were not eligible.

The alarming number of those who sat for the exam compared to those who enrolled for class can be compared to an equally worrying pass rate which on average is

22%, while some states like Bayelsa State have 4.33%, Cross Rivers State have 7.05%, and Ondo State has 10.0%. This figure shows that while less than 22% of students who are enrolled sat for the exam only 22% of that number eventually pass the exam. The grave implication for the region is a massive number of people who should be in higher institutions or the workforce but are not eligible for both. This can lead to a failure of capabilities. Extrapolate this data to the number of out-of-school children in the ND, this gives a clearer picture of the crisis in the region. The data in Table 3 provides a picture of the situation.

Table 3: Out-Of-School Children in States in the ND S/N State Out-of-school Population children primary in millions 1 Abia 434,564 2.85 2 Akwa Ibom 47,862 3.18 3 Bayelsa 265,060 1.70 4 Cross Rivers 419,270 2.89 5 Delta 551,709 4.11 6 Edo 388,317 3.23 7 Imo 43,704 3.93 8 Ondo 33,499 3.46 9. Rivers 922,217 5.20 Source: Federal Ministry of Education MoE (2017) & 2006 Census Data

The data from the Federal Ministry of Education MoE (2017) show a disturbing number of out-of-school pupils. These are learners who are of age and eligible to enter primary school but are not in school. Primary school is the basic foundation of learning / formal education that learners begin at age six years. The data from the Ministry of Education 7 shows that a considerable number of out-of-school children in the region. The inability of these children in high numbers to attend school is a serious cause for concern. The implication is that in almost all the states there are a high number of children who are not in school. Recall the previous data on secondary (high) school enrollment, then the implication of this data will be more apparent. The criteria to enter secondary (high) school is successful completion of primary school. If a considerable number not even entering primary school, then the implication for the region is grave. Not attending primary school can mean a temporary closure of opportunities for education.

Education is a powerful tool in changing the mindset of people from violence to engagement in the developmental framework. The core hypothesis of this work is that the possibility of change is contingent upon building the capability of the people to be change agents. The capability approach (CA) to social justice articulated by Amartya Sen emphasizes the wellbeing and life chances of all citizens; as a normative framework it can facilitate the attainment of a better quality of life of people by enhancing the opportunities to do and be what they have reason to value and cherish (Sen 1993; 1999;

2009). It involves the principle of equity, efficiency, empowerment, and sustainability. In the specific situation of the ND, taking a CA will empower, create and offer the people of the region an opportunity to be that which they want to be, having an environment devoid of pollution and a quality of life that is healthy and sustainable. This will have profound multiple effects on the wellbeing of the individual and society. The inability to be and do that which they have reason to value is a matter of injustice. Therefore, it is hypothesized that the CA can be a useful tool in articulating the situation in the ND.

8 Tao (2010) sees the CA as a “broad normative framework that can be used to evaluate a variety of aspects of well-being, and guide policies that remove obstacles which prevent people from achieving a quality of life that they have reason to value” (p.

2). The removing of obstacles is the key function empowering people for transformation, which is very relevant for the situation in the ND. Sen (1993, 1999, 2009) argues that traditional means of measuring well-being are not accurate. People are at the heart of social development; the people have to be active participants in the process of justice and not a mere recipient. They need to be empowered and provided the opportunity to make decisions. Sen (1999) maintained that development is the expansion of substantive freedom; it is its object and means. Therefore, poverty is seen as the “deprivation of basic capabilities, rather than merely as low income” (Sen,1999, p. 20). These deprivations can lead to failures in another aspect of life, like infant mortality, starvation, deaths, etc. The

CA places emphasis on the wellbeing and life chances of all citizens. Sen (2009) argues that this puts emphasis on the opportunities and freedom available for the person.

For Sen, the focus of capability “is on the freedom that a person actually has to do things that he or she may value doing or being” (Sen, 2009, p. 232). This entails both the ability to function as well as the substantive social opportunity; in essence, there should be an opportunity for freedom to act. Robeyn (2011) concurs and elaborates that CA:

‘entails two core normative claims: first, the claim that the freedom to achieve well-being is of primary moral importance, and second, that freedom to achieve well-being is to be understood in terms of people's capabilities, that is, their real opportunities to do and be what they have reason to value’. Without the freedom to act, CA will be hanging in the air without a firm foundation. This clarification is evident in (Clark, 2005) who

9 considered CA as the freedom to achieve what an individual finds valuable; it considers the individual wellbeing within a specific social context. This social context has implications for education and peaceful living.

The role of education and peace education should play in empowering the people to engage stakeholders in the pursuit of social justice in the ND will be articulated within the capabilities theory. The problem addressed is that vast resources have been allocated and spent in the ND, and there is little to show for the investment leading to frustrations, conflict, and militancy. Building peace in the ND is a collective undertaking for the area produces the wealth of Nigeria. Violent conflict with its implication of disruption of oil production affects the revenue of the country. The lack of revenue affects the ability of the state to meet the needs of her citizens (Akpomuvie, 2011; Emmanuel, Olayiwola, &

Babatunde, 2009; Imoh, 2008). The prevention of conflict can lead to stability in oil production leading to increased revenue for the country and a better life for the people if the resources are used effectively. This proposed contribution makes this study quite significant, for the knowledge can be scaled up in the region leading to peace, development, and prosperity. Therefore, investigating and learning how education using the capability framework can facilitate peace in the ND is significant.

General Problem Statement

The reality of massive investment in the ND and the lack of visible infrastructure is a significant cause for worry. The Nigeria Minister of State for Petroleum Resources,

Dr. Ibe Kachikwu speaking with ND stakeholders on 26th August 2016 according to

Ecoconfidential (2016) stated the following:

10 The amount of money that has been put into the Niger Delta development

over the last 10 years is over $40 billion. This comes from the Niger Delta

Development Commission (NDDC), derivation fund and investments by

the oil companies. As I go to the creeks, I see no infrastructure that

justifies the result of the massive investments. What this means is that the

Niger Delta must begin to do soul-searching by asking themselves where

the money go? Who took them? What were they applied to? What were

the roles of our own people and other people as well in examining how the

money was spent?

The Vice President of Nigeria Prof. Yemi Osinbajo, Premiumtimes, (2017) speaking with

ND traditional rulers and other leaders on 16th January 2017 stated:

In 2013 alone, there are over 3700 incidents of pipeline vandalization.

From January to June 2016, there were over 1447 incidents of

vandalization. The Niger Delta of today is one where aside environmental

degradation, between 1998 and 2015, over 20,000 persons have died from

fire incidents arising from breaching of the pipelines. This means the

federal government, state government, National Assembly, NDDC, civil

societies representing Niger Delta must sit together and develop a plan for

rapid development. There is no excuse for not planning together. The

federal government cannot solve the problem of the Niger Delta. It is

impossible for the FG to do it alone. The state should devote a substantial

portion of its budget to this special project.

11 This is particularly concerning, given the numerous interventions in the ND (e.g., the

Willinks’ Commission of 1958, the Oil Mineral Producing Areas Development

Commission [OMPADEC] of 1992, the NDDC in 2000, the creation of the Ministry of

Niger Delta in 2008 and the granting of amnesty to Militants in the ND in 2009). These various interventions in the ND involved massive resources devoted to setting up the process and the different projects linked to the process aimed at alleviating the suffering of the people, but there is not much to show for the considerable amount leading to conflict and violence. This research will contribute to addressing the problem.

Research Problem

The problem addressed is that the significant resources generated by the oil industry have not been equitably distributed in the ND, leading to frustrations, conflict, and militancy. This problem is an urgent matter of distributive justice.

Research Purpose

The core issue in the ND appears to be the inability of the government to provide, which in turn causes conflict—a case of structural violence causing direct violence.

Therefore, the purpose of the study is to investigate the potential applicability of the CA as a normative framework for the pursuit of distributive justice in the ND. Grounded in this normative framework, the study will also investigate the role of education and peace education in the pursuit of distributive justice in the ND.

Research Questions

1. Which theory of justice is most appropriate for the analysis of the Niger Delta

situation? More specifically, is the capabilities theory of justice an appropriate

theoretical framework for conducting this analysis?

12 2. From within the perspective of capabilities theory and the analysis generated in

response to research question 1: What role should education play in the pursuit of

justice in the Niger Delta?

Research Significance

Building peace in the ND is a collective undertaking for the area produces the wealth of Nigeria. Violent conflict with its implication of disruption of oil production affects the revenue of the country. The lack of revenue affects the ability of the country to meet the needs of its citizens.

The prevention of conflict can lead to stability in oil production leading to increased revenue for the country and a better life for the people. This makes this study quite significant. This knowledge can be scaled up in the region leading to peace, development, and prosperity. Therefore, investigating and articulating the diagnosis and remedy of injustice in the context of the ND using the CA can make a significant contribution to knowledge.

This dissertation will contribute to knowledge on the applicability of the CA in distributive justice and peacebuilding. There are few works using the CA in peacebuilding. The Sen’s approach is to develop a generic framework that can be adapted to various situation. This work is, therefore, original and will make a significant contribution. In email correspondence with a prolific scholar on development and capabilities, Dr. Ingrid Robeyns, Chair of Ethics of Institutions at Utrecht University,

Utrecht, Netherlands, she wrote, “I do not know of any literature that uses the CA in peacebuilding. You may be the first to do this, which will make your research very original, but it will also mean you’ll have to carve out the path yourself.”

13 Research Methodology

Given that the research questions in this dissertation are normative, methods of ethical discourse, comparative philosophical analysis, and logical analysis as well as hermeneutic interpretation will be employed. Ethical reasoning constitutes an independent mode of human thought and inquiry (Kant 1964; Rawls and Freeman 1999;

Singer 2002, 2011). It has its own method of rational inquiry, what has been referred to in the history of moral and political philosophy as “practical reason,” as distinct from

“speculative” empirical reason. Practical, moral and ethical reasoning requires its own methods of inquiry (Kant 1964, Rawls and Freeman 1999 and Singer 2011).

Ethical discourse refers to the identification and justification of a primary good and the arguments for what policies and practices will lead to the good's realization--the right is defined in terms of the realization of the good. In this process, the Sen's capabilities approach employs, in addition, the methods of the comparative assessment of justice and public reason. The argument for the validity of the capabilities approach will apply a comparative philosophical analysis--a methodology of comparatively assessing the philosophical strength (validity) of each theory of justice. Hermeneutic interpretation will be used to determine the applicability of capabilities theory to the ND context.

Research Question 2 will be approached through logical inference and comparative assessment.

Brief Outline of the Dissertation

The dissertation is divided into five chapters: Introduction (Chapter 1), Literature review (Chapter 2), Capabilities Theory of Justice as a Compelling Theoretical

14 Framework (Chapter 3), Role of Education in the Pursuit of Justice (Chapter 4) and

Conclusion (Chapter 5).

Chapter 1: Introduction. The first chapter introduces the dissertation and its aim. It presents an overview and background of the situation in the ND with a brief descriptive and documentary evidence to support the significance of the research. The research problem is clearly stated while explicating the purpose and rationale for the research as well as the questions to be investigated. The normative method of inquiry which is the preferred methodology for the dissertation is explained. The assumptions, limitations, and delimitations of the research are stated. The chapter concludes with an explanation of Sen’s method of the comparative assessment of justice.

Chapter 2: Literature Review. This is the exploration of the literature with respect to the following topics:

1. Literature with respect to the Niger Delta, theories of justice, education & peace

education, and the capability approach.

2. Discussion of the relationships between the literature and the argument of the

dissertation.

Chapter 3: Capabilities Theory of Justice as a Compelling Theoretical

Framework. This chapter responds to the first research question: Which theory of justice is most appropriate for the analysis of the ND situation? More specifically, is the capabilities theory of justice an appropriate theoretical framework for conducting this analysis? It will explore and demonstrate that Sen’s capabilities theory of distributive justice is the most compelling in principle as compared to other prominent theories: utilitarianism and justice as fairness in particular. It presents the CA in different settings

15 and makes a justification for its applicability in the ND. The chapter concludes with arguments supporting Sen’s capability theory as the best fit for analysis and remedy for the ND context.

Chapter 4: Role of Education in the Pursuit of Justice. This chapter responds to research question two by demonstrating from the capabilities theories of justice the role of education in the pursuit of justice in the ND. Education can be an enabling factor in resolving the conversion of resources problem in the ND. The chapter explores three perspectives of education, the human capital theory, the rights-based approach, and the capability-based approach. It propounds the argument for the capability-based form of education as the preferred option for the remedies of the situation in the ND. The social reconstruction and progressive education paradigm were explored as a fitting complement to the capability-based educational framework already selected. The chapter ends by articulating that the capability-based educational framework in tantum with the progressive and social reconstruction framework can facilitate a deliberative process supported by public reasoning in the ND.

Chapter 5: Conclusion. The dissertation describes and documents the root causes of the situation in the ND a case of inequities and injustice leading to violence. It demonstrates that Sen's CA to social justice combined with peace education and capability based educational framework can contribute to the desired goals of peace, social justice, and development in the ND. This concluding chapter explains the contribution of the work, development of inquiry, and findings of, the questions as well as the limitations. It is a candid affirmation of what went well and areas for further research.

16 Chapter Two

Literature Review

This is an exploration of specific literature on Niger Delta (ND), Theories of

Justice, education & peace education and the capability approach (CA). It seeks to present relevant literature that will support the articulation of responses to the research questions.

The dissertation explores to justify that the capabilities theory of justice is the most philosophically valid theoretical framework in general and for articulating the diagnosis and remedy of injustice in the context of the ND in particular. It further seeks from within the perspective of capabilities theory and the analysis generated in response to research question 1, to articulate the role should education play in the pursuit of justice in the ND.

This review will be organized around the main themes of the research

Introduction: Niger Delta, Peace, Violence and Social Justice

The ND existed as a collection of ethnic nationalities with independent systems of the traditional, cultural and political organization prior to the merger in 1914 of the colony of Lagos with the Northern and Southern protectorates that gave birth to the nation of Nigeria. The merger was without the consent or consultation of the people. It was purely based on the administrative convenience of the British colonizers. This merger and its various implications are part of the historical factors contributing to the conflict situation in the region (Imoh, 2017). Within, the current geopolitical division in

Nigeria, ND is within the south-south zone.

It has a land area of 112,110 square kilometers comprising swamps, rainforests, rivers, and creeks. The area has a population of 31.2 million people based on the census, speaking 250 languages and dialects comprising more than 40 different ethnic groups,

17 representing 13,329 settlements in 185 Local Government Areas (LGA) in 9 out of the 36 states of Nigeria (NBS, 2012). The ND is rich in biodiversity; it has five distinct eco- zones: Mangrove Forest & Coastal Vegetation, Fresh Water Swamp Forest, Lowland

Rainforest, Derived Savannah and Montane Region (Emmanuel, Olayiwola, &

Babatunde, 2009; Uyigue & Ogbeibu, 2007; Imoh, 2008). It accounts for almost ninety- five percent of the country oil export. The ND region is rich in human and natural resources, arts and culture; being home to Nigeria’s oil and gas resource, it is the wealthiest region of West Africa. The area is not only rich in oil and gas but ideally has enormous potential for agriculture, aquaculture and solid minerals as well as tourism. The socioeconomic reality of the region today, however, is a paradox of poverty amidst plenty

(Imoh, 2008; O'Neill, 2007; Uyigue & Ogbeibu, 2007; Joab-Peterside 2011).

The people in the oil-producing communities live in abject poverty with no electricity, potable water, or health amenities while the oil facilities in the area are guarded by government troops and workers are provided with comfortable air- conditioned apartments with all the amenities. This contradiction is also evident in the situation and life in the ND. The area produces the wealth that sustains most of the beautiful cities in Nigeria, while the majority of the habitats whose soil produces the oil hardly feel the benefit. Things have not always been like this; there has been a tremendous transformation in the revenue distribution. The mainstream of the economy at

Independence was cocoa, palm products, groundnuts, and other agricultural products.

However, Emmanuel, Olayiwola, & Babatunde (2009) and Imoh (2008) are in agreement that the discovery of oil in 1958 changed the economic fortunes of the country and the people. The bulk of the country’s revenue today derives from oil. Nigeria is Africa's

18 leading oil producer and the world's seventh largest exporter. Nearly all its 2.5 million barrels a day comes from the ND. The revenue from oil since the 1970s has grossed more than $400 billion dollars according to (Uyigue & Ogbeibu 2007) yet is not much to show for it. The majority of the people live in abject poverty and desolation.

The concern for the plight of the Delta people did not start recently; the Willink

Commission of 1957 was established to look into the authenticity of the worries and agitations of the people in order to find a means of allaying their fears. The Commission recognized the peculiar historical and unique area requiring special attention, but to the disappointment of the minorities, their demands were dismissed as frivolous and unfounded. In the words of the commission, the people of the ND

are said to be a people who have lived in the area now called Nigeria than

any other of the large tribes and were probably pushed down into the Delta

area in times of which no record has survived. The country in which they

live is divided by creeks and inlets of the sea and of the Niger into many

islands which nowhere rise far above the highest tides and floods; their

transport is by water, and the construction of roads or railways would be

prohibitively expensive. Theirs is a country which, through no fault of

men has been neglected and which is unlikely ever to be highly developed;

they are distinct in their language and customs from either the Edo

speakers or Yorubas. Benin claimed over-lordship of them, but they show

no desire to return to it. (Willink, 1958, p. 15)

It was the opinion of the Commission that the creation of states would not assuage the fear of the minorities but, would instead lead to an endless breakup of the country. To

19 resolve these conflicts, as well as the development challenges that have arisen, successive governments, right from the colonial period, have tried several experiments. These interventions have not solved the problem of the region. Akpabio & Akpan, (2010) argued that the issue of the ND could also be viewed within the prism of poor governance. They claimed that poor governance could lead to failures in social and political institutions which can cause social risks. Good governance conversely will lead to a better life for the people. They were of the view that equity and need should be hallmarks in articulating the solution to the problems. These experiments at finding solutions to the problem of the ND have not transformed the area. The CA, which this dissertation is proposing, is anticipated to contribute to finding a solution to the problem of violence and lack of social justice.

Niger Delta, Peace, Violence and Social Justice

The conflict in the ND is based on long-standing abuse of human and environmental rights, impeding the social and economic development of the region. This has led to growing frustration and cycle of violence, despite efforts of the government and various stakeholders to address this historic injustice (Imoh, 2008, 2018).

The situation in the ND is not impossible to address; it is the political will that is lacking. Bobbio and Cameron (1997) stated that “The fundamental problem concerning human rights today is not so much how to justify them, but how to protect them. This issue is political, not philosophical” (p. 10). It is a political decision; Sachs (2015) argues that the interactions between the global society, economy, and environment, will not lead to a better life for the people without the importance of governance. Good governance provides social services that can lift people out of poverty. Therefore, the role of

20 government is imperative. The situation in the ND has not changed despite many government interventions; the people live in extreme poverty. Sachs (2015) defines extreme poverty as the inability of individuals to meet basic human needs for food, water, shelter, sanitation, education, and livelihood. The characteristics include no decent school, and where there are schools, there are no qualified teachers or facilities. Life in these situations is a daily struggle for dignity and survival he concluded.

The physical violence witnessed in the ND can be attributed to the social injustices in the region. Social justice is a process and a goal, the goal is equal participation of everybody in the society based on need and a vision of an equitable society (Bell, 2007). Social justice can be analyzed within two broad realms of redistribution and recognition (Fraser, 2009). Social injustice to the weak and marginalized is part of the structural and systemic barriers in communities; the enactment of rules does not change the situation because it is ingrained in the fabrics of the social, political and cultural life of the people (Cochran-Smith, 2014; Kaplan & Owings, 2015).

The lack of social justice can lead to violence (Galtung, 1969).

Bobichand (2012) defined violence as: “any physical, emotional, verbal, institutional, structural or spiritual behavior, attitude, policy or condition that diminishes, dominates or destroys others and ourselves” (p. 1). Galtung (1969) talked about the different dimensions of violence which include structural violence, cultural violence, and direct violence. Violence prevents people from reaching their potential because as

Galtung (1969) states "violence that works on the body and the violence that works on the soul" (p. 169). He further stated the impact of negative and positive influence; the hurt is done to the object; the subject is perpetuating the violence; the intended and

21 unintended consequences and the latent and manifest violence. Violence is one of the possible responses to conflict situations. Violence is not inevitable, and it must not be confused with conflict. Conflict is the perception of incompatible goals (Fisher, 2000;

Lederach, 1995, 1997).

The ND scenario has an element of the direct and structural violence that prevents people from reaching their potentials. Sen (1999) opines that the opportunities available for each person to achieve their capability need to be examined. Dubois and Trabelsi

(2007) posit that the negative consequences of violence have grave consequences that affect the social, economic, political and cultural aspiration of the people.

Theories of Justice, Social Justice

This literature review will examine prominent theories of justice and foundational elements of them, which will then be compared to the CA of Amartya Sen.

Impartiality and reciprocity as a foundation for the theory of justice.

Impartiality is crucial in guiding our actions; it helps regulate the effect of our feelings and emotions on our actions. The importance of impartiality in the normative method strives to uphold that everyone should be treated equally in a similar situation. This involves an in-depth consideration of the interests and points of view of all concerned, as differentiated from the will and the interest of the individual. Jollimore (2011) maintained that impartiality is a basis for the principle of justice in that our actions should be based on objective criteria rather than on the basis of favoritism, partiality, or self-interest.

Kant (1964) in the first formulation of the categorical imperative, stated that “I ought never to act except in such a way that I can also will that my maxim become a universal law” (p. 402). The first maxim articulates impartiality by urging us to reflect on

22 our actions and determine if our actions can be considered as a universal rule. The universality of our action means that one set of rules will apply to all in similar circumstances. This imperative calls for perfect and imperfect duty. Johnson (2008) states that: “Motivation by duty is motivation by our respect for whatever law it is that makes our action a duty.” Therefore, we have an obligation to perform our duty not based on our biases or outcome but based on rational, practical reason.

Rawls & Kelly (2001) and Rawls (1971) enunciates a conception of justice as

“Justice as fairness.” The idea of justice fairness is an expression of the constructivist methodological approach identified by Rawls as “pure .” It maintains that valid justification and therefore normativity is constructed through a procedure of deliberation that deploys normative procedural constraints presupposed as constitutive of valid moral judgment. The normativity of the results of deliberation is transferred from the normative validity of the procedure to the outcome. The validity and legitimacy of the outcome of the deliberation are contingent upon the justifiability of the normative procedural constraints. Impartiality is a core normative criterion/constraint modeled in the as the Veil of Ignorance. In the words of Rawls: “Principles of justice are those that could be the object of mutual agreement by persons under fair conditions.” A second criterion, Reciprocity, demands that we not impose our orientation on others; it maintains that justifiability of a moral norm must pass the test of reasonable rejectability in the sense that all affected do not have the legitimate reason to reject the norm. Any conception of justice must be in reflective equilibrium with these normative constraints to be valid. As Amartya Sen suggests,

23 This foundational idea [fairness] can be given shape in various ways, but

central to it must be a demand to avoid bias in our evaluations, taking note

of the interests and concerns of others as well, and in particular the need to

avoid being influenced by our respective vested interests or by personal

priorities or eccentricities or prejudices. It can be broadly seen as a demand

for impartiality. (2009, p. 54)

This reinforces fairness as a fundamental basis for justice. This can also be linked to what persons are entitled to.

Distributive Justice

Resources are scarce, and there is a need to have a fair and just means of allocation of the resources. The formulations on what justice entails are subject to debate.

Rawls (1971) argues that: "laws and institutions no matter how efficient and well- arranged must be reformed or abolished if they are unjust" (p. 3). Justice could, therefore, be argued to mean treating everybody fairly and giving each their due, handling the same case alike, among others. Scholars have articulated how this can be achieved in a pluralistic society. There is the political dimension on how to share the burdens and benefits in society and the vast implications for the people. How the social and economic institutions are arranged to bring transformation in the society is the concern of distributive justice (Olsaretti, 2018). It involves the just distribution, ownership and sharing options of the burdens and opportunities in the society (Favor, & Lamont, 2007).

This sharing is based on the political, economic and institutional framework. There are various conceptions of what distributive justice should be and the balancing of claims;

24 however, Olsaretti, 2018 proposed four necessary dimensions that each should consider.

There are preconditions, subject, object, and normative significance.

Preconditions are the situations for considerations; the need for distribution is based on factors of the relative scarcity of basic goods. Olsaretti, 2018 propounded that the issue of identity and conflict of interests makes distributive justice a compelling case to balance the situation. This is based on the relationships the individuals have among themselves. The subject can be the individual or society as Rawls (1971) proposed, it can be the basic structure of society. The object of distribution is what is to be distributed, while the normative significance gives impetus on the need to take action (Olsaretti,

2018).

Conceptions of distributive justice are “normative concerns as they relate to what people ought to get what they are morally entitled to as well as what they ought to do or give (what their moral duties are)” (Armstrong, 2012, p. 3). They are intended to determine how the burdens and benefits of society are shared. There are two approaches to distributive justice – the relational approach based on shared relationships and interconnections between and among people that can include institutions and the non- relational approach which consider distributive justice based on our being humans. This can also be an egalitarian or minimalist perspective. The egalitarian places high premium on inequality which they consider unjust and objectionable; arguing that significant resources should be distributed equally, that all effort should be made to eradicate inequality. However, the minimalist (Armstrong, 2012) strives to set a minimum standard necessary for a decent life and work towards achieving that as an objective without bothering on the bigger question of inequality in the system. Maiese (2003) argued that

25 unmet needs could lead to conflict and violence when people feel that they are not getting their fair share of resources compared to others in similar situations. This is called relative deprivation. Fair share can be discussed under three elements, the total goods to be distributed, distribution procedures and distribution effect. However, the consonance of the outcome as well as the rules need to be studied if equity, equality or need should be the basis for the consideration, she concluded.

Utilitarianism

The debate on the good based on the consequences of the action is the defining point in the theory of utilitarianism. The good is perceived not as a selfish egoist conception but based on the satisfaction and the greatest good it can do to society. The classical approach to utilitarianism of and John Mill was in response to articulating a normative framework to challenge the social legislature of their day.

Bentham (1996) maintained that humans are ruled by the need for pleasure and avoidance of pain. Actions should be right when it promotes happiness and wrong when it brings pain. They are of the view that laws should be made to serve the satisfaction of the greatest majority of people, not the elites, moral codes should not be sets of commands but rather its justification based on the greater good. Mill (1901) stated it as follows:

The creed which accepts as the foundation of morals, Utility, or the

Greatest Happiness Principle, holds that actions are right in proportion as

they tend to promote happiness, wrong as they tend to produce the

reverse of happiness. By happiness is intended pleasure, and absence of

pain; by unhappiness, pain, and the privation of pleasure. (p. 9)

26 This assertion upholds the principle that happiness should be the measure of utility. This is called the principle of utility. It should be the basis for approving or not approving actions in society. The agent might not benefit from the action, but the happiness is for the greater number of persons. The net utility is the difference between happiness and unhappiness (Bentham, 1996; Mill, 1901). This entails that happiness is maximized.

Therefore, the purpose of utilitarianism is maximizing utility. The end justifies the means another guiding principle in the utilitarian perspective. It is the outcome of the action that matters not the means; this outcome is the good and happiness of a more significant number of persons. Therefore, it is imperative to know the result of our actions before it is done (Bentham, 1996; Mill, 1901). How the actions can be analyzed led to the debate on utilitarianism about the act and rule utilitarianism.

Act and Rule Utilitarianism. The rule and act utilitarianism is an attempt to make decisions making it easier in applying utilitarian principle (McCloskey, 1957). In act utilitarianism, the moral justifiability of an action is determined by whether or not it maximizes collective utility. Rule utilitarianism ascertains that an action is only permissible when it is in tune with rules that are themselves justified by the principle of maximization of utility. Act utilitarianism and rule utilitarianism can be defined as:

Act utilitarianism is the theory that morally right action is one that in the

existing situation will produce the highest expected social utility. (I am

using the adjective “expected” in the sense of mathematical expectation.) In

contrast, rule utilitarianism is the theory that morally right action is simply

an action conforming to the correct moral rule applicable to the existing

situation. The correct moral rule itself is that particular behavioral rule that

27 would yield the highest expected social utility if it were followed by all

morally motivated people in all similar situations. (Harsanyi, 1985, p. 115)

The difference between both conceptions is the place and importance of moral rules. The act utilitarian evaluates an action one at a time seeking which action produces the greatest good, while the rule utilitarian focus on the utility based on the rules of the particular action, before evaluating the action (Harsanyi, 1977; 1985). However, Harsanyi (1977) concluded that both have different moral implications; this difference he calls the

“expectation and the incentive effects which arise if moral strategies are evaluated in terms of the rule utilitarian criteria, but which are absent when these strategies are assessed in terms of act utilitarian criteria” (p. 41). This effect makes rule utilitarianism to be preferred in the question of and human rights. However, Singer (1972) disagrees and argues that the criticism is based on placing act utilitarianism in “unusual situations, in which the application of act-utilitarianism is said to give results which conflict with our ‘ordinary moral convictions’” (p. 94). He argues that the conflict is based on the omission of important facts that the act utilitarian should take into consideration. He maintains that act utilitarianism is the preferred means of making decisions.

There are other kinds of utilitarianism like preference utilitarianism, negative utilitarianism, motive utilitarianism, ideal utilitarianism, etc. However, these are outside the scope of this literature review. However, with the advent of the popularity of the utilitarian moral philosophy, it faces lots of opposition like Scanlon, (1982) who stated,

Within moral philosophy, it represents a position one must struggle against if one

wishes to avoid it. This is so in spite of the fact that the implications of act

28 utilitarianism are wildly at variance with firmly held moral convictions, while rule

utilitarianism, the most common alternative formulation, strikes most people as an

unstable compromise. (p. 593)

Foot (1985) agrees with Scanlon and argues that the attraction to utilitarianism is and it is also one of the reasons it is ethically erroneous.

Social Contract Theory of Justice

The social contract theory of justice belongs to the deontological school of moral philosophy and is based on the premise that the rightness of an action is contingent upon coherence with moral principles whose validity is based in procedural fairness. The basic concept is that moral rightness is determined by agreement under fair conditions (Gaus

2010; Scanlon 1998; Darwall 2006; Rawls 1958; 2009; Rousseau & May 2002). The social contract theories of Immanuel Kant with emphasis on the categorical imperative and John Rawls theories of justice with a focus on justice as fairness are reviewed below.

Categorical Imperative - Kantian Moral Philosophy. Kant sought answers to what makes people’s action right or wrong. Kant (1964) stated, “It is impossible to conceive anything at all, in the world or even out of it, which can be taken as good without qualification, except goodwill.” The actions of humans have moral value only in accordance with their being done out of a sense of obligation (Andrews, 2006). The outcome of an effort has no justification in terms of human inclinations, predispositions, feelings, preferences, sentiments, and consequences. The ability of humans to be rational is the basis of the moral theory in relation to goodwill. The motivation for our actions is based on a sense of duty and follows a framework that is independent of our biases and/or intentions (Kant, 1785/1964; Paton, 1971).

29 Kant (1964) stated that a guiding moral principle should be structured as general and independent, enabling it to be applied universally within the context of right actions conforming to practical reasoning. Kant called this reasoning the “Categorical

Imperative” for it demands action for its own sake. Paton, (1971) described Kant’s method as “analysis whereby the a priori element in ordinary moral judgment is made explicit and is examined in separation from empirical elements” (p. 2 6). Categorical

Imperative can be conceived as sets of rules to guide our behavior. Kant (1785/1964) articulated three such guidelines:

i) “Act only according to that maxim whereby you can at the same time will that it

should become a universal law." (p. 421)

ii) “Act in such a way that you treat humanity, whether in your own person or

others, never merely as a means to an end but always as the end, itself” (p. 429)

iii) “Therefore, every rational being must always act as if he were a legislating

member in the universal kingdom of ends” (p. 431)

The implication of (i) is that if an action cannot be replicated universally as right, then it is not acceptable. The maxim articulated in (ii) places a premium on the sanctity of the human person, going against using others as a means to achieve one’s own selfish purposes, but instead to see humanity as an end in itself. The application of the universality principle implies that humans are rational, with a free will to do what is morally right (Paton, 1971). Kant places humans at the center of creation as rational beings that can make just laws to govern their actions. Therefore, the laws each person makes, as influenced by an autonomous will, is a universal law impervious to external influence. Such laws are only applicable universally. It, therefore, follows that each

30 person treats others, and themselves, as ends in themselves, and not a means to achieve selfish motives. The maxims that should guide our actions should not lead to instability but, instead, should promote universal harmony (Kant, 1964; Kant, 1908).

John Rawls’ Theory of Justice as Fairness. Rawls articulates a conception of justice as “justice as fairness” from within the idea of constructivism, as an idea of pure procedural justice. The purpose of the original position is a thought device that models this agreement under fair conditions wherein citizens choose principles of justice for the basic structure of society as a fair system of cooperation that is acceptable to all (Rawls

1971 and 2009). Rawls (1971) argues that the following two principles of justice for the basic structure of society would be agreed to in the original position:

First Principle: Each person is to have an equal right to the most extensive total

system of equal basic liberties compatible with a similar system of liberty for all.

Second Principle: Social and economic inequalities are to be arranged so that they

are both: (a) to the greatest benefit of the least advantaged, consistent with the just

savings principle, and (b) attached to offices and positions open to all under

conditions of fair equality of opportunity. (p. 302)

The principles are lexically ordered, liberty comes first, then followed by fair equality of opportunity for all and if there is going to be any inequality the least advantaged should benefit the most (Rawls, 1971). These principles should regulate the basic structure of society in terms of the organization and distribution of its benefits and burdens. These principles also serve as the content of public reason, as public reasons for the justification of law and public policy.

31 Capability Approach

The CA was developed by Amartya Sen, drawing from various sources, notably

Adam Smith, Karl Marx, , and John Rawls, among others (Clark, 2005). Other notable contributors include Martha Nussbaum. Tao (2010) argues that CA can be used in policy articulation to make life better for the people, it facilitates the removing of obstacles as a critical function in empowering people for transformation, which is very relevant for the situation in the ND. Kuklys (2005) defined the CA as a "framework for the evaluation of individual welfare, and as such provide the theoretical basis for inequality, poverty, and policy analysis” (p. 8). Robeyns (2003) stated:

Capability approach is a broad normative framework for the evaluation of

individual well-being and social arrangements, the design of policies and

proposals about social change in society. The capability approach is used

in a wide range of fields, most prominently in development thinking,

welfare economics, social policy, and political philosophy. It can be used

to evaluate a wide variety of aspects of people’s well being, such as

individual well-being, inequality, and poverty. (p. 5)

Sen (1993, 1999, 2009) argues that traditional means of measuring well-being are not accurate. People are at the heart of social development; the people have to be active participants in the process of justice and not a mere recipient. They need to be empowered and provided the opportunity to make decisions. Sen maintained that development is the expansion of substantive freedom; it is its object and means.

Therefore, poverty is seen as the “deprivation of basic capabilities, rather than merely as low income” (Sen, 1999, p. 20). These deprivations can lead to failures in another aspect

32 of life, like infant mortality, starvation, deaths, etc. The CA places emphasis on the wellbeing and life chances of all citizens. Sen (2009) argues that this puts emphasis on the opportunities and freedom available for the person.

Freedom is an essential concept in CA; it is an opportunity to accomplish what we value. Sen (1999) claims that freedom is not only the end and primary objective of development but also its means. He proposed 5 instrumental freedoms: Political freedom, social opportunities, economic facilities, transparency guarantees, and protective security.

Economic facilities allow persons to have resources for the purpose of various economic activities. Social opportunities are those amenities put in place by society to improve a lot of the people, like health, education that enhances the people. Transparency is the trust that is needed for society to survive. The society also needs to protect those who are weak and vulnerable. These 5 freedoms are not mutually exclusive but complement each other

(Sen, 1999, 2009).

Sen (1999) stated that freedom has two aspects of the process, which is the ability to act based on agency, while opportunity aspect is the real opportunity to achieve functioning. The lack of freedom can occur by violating the civil and political (CP) rights or the absence of the opportunity to achieve. For Sen (2009), the focus of capability is "is on the freedom that a person actually has to do things that he or she may value doing or being” (p. 232). This entails both the ability to function as well as the substantive social opportunity; in essence, there should be an opportunity for freedom to act. Robeyn

(2011) concurs and elaborates that CA

entails two core normative claims: first, the claim that the freedom to achieve

well-being is of primary moral importance, and second, that freedom to achieve

33 well-being is to be understood in terms of people's capabilities, that is, their real

opportunities to do and be what they have reason to value. (p. 1)

Without the freedom to act, CA will be hanging in the air without a firm foundation. This clarification is evident in (Clark, 2005) who considered CA as the freedom to achieve what an individual finds valuable; it considers the individual wellbeing within a specific social context. Sen (1999) agrees and state that “the substantive freedom to achieve alternative functioning combinations (or, less formally put, the freedom to achieve various lifestyles)” (p. 75). Capability illuminates what a person is free to do, while functionings shows what a person does. CA sees people as receivers and managers of development by prerogatives to development as freedom. This view entails that development increases choice.

Nussbaum (2000, 2003, 2005) identifies three levels of capability: basic capabilities, internal capabilities, and combined capabilities. Basic capability is innate potential; internal capability is the internal development of innate potential into various realized capacities; combined capability is internal plus the existence of the substantive social opportunity to exercise one’s internal capability. The ability to fully realize capability is dependent on factors like social, economic, educational, cultural, resources, environmental, political and personal options as well as developmental policies. CA encourages freedom and agency moving away from the classic economics measurement of development as economic growth, income and utility to people as the center of development. CA acknowledges and recognizes that accessing human well-being is multidimensional.

34 Martinetti (2000) sees capability set as “a set of vectors of functionings that reflects the person’s freedom to choose what kind of life to live. So, if achieved functionings constitute a person’s well-being, capabilities represent the real opportunities for a person to have well-being and also include the freedom to have alternatives other than the chosen combination” (p. 3). The capabilities and functionings achieved are connected to social, environmental, cultural, health, economic, institutional and the conversion process of those resources into wellbeing.

Capability Methodological Approach. Hollywood et al. (2012) argue that the essential constituent of CA is what a person does (functionings) and their freedom to realize it (capabilities), but the problem is how to measure capabilities instead of functionings. Verd and Lopez (2011) support the assertion because at times it’s difficult to observe the opportunities and freedoms people have than the outcomes of the action.

Therefore, the essence of capabilities is to determine the options to achieve rather than the consequence of our actions (Hollywood et al., 2012). The systematic approach

Robeyns (2006) argues it should determine on what we should focus on. It can be “to focus on functionings, capabilities or both; the selection of the relevant capabilities; and the decision whether or not trade-offs and indexing are necessary, and if so how to determine the weights” (p. 373). The option we choose should not be based on our feelings but should be a true reflection of the realities of the people. This agrees with Sen

(1999) statement that capability should be based on need. In selecting the appropriate method to use, Robeyns (2003) proposed a five-stage methodology:

1. the list needs to be explicit, discussed, and defended;

2. the method used to generate the list needs to be justified;

35 3. the list should be context specific/sensitive to the context;

4. lists to be applied empirically or used to drive policy should be generated in

two stages: drawing up an ‘ideal’ list and then a more ‘pragmatic’ list; and

5. lists should include all important elements. (p. 70–71)

Ibrahim (2014) stated that CA should follow the human development framework which calls for the productivity, equity, sustainability, and empowerment; the emphasis is not only on “enabling people to generate more income, but also about providing them with equal access to different opportunities while ensuring their active participation in shaping the process that creates these opportunities” (p. 20). The CA was developed based on the inability of the utility, income, achievement, and realization of human rights as a basis accessing progress. It is based on the concept that progress can be accessed as the expansion of freedom. Ibrahim and Tiwari (2014) opined that it has three components: pluralistic, respects agency, and process and outcomes. CA is pluralistic and non-commensurable. The diversified nature is based on the different capacities that people have to need to value; this can range from political freedom, higher education, social affiliation, nourishment to achieving literacy. The implication of this is that policy development cannot be unidirectional but has to cater to various needs with various objectives. Ibrahim (2014) opined that a choice needs to be made with respect to the methodological approach to the application of CA. This can be as follows:

1. Primary or secondary data

2. Macro or micro level analysis

3. Grassroots or country level exploration

4. Qualitative or quantitative

36 5. Individual or collective levels of application

Sen (1992) cautions that there is a need to acknowledge the reason for our choice based on the practicality of data availability and ideal way of going about the research if there is no limitation. The agency component is at the root of CA. The people are at the center, they choose how to live their lives, and are in control, and they determine the goals and their contribution to society are based on public reasoning. The individual agency is important, but it is essential that the process is respected. This has to deal with how people go about achieving their values and its implication for society and what the society values and cherishes. The contribution of CA is that it is not based exclusively on monetary value, but agency and freedom are important in the evaluation. The interconnection of these three component calls into question the issue of measurement. How to determine, when the agency is respected? The implication of individual agency to collective agency, the implication, and process of public reason. How these interconnections affect the achievement and capabilities of the people (Ibrahim & Tiwari, 2014).

Applications of the capability approach. CA can be combined with other methods and approaches (Robeyns, 2003; Ibrahim & Tiwari 2014) the combination with participatory methods facilitates selecting and ranking capabilities this builds agency into the project. It can be combined with human rights, human capital, etc. (Ibrahim & Tiwari,

2014). CA can be practiced at the micro level, for example, street kids in Lagos, Nigeria, at the sectoral level, for example, evaluating education in Germany or fair trade in

Sweden, at the macro level, for example, adopting the approach to reporting wealth and poverty in Britain (Ibrahim & Tiwari, 2014). The CA can have value in both developing countries and developed countries. The beauty of the CA is that there is no one method

37 for implementation, it is pluralistic, and each method has a claim to legitimacy (Ibrahim

& Tiwari, 2014) concluded. They highlight social justice, deliberative democracy and public discussion making it an attractive option in the design of development policies.

There is a critic of CA of concertation on theory and difficulty in application and practices. However, recently there has been lots of practical work done to highlight the application of CA in various endeavors; moving from ideas to practice (Ibrahim &

Tiwari, 2014).

Nussbaum (2001) listed 10 specific capabilities. However, Sen (1993) feels that the democratic public reasoning process should be able to determine the particular capabilities set in each social-cultural situation. He believed that human should have the choice and freedom to decide what they want. The CA can be used in various settings: valuing living standards, analyzing inequalities, gender analysis, poverty analysis, and human rights. The participatory and deliberative nature allows and gives the people the freedom to determine the scope and dimension make it an attractive framework for practitioners. CA answers the question ‘which and whose capacities were expanded and by how much...how and why capacity was expanded’. This classification is in line with the evaluative and prospective roles of CA as proposed by Alkire (2008).

Operationalizing CA can be challenging and discouraging for policymakers.

However, Ibrahim (2014) proposed ten reasons why CA should be operationalized:

1. Normative – represent cultural diversity, inclusiveness, fairness, equality, and

justice.

2. It does not focus on poor countries but on poor people. It can work in various

context. The reason is that it does not focus on income but on the people to expand

38 their capabilities for in every country there are poor and marginalized people.

Therefore, there is no need for so-called developed countries to be prescriptive

when it comes to developing countries development. Each country should focus on

expanding the capabilities of its people.

3. Methodological – CA contributes to the study of human beings with a focus on

human agency. It places human as the instigators of knowledge and agents of

change. The process of utilizing human agency bring about change. The CA give

people the ability to make a choice, those choices have an effect in society. It is a

bottom-up approach where data is generated by the people, and it is used for the

development of the people.

4. The capturing of the capabilities of the people need an understanding and a shared

meaning of the concept of ‘capability.’ There has to be a process of understanding

the choice, the reason for the choice and the constraints.

5. CA emphasis diversity, thereby creating disaggregated datasets on diverse aspects

of human well-being can lead to targeted development policy and process.

6. The operationalizing of CA will pay less attention to the difference between the

Sen’s approach and Nussbaum’s about the rationale of having a capability list or

not. The bottom-up approach of CA entails that each community devises its list

based on their social-cultural reality.

7. CA to be attractive to policymakers need to be accessible and operational. The

operationalizing of CA will gain political legitimacy.

8. Sen (1993, p. 47) emphasizes that CA is not complete, and the reason is to allow

for it operationalizing different context based on the reality of the people, it is

39 through that process of CA that involves public deliberation and reasoning that will

fine tune it and lessons will be learned on how CA works in various contexts.

9. The application of CA will lead to innovation and refinement of the process and

concept.

10. CA focus on both outcome and process. The process looks at how capabilities can

be achieved, while opportunity looks at the ability of individuals to achieve the

lives they cherish and value.

CA can be applied using distant assessment of human capabilities (objectives and positivist approach). This relies mainly on the use of secondary data and grassroots exploration of human capabilities (subjective and constructivist approach). This approach depends on a constructivist approach by using primary data. Through interview and questionnaire asking general questions, people’s capabilities can be identified. It is costly to gather primary data, but it aids in providing guidance to which capabilities are valued, why people make certain choices, how capabilities are achieved and the role of policy in the intervention

(Ibrahim, 2014).

Other applications of the capability approach. CA can be applied in various situations. Tiwari (2014) narrated the application in rural India using a combination of

CA and participatory approaches. This is a bottom-up model for development according to Tiwari (2014, p. 29) this model helped "the poorest women to improve their circumstances and overcome social exclusion." The CA was able to empower the women through their agency expand their capacity and thereby change their situation. This works by the individual agency of the people enhancing the collective agency. The collective agency is defined as "the ability of the community to act on behalf of what the

40 community values and has reason to value." The community is instrumental in getting the information and access needed for change, which includes engaging the relational agency. Ibrahim (2014a) sharing a similar experience of how women in Egypt used a collection agency to enhance their capacity and challenge the status quo thereby changing their situation. It is a case study of anti-FGM women group. She argues that capacity growth and expansion is more a collective process than the individual. Communal activities act as a forum for participation and social cohesion, thereby facilitating change.

These two examples show the use of CA to move from individual agency to collective agency. This might seem too different from the application of CA by Sen. However; she defined collective agency as: “an exercise of human freedoms whereby a group / or a collectivity seeks to pursue goals collectively that go beyond their individual well-being concerns.” The collective agency enhances and expands the capability of the people. In this study, they devised the ‘5Cs’ strategy which includes, cooperation, conscientization, co-optation, coalition building, and coordination.

Shand (2014) explained the use of qualitative study using the CA framework to inform policy. This is by understanding and working with street children in Ghana,

Zimbabwe and Democratic Republic of Congo, exploring choices and the complicated life they live. The CA was an important framework for this study for it examined the ‘micro- dynamics of life on the street. Shand (2014) stated that CA “provided a lens to make visible the linkages between factors and their impact on the lives of street children and young people” (p. 76). This study shows the life experience and capabilities of young persons living on the street. Sustainability can be used in CA. According to Anand (2014), it is “an ethical consideration of intergenerational fairness or equity. The CA is a theory of

41 distributive justice with its focus on freedoms, being both ends and means. Thus, it is readily relevant to intergenerational justice” (p. 142). She opined that it falls within the realm of universalism. This implies that the reprieved people of today cannot be ignored on the basis of the future generation. It is a model that goes beyond growth and promotes an inclusive model. The emphasis of what is sustained is not the environment but rather the life the people will cherish and what to live. Therefore, sustainable development from the CA perspective will explore what a person could achieve with the universal sets of opportunity. The sustainability of the future should not decline because of the action of today. The policies are not externally determined but are chosen by the people based on public reasoning and deliberation. It recognizes the people as the focus who make the decision.

The CA can be in applied in developed countries; it is not restricted to developing countries. It is interesting not just in the level of wellbeing but in the distribution as Volkert

& Schneider (2011) see affluence as categorized by a large figure of doings and beings leading to a diversity of potentials, the value they place on it will be different. Therefore, they stated it is most appropriate to measure capabilities as functionings might be able to establish individual freedom. Volkert and Schneider (2011) opined an increase in CA uses in high-income OECD countries in various studies and assessment, this they claim is based on the multidimensionality of CA that other approaches like income or utility alone cannot measure. CA had also been used by Eastern European countries to access their transition to high-income countries. Volkert and Schneider (2011) state,

What makes the capability approach unique for applications in affluent

countries is its interest in capabilities and real freedoms as a central feature.

42 It has been argued that to take account of the long lists of potentially

valuable beings and doings of affluent people, a focus has to be on

capabilities and not functionings. This is important to take account of the

more prominent role of preferences, self-constrained choices, but also the

potentially larger number and diversity of inequalities. (p. 30)

The above notwithstanding, there is still a shortage of studies that use CA; this has to be attributed to the data-driven format that influences topics and operationalization. Burchardt and Vizard (2014) in their work explained the use of CA by applying the equality measurement framework for evaluating care for individuals and groups in England. In their example, it was focused on health, but it can equally be external to other aspects of the life of the people. In accessing the people, multiple indicators were developed and used.

Following the application of CA in England at the sectoral level, Volkert (2014, p. 172) in his study showed the application of CA in Germany based on the government acceptance of the CA as the framework for poverty and wealth report (PWR). Poverty was then defined as ‘capability deprivation and wealth is perceived as the availability of an extensive capability set.’ CA was chosen because of its multidimensionality and broad informational base. It can be used to analyze social exclusion and seek ; it caters for the wellbeing of marginalized groups like women and older persons.

Summary of Theories of Justice and Social Justice

Sen (1999) questioned the conventional economic way of measuring well-being as opulence or utility. The reliance on economic growth and wealth he argued is not the end in itself but the quality of life that people are able to achieve. There is a difference in how people and communities convert the resources available to them. The traditional

43 welfare economics emphasizes on the expansion of goods and services does not give adequate information on how individuals experience different commodities. This then necessitates an appreciation of how individuals perform with the goods and services they have (Sen, 1985; 1999; 2009).

The move away from a utilitarian-focused conception and the Rawlsian primary good conception to a human basic capability approach is based on the questioning of the conventional economic way of measuring well-being as opulence or utility. The reliance on utilitarian and Rawlsian conceptions does not give an accurate indication of the quality of life that people are able to achieve nor how people and communities convert the resources available to them (Clark, 2005). The CA is a people-oriented theory that focuses on individual merit and ends instead of means, it is better positioned to handle diversity and discriminations, and this is against economic based theories that lack plurality in judgment as they are more interested in how people interact with commodity than on the people (Anderson, 2010; Sen, 1985). The need of the people should not be based on marginal utility or total utility nor on primary goods, but instead it should be based on the ability of individuals to do certain things. The Rawlsian method is conceptualized in looking at “good things rather than with what these good things do to human beings” (Sen 1979, p. 218). There is no motivation to intervene when there is high marginal utility (expensive), no total utility (contended) no primary good deprivation (he has what others have), then they should be another reason for intervention. Sen (1999) proposed that it is “shifting attention from goods to what goods do to human beings.”

This he illustrated with a bike; ownership of a bike is not in doubt but if you cannot ride, does not change the characteristics of the bike as a mode of transport. Therefore, the

44 interest should be on the people and their capability to be that which they cherish. This is the birth of the CA, which is a focus for this literature review. It is a compelling theoretical framework to analyze the ND situation.

Education, Peace Education and Social Foundations of Education

The type of education we receive and how we use it has a profound impact on our lives and society. Education is critical, but if the education received does not yield the desired empowerment, then there is a need for change. Giroux (2005) in articulating the role of education for empowerment stated, “knowledge is always linked to power; social practices are always embodiments of concrete relations between diverse human beings and traditions, and all interaction contain implicit visions about the role of citizens and the purpose of the community” (p. 150). This brings the importance of education and schooling into perspective; schools have a role to play in enlightening and preparing students. This is in line with the vision of the social foundations of education (SFE).

Schools are political in nature by preparing learners to uphold the status quo according to

DeMarrais and LeCompte (1995), they “serve to reinforce the existing social and political order. [It] assume[s] there is consensus on the values and beliefs in society, especially on the allocation and use of power” (p. 7). This assumption is based on the dominant culture, and the weak are marginalized and silenced. This needs to be challenged and changed; the SFE promotes and empowers for transformation.

Social Foundation of Education. Butin (2014) opined that SFE is an

‘exploration into the layered context of our educational process" (p. xiv). SFE unpacks the education received and its effect on the greater society as well as the impact of society on education. The SFE field is diverse employing multiple disciplines. Tozer and

45 Miretzky (2005) argue that SFE should be relevant to the formation of teachers and should strive to “provide a critical, cross-disciplinary study of education, including schooling, as a cultural process grounded in the social institutions, processes, and ideas that characterize particular culture” (p. 7). This is based on the realization that there is a relationship between the school and society. Tutwiler et al. (2013) articulates the field of

SFE as a transdisciplinary and interdisciplinary field that encompasses diverse disciplines. They stated:

A field of educational study that derives its character and methods from a

number of academic disciplines, combinations of disciplines, and area

studies, including: history, philosophy, sociology, anthropology, religion,

political science, economics, cultural studies, gender studies, LGBTQ

studies, comparative and international education, educational studies,

educational policy studies, as well as transdisciplinary and interdisciplinary

approaches. Social Foundations of Education faculty have doctoral degrees

and/or extensive preparation in the disciplines and methodologies of the

social sciences and humanities as applied to the examination of education

and schooling. The purpose of the Social Foundations of Education study is

to bring these disciplinary, interdisciplinary, and transdisciplinary resources

to bear in developing interpretive, normative, and critical perspectives on

education. (p. 108)

The SFE framework is built on three perspectives: interpretative, normative, and critical.

The interpretative perspective seeks to examine, understand, and explain education within the different contexts it occurs; therefore, the meaning and the interpretation can occur

46 within distinctive historical, philosophical, and cultural perspectives. The normative perspectives promote appreciation of value orientation and considerations of justice and its influences on education and educational policies. Through reflection and normative analysis, value positions can be developed. The critical perspective builds on the normative to question our assumptions, develop skills for inquiries to identify the contradictions in values, beliefs, policies and practices (Tutwiler et al. (2013).

Social Foundations of Education, education, and the link to the Niger Delta.

The interaction of society, environment, and experience can change the way we receive education and its impact. Education is fundamental to the development and survival of a people. It is through education Newman, and Thayer-Bacon (2005) argue that cultural wealth is transferred. This is imperative appreciating that the preamble of the UNESCO constitution states: "since wars begin in the minds of men, it is in the minds of men that the defenses of peace must be constructed" (UNESCO, 1945). This reinforces the special need of how knowledge is transmitted for the protection of future generation. Newman and Thayer-Bacon (2005) further argue that we become interested in education when it directly affects us; this reaffirms the UNESCO charter which encourages: "in full and equal opportunities for education for all, in the unrestricted pursuit of objective truth and in the free exchange of ideas and knowledge." This transmission of knowledge within a culturally defined space is in line with the SFE mandate, which encourages the questioning of the education we receive and its impact on the society. Education should not be in a vacuum but should be relevant and empowering.

Greene (1995) exposes the need to envision the change we endeavor to see. For her “social imagination is the capacity to invent visions of what should be and what

47 might be in our deficit society, in the streets where we live and our schools. Social imagination not only suggests but also requires that one take action to repair or renew”

(p. 5). This call for the need to imagine and work for a world of justice and fairness. This action of proactively acting for the good of society is part of the aim of SFE. It entails ensuring that all voices are heard and nobody is excluded. Education needs to be appreciated within a historical, political and social context. It cannot be in a vacuum, it has to make sense and in sync with the realities of the people and the learner. Provenzo

(2005) supports this assertion that SFE should connect the theory in classes to practice in real life situations. SFE should help students appreciate the interrelationships between the educational system and the larger society. SFE provides the avenue for reflection and articulation of the happenings in the society and how it can be transformed positively.

Reflecting on the situation in the ND, the education received should empower the leaners to call for change in the situation. It should not promote the status quo, but rather be a vehicle for transformation.

SFE scholars promote social justice; as claimed by Edmundson and Greiner

(2005), “working for justice presumes an active being in the world to promote social and economic equity, to resolve differentials of power, and to use power for the benefit of those without” (p. 153). The implication of this is that the classroom should be an incubator that produces active citizens who will challenge the status quo when things are not moving right in the direction of social justice. Therefore, the education we receive is the building block to act for change. This is an important aspect of the SFE that is relevant to the situation in the ND. Edmundson and Greiner (2005) proposed that SFE should provide an intellectual tool and opportunity to experience the intelligent input.

48 Therefore, the intellectual contribution should not be devoid of the activism leading to

SFE articulation of the responses to the problem of society. The uniqueness of the SFE is that the conversation in the classroom need to be translated and relevant to the learners lived experience and should lead to a transformation in society. This literature review is motivated by a promotion of the concept of using ideas learned in SFE classes to transform the society of the ND. It is an embodiment of the interpretive and critical perspective to achieve a normative that promotes social justice in the region; solving the root causes of the conflict.

Education and society. Education can play a huge role in the transformation of the conflict in the ND. Dewey (1915) maintained that education needs to change with the time to have a transformation in society. We cannot divorce the society, learning, and education from each other, as the school is a vehicle for reform in the society. He argued that we would repudiate the dreams of young ones for a better future they deserve if we continue in the pattern of education we give to the pupil. Dewey (1915) stated, "if we teach today's students as we taught yesterday's, we rob them of tomorrow" (p. 15). This phenomenon of the interrelationship between the society and education fall in line with the SFE, which Butin (2014) claims is about “learning to not only describe, but also reflect on, and critically analyze the picture of American Education" (p. xii). This explores the various dimension of the educational experience and process. Thereby allowing the root causes of the issues to be discussed and addressed. This process can be likened to Dewey’s articulation of the role of experience in intervention. Dewey (1916) sees “education as the reconstruction or reorganization of experience which adds to the meaning of experience, and which increases the ability to direct the course of subsequent

49 experience” (p. 45). These are not the product of some external actions, but the encounter changes the environment and the activities. This is relevant in appreciating the dynamics in the ND. Learning should lead to reflection and thinking; it’s integrated with interaction with the environment to aid practice (Dewey, 1916). This function of education has a huge role to play in changing the situation in the ND.

Progressive education. Education for Dewey (1897) was the “participation of the individual in the social consciousness of the race” Education was not designed to operate in a vacuum but should be rooted in the social consciousness of the learner. This Dewey

(1897) argues “if we eliminate the social factor from the child we are left only with an abstraction; if we eliminate the individual factor from society, we are left only with an inert and lifeless mass” (p. 78). The child, therefore, is a product of two worlds, the society that the child is born into that expects a lot from the child and the child as a person that has to determine its destiny in the world. Progress does not start at school but starts at the first breath of the child, where he or she becomes initiated into the life of his community. Therefore, the child is first a product of the society before school. Education should, therefore, serve as a bridge for social development of the society, appreciating that the society develops through her people. Therefore, education should be a tool for transformation in the ND. Dewey (1897) stated, "education is a regulation of the process of coming to share in the social consciousness; and that the adjustment of individual activity on the basis of this social consciousness is the only sure method of social reconstruction" (p. 80). The child should embody complete learning, which prepares the child for a future not fixed in any reality but on the changes in the society. In the words of

Dewey (1998), "Education fails because it neglects this fundamental principle of the

50 school as a form of community life. It conceives the school as a place where certain information is to be given, where certain lessons are to be learned, or where certain habits are to be formed" (p. 231).

The misconception and articulation of the school as a separate entity have implications for the disconnect between the school and the community. Education cannot be removed from the community; it is part of the social interrelationships. The school should reflect the community. The communities in the ND need to see the school as part of the community, not an attachment that children should attend when they have nothing else to do. Education helps in the appreciation and advocacy of social justice. This is in line with SFE mandates which states: “We believe our work should foster the exploration of diverse epistemological frameworks, the interrogation of dominant assumptions, and the critical and systematic analysis of power structures.” Tutwiler, et al. (2013, p. 110).

The situation in the ND calls for a critical examination of the power dynamics that influence and sustains the injustice. The SFE lens can provide some illumination. The critical perspective advocates for social change and education has a great role to play.

Dewey (1897) stated, “I believe that education is the fundamental method of social progress and reform. All reforms which rest simply upon the law, or the threating of certain penalties, or upon changes in mechanical or outward arrangements, are transitory and futile" (p. 79). The real change is when learning transforms the pupil to change society. It is not to be legislated but a product of the lived experience of the people.

Education as social reconstruction/critical . Education should be a liberating experience for both the learner and the teacher. They are both subjects of their own learning. This calls for a change in the way we learn. The essence is that education

51 should empower people and enthrone social justice and human rights as a means of liberation. The way of achieving this is by learners being active participants in their learning. This transformation involves working from the local perspective; education can, therefore, be a political tool for liberation. Freire (1970) in his pedagogy of the oppressed advocated for the critical consciousness that can liberate the youth from the hassles of oppression and inequality to empowerment and freedom. This is a process of questioning the education received, questioning the social structures that promote social injustices. It makes the students appreciate their life and engage in activities for transformation. Freire

(1970) distinguishes between the ‘banking method’ which is a practice of domination and

‘problem-posing’ method, which is a practice of freedom. The banking method is disempowering educational method of an all-knowing teacher filling up the empty student with knowledge. It assumes the learner is a blank slate that has to be filled. This reinforces the status quo and promotes social injustice and oppression. However, the problem-posing method is based on collaboration where the learner and the educator are in a mutually beneficial learning experience, where knowledge is continually being created and shared among the parties. The key to the problem-posing approach is the use of dialogue and critical consciousness as a tool for praxis. Learning has to be experiential where students are empowered by the experience; they bring to the learning environment.

This role of education promotes social justice, leading to peace, progress, and development in the community. Nussbaum (2010) argues that this education should develop critical thinking in the learner and empower the learner to be empathetic. It opens the minds of people to see beyond the surface and improve the ability to think. It is

52 the thinking process that makes the receiver enlightened and educated. This kind of learning is achieved through humanistic education.

Peace Education. Peace Education means different things to different people; it serves different purposes based on need, the time and the people (Salomon, 2007). There is no generic model for peace education. However, there are embodiments that each program should contain or accommodate. Institution plays a significant role leading to the building of solidarity among citizens classified as global citizenship and kinship

(Reardon & Snauwaert, 2014). However, this should not entail one cap fits all; as

Salomon and Nevo (2002) argues that contents should include creating a peaceable climate, enhance skills, and knowledge. The emphasis was on the need that peace education should be based on the realities of the specifics of the intended participants.

The essence is that the context and geographical realities should be an important consideration; the intended audience is an essential component with respect to age, social status, and environment as well as various interrelationships to achieve the transformation envisaged in the society.

Women play an active role in the ND, the peace education envisaged for the ND should be all-inclusive, involving both men and women and rejecting patriarchy, Reardon and Snauwaert (2014) agree with this perspective that the "fundamental purpose of integrating gender into peace knowledge is to inspire such action and to illuminate the requisite peace learning that could enable us to transcend patriarchy and its multiple forms of violence, opening the space in which to construct a nonviolent gender-equal society". The society of the ND promotes patriarchy which oppresses and dehumanizes,

Reardon and Snauwaert (2014) define it as a "social, political, and economic system of

53 control and domination structured in terms of a hierarchy of human relationships and value that is based on socially constructed gender differentiation. As such, it bestows unequal power and value onto males who exhibit its most important values and traits, excluding and oppressing those who do not" (p. xii). The power patriarchy bestows on the custodians is unfair and unhealthy; it has led to the exclusion of not just women but every other person who does not belong to the patriarchy group. Peace education in the

ND will be inclusive to challenge and change the status quo.

Peace education provides tools and skills needed for solving the problem of human societies to make them a less violent, more peaceful and just society. The war system and the global economic structures are some of the impediments to the attainment of the envisaged society (Reardon & Snauwaert, 2014, p. 74). Critical peace education is a practice of freedom facilitated by a healthy and respectful dialogue. Baja (2008) calls for a critical peace education perspective which involves issues of reflection on social and economic injustices within a context of ‘structural inequality and empirical study’ based on local ‘meaning and experience.’ She proposed four approaches to be followed: idealistic approach, intellectual approach, ideological approach, and politicization approach. The essence is that the effort at the grassroots to enthrone social justice and human rights should serve as a pivot for peace education. Danesh (2011) advocated a system of peace education that is a departure from the conflict based module to a unity based model that is integrative of the ‘psychological, social, political, ethical and spiritual state’ giving expression in the development of the person to do that which is right. This is called education for peace. He propounded that all peace is a product of worldview and reality shaped by our various encounters and relationships. His view is strengthened by

54 his conviction that conflicts are not caused by abstract beings, but by individuals, therefore if the individual is changed, the conflict will transform.

Education and the Capability Approach. Education plays an essential role in the development of humans (Hart, 2012). The importance is highlighted in the millennium development goals with the recognition of the role of education in alleviating poverty and enhancing the development of the people (United Nations 2010). Education can lead to a higher quality of life and can help in breaking away from the shackles of poverty; Sen and Dreze (2002) argue that education, “not only in accumulating human capital but also in broadening human capability” (p. 43) can lead to a transformation in lives. The access to education is therefore imperative. Social inequalities cannot be divorced from economic inequality and its negative effect on education leading to intergenerational poverty. Sen (2009) maintains that we should not only evaluate social policies, but the individual aspiration should be paramount; he supports critical engagement in line with welfare economics. Following the Universal Declaration of

Human Rights: “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms” (UN, 2012). This is in line with CA leading to a shift of emphasis from education as economic value to education as a human right (Vermeulen, 2014).

CA plays various roles within education Unterhalter (2009) articulated three areas of interest: instrumental social role, empowering and redistributive roles. The instrumental role enhances dialogue and debate building the capability for citizens to take part in governance and decision making. The marginalized groups in society through education can organize themselves to take positive collective actions to change their

55 situation. Education builds the capability to gain access to power holders, not the outcome of the education as argued by (Vermeulen, 2014) as the education can contribute to democratic freedom for the possessor of it and others within their sphere of influence.

The argument about education seems to be towards education as a means of economic empowerment, however, if education is viewed in terms of capability, it will be a responsibility of society to ensure that every child goes to school. CA supports an education that empowers for a change. In articulating the role CA can play in the educational sector with respect to equality, (Walker & Unterhalter, 2007) maintains that there are two ways of looking at it either school as centers that reproduce social injustice and inequalities or how school can provide space for learners to contest and challenge the situation of social injustice and inequalities. The second option is the driving force for the use of the CA framework in articulating a change in the ND. CA provides the basis and analysis to remove the obstacles that prevent people from being and doing that which they value to be.

Conclusion: Interrelationship between the FES, Capability, Social Justice and Niger

Delta

Education should not only benefit the individual, but it should be considered a public and social good, implying the overarching aim is the transformation of the individual and by extension the society. Therefore, if education is a social and public good, then we have to pay attention to how school interacts with society. The Normative perspective of SFE ensures that reflection is a product of the learning and preparation for teachers. This is transferred back to the way teachers teach, and it has a positive influence on the learners and the transformation in the society (Tozel et al., 2011). The examination

56 of the issues of social justice in the ND from a value-based framework is a normative perspective by analyzing and evaluating the situation from the specific environmental, social and economic of the society. This will lead to a critical appraisal of the situation and a transformative framework for action.

Education is social, historically, economically and contextually determined. It lies in the heart of what it means to be an educated person. This leads straight into the field of

SFE which views education in a holistic pattern by exploring the interactions between society and school. Walker (2008) argues that education has a significant role to play in the transformation of society by facilitating attainment of the potential of the people;

“Education might contribute to democratic equality, which is being able to know and deliberate about our options grounded in equal social respect” (p. 150). The CA connects and supports equality in educational opportunities. This is done by linking individual situations with social and communal realities. The social context and relationship persons are embedded in can affect the capability for or in education. Sen (1993) stated, “being free to live the way one would like may be enormously helped by the choices of others, and it would be a mistake to think of achievements only in terms of active choice by oneself” (p. 44). We live not as an island, but with people, educational outcomes need to be systematically planned. Apple and Beane (2007) stated that this would happen from

…explicit attempts by educators to put in place arrangements and

opportunities that will bring democracy to life. These arrangements and

opportunities involve two lines of work. One is to create democratic

structures and processes by which life in school is carried out. The other is

57 to create a curriculum that will give young people democratic experiences.

They do not occur by accident. (p. 1)

This model incorporates the SFE approaches based on the diversity of the learning experiences and environment. Walker (2008) proposes,

If we see student learning as central to our work in education, and if we follow the

capability approach, we might design our pedagogies according to what students

say they value in life, and then foster the learning which enables them to develop

these valued capabilities. (p. 159)

The freedom which is accorded might be shaped by the opportunities available. When people have been marginalized continuously and cannot appreciate options because of the perception that others are better, good choices can make a difference. There is the flip side when those who are privileged refuse to acknowledge or may not see the advantage they have. This scenario can be remedied by deliberation when citizens are free to participate and make decisions.

Education gives the opportunity to make choices, we might be born with some identity, but with education, we can be exposed to other realities and then be in a position to make an informed choice (Sen, 1999). This exposition to different realities is one of the focus of SFE bringing learners to appreciate the contradiction in the societies. The education proposed will enhance the learning opportunities by adopting appropriate theories and concepts, promote moral and ethical values and using the critical lens to point out the inconsistencies (Tozel et al., 2011; Tutwiler et al., 2013). Education enhances our autonomy and “expands human freedom” empowering for change as well as reinforcing rights (Walker 2008).

58 Sen (1999) claims that values and social circumstances influence how we exercise the freedom; he further argues that: “The exercise of freedom is mediated by values, but the values, in turn, are influenced by public discussions and social interactions, which are themselves influenced by participatory freedom” (p. 9). There is a linkage between political incentives and democracy. The participation in the democratic process has to be socially driven within the scope of the society. It is in this respect that SFE plays a huge role in preparing learners for life in a democratic society. CP rights fall within the CA, and within the framework of SFE, it has been seen as critical because it reinforces the right to express and be critical of perspectives that you find differently. This is in line with Dewey (1897) argument that “Through education society can formulate its own purposes, can organize its own means and resources, and thus shape itself with definiteness and economy in the direction in which it wishes to move” (p. 80). This idea by Dewey leaves the responsibility of the direction of change to the community; it is grassroots driven.

Walker and Unterhalter (2007) claim, “Social norms in non-ideal contexts

(everyday, real life) construct disadvantages, even where public resources might be equally distributed. A learner’s opportunities may be significantly helped by the choices of others—good teachers, productive peer relationships, enabling the public policy” (p.

9). CA principally focus on the wellbeing and quality of life not necessarily only about redistribution of resources but the capability to make a choice to have a better life. It is a freedom-focused approach. Education gives you the space to be that which you cherish and value. Education according to Walker (2008) is a “process of being and becoming in the future, and education’s fundamental objective of a positively changed human being”

59 (p. 149). The CA approach integrates the personal and social in expanding the capability of the individual. CA can be used to evaluate why people are not achieving their potentials by examining the structural and systematic issues based on a social justice framework. The findings from evaluations can lead to government intervention; capability is about opportunities; therefore, the government can create policies that establish an environment that should make options and capability available for individuals to choose. The situation in the ND is a failure of government interventions leading to conflict. These conflicts have at it root cases of social injustice. Therefore, to have development, the circumstances of injustices that produces conflict need to be resolved. Education is a powerful tool, and the CA is a framework that can be used to evaluate, empower and change the situation in the region.

This literature review places the ND situation with the prism of the SFE. It explores the role of education within the CA to diagnosis and remedies the cases of social injustice leading to violence. This literature review prepares the ground for the dissertation. The methodology proposed will be within the normative framework. There will also be reviews of CA applications forming the basis of exploration of possible adaptation or formulation of a framework/model for the use of CA in promoting social justice in the ND through the use of education/peace education.

60 Chapter Three

Capabilities Theory of Justice as a Theoretical Framework for the Niger Delta

Situation

The core problematic of the Niger Delta (ND) is the problem of the conversion of resources into wellbeing; this is a problem of distributive justice. Which theory of justice framework can be used to diagnosis and remedy the situation? Rawls (1999) in the

Theory of Justice stated: “Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise, laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust” (p. 3). Theories of justice are therefore used to regulate how rights and duties are shared in society. If the methods are not working or efficient, they have to be changed. Where there are unfair, unjustifiable, arbitrary inequalities, theories of justice should be able to rectify them (Rawls, 2009, p. 4-

6). This chapter responds to the first research question: Which theory of justice is most appropriate for the analysis of the ND situation? More specifically, is the capabilities theory of justice an appropriate theoretical framework for conducting this analysis?

Resource Conversion Problem

Enormous resources allocated to the ND area has not resulted in positive changes for the region nor the people. There is still colossal poverty, lack of infrastructure and conflict. Different strategies and intervention have been deployed to the areas as demonstrated in chapter one of this dissertation. However, the situation has not changed.

The amounts invested in the ND is vast according to Newsom (2011) the NDDC spent

$1.6 billion in 2010, while the Federal Ministry of Niger Delta Affairs, spent about $472

61 million. The oil companies in the region spent approximately $500 million per year.

There is nothing much to show for these vast resources deployed, Newsom (2011) further explained that part of the problem of the people inability to convert the resources could be attributed to

extraordinarily poor expenditure quality. Development spending by all

parties remains extraordinarily geared toward short-term goals, such as

reinforcing patronage channels, increasing political leverage, or ensuring

steady oil production. Immediate interests remain narrow and selfish; the

outside limit for most planning and management decisions is two to four

years, with larger strategic costs largely ignored. (p. 7)

Western development partners like the United States, the European Union, and the United

Kingdom commit about $380 million, $148 million and $206 million respectively yearly

(Newsom, 2011), yet the reality on the ground is that the life of the people has not changed for the better. The resources deployed is not improving the wellbeing of the people.

Evidence of Resource Problem

The ND is a development paradox with the resource conversion problem noticeable in the allocation of resources across the states of the ND. A study of the various resolutions of the National Council on Niger Delta (MND, 2018) shows a trend of projects for the benefits of the region. However, the allocation of these projects are not based on the felt need of the people nor based on consultations with the people. Nextier

(2015) stated,

62 Between 2010 and 2014, considerable funding estimated at N7.35 trillion (or

US$37.31billion) was channeled into the region for development. Despite this

quantum of funds, there is no commensurate improvement in the quality of life.

Consequently, the challenge in the region is not funding, but financial

governance, lack of coherent development plan and absence of coordinated

implementation. Against this background, a case is being made for a coherent

development strategy for the region guided by a common accountability

framework to deliver measurable outcomes. (p. 3)

This dissertation sees this problem within the prism of failure of the people to convert the resources deployed thereby not able to be that which they cherish. The acute poverty in the region in the midst of the large financial allocation and abundant natural resources is a cause for serious worry. In Chapter 2 of the Niger Delta Regional Development Master

Plan, the UNDP (2001) stated,

'The greatest flaw in these (past) poverty alleviation strategies is their 'top-

down' approach. The Federal authorities have taken all the initiatives. The

State and Local Governments were reduced to mere implementing

authorities. Even here, their areas of maneuvers were extremely limited as

autonomous institutions manned by people with extremely limited

experience were set up. It is needless to add that the involvement of the

supposed beneficiaries both in the conception and the implementation of

the programs were conspicuously negligible. (p. 108)

These top-down approaches and lack of consultation with the people has led to multiple failures in the implementation of projects where resources have been allocated.

63 On February 3, 2017, in a paper titled (Thisday, 2017) “Dangerous Beasts and

How to Tame Them: The 4-R Strategy,” the Managing Director of the NDDC, Nsima

Ekere, stated “the region has received $40 billion over the past 10 years, and sadly, there is little evidence to show for the sums spent. Poor governance of self and institutions are at the heart of public sector delivery challenges”. This situation shows resources wastage in the same paper he stated that 22 projects were duplicated and this duplication was valued at N1.188 billion ($3.4 million). The chairman of the board of the NDDC, Senator

Victor Ndoma-Egba, stated,

We must be partners, development partners to state and local

governments, and not competitors…Governors complain that member-

state governments make no inputs whatsoever into the NDDC budgets,

projects and programs and these are foisted on them to their disapproval.

Rather, than being a partner to member states, the Commission is instead

in competition, not only with states but with local governments in terms of

projects and programs. (Tribune, 2017, para.6)

The above reality shows an apparent disconnect between the people and those that make the decisions about the allocation of resources. These results in the conversion of resources problem. This confirms Dean et al. (2004) argument that “the importance of these primary goods or resources is derivative on the individual capability to convert them into valued functionings. And these converting capabilities are highly diverse among people, which weakens the supporting argument for resource-based equality” (p.

10). Therefore, the deployment of enormous resources in the ND has not translated to a change in the lives of the people. This is based on the inability of the people to convert

64 the resources to capabilities. This chapter, therefore, makes an argument on the choice of an appropriate developmental framework to resolve the problem of the ND.

Structure of Chapter

The problem of the ND can be articulated as a resource conversion problem. The enormous resources allocated to the region have not been converted into the realization of good lives and wellbeing of the people. The ND is a case of differential conversion factors and a problem of distributive justice. The primary criterion of evaluation is the capacity of the Rawlsian, Utilitarian and Capability theories to address this conversion problem adequately. This chapter explores and demonstrates that the Sen's capabilities theory of distributive justice is the most appropriate framework as compared to the two other prominent theories of justice: utilitarianism and Rawls’s theory of justice as fairness. It presents the capability approach (CA) in different settings and makes the justification for its applicability in the ND. It concludes by presenting arguments that

Sen’s theory is a good fit for the ND context. The chapter is divided into four integrated parts. However, it begins by exploring and presenting the argument for the CA against

Rawlsian justice as fairness and Utilitarianism as an overview.

The essence of this process is to answer the first research question which is to establish the preferred method as the CA then build the justification. After that, the first part explores the theories of justice from a philosophical framework of deontological and teleological perspectives, giving a broad overview of the framework within the context of focus, subject, and justification. The next section presents John Rawls theory of Justice as

Fairness; it explores its uses and gives a critique why its application in the ND will not solve the conversion problem, therefore making a case for the teleological framework.

65 The next part expounds on the Utilitarian theory of justice as an example of a teleological approach and its applicability in the ND. The section demonstrates that utilitarianism is not the best fit for the ND. The final part of the chapter scrutinizes the CA and presents a compelling discussion on its suitability for the situation in the ND.

Capability Theory Applicability in the Niger Delta

The participation of the people in deciding what they want is restricted in the ND.

The Niger Delta Citizens and Budget Platform (2009) argued that the development and provision of facilities are considered out of the benevolent of the political office holders.

The people, therefore, cannot question the ‘goodwill’ of what was offered to them. The effect is that resources are provided at a questionable cost, which is of little or no benefit to the people. The Niger Delta Citizens and Budget Platform (2009) concluded,

Besides denying the people development, their ability to monitor the

utilization of their collective resources is removed through the twin

instruments of ignorance and intimidation. While politicians are getting

rich, health care, education, and other facilities are in ruin, thanks to

corruption, mindless impunity, and progressive obliteration of the capacity

of the electorate to ask questions. (p. 10)

This situation has led to capability failure in the ND. The people are left at the mercy of the vicissitudes of life. Newsom (2011) also articulating the reason for capability failure in the ND blames the overbearing nature of government hold on resources and distribution. He stated,

If the quality of public expenditure and service delivery are to improve in

the Niger Delta, the present arbitrary, top-down mode of government

66 development spending must shift to a model allowing locals to participate

in identifying needs and priorities. In the delta, the village is the crucial

local entity in daily life and governance. It deserves a solid place in

choosing and delivering social services and cannot be ignored in any

reform efforts. (p. 12)

The (CA) can, therefore, anchor the framework, as it is the logical step in addressing the capability failure in the region.

The development of the capability approach is based on the shortcomings of the

Utilitarian and Rawlsian method to critically and effectively analyze issues of poverty, inequality and human-based development. The utilitarian ways seek the maximization of utility or resources at the people disposal; it prescribes distributions by what will maximize aggregate preference satisfaction in the total population. The individual freedom and choice of the persons concerning resources are not adequately considered as utilitarianism encourages and perpetuates adaptive preference where individuals in deprived conditions accept what they have as the desired option.

The Rawlsian method is lacking because of its "concentration on means to freedom, rather than on the extent of the freedom that a person actually has" (Sen 1995, p. 81). The assessment and evaluation which is a hallmark of CA analysis are concerned with what people can achieve based on their ability to convert resources. This calls for a shift from a means-based approach to an end-based approach implying that humans should not be a means for economic undertakings but should be the end. This approach recognizes the diversity and group disparities as such social constructs like gender, race, class, and age is taken into considerations as well as the societal cultures and values.

67 The value of resources are products of the opportunities given. Therefore capabilities give credence to those opportunities. Most economic based evaluative methods emphasis income, consumption, and resources but might not be able to detect inequalities. The data does not seek to inquire what the preferences are for example in a household; it might not discover the discrepancies on how men and women are treated.

The human agency is enhanced by public participation, public deliberation and reasoning inherent in the approach.

The economic way of measuring well-being as opulence or utility or resources has not reflected in the actual situation of the area. There is a difference in how people and communities convert the resources available to them. The traditional welfare economics emphasis on expansion of goods and services does not give adequate information on how individuals experience different commodities. This then necessitates an appreciation of how individuals perform with the goods and services.

The Rawlsian method is conceptualized in looking at “good things rather than with what these good things do to human beings” (Sen 1979, p. 218). There is no motivation to intervene when there is high marginal utility (expensive), no total utility

(contended) no primary good deprivation (he has what others have), then they should be another reason for intervention. Sen (1999) proposed that it is “shifting attention from goods to what goods do to human beings” (p. 218–219). This can be illustrated with the example of owning a canoe in the ND; ownership of a canoe is not in doubt, but if you cannot paddle, it does not change the characteristics of the canoe as a mode of transport in the riverine areas. However, your ability to move around in the ND has not changed by ownership of a canoe because you cannot paddle and use the canoe. If we conceptualize it

68 in concerning primary goods, it will be assumed that owing a canoe have solved the mobility problem but articulating it from the CA highlights the freedom you have and the ability to utilize it. Therefore, the interest should be on the people and their capability to be that which they cherish.

The CA is a people-oriented theory that focuses on individual merit and ends instead of means, it is better positioned to handle diversity and discriminations, and this is against economic based approaches that lack plurality in judgment as they are more interested in how people interact with commodity than on the people (Anderson, 2010;

Sen, 1985). The need of the people should not be based on marginal utility or total utility nor primary goods, but instead, it should be founded on the ability of individuals to do and to be — the freedom of the people to choose and convert the resources that are provided.

The allocation of considerable resources to the people of the ND has not led to the transformation in the life of the people. The resources have not been converted into capabilities leading to frustration, conflict, and militancy. The problem is a case of structural violence leading to direct violence. How can the people of the ND benefit from the resources deployed to the region? This dissertation argues that there is a need to articulate and adopt the CA as the standard for the just distribution of resources in the area. These following sections, therefore, make the argument to support and demonstrate that the CA is an appropriate theoretical framework to analyze the ND situation.

Deontological and Teleological Philosophical Perspective

When there is injustice in society, there is a need to articulate the quest for justice.

There are various means of analyzing and seeking justice. There is the consideration of

69 institutions regulated by just principles within which social cooperation occurs, and there is the consideration of the quality of life, which is realization/outcome-focused. Thus, justice can be theorized from within both deontological and teleological philosophical perspectives. The discussion of the appropriate approach will be the teleological approach versus the deontological approach. The deontological approach of John Rawls Justice as fairness as well as the teleological approaches of utilitarianism and CA will be explored.

Deontological framework. The deontological framework is based on the standpoint of duty and obligation, the realization of the right. The deontological approach gives priority to the right over the good, is a duty-based framework that propagates the idea that the end does not create a justification for the means. In a sense, it attempts to justify the validity of moral principles of right independently of any substantive conception of the good. The emphasis is on a justification that an action is right or wrong not if the outcome of the action is right or wrong. It looks to define what we owe each other and what we can rightly demand of each other as a matter of our living together in a shared world. What is right in principle, in turn, should regulate both our conception of the good and its pursuit.

Alexander and Moore (2016) defined deontology as “kinds of normative theories regarding which choices are morally required, forbidden, or permitted …deontological theories judge the morality of choices by criteria different from the states of affairs those choices bring about” (p. 1). The implication is that no matter how good an outcome might be, some options and choices are morally forbidden because it is not right. Therefore, the right is preferred to the good. There is an obligation to keeping the rules irrespective of the outcome. Alexander and Moore (2016) state it this way “If an act is not in accord with the

70 Right, it may not be undertaken, no matter the Good that it might produce” (p. 2). The amount of happiness or pleasure an action brings does not help to determine the rightness.

It is rule-based, has a commitment to obligation or duty, the emphasis is the attention directed to itself with a focus on the right. The right is in keeping and abiding by the morally valid, justifiable rules.

Teleological framework. The teleological framework is based on the premise that good or bad action should be determined by only the outcome or consequence of the action, not necessarily its consistency with established independent moral principles of right. Teleological is a results-oriented and consequential framework. The emphasis is on the outcome; it measures the amount of good or bad based on the consequences of a behavior. Its focus is on what is good; it defines the right regarding the realization of the good, that is, the consequences of the action. Outcomes are context determined; what might be wrong in a given context might be right in another context. The teleological perspective emphasizes the good as a state of affairs, individual and collective; actions that bring about more good are considered to be right. The good is before the right and determines what is right. The teleological framework has utilitarian, capabilities, pragmatism, interpretive and others.

The teleological framework focus is on the people, their wellbeing and the state of affairs. There are various interpretations of the good; some are based on the pleasure, desire satisfaction like the utilitarianism. There is pluralist, who perceive the pattern of distribution as part of the good (Alexander, & Moore, 2016). However, the difference in the teleological framework, the concept is still the same as stated by Alexander & Moore

(2016) that: "action would be right only insofar as it maximizes these good-making states

71 of affairs being caused to exist. However, many consequentialists differ about what the

Good consists in; they all agree that the morally right choices are those that increase

(either directly or indirectly) the Good" (p. 1). The consequences based framework argues on the outcome that an action that increases the good is the preferred option. Sen

(2009) stated that the “outcome is meant to be the state of affairs that results from whatever decision variable we are concerned with, such as action or rule or disposition”

(p. 215). There are two kinds of outcomes, comprehensive and culmination. The comprehensive result is what happens to you and how it does happen to you this should include actions taken, agencies involved, and processes used while culmination outcomes are not concerned about the relational consequences of the action, they are the consequences that come to you (Sen, 2009).

The ND situation is a consequence of structural failure leading to violence. It is also a problem of differential conversion of resources into functionings. The deontological perspective is based on the right, an obligation to obey the rules. The emphasis is on sets of rules and regulations. The consequences of those rules and actions are not imperative in determining the right. The engagement in the ND with rules put in place by the federal government have not brought transformation to the people. It can, however, be equally argued that the rules have not been adequately implemented, but the reality is that there are rules that are applied and it has not changed the reality. Therefore, a deontological perspective with its emphasis on the right has not brought peace and prosperity to the ND. The teleological framework that specifies the good, the realization of the good where the agent is neutral is considered a possibility.

72 In chapter 2, the relevant literature concerning the teleological perspective of utilitarianism and CA was discussed. The teleological perspective is based on the belief: as moral agents, we reason the ends of our conducts, the deeds, therefore, are directed towards achieving a specific action. Thus, there is deep consideration and analysis before the action is carried because the consequence of the deeds is evaluated. For example, stealing might not be considered wrong or right independent of the context and effect of the action. If my children are going to die of starvation without food, will it be morally wrong for me to allow them to die? Therefore, stealing bread from the supermarket might not be considered wrong or right without looking at the context and outcomes. However, there are other considerations, too, that have to be factored into the action; this includes the effect of my activity on the supermarket. What are the outcomes if I get caught?

What are the alternatives? Will I be sent to prison? What will happen to my kids? A teleological framework perspective does not consider the motives to determine the right or wrong but the likely long and short-term consequences of the action. The analysis of the effects of an action to assess its good is the basis of the teleological framework.

Teleological approaches are not information-rich except in combination with a theory about the impact of the action.

Rawls’s Theory of Justice as Fairness

Rawls’s theory of justice as fairness is articulated as an extension of the social contract tradition. There are two core dimensions to Rawls's theory: an articulation and defense of two politically liberal principles of justice and the articulation of a method of normative theory construction or moral justification.

73 Rawls’s Principles of Justice. The articulation of Rawls’s principles of justice rests upon a conception of society as a fair system of cooperation regulated by fair terms.

The principles of justice as fairness apply only to the basic structure of society, its primary system of institutions and the operational terms or principles that regulate them

(Rawls, 1971; Rawls, 2001). Rawls articulates six basic ideas as the foundation of his theory: society as a fair system of cooperation, a well-ordered society, and basic structure of society, original position, and citizens as free and equal, and public justification. The primary subject of justice is the basic structure; it influences those who live in its institutions and pays particular attention to issues of inequality and injustice. This injustice can manifest in various forms, which include social class, natural talent and good or ill fortune. However, is intended to articulate valid principles for the distribution of primary goods (i.e., all-purpose means), such as freedom of thought, movement, powers/position of authority, income/wealth and fundamental aspects of self-respect that are needed by citizens to define and pursue their own conception of the good life in ways that respect the rights of others to do the same within a democratic society.

Therefore, a democratic society is one with free institutions that regulate the affairs of individuals within the basic structure (Rawls, 1971; 2001). The result is a society that can be said to be a fair system of cooperation, where the participants are recognized as free and equal within a well-ordered society, a community whose basic structure is regulated by valid, commonly shared, and affirmed principles of justice. This calls for the establishment of a basic structure (social and political) that works in harmony thereby ensuring that the citizens are free and equal. The expectations are that

74 society will allow a decent even though not perfect political order. The emphasis is not on individuals but institutions like the constitution, judiciary, properties, business/economy and nature of family as the basic structure for political and social justice. It is the basic structure that forms the framework for the society to operate, including individuals and associations.

The basic structure is the way that the political and social institutions work harmoniously in social cooperation to order the affairs of the people. It is a system of assigning duties, rights and representation in the society. It has the mechanism for resolving all conflict that might come up. The basis of the agreement is the acceptance of a fair system of cooperation. There are three criteria for the political conception of justice; everybody accepts and knows that everyone agrees with the political notion of justice. The acceptance is based on public acknowledgment and agreement. The life in the community is regulated by the political idea of justice, the rules, mechanisms, and regulations of the institutions that control the underlying structures are known and accepted. The citizens understand the rules and act accordingly for it provides a basis and space for citizens to contest and adjudicate in cases. When the public generally accepts the rules, procedures, and order to regulate their affairs, there are in social cooperation.

They are in fair terms of cooperation when the parties reasonably honor the sets of rules.

This is based on the principles of reciprocity and mutuality; people accept to perform functions because they expect all to behave in an agreed manner. The cooperation is based on the supposed good each person will benefit from the collaboration; this involves an aspect of reasonableness.

75 Reasonableness entails a sense of justice in the sense of action regarding the priority of right as well as the “duty of civility,” the obligation to offer public reasons to others in terms that are mutually recognizable and shared. This constitutes the principle of reciprocity. Rawls (2001), therefore, differentiated between a reasonable and rational person. Reasonable persons honor their obligations even if it is difficult. There are cases where the action might be unreasonable, yet it might be rational. He opines that

“common sense views the reasonable but not, in general, the rational as a moral idea involving moral sensibility” (p. 7). People can be unreasonable yet rational if they accept ideas only when it is to their advantage and refuse when it does not favor them; this has to do with changing power dynamics. Rawls stated two principles of justice for a democratic society stipulating the fundamental rights and to regulate social and economic structures.

The two principles are lexical priority arranged that the first principle has priority over the second principle. Within the second principle, the difference principle comes after the fair equality of opportunity. Rawls (2001) stated the two principles as such:

Each person has the same indefeasible claim to a fully adequate scheme of

equal basic liberties for all; and social and economic inequalities are to

satisfy two conditions: first, they are to be attached to offices and

positions open to all under conditions of fair equality of opportunity; and

second, they are to be to the greatest benefit of the least-advantaged

members of society (the difference principle). (p. 42-43)

The first principle is the nexus for political, constitutional order; it guarantees the political liberties where citizens have fundamental rights and liberties. These

76 fundamental rights cannot be traded off for social goods. The importance of this principle is that it upholds the rights of all individuals to fundamental liberties. These basic liberties include freedom of speech, liberty of conscience, right of private individuals, corporations, or workers to own private property, human rights, freedom of association, rights to vote, rights to hold political office without discrimination as all are treated equally and liberty of the person as well as to handle in accordance with the .

The second principle discussed the arrangement of social and economic inequalities. The second principle articulates the fair equality of opportunity in the first part guaranteeing that citizens should not be discriminated based on the lottery of birth, which is they should have equal chance to succeed relative to their talent and ambition.

The second part which is the difference principle guarantees that natural endowment should not be the basis for exploitative entitlement. The skills should be used to make everybody better. Therefore the natural entitlement should be considered as community assets; this can be used for social harmony as citizens believe that all people benefit from natural gifts. The ordering implies that first principles take precedence over the second, but inequalities should not result from the loss of freedom or abuse of human rights. The second principle is designed to guarantee the fair value of the basic scheme of liberties.

These principles are the basis for the creation of a just society according to Rawls. Before turning to the question of the applicability of these principles to the ND, which will be discussed below, a brief about Rawls’s method of justification for justice as fairness is presented.

Method of justification for justice as fairness. Rawls’s approach to justification constitutes the methodology of moral constructivism. Moral constructivism is a process

77 of justification of moral norms through a procedure of deliberation that is structured and defined regarding fairness, hence justice as fairness. Moral constructivism employs standards of acceptable restrictions on reasons that parties may appeal to justify the validity of moral norms. From this perspective, valid justification is constructed through a procedure of deliberation that deploys normative procedural constraints presupposed as constitutive of valid moral judgment. The normativity of the results of consideration is transferred from the normative validity of the procedure to the outcome, the agreement between the parties. The efficacy and legitimacy of the issue of the consideration are contingent upon the justifiability of the normative procedural constraints. Rawls refers to this constructivist conception as the idea of pure procedural justice; the validity the moral principles of justice and thus their normative force are constructed through a fair procedure of intersubjective justification (Rawls, 1971; Rawls,

2001).

In other words, agreement concerning the principle of justice needs to be conducted under fair conditions. This deliberative process is modeled in the procedure of the Original Position. The original position fulfills the requirement of free and equal persons in taking into consideration the moral powers of citizens as self-authenticating sources of valid claims. It is a device of representation, a thought experiment; a hypothetical, abstract and non-historical agreement; it is typically worked out deductively and is designed to demonstrate the idea of the contract under fair conditions. One feature of the original position is that it removes any bargaining advantage from the deliberation.

This represents two core elements of fairness: equality and impartiality. The parties are situated symmetrically they have equal standing by removing social and historical

78 advantages. The veil of ignorance helps establish a level playing ground for the participants and impartiality, as they are not aware of specific information: person, race or social (White, black, rich, poor, disabled, tall or short, male or female, smart or dumb, lazy or ambitious) that will bias their decisions. This situation creates a basis for a decision that can be fair and acceptable to all. Under these conditions of fairness, Rawls argues that the parties will rationally choose the two principles of justice discussed above, for under these conditions of fairness they will seek to guarantee the fair value of liberty and the social basis of respect for all. Rawls (1999) argued that from the original position and under the veil of ignorance his principles of justice would be accepted.

The original position extends Rawls views of the social contract theory and helps to appreciate political constructivism; thereby establishing the objectivity and validity of political judgments, which lies at the center of the original position. It is the interrelationships between person and society and how through the process of public reasoning justice is accepted. In the original position citizens as free and equal deliberate on the principles of justice and its applicability to the institutions of the society. The decisions are made through overlapping consensus, which is valid and objective irrespective of the motivations for the actions of the citizens.

Rawls articulated how such decisions can be made in such a society. Rawls

(1971) stated, “Principles of justice are those that could be the object of mutual agreement by persons under fair conditions” (p. 12). Rawls strived to express his vision within the political and social sphere and called it a ‘political concept of justice.’ It is the basis for enunciating how a society can be governed and integrated into a system of social cooperation; it is not generated from a general and comprehensive doctrine (Rawls,

79 1987). The idea of a political conception is created out of the need to respond to pluralism, which is the existence of metaphysical, cultural, religious, philosophical diversity. Its focus is to recognize injustices and suggest potential solutions as stated by

Mandle, (2000); it was not meant to be a broad religious or moral doctrine, but a framework idea for political and social institutions.

The method of overlapping consensus as a method proposed by Rawls can be used to achieve the political conception of justice where citizens with a different conception of justice can agree on the principle of justice that is acceptable to the institutions of the basic structure of society. According to Rawls (1971), citizens will agree despite "considerable differences in citizens' conceptions of justice provided that these conceptions lead to similar political judgments” (p. 340). This is possible as citizens forego metaphysical arguments for moral reasoning for the good of society.

Citizens accept a political conception of justice for internal reasons and will individually and in their groups work out how it fits with their worldview and values. The reasons for acceptance might be different, for various groups of citizens aside the stated reasons. This makes an overlapping consensus for each group have a different idea for recognition but all for the good of society. Overlapping consensus can help stability in the community against an ordinary balance of power. However, Rawls stated that overlapping consensus is not always possible and might not last forever when established for various reasons but where it is possible it is the best system for stability in a system (Rawls, 1987). Another method of justification is reflective equilibrium.

Reflective equilibrium is a method of justification for Rawls’s theory of justice as fairness. It is the culmination of a deliberative process. Reflective equilibrium according

80 to Rawls (2005) is a process of bringing our considered judgments and convictions in coherence with our principles of justice. It is a method of reflection on the consistency between our beliefs and principles. If there is an inconsistency between them, then that prompts further consideration until an equilibrium is reached. This process is first conducted individually to achieve a narrow reflective equilibrium, and later it is expanded to include deliberation with others in the process of public reason to reach wide and full reflective equilibrium. It is the state where the individual judgment on justice is in equilibrium with others and all (or most) in the community share a common public conception of justice (Rawls, 1971; Freeman, 2016; Daniels, 2003).

Critique of Rawls’ Justice as Fairness. The ND produces the majority of the revenue of Nigeria. Enormous resources have been devoted to development in the area.

However, the reality as argued in chapter one of this dissertation is that not much has changed for the people; it is not a question of resources deployed but the ability to convert those resources to improve the living condition of the people. This chapter explores the appropriate theory that will solve the conversion problem. The utilitarianism, justice as fairness and capability theories of justice are analyzed to determine which can more favorably remedy the conversion problem in the ND. Rawlsian justice as fairness is based on the conception of enthroning just institution needed in the basic structure of society for treating people fairly by avoiding bias. This section argues that the Rawlsian method could not solve the problem of the ND.

The Rawlsian focus on perfect institutions ignores the behavior of persons which is a great indicator and have direct implications on how institutions work. The social contract theory has a significant influence on the work of Rawls. The applications in

81 cooperative society, equality, distribution versus production will be highlighted as some of the shortcomings of the Rawlsian theory as an appropriate framework for diagnosis and remedy of the ND situation.

The Rawlsian theory focuses on just institutions in a liberal democratic society.

Sen (2009) questioned and critiqued the quest for a just and perfect institution that could enhance justice. He felt that transcendental institutionalism is based on an assumption of what a society should be rather than on actual institutions. Institutions are important, but their role is only instrumental, it can help enhance the life the people want to live, scrutinizing values through the process of public reasoning. However, Sen advocated a need to prevent injustice rather than seeking a perfect institution for such justice will enhance the wellbeing of the people. He stated

justice could not be indifferent to the lives that people can live. The

importance of human lives, experiences and realizations cannot be

supplanted by information about institutions that exist and the rules that

operate. Institutions and rules are, of course, significant in influencing

what happens, and they are part and parcel of the actual world as well, but

the realized actuality goes well beyond the organizational picture, and

includes the lives that people manage – or do not manage – to live. (p. 18)

This point of departure from a search for the perfect institutions and the rules that support it to a focus on freedom of the people to choose. This places the people at the heart of development policies, thereby enhancing their ability to convert the resources deployed.

This has the effect of promoting social justice as the people are taken on board in the

82 deliberations. It is, therefore, not about institutions but institutions that support social justice.

The Rawlsian method postulates on an institutional framework for the design of the basic structure; it does not address social injustice sufficiently, it is detached from the actuality, it does not give options for solving or making decisions to solve problems of social justice. It is based on a hypothetical deliberation process in the original position under the veil of ignorance. The deliberators representing citizens are to agree on a public criterion of justice ensuring equality for all persons while protecting the concerns of the citizens. Rawls claims this provides fairness for all. Sen (2009) argues that justice needs to pay particular attention to the plurality and differences. He stated, " the plurality of reasons that a theory of justice has to accommodate relates not only to the diversity of objects of value that the theory recognizes as significant but also to the type of concerns for which the theory may make room …..Judgments about justice have to take on board the task of accommodating different kinds of reason and evaluative concerns" (p. 395).

The Rawlsian framework is based on articulating institutions that promote justice; however, it does not adequately cater for the difference in people. It is based on the assumption that a just institution will solve problems of injustice.

Rawls’ Justice as Fairness and the conversion problem in the Niger Delta.

Justice as Fairness describes "a just arrangement of the major political and social institutions of society: the political constitution, the legal system, the economy, the family, and so on" (Rawls, 1971, p. 13). These are the institutions that make up the basic structure, in here, opportunities, burdens, and benefits of social life are articulated, distributed and resolved (Rawls, 1971, p. 15). In this respect, Justice as Fairness aims to

83 depict a just organization of the political and social institutions, which form the basic structure of society.

There is a focus on institutions, and the individuals are not adequately represented. The resource problem is about individuals being able to convert the resources deployed for their use. The Rawlsian deep consideration for institutions pays less attention to the people leading to waste in the allocation of resources which is part of the resource conversion problem. There is a restriction on the role, and choice individuals have to make, all that is expected of citizens in a just society is to comply with the rules that they have mutually agreed to as outlined in the basic structure of society. The ability of the citizens to convert the resources is not a factor in the agreement. The expectation is that the institution will take care of the people. However, the reality of the ND makes this unattainable as will be shown later in this section.

Closed system liberal democracy. The Rawlsian theory is ideal for a closed system liberal democracy, the interrelationship with the international community was not part of the consideration in the deliberation; it is ignored. This situation is relevant in the

ND because of the prevalent of oil which is a community sold in the international market and has vast implications for economies globally. How does this contribute to the conversion problem in the ND? The need to ensure continuous oil production is paramount for the oil companies. The global oil multinationals are interested in profits and not necessarily on the people. The collaboration between the oil companies and the government is to ensure production thereby putting enormous pressure on the communities. The method is through patronage and deploying resources based on interactions with leaders who are not in tune with the people. Therefore, the facilities

84 provided at inflated costs are not what the people want, and most times do not contribute to the wellbeing of the people. The inability of the people to convert the resources deployed is not adequately considered by the oil companies. The interest of the companies is on profit, which continuous oil production ensures. Rawlsian framework did not factor this external factor in the hypothetical situation on which the principle is based, even in the ‘Laws of the People’.

Rawls (2001) presents an extension of the original position for international situation. In the Law of Peoples, he stated, “A particular political conception of right and justice that applies to the principles and norms of international law and practice” (p. 3).

However, the conversion problem in the ND cannot be solved with the adaptation. This is based on factors including that the deliberators are representing peoples who are ‘liberal or a decent domestic institutional order’ rather than persons. The deliberators have the task of agreeing on good rules for engagement bothering on what cooperating people should and will honor. Rawls stated that the following eight rules would be agreed:

1. Peoples are free and independent, and their freedom and independence are to

be respected by other peoples.

2. Peoples are to observe treaties and undertakings.

3. Peoples are equal and are parties to the agreements that bind them.

4. Peoples are to observe a duty of non-intervention.

5. Peoples have the right of self-defense but no right to instigate war for reasons

other than self-defense.

6. Peoples are to honor human rights.

7. Peoples are to observe certain specified restrictions in the conduct of war.

85 8. Peoples must assist other people’s living under unfavorable conditions that

prevent their having a just or decent political and social regime. (p. 37)

These conditions which Rawls articulated on the ‘laws of the people’ are not applicable in the ND.

Therefore, the global interest in oil means that the international community needs to be a factor. Rawls did not propose international institutions to monitor and remedy these situations of inequalities leading to the inability to convert resources. He reaffirms the importance of political, religious and cultural values in the society as a check, he stated “that there is no society anywhere in the world—except for marginal cases—with resources so scarce that it could not, were it reasonably and rationally organized and governed, become well-ordered” (p. 108). The situation in the ND has proved this situation is not applicable. The organization of society is possible if there are no overbearing external factors. The importance of oil in the global market means that there are lots of stakeholders interested in the ND and it influences the situation with the people being less powerful are at the receiving end. Therefore, a Rawlsian theory that looks at institutions without adequate interest on the people has grave implications in the

ND as the need of the people are not adequately considered and this has led to lack of conversion of the resources in the region.

Ideal and non-ideal theory. Rawls argued about the ideal and non-ideal theory and stated that his method should work in the ideal based on two assumptions, that it is legally binding on all actors and citizens who will obey and compile by the principles chosen. The ideal condition can prevent the resource conversion problem. However, the non-ideal embodies the resource conversion problem. This section analyses Rawls

86 argument and places the ND as an example of the non-ideal situation which encourages the resource conversion problem.

The conditions for an ideal situation assume a peaceful and law-abiding society where there is no violent conflict. The second assumption is that there are acceptable social conditions, this is based on the premise that institutions provide what is essential for a good and healthy life, which makes the citizens compile by the dictates of the political cooperation (Rawls, 1971, p. 11). A careful consideration of the situation in the

ND shows that Rawls two basic assumptions might not be a good fit to solve the conversion problem in the ND. If the two premises do not hold, it can be stated that his principle might not hold. Let us analyze the assumptions.

The first assumptions call for citizens to accept the principles as binding and willing to obey. The process of enacting the laws was not facilitated by the method of public deliberation, these laws were not subjected to public scrutiny and consideration, and the acceptance is questionable. The deontological perspective of obeying makes this situation untenable because it has not brought peace and development to the region. The militarization of the area is based on the refusal of the people to accept the status quo leading to protest, violence, and militancy. This situation might apply to other principles of justice, but it is essential here because the emphasis is on the rules not on the outcomes of the rules.

The second assumption is a suitable social arrangement where citizens have a reasonable life without famine, hunger and state failure. This condition is crucial for it lies at the heart of the obligation to provide for the people. The inability to meet a minimum basic life leaves a moral burden on society. The devastation, deprivation and

87 lack of good experience in the ND make the attainment of this assumption impractical as the ND fits the non-ideal situation.

Rawls proposed that his principle is for ideal situation only after the ideal condition will the non-ideal be considered concerning the ideal. Rawls (2001) recognizes the importance of a well-ordered society that provides support for the fulfillment of the basic needs of the people. He argued that burdened societies need to be supported to have just institutions to make a difference in the life of the people. The alternative is a society

“burdened by unfavorable conditions... lack the political and cultural traditions, the human capital and know-how, and, often, the material and technological resources needed to be well-ordered” (p. 106). This scenario is reflective of the situation in the ND.

How does it affect the conversion problem?

The institutions regulate the lives of society through the provision of essential amenities that enhances the wellbeing of the people. Rawls articulation for the ideal situation implies that the resource conversation problem should have been resolved as the institutions will be working. Therefore, the failure of the ideal condition which is necessary for implementation makes the principle not appropriate for the situation in the

ND. When the resource conversion problem has been solved, then the Rawlsian framework can be applied.

Cooperative society. The basis of justice as fairness is a cooperative system. The conditions in the ND are not based on an agreement under fair circumstances, thereby leading to a basic disordered structure not regulated by the principles of justice. This disorder in the basic structure where the institutions are not consulting with the people and working is the reason for the conversion problem in the ND. Recall that cooperation

88 increases and improves the living standard of the people in comparison to individuals struggling strictly on their own accord. As stated by Rawls (1971),

It is clear that the well-being of each depends on a scheme of social

cooperation without which no one could have a satisfactory life. Secondly,

we can ask for the willing cooperation of everyone only if the terms of the

scheme are reasonable. The difference principle then seems to be a fair

basis on which those better endowed, or more fortunate in their social

circumstances, could expect others to collaborate with them when some

workable arrangement is a necessary condition of the good of all. (p. 103)

These conditions have not been met in the ND and make a possibility of cooperation almost impossible, which is witnessed by the constant violent conflicts. Rawls (1971) also stated that "In all parts of society there are to be roughly the same prospects of culture and achievement for those similarly motivated and endowed" (p. 44). This reality is far from the situation in the ND. There is a massive divide between the rest of the country and the ND; also as described in chapter one, the ND is not monolithic. This difference has a significant impact on the ability to convert resources. The situation of designating the region as disadvantaged have not helped nor uplifted the ability to convert resources to prevent waste. Therefore, the fair equality of opportunity has not been met as the conditions are not practicable and have not worked. There is a link to the conversion problem because social cooperation entails peace which can facilitate a deliberative process where allocation and distribution of resources can be discussed and agreed. However, as argued the people of the ND have not benefited from fair equality of

89 opportunity and are not in beneficial social cooperation thereby making it difficult to solve the conversion problem with Rawlsian principles.

Distribution versus production. There is a need to query and investigate our actions to ensure conformity with reasoned scrutiny. In appreciating the question of distribution, we recall Adam Smith writing in the Wealth of Nations, Smith (1887) “it is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest. We address ourselves, not to their humanity but to their self-love” (p. 26). The interest of parties is always factored in resource distribution. However, the story of the ND has defied that logic, and it is part of the factors that are causing the inability to convert the resources deployed to the region leading to agitation. This can be interpreted as the taking from the area and what is given in return has not justified the benevolence of the area nor is it what the people want.

The application of the difference principle in the ND emphasis only the distribution of the resources; there is no consideration about the production, the effects of production, the externalities and those that bear the cost. The Rawlsian analysis highlights the distribution of resources, but there is no comprehensive discussion of how the resources are produced. Rawls (1971) stresses,

The infinitive notion here is that the basic structure contains various

social positions and that men born into different positions have different

expectations of life determined, in part, by the political system as well as

by social and economic circumstances. In this way, the institutions of

society favor certain starting places over others. These are especially deep

inequalities. Not only are they pervasive, but they affect men's initial

90 chances in life, yet they cannot possibly be justified by an appeal to the

notions of merit or desert. It is these inequalities, presumably inevitable in

the basic structure of any society, to which the principles of social justice

must in the first instance apply. (p. 8)

The class differentiation which affects production was not a subject of analysis from

Rawls, while the effects of the natural lottery should be minimized. The difference principle applies to institutions and regulates the institutional distribution of wealth and income to ensure that the gap between the wealthiest members and poorest members of the society is not too large but within a reasonable range. In particular, it is designed to ensure enough wealth for everyone so that all have the social conditions for self-respect and enjoy the fair value of their rights. The absence of fair equality of opportunity and the distribution of inequalities of primary good has not benefited the poor in the ND. The implication is that countless generations will be subjected to a life of not fulfilling their life goals but getting the minimum that can be offered. This is because the gap will be progressively getting large, due in part to the difference in the conversion of wealth, which was not factored.

The Rawlsian principle does not take this into account the environmental conversion factor and the environmental externalities in resources produced in the ND.

DiQuattro (1983) stated it thusly: "unequal distribution is not the outcome of any of conscious decision taken by individuals or by society by one principle or another, but of unequal relations of production" (p. 55). This lack of consideration for production is further supported by Frost, (2014) who stated that “…the question of how the goods to be distributed come into existence is neglected in a pure goods focused view; hence, issues

91 of production and its just organization are largely ignored” (p. 4). This situation is enhanced by the unequal relationships and power dynamics between the oil companies, government, and the community are not in favor of the communities leaving them at a huge disadvantage. If the question of production and the conversion factors are carefully discussed and analyzed, then the distribution will be more comfortable. This is because all the elements in the production are examined and factored in the allocation of the resources. The implication is that the allocation of resources is then based on real felt need thereby promoting social justice.

Conclusion applicability of Justice as Fairness in the Niger Delta. Rawls

(2005) defined the basic structure of society as "the way in which the major social institutions fit together into one system, and how they assign fundamental rights and duties and shape the division of advantages that arises through social cooperation" (p.

258). The society that can implement Rawlsian concepts need to be liberal democratic as the basic structure of the community is developed, and social arrangement is provided for the people. Rawls proposed that an ideal nature where the necessity of life is provided for the people is essential as well as a society to be organized around order and rules. The situation in ND is far from the ideal society envisaged by Rawls in the development of his theory. This makes applying the principles difficult because the underlying assumptions for its implementation are not currently feasible. The cooperative nature needed for the application of the principle is not available in the ND.

The Rawlsian method looks at "good things rather than with what these good things do to humans" (Sen 1979, p. 218). This emphasis does not acknowledge the individual conversion factor. The conversion factors play a role in how resources can be

92 converted into capabilities. It looks at the provision of resources to justify progress without taking into consideration how resources are deployed and the conversions.

Therefore, the resulting implications are that the effect of the resources is not the basis of the analysis but rather the quantity of resources.

The violence in the ND has as part of its root the effect of oil production in the communities. The Rawlsian principle did not articulate the question of production but instead concentrates on distribution, where the aim is that the disadvantaged are not worse off. The difference principle will not alleviate the poverty of a significant number of people but will perpetuate the inequality by supporting the status quo. In essence, the oil companies can keep making a profit as far as some trickle down to the communities.

This situation will perpetuate injustice in the distribution of the resources because the adverse effect of production is not adequately factored in distribution. While it might be argued that more resources are deployed to the ND because of the increased revenue from oil, the negative externalities are not considered nor the ability of the people to convert the say resources. Therefore, the beginning will be the enthronement of a democratic deliberative process that will be guaranteed by a basic scheme of liberties. This is followed by the provision of essential social amenities to make life better for the people as envisaged by the ideal situation and the people having a say in how resources are allocated and implemented in the region. This section argues that the Rawlsian method could not adequately address the conversion problem in the ND. In the next part, a case is made for the maximization of utility as a concept that could be used in addressing the issue in the ND.

93 Utilitarianism

Utilitarianism is a teleological theory that searches for the universal good. It is based on the conception of the right, as the right is defined as the realization of the good.

There is the attempt to ensure equal consideration of each person as the basis of a social choice to determine what is right; it employs the maximization of the good as the total of all the individual goods. The good is separate from the right, while the right is maximizing the good. In appreciating the consequences of the action that produces the greatest net utility, there is a need to differentiate between accessing an action and evaluating the persons who did the action. There is no special consideration given to any member of society; everybody is treated equally as the decision is made from an impartial perspective. How then can the good and the consequences be expressed?

Peter Singer in his work The Ever Expanding Circle explained that the good has to be decided first before the consequences can be considered, this is in line with various conceptions of the rule and act utilitarianism discussed in chapter two. Peter Singer acknowledged utilitarianism "in its simplest, classical form; utilitarianism is the theory that an act is right only if it does at least as much to increase happiness and reduce misery, for all those affected by it, as any possible alternative act" (2011, p. 64). There are different forms of utilitarianism, but there has one idea in common which is based on the framework of maximizing utility, this implies increasing the aggregate good and decreasing the bad, the activity that produces the best consequence should be sustained.

Agents should accomplish tasks that maximize aggregate utilities, it is in the consequentialist tradition, and the options are based on the maximization of utility for the people concerned. This is achieved by summing up the benefits and damages from the

94 action on members of the society and accepting the proposal that brings the most significant advantage to sum and overall highest number of citizens.

The concept of the right is based on the consequence of the action, what is good and desirable is the right. The right course of action in any condition is that action which will maximize utility. An action is right or wrong based on the effect of the action.

Therefore, the moral end of society and the action of individuals is to maximize happiness. This comes with the assumption that the individual and collective aspirations are realized by advancing the collective goals. The greatest good for the highest number is a way of explaining the principle. The principle advocates that the purpose of government is to create welfare for the general wellbeing of society. This does not cater to the individual preferences as the collective goals, which are reflected in the right, is paramount.

Utilitarianism and the conversion problem in the Niger Delta. The conversion problem in the ND is a case of distributive justice. The determination of the justness and unjustness is contingent upon whether or not the current distribution maximizes aggregate utility defined as preference satisfaction or economic development. The process of its determination would involve a calculation of collective preference satisfaction in the ND or the aggregate of economic productivity. The application of the utilitarian principles in the ND is inadequate to address and remedy the conversion problems identified. The following argument help to illustrate the point.

Violation of individual rights. The aggregation of measures in the application of the utilitarian principles leaves the possibility of violations of people’s right. The consideration for the highest good can lead to the neglect of the need of the minority. The

95 greatest good concept has led to the aggravation of the resource conversion problem because resources are allocated not based on the need but based on the maximization of utility. The essence and one of the principles of utilitarianism is impartiality and not giving special priority to groups thereby transcending sympathies for the greater good.

This principle might end up violating the rights of others who are ignored. In the maximization of happiness, there is the problem of quantifying or summing up pleasure.

There is the possibility of infringing on the rights of individuals. The individual responsibility is not always acknowledged as the difference between what we do for ourselves and what is allowed to happen to us.

The situation of quantity in number is sacrificed in for quality for at each point the essence is to maximize happiness or satisfaction. The concept of the greatest good for the majority imply that the government might take the money and other resources from a group to satisfy other groups. The fundamental problem for utilitarianism in its application is the fact that governments, forcefully, take resources from one group and give it to another group based on the maximization of utility. This is the case of the ND being a minority group in a multiethnic country like Nigeria. The greatest good of the majority is considered and thereby leaving the people of the region with resources which they are not able to convert because their needs have not been adequately articulated and addressed.

Non-accounting of distinctions in individual goods and diverse identity. The human experience is quite diverse and varied; the utilitarian approach does not recognize this diversity as it strives to allocate resources based on the maximization of utility. The resources conversion problem is based on the inability of the people to convert resources

96 deployed. This inability can be linked to the diversity of persons that were not taken into consideration when resources were allocated. Rawls (1971) sees utilitarianism as the good being independent of the right as the right is the maximization of utility. He stated,

"society is rightly ordered, and therefore just when its major institutions are arranged so as to achieve the greatest net balance of satisfaction summed over all the individuals belonging to it" (p. 22). The application of utilitarianism to institutions ignores the individuality of the people as free and equal. People should be free to choose and regulate the basis of social cooperation. Rawls argues that utilitarian considers citizens as mere contributors to goods that belong to everybody but nobody, in particular, it, therefore, does not recognize the diversity in people. He stated utilitarianism’s “view of social cooperation is the consequence of extending to society the principle of choice for one man, and then, to make this extension work, conflating all persons into one through the imaginative acts of the impartial sympathetic spectator” (p. 27). The implication is that the need for each person is not a factor in the considerations nor their ability to convert the resources.

The utilitarian approach does not pay consideration to the individuality of persons. Sen and Williams (1982) stated: “Persons do not count as individuals in this any more than individual petrol tanks do in the analysis of the national consumption of petroleum.” This process ignores the difference and comparisons between individuals, which has a huge impact on the determination of wellbeing (Sen, 1987). The measure of utility can lead to the well-off being favored, for example, if the poor get less utility from the resources deployed than the rich. In the utilitarian analysis, the resources should be given to the rich thereby subjecting the poor to more poverty. The application of equal

97 rights in the basic scheme of liberties according to Rawls (1971) will avoid this interpersonal comparison. However, the articulation of the need of the people is the surest way ensuring the conversion of resources (Dolan, 2001).

Adaptive preference and social circumstance. The idea is to concentrate on the real need and preference of the people. However, the utilitarian model calculation most times ignores this real need, and this can be part of the problem of the lack of conversion of resources in the ND. There is the likelihood of people holding on to an adaptive preference, which might be against their actual preference. This is based on many factors that might include a lack of knowledge, adaptation, beliefs, etc. Broome (1991) argued that “can be refuted by pointing out the undeniable fact that people sometimes prefer, of two alternatives, the one that is worse for them, because they are misinformed about the merits of the alternatives.” This is an acknowledgment of the lack of transparency in options available to persons because of adaptive preferences, social and other inhibitions.

Utilitarianism excludes non-utility based information, which includes issues of physical condition, human rights, social and cultural issues. The justification for this is the argument that they do not have intrinsic value. An example, if the utilitarian method is used to access household, the disparity in payment will be not be noticed if women do not complain. This is not a fair assessment.

Sen (2009) argues that the utility as a measure of well-being does not take into consideration the functioning, he, therefore, explained that capability is a more rational means of measuring well-being than utility. The theory of justice cannot be reduced to pleasure and utility, and they cannot be reduced into “one homogenous magnitude” (p.

239). The poor in communities might be exhibiting adaptive preference where they are

98 used to their state of wellbeing, and this can be used to perpetuate inequalities. This is because utilitarianism will not consider a specific situation but aggregation. The lack of conversion of resources can be attributed to this adaptive preference factor.

Aggregate sum ranking. The process of summing aggregate utility is based on absolute positions this method has the potential of ignoring inequalities that can be overshadowed. This has led to the argument by Rawls on relative positioning based on the difference principle. However, as stated earlier in this chapter the difference principle based on the comparative method does not adequately address the social and economic inequalities in the ND. The aggregate summing has not been able to solve the resource conversion problem in the ND because aggregation ignores the needs of the diversity of individuals (Dolan, 2001).

Non-utility values. Sen (1985) stated that the utilitarian values do not accommodate non-utility-based values like wellbeing, regards for others and aspects of justice. The allocation of scares resources entails a resource-based perspective, but the question is what do the people cherish. A good environment devoid of pollution might be the preference, duty to the gods of the land, moral obligations, etc. The utilitarian perspective does not accommodate those preferences. The non-accommodation of these preferences has led to conversion problems because the real need of the people is not considered in resource allocation. Also, utilitarianism is just one category, Clark (2005) argues that utility addressed mental states while the resources based are concerned with the material required for the good life, it does not address the totality of the human person. This lack of consideration for the total person is one of the limitations of the utilitarian approach in addressing the conversion problem in the ND.

99 Conclusion on Utilitarianism and the conversion problem. The fundamental problem of utilitarianism is the unreliable measure of the good. The application of the utilitarian theory of justice in the ND will not resolve the conversion problem, which is enormous resources deployed to the region but yet no significant difference in the wellbeing of the people. The nature of the devastation of livelihood and poverty for a long time has led to the people adopting a lifestyle to mitigate the vicissitude of life. This lifestyle is their adopted preference, and the application of the utilitarian framework will capture the adapted preference and not their actual need. The lack of diversity in the application can lead to the violation of the rights of people. The basis of the quality of life should be on equality of basic capabilities not equality of welfare or utility. This should form the hallmark of a just distributive system. The aggregation of measure does not account for the distinction in individual goods. The utilitarian perspective with offensive and expensive taste does not lead to just distributive equality. Resources are not desired and valued for itself; the value is based on the individual’s value or being. It is different for different people and community based on how they can convert those resources. Sen

(1993) stated that capabilities "may vary greatly between individuals and also between different societies so that the ability to reach minimally acceptable levels of basic capabilities can go with varying levels of minimally adequate resources." Therefore, the focus should be on equal basic capabilities as Sen (1984), argues, in solving the resource conversion problem, the focus should be on “who can do what, rather than who has what bundle of commodities, or who gets how much utilities” (p. 376).

100 Capability Approach Theory of Justice

The CA is defined within the premise of a universal conception of the good and the right is established as the realization of that good. It is a teleological framework which acknowledges that the good is based on the consequences of the action. The realization of capabilities as substantive freedom will be argued as the most valid subject of justice. The consideration of what is just is defined as that which promotes the realization of the combined index of capabilities of members of society as determined by the methods of social choice theory, comparative assessment, open, impartial scrutiny, and public reasoning. In other words, the state of affairs that ranks highest in terms of the combined index is the most just among comparative alternatives.

The process of comparative assessment proceeds for Sen through public reasoning—open and informed public deliberation, which tests the validity of the assessment in terms of the capacity to survive informed open, impartial scrutiny through the exercise of public deliberation and public reason. Given the centrality of the public reason for the assessment of justice, there is an intimate connection between justice and democracy. Sen opines that public reasoning and deliberation are essential in understanding democracy. The pursuit of justice, therefore, can only proceed in terms of open, impartial dialogue among citizens in the exercise of their public reason.

CA as a normative framework can facilitate the attainment of the quality of life of a people, by enhancing the opportunities to do and be what they have reason to value/cherish. It involves the principle of equity, efficiency, empowerment, and sustainability. Sen (1999) states that the CA is based on the concept that freedom, capability, and functioning are needed for human to have well being. The means of

101 measurement is capability and functionings; capabilities are potentials, is the amalgamations of functionings that is practicable for a human to achieve; these are the options and choices available to the person.

The CA entails the freedom and opportunity that people have. The freedom that people have to convert resources is contingent on four conditions. These are the personal heterogeneities, physical environment, social structural differences and relational perspectives (Sen, 2009). These conditions are not isolated but can be interlinked to affect the freedom that people have to be that which they cherish. Therefore, the CA seeks to analysis the substantive freedom available to the people at specific conditions.

Sen (2009) argues, that ‘a person’s advantage in terms of opportunities is judged to be lower than that of another if she has less capability – less real opportunity – to achieve those things that she has reason to value’ (231). The determining factor in achieving capability is the substantive freedom available to the agent; Sen’s work has a bearing on the social choice theory.

Sen (2009) articulated the social choice theory as a means of reflection about social justice. In articulating democratic public decision-making, some conditions should be met; this includes that citizens should be involved in the process, are aware of the process and prepare to engage freely. Public forums should be provided for citizens to debate issues and agree. Social choice is about finding an acceptable rule that aggregates different perspectives, choice, judgment, and votes. Public deliberations is a means of achieving that end. It seeks individual options that are inclusive not restricted to political or economic issues; this is to accommodate all shades of opinion, which is not always very easy (Arrow, Sen, & Suzumura, 2010). In providing these options, Arrow (1950)

102 stated that society should meet universality, independence of irrelevant alternatives, responsiveness, non-imposition, and non-dictatorship conditions.

Sen (2009) proposes seven ways that social choice theory can contribute to social realization by enhancing comparative and not transcendental relationships; recognizing the plurality of competing principles; possibilities of reassessment and further scrutiny; allowing partial resolutions, the chance of incomplete ranking of justice; diversity of inputs and interpretations; the insistence on articulation and finally public reasoning (p.

106). Social choice theory ranks different states of affairs from a social point of view. It is a means of collective decision processes and procedures. Sen advocated that individuals should be allowed to express decisions over social issues which might be different from private matters of the individual. Sen (2009) stated that individual ranking of inputs, the social choice can identify commonalities that can be a basis for agreement.

Also, with a social conclusion and fixed axioms, points of disagreement can be determined. Therefore, given set social conditions and fixed inputs, the positions of contention can be identified with relationships to a specified agreement.

Sen (2009) claims that our decision-making process is influenced by our position and that perception affects actions. He distinguished between positional objectivity and positional dependence. A person from a position can view a situation as just, this same state of affairs can be considered an injustice if seen from a different position. Positioning can influence our conception of the good. Therefore, Sen affirmed that in making objective decisions we need to transcend our positional confinement by having "person- invariant but position-relative observations and observability” (p. 157).

103 Sen articulates that citizens can determine justice, form, revise and pursue a conception of the good which they have reason to value. The open impartiality is contrasted with closed impartiality, where impartial decisions involve only members of the group and exclude those outside the group whose lives might be impacted by the decisions. Open impartiality can be an option to remedy the situation if the injustice is transpositional. However, the transition from positional influenced condition to a positional free status is not always smooth as Sen stated: “Our very understanding of the external world is so moored in our experiences and thinking that the possibility of going entirely beyond them may be rather limited” (p. 170). He proposed a method of comparative assessment as an alternative. Sen claims that a process of reasoned scrutiny can ameliorate the positional effect.

Sen’s (2009) CA stresses the importance of reasoned scrutiny, which calls for impartiality in our actions; as Sen states, a reason should be the "ultimate arbitrator of ethical beliefs." This calls for a specific method of applying reason to our actions not because it is an "any sure-fire way of getting things exactly right," but because it justifies our actions (p. 39). There are limitations to our reasoning, which can be linked to our emotions; as Sen stated, "the need for reasoned scrutiny of psychological attitudes does not disappear even after the power of emotions is recognized" (p. 50). Sen takes solace from Adam Smith’s device of the ‘impartial spectator,' which according to Sen we should

“examine our conduct as we imagine any other fair and impartial spectator would examine it" (p. 124). Our actions should survive the impartial scrutiny of others, and this scrutiny should be open as far and wide as possible beyond our immediate community; this is what Sen refers to as open, impartial scrutiny. This then calls for discipline and a

104 need for an open and informed public deliberation process. This process can survive open, impartial scrutiny and achieve ethical objectivity.

Rawls principle of justice is based on closed impartiality; the participation is restricted, this Sen (2009) claim is not beneficial in “guaranteeing adequately objective scrutiny of social conventions and parochial sentiments, which may influence which rules are chosen in the original position.” (p. 127). The selection according to Sen does not recognize all representatives and bias cannot be ruled out. It has the problem of exclusionary neglect, inclusionary incoherence, and procedural parochialism. Sen proposed a comparative assessment of justice; it demands the inclusion of not just our local community, but other participants can help enhance the process. This need for objectivity and scrutiny will lead to avoiding positional illusions, positional variations, objective illusions, and positional objectivity.

The holding on to positions makes objectivity difficult. Nagel (1986) acknowledged the need for objectivity to avoid positional illusion stating that a “view or form of thought is more objective than another if it relies less on the specifics of the individual’s makeup and position in the world, or on the character of the particular type of creature he is” (p. 5). The position of observation has a great influence on how people perceive and react to the world. Sen (2009) in agreeing stated that “Illusions that are associated with some positional objectivity can be very hard to dislodge, even when the positionality involved misleads and misinforms rather than illuminates” (p. 169). The key is to overcome the limitation of our positional illusions and see from different viewpoints.

The rational choice helps bring and subject decisions and actions to reasoned scrutiny by investigating the reasons for the decision (p. 180).

105 The plurality of sustainable reason needs to be reconciled with the need for impartial reasoning. Sen (2009) argues, “What matters most is the examination of what reasoning would demand the pursuit of justice allowing for the possibility that there may exist several different reasonable positions. That exercise is quite compatible with the possibility, even the certainty, that at a particular time not everyone is willing to undertake such scrutiny. The reasoning is central to the understanding of justice even in a world which contains much ‘unreason’; indeed, it may be particularly important in such a world” (p. xix). The implication is that people can have contrary decisions, but that does not mean that one of them is not rational. This then calls for the need for a method for objectivity. This can be done through impartiality and public reason:

. . . The idea of objectivity in practical reason and behavior can be

systematically linked to the demands of impartiality. We can take the

relevant standard of objectivity of ethical principles to be leading to their

defensibility in an open and free framework of public reasoning, other

people's perspectives and assessments, as well as interest, would have a role

here in a way that rationality alone meets that demand. (Sen, 2009, p. 196)

Objectivity according to Sen could be achieved by our communicating our beliefs and allowing those beliefs to be subject of debate to ascertain the correctness. Sen (2009) proposes, “if someone has the power to make a change that he or she can see will reduce injustice in the world, then there is a strong social argument for doing just that” (p. 205).

However, that choice can be subjected to debate, which can take the form of public deliberation. Public reasoning and a process of deliberation can be a process for achieving agreement.

106 The CA is a framework that supports public reasoning. In a democratic society, public deliberations are means of reaching an agreement. There needs to be a common ground upon which decisions can be made. The public reason seems to be the overarching means of seeking this consensus and justification. People need to agree on a set of actions and principles because it is in the public interest; this avoids the differences they might have to arrive at a common good. The general reasoning is crucial for the assessment of justice, it gives voice to all segment of the society to express their judgment, thereby building on a culture of tolerance and acceptance of difference.

In a pluralist society, people hold different views and have affiliations that influence how they see and perceive the world. This has vast implications for how decisions are reached in society. Public reason is, therefore, a means of achieving a consensus across deep divisions. Public reason is the articulation of a shared vision by bringing reasons in sync with the ideas of others in matters that concern the life of a society. The basis for acceptance is based on the shared values of the people. This is the principle of reciprocity, which is imperative for the growth, and survival of a people.

There are various forms of reasoning, but for it to be the public reason, Rawls stated it has to meet three characteristics “the reason for citizens as such it is the reason for the public; its subject is the good of the public and matters of fundamental justice; and its nature and content is public, being given by the ideals and principles expressed by society’s conception of political justice, and conducted open to view on that basis (2005, p. 213). Sen’s perspective draws from the concept of what people have reason to value; this is achieved through informed public discourses and deliberation based on the social concerns and values of a people within a specific period. This is not rigid and does

107 change. Therefore public reasoning is a means of determining which capability to pursue at each point in time.

Sen (2009) stated that "the connection between public reasoning and the choice and weighting of capabilities in social assessment is important to emphasize" (p. 242). It is firmly believed that the decision reached through this process will pass reasoned scrutiny from an impartial viewpoint; it is justifiable contingent upon a comparative assessment through public reason. Sen (2009, p. 88) acknowledged that debates are not always practical, but they can be, CA having the principle of equity, efficiency, empowerment, and sustainability; it is the best policy in the development for a people. It strives to remove the obstacles that prevent people from being and doing that which they value to be; this had a multiplier effect in the wellbeing of the individual and the society.

The hallmark of a just system is inclusiveness and the free flow of information; this is one of the advantages of using the CA as it applies to the development of the human.

Humans should be the end of development. The essence of development should be to improve the life of the people. Sen (1988) stated that "the enhancement of living conditions must be essential if not the essential object of the entire economic exercise and the enhancement is an integral part of the concept of development" (p. 11). People are seen as humans; development is the expansion of the capability of the people. It is the substantive freedom to choose. They should have the opportunity to "achieve outcomes that they value and have reason to value.” Within this definition, poverty is the deprivation of basic capabilities. This can happen in many ways like oppressive policies of the state, lack of financial resources, ignorance, ill health, lack of good and proper education. There are various factors to be considered that have a significant impact on

108 the wellbeing of the people and has enormous implication for human development. This can be social exclusion, environment, personal, political, gender, psychological among others (Alkire, 2005). A country can be rich, concerning capital GDP but have a considerable percentage of people with poor quality of life.

The obsession with GDP which favors the rich and powerful can lead to neglect of other facilities like education, healthcare, transport, sanitation which can give some indication about the wellbeing of the people. The wellbeing of the people is dependent on what people can be and do. If we concentrate on resources, we will miss what is essential to the people if we take the classic example of having a canoe in the ND. The canoe is a resource; if all we look at is the availability of resources, we will conclude that all is well.

However, if the owner of the canoe cannot paddle or if the riverine environment is not conducive for canoeing, the owner will not be getting the benefit of the canoe. Therefore, the availability of resources does not equate to a change in the life of the people. In the specific context of the ND, there are lots of projects, but it is not changing the lives of the people because it is not what the people want. The choice has not been given to the people; this involves two critical elements the contents that involves the capabilities and the process, which entails public reasoning and deliberations.

Freedom is not the multiplicity of options, but those options have to be of value. It is not the maximization of choice but rather the quality and value placed on them. The options available might not be the options that the people want. Sen stated that more options could make the people more confused, "the good life is partly a life of genuine choice and not one in which the person is forced into a particular life, however, rich it might be in other respects (Sen, 1992, p. 59). This is important because freedom is

109 dependent on control. Therefore, the agent should have the control over the options available, Sen (1992) stated: "a person's ability to get systematically what he would choose no matter who controls the levels of operation” (p. 65). This one of the significant advantages of the CA for it gives people a choice to determine what they value. This approach can be applied in the ND.

In the specific situation of the ND, it will empower, create and offer the people of the region an opportunity to be that which they want to be, having an environment devoid of pollution and a quality of life that is healthy and sustainable. This will have profound multiple effects in the wellbeing of the individual and society. The inability to be and do that which they value is a matter of injustice. Therefore, the CA can be a useful tool in articulating and answering the ND question. Clark (2005) feels that the CA is flexible and can be used in a pluralistic manner. Sen (1999) did not prescribe a list of capabilities or preferences but let that to individuals to determine. His emphasis is on treating people as ends instead of people as a means of achieving other purposes. In this way diversity is acknowledged and respected, human agency and participation are encouraged within the different reality played by culture, values, aspirations, and orientations of the people he concluded. Capacity approach sees people as receivers and managers of development by prerogatives to development as freedom; this view entails that development increases choice. The social context and relationship persons are embedded in can affect their capability. Therefore, the CA will seek to balance the capability for personal responsibility for action. CA has advantages that can enhance its application in the ND.

Differences between the Rawls Theory of Justice and the Capability

Approach. The Rawlsian political conception of justice focuses on primary social goods,

110 which are goods to be desired irrespective of what other goods people might want. The essence is to desire and compare the goods without ascertaining what the goods can do for the holder. Citizens are considered free and equal as well as reasonable and rational.

They can make demands on the social institutions and have a desire for primary goods, which are essential in the basic structure of society for the conception of the good life.

Rawls (1971) classified primary goods into natural and social goods; while natural primary goods include intelligence, health, strength, imagination, etc. the primary social goods include the income and wealth, social basis of self-respect, civil and political rights. Rawls conceives them as necessary all-purpose means for the pursuit of the individual’s conception of their life plans (rationality as the capacity to determine the good) as well as the fair value of political liberty--their capacity to participate in a democracy. The two principles of justice are designed to distribute these primary social goods equitably. Political institutions are to analyze citizens’ relationship with the primary goods. Rawlsian principle ignores the diversity of humans and their ability to utilize the primary goods.

While the social institutions are to ensure fairness to all, the need of people based on their circumstance which might include health, sex, location, etc. is not adequately covered. The focus of Rawls (2005) was on institutions, “the way in which the major social institutions fit together into one system, and how they assign fundamental rights and duties and shape the division of advantages that arises through social cooperation" (p.

258). However, the conception that just institutions will adequately cater for all people has not materialized based on the lack of attention to the need of the citizens and how they can convert the primary social goods. This lack of awareness has a broad implication

111 for people’s options and life chances. The conversion of goods is variable relative to the persons natural and social position, undercutting their intended purpose.

The focus on institutions and the primary social goods did not leave enough space for the articulation on what goods does for people (Sen 2009, p. 336). The conversion factor was not adequately factored; this includes individual preferences and adaptability; for example, how persons with disabilities can convert resources to achieve a better quality of lives. Sen (1999) argues that

account would have to be taken not only of the primary goods the persons

respectively hold but also of the relevant personal characteristics that

govern the conversion of primary goods into the person’s ability to

promote her ends. What matters to people is that they can achieve actual

functionings that is the actual living that people manage to achieve. (p. 74)

Sen, therefore, proposed four factors that should be considered. These are personal heterogenetic including physical characteristics; diversities in the physical environment, appreciating that income utilization can depend on context, other environmental factors like, temperature, weather, flooding, etc.; variation in social climate including public health, education, social condition, crime and violence, community relationships, social capital and differences in relational networks appreciating how community behavior and values influence what income can be used to achieve functioning (Sen 2009; p. 255). The analysis of these factors can help determine how people can convert the resources available to them because people personal and social circumstances are different.

Sen (1999) stated that "account would have to be taken not only of the primary goods the persons respectively hold but also of the relevant personal characteristics that

112 govern the conversion of primary goods into the person's ability to promote her ends.

What matters to people is that they can achieve actual functionings that is the actual living that people manage to achieve" (p. 74). However, Rawls ignores this issue about conversion and claims that it will be subject to discussion at a later stage, that at the initial stage only the normal cases are considered before complex cases. (Rawls 2001, p.

176). However, Sen (1980) insists that

the primary goods approach seems to take little note of the diversity of

human beings. … If people were basically very similar, then an index of

primary goods might be quite a good way of judging advantage. But, in

fact, people seem to have very different needs varying with health,

longevity, climatic conditions, location, work conditions, temperament, and

even body size. … So what is involved is not merely ignoring a few hard

cases, but overlooking very widespread and real differences. (p. 215)

Therefore, a better prospect should be to look to the kind of functionings that citizens can achieve because the primary goods option does not adequately address differences between people. It does not cater for the physically challenged and those with less efficiency in converting the primary social goods to have a better quality of life.

The difference principle does not adequately address the conversion problem because it entails that inequality might be permissible if the least advantaged person benefits. The essence is not egalitarian but to allow utilization of talents to benefit the least advantaged persons. This consideration does not examine the least advantaged persons as an individual agent but relatively considers that their lives are better; it ensures that there is no discrimination. While primary goods are valuable to people, the emphasis

113 should be on the doings and beings, which is the substantive freedom and opportunity for people to live the life they cherish. The capability approach is better suited to handle differences and diversity in citizens.

Capability approach as an appropriate framework for conversion problem.

The CA focus on human life not an economic analysis of commodity/income; the CA looks holistically on human life. This includes the opportunities that are available to the agent. Sen argues that the use of resource and utility-based framework do not capture the essence of the life the people which to live. He advocated “The case for using instead direct indicators of the quality of life and of the well-being and freedoms that human lives can bring has been increasingly recognized” (p. 225). Freedom has two component the aspect and the process; this has been discussed in chapter 2. The assessment of capability is based on the real opportunity to achieve those things that a person have reason to value (p. 231). CA as a general framework deals with informational focus thereby helping agents to compare options. The way the information is used is not constant, but changes based on the issue, it can be useful in policy articulation. The CA is an appropriate framework for the analysis of the ND issue.

Acknowledge diversity and multidimensionality of humans. Human well-being should not be synonymous with economic development. The discussion of wellbeing is continuously linked to GNP or GDP, which implies growth in the economy. The CA strives to change this paradigm by shifting the focus from goods and resources to people and their capabilities. Thus, restoring and acknowledging the diversity and multidimensional nature of humans by recognizing the effect of various conversion

114 factors. This acknowledgment entails that people are important and their needs are factored; this can contribute to solving the conversion problem.

Substantive freedom and combined capability. Sen (1999) defines capabilities as

"the substantive freedoms a person enjoys to lead the kind of life he has reason to value"

(p. 291). The essence and importance are the opportunities for citizens “to achieve outcomes that they value and have reason to value" (p. 291). Income or wealth cannot be used to properly analysis the human person; it has instrumental value; it cannot be used to judge the kind of life one wishes to live. Sen (2009) proposed evaluating the actual opportunities instead of the means of living; CA is therefore linked to “substantive freedom, it gives a central role to a person’s actual ability to do the different things that she values doing. The CA focuses on human lives, and not just on the resources people have, in the form of owning or having use of objects of convenience that a person may possess” (p. 253). The CA is about people and the expansion of their capabilities, which is a process of empowerment and enhancement of their well-being. This suggests that capability is, as Nussbaum (1999; 2006; 2011) points out, a combination of internal capacity and the substantive social opportunity to exercise the internal capacity.

Nussbaum (2011) extrapolated that CA has five principles that include persons considered and treated as an end; freedom and choice as the focus rather than achievement; support of pluralistic values; considerations for cases of social injustices; and prescribing policies and actions for government to undertake. CA can be classified as basic, internal and combined capabilities according to Nussbaum (1999).

Basic capability is the foundation for the development of other capabilities. Sen

(1992) defines it as “the ability to satisfy certain elementary and crucially important

115 functionings up to certain levels” (p. 45). This is important as Sen (1987) further argues

“not so much in ranking living standards, but in deciding on a cut-off point to assess poverty and deprivation” (p. 109). Internal capabilities build on the foundation developed in the basic capabilities to enable the agent to perform certain functions. The combined capabilities are the combination of internal capabilities with external factors that make the exercise of opportunities possible. It can be expressed as combined capabilities = internal capabilities + external factors. Nussbaum (2011) explained it as “They are not just the abilities residing inside a person but also the freedoms or opportunities created by a combination of personal abilities and the personal, social and economic environment”

(p. 20). This is what makes capability substantive freedom. The conversion problem in the ND can be attributed to the lack of freedom for the people to live the life they have reason to value. The allocation of resources without consideration to the need of the people has led to a deprivation of capabilities. Therefore, the restoration of the capability of the people is a set in ensuring that the people live the life they value.

Capabilities and social primary goods. Rawls social primary goods as a distribution framework focus on means as a basis for comparison of resources. It does not pay enough attention to individuals’ freedom, abilities, and preferences. Rawls and

Freeman (1999) stated:

... an explanation of why it is rational for the parties to assess the

principles of justice in terms of primary goods is needed: (i) The basic

liberties (freedom of thought and liberty of conscience, etc.) are the

background institutions necessary for the development and exercise of the

capacity to decide upon and revise, and rationally to pursue, a conception

116 of the good. Similarly, these liberties allow for the development and

exercise of the sense of right and justice under political and social

conditions that are free. (ii) Freedom of movement and free choice of

occupation against a background of diverse opportunities are required for

the pursuit of ends as well as to give effect to a decision to revise and

change them if one so desires. (iii) Powers and prerogatives of offices of

responsibility are needed to provide scope to various self-governing and

social capacities of the self. (iv) Income and wealth, understood broadly as

they must be, are all-purpose means (having an exchange value) for

achieving directly or indirectly a wide range of ends, whatever they

happen to be. (v) The social bases of self-respect are those aspects of basic

institutions that are normally essential if citizens are to have a lively sense

of their worth as moral persons and to be able to realize their highest-order

interests and advance their ends with self-confidence. (p. 366)

The social primary goods as a basis for a theory of justice does not adequately compensate individuals’ abilities, heterogeneity, and preferences. The ability of the agents to convert primary social goods are variable that the distribution of them regarding the two principles is invalidated by this variability. The focus, therefore, should not be on fair distribution of such general goods, given their variable conversion, but rather the focus should be on what each person needs to realize their capability. Sen (2009) state that “interpersonal variability in the conversion of primary goods into capabilities introduces elements of arbitrariness into the Rawlsian accounting of the respective advantages enjoyed by different persons; this can be a source of unjustified inequality

117 and unfairness” (p. 112). The lacking of accounting for the personal and social attributes of persons is a criticism of the primary social goods.

Rawls (2001) argues for the importance and relevance of the primary social goods for the articulation of the theory of justice stating

citizens’ needs and requirements are sufficiently similar for an index of

primary goods to serve as a suitable and fair basis for interpersonal

comparisons in matters of political justice. … Sen …objection rests on the

further point that the relevant needs and requirements of normal fully

cooperating members of society are in fact sufficiently different so that the

two principles of justice with an index of primary goods are bound to be

too inflexible to yield a fair way of adjusting to these differences. In reply,

I shall try to show that in drawing up an index of primary goods we have

considerable flexibility. (p. 170)

Sen is of the view that Rawls procedural justice backed by his two principles as a basis for the regulation of the basic structure cannot enhance the capability of the people to be and do that which they cherish. He proposes a distributive policy that meets the realization of capability of the people to achieve their need.

The operational word here is the freedom to value; this calls in question the respect for the people to make a choice. The primary goods model does not respect the value the people hold and cherish. Social primary goods determine social and economic opportunities and are goods that individuals will want more than desireless. Rawls (1971, p. 142) claims that it answers the question of what an individual will want from social cooperation. It is also arguable that people use and desire for primary goods might be

118 different based on their life choices. People are different, and their need will also be different for example need for health and mobility (Bojer 2003). This need is the basis of freedom for the people to determine what they value and cherish. Rawls did not advocate the removal of inequalities, but it can be allowable if it increases the share of social primary goods of the least advantaged. The essence is that the option for the people are not given the needed individualistic attention it desires if the least advantaged will benefit. Sen (2009) advocates capabilities as a better option that marginal increase in social primary goods for the attention it gives to the need for the individual and community; thereby contributing to solving the conversion problem.

Functionings and capabilities in the Niger Delta. The apparent lack of freedom and options for individuals and communities in the region has led to the conflict situation and resources wasted with no substantial changes in the lives of the people or the community. The ability of the communities and people to convert the resources into functionings was not considered in the deployment of the enormous resources that are wasted in the region. Functionings shows what a person does; it is intrinsically valuable to the persons and has intrinsic value. Sen, (1999: 75) stated that it is ‘the various things a person may value doing or being.' Functionings can include a series of activities like being part of a community, being in a beautiful house, being respected, being well nourished, practice a religion, being educated, it can also be traveling, participating in the political process, participating in a discussion, eating food, paying debts, it is things people have reason to value doing or being while capability illuminates what a person is free to do. Verd and López (2011) describe the difference between both as "what is possible and what is effectively carried out" (p. 9). The capabilities and functionings

119 achieved are connected to social, environmental, cultural, health, economic, institutional and the conversion process of those resources into wellbeing. The CA can provide a framework for remedying the conversion problem in the following sections, ideas about the applicability of the CA in the ND is presented.

Resource base allocation and the Niger Delta. The linkage of equality to primary goods is not congruent to the substantive freedom for the people. The outcome-based model is based on the evaluation of the consequences of the choice made by the agent.

The emphasis is an analysis of the process and set from where the decision was made not necessarily the outcome of the decision. If we use the analysis of having a canoe in the riverine area of the ND. Efe does not have a canoe. Therefore she does not have the resources of mobility, she can consequently not move around in the ND nor be able to use the canoe for fishing to have extra income. Dafe, on the other hand, has a canoe but decides he does not wish to use the canoe to move around in the ND and neither is he interested in using it for fishing to make extra income. A look at both scenarios projects a similar outcome, a lack of mobility and income from fishing but if the emphasis is on the resources from which the choice is decided then the CA will be better to evaluate the options. The deployment of more resources in the ND has not translated to a better life for the people. Adam Smith queried the rationale of distribution that ‘it is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest. We address ourselves, not to their humanity but their self-love’ (Smith, 1887, p. 26). Therefore, the situation in the ND is a case of resource injustice. The economic measurement of resources does not provide the actual status of deprivation in the area. The social injustice in the ND is masked by the argument of

120 resources. The debate is what has happened to the resources deployed, not how much little conversion to make life better for the people. The Minister of State for Petroleum resources Dr. Ibe Kachikwu (Ecoconfidential, 2016) speaking with ND stakeholders on

26th August 2016 followed the same argument stating as follows:

The amount of money that has been put into the Niger Delta development

over the last ten years is over $40 billion. This comes from the Niger Delta

Development Commission (NDDC), derivation fund and investments by

the oil companies. As I go to the creeks, I see no infrastructure that

justifies the result of the massive investments. What this means is that the

Niger Delta must begin to do soul-searching by asking themselves where

the money go? Who took them? What were they applied to? What were

the roles of our own people and other people as well in examining how the

money was spent?

The resource-based measurement leads to a constant debate among the tiers of government. The federal government blames the state; the state blames the federal government. This continuous passing of blame continues, while the life of the people is not improved because the measure was based on an economic model instead of seeking the substantive freedom for the people to be that which they what to be. The economic framework analyzes the amount spent but does not tell how people convert the goods.

Conversation factor as a key indicator in the Niger Delta. The conversion factor is the ability to convert goods and services into functioning. The conversion factor is then the ability of a person to transform resources into functioning, in essence, how much

121 functioning you can get from a resource (Sen, 1992). The factors may play different roles

(personal, social and environmental). A canoe, for example, can be used for mobility in the riverine areas of the ND. It serves the mobility functioning of moving a person from one point to another through the creeks, rivers and water bodies in the ND. If you cannot paddle a canoe, your conversion factor is low.

Robeyns (2016) captured it thusly, “Capabilities are a person's real freedoms or opportunities to achieve functionings. Thus, while traveling is functioning, the real opportunity to travel is the corresponding capability.” Therefore, the provision or availability of resources is not the end in itself but how those resources can be used to achieve beings and doings. This is the illusion of the situation in the ND, where the resources are not being converted into capabilities with the opportunities for functionings.

The knowledge of the circumstances of the people is vital in appreciating the capability.

The central planning process in Nigeria where decisions are made at the top federal level, cascaded and implemented at the lower levels without sufficient input from the grassroots leaves a lot of waste and inefficiency. Verd and López (2011) proposed that for resources to be converted into functionings, it needs to pass through two stages, the first is the conversion factors that turn the resources to capabilities and the choice that transforms the capabilities into functionings. In essence, in the CA, the resources should be converted into capabilities. The functionings is an individual choice. Therefore the matter of justice is whether the agent has the capability, the opportunity, substantive freedom, to choose to function in ways that have reason to value. The figure below illustrates the process.

122 Figure 1.Analytical framework of the capability approach; the relationship between resources, capabilities and functionings – Source: Verd & López (2011).

The above figure used to explain the situation of the ND. There has to be an element of resources that need to pass through the various conversion factors in the ND, thereby changing those resources to capabilities, which with the element of choice of the people transformed into what the people want or have reason to cherish. Resources can be considered as entitlements or commodities allocated to people (Sen, 1999), but the resources are meaningless except they are transformed into capabilities. The situation in the ND is a case in point; emphasis should be on the factors that inhibit the transformation of the enormous resources into capabilities. This argument establishes that the resource-based evaluation process misses the situation on the ground. These conversion factors are divided into three integrated aspects: personal conversion factors, social conversion factors and environmental conversion (Robeyns, 2005).

Personal conversion factors are internal to the individual, it talks about the physical characteristics of the persons, for example, person’s intelligence, education, skills, competence, metabolism, physical or mental handicaps, and height. The social conversion factors related to expectations in the society, what are the policies and socially constructed realities, religion, culture, norms, taboos, etc. that influences how one is to act and behave. Finally, the environmental conversion factors are aspects of the physical environment in which one lives. These could be physical, climatic conditions, 123 parks, infrastructure, residence location, street lighting, water supply, weather, pollution, and presence or prevalence of adverse physical conditions (Nambiar, 2013; Robeyns,

2005).

Conversion factor and Niger Delta. Therefore, the primary goods evaluation methods do not consider this important factor, which is another handicap of the technique. In analyzing the conversion factor concerning the situation of the ND, it is evident that the dynamics of the region should be considered. The whole ND is not one entity, but rather each area should be analyzed and evaluated based on the peculiarity of the area. As stated earlier the ND: ‘comprise of swamps, rainforests, rivers, and creeks.

The area has a population of 31.2 million people, speaking 250 languages and dialects comprising more than 40 different ethnic groups, representing 13,329 settlements in 185

Local Government Areas (LGA) in 9 out of the 36 states of Nigeria’ (Emmanuel,

Olayiwola, & Babatunde, 2009; Uyigue & Ogbeibu, 2007; Imoh, 2008). If you take for example the federal agencies awarding contracts in the region, there is always the urge to assign projects uniformly without considering the felt need and the ability of the people to use the resources; this has led to waste in the region. The argument is that of equality and fairness, but the result is the provision of facilities that the people do not need, the facilities the people need are not often provided.

This is based on the proclivity to equate resources spent as development. There is the urge to ensure equality in distribution, therefore for example if you provide a health center for community A; you equally provide health center for community B; even if they do not need it. This goes against Sen definition that “development can be seen as a process of expanding the real freedoms that people enjoy” (1999, p. 3). Therefore, if

124 development is measured within the capability framework, the peculiar environment of the different areas will be taken into consideration in the deployment of resources. This has not been the case in the ND leading to the frustration, hopelessness that is fueling the conflict. Therefore, an acceptable policy should be one that undertakes that the resources, goods, services are appropriately converted to capabilities, thereby, guaranteeing to give the people of ND the freedom to be that which they cherish.

Appropriate Applications of Capability Approach Framework in the Niger Delta

The quest for justice is a journey in identifying injustice, which can be a form of deprivation and removing it; it entails understanding the nature and sources of such deprivation. This knowledge can then facilitate a need through public deliberation and reasoning to remove it. The discussion on justice and appropriate theory of justice to diagnosis and remedy situation of injustices have been a recurring matter for discourses.

There can be many justifications for the need to remedy the situation. However, there is no one solution to be adopted; each case is different, having different evaluative component taken at its merit and not based on a scale of importance (Sen, 2009).

However, injustice linked to the catastrophe that is preventable should be addressed if the responsible officers have been negligent in the execution of assigned tasks that could have prevented the injustice. This scenario, therefore, calls for a need to move away from endless discussion to establishing a theory of justice, Sen (2009) stated

“identification of redressable injustice is not only what animates us to think about justice and injustice, it is also central … to the theory of justice” (p. vii). These cases of injustice call for action, but how can these actions be articulated? Sen (2009) advocates the need to urgently securitize the coherence of reflections and the inferences drawn to

125 achieve ‘sustainable condemnation’ devoid of bias and upholding objectivity (p. viii).

This objectivity removes the impact of a vested interest which can be a product of culture, values, and traditions. When injustice compiles the search for remedies, a theory of justice according to Sen (2009) should be a remedy, it have different categories including serving as a basis for practical reasoning, reasoning can resolve most of the comparative arguments but there can have divergent conclusions even with objectivity guaranteed with critical scrutiny. It also acknowledged the role of behaviors in the quest for justice instead of institutional failures.

Critique of utilitarianism. Social arrangements that emphasize the maximization of resources, income or happiness does not make effectively appreciative the options available to the people and the choices they have to make. The utilitarian framework assumes that the best approach is one that maximizes aggregate utility or happiness. The calculation of aggregate utility is a sum of each person’s preference satisfaction as a function of what they value. However, the problem with the utilitarian is the likelihood of adaptive preference; where persons are used to their situation and consider it as usual.

It also has the issue of aggregate sums fuse individual value, and finally, the standard of maximization of aggregate utility is open to the violation of individual rights. The degree of deprivation and poverty in the ND makes the people adaptive to their preferences because the options are not available to them. Therefore, whatever, handouts that are given to the people is accepted based on the lack of opportunities?

A measure based on utility ignores the factors that are needed for the achievement of the desires of the people of the ND. The focus on the substantive freedom the people have is a better means of determining what the people value and cherish. Sen (1992)

126 stated: “A person’s capability to achieve functionings that he or she has reason to value provides a general approach to the evaluation of social arrangements, and this yields a particular way of viewing the assessment of equality and inequality” (p. 5). The motivating factor for CA is the opportunity for a good life not the outcome of life.

According to Veenhoven (2010), the emphasis is on making life better for the people rather than seeking continuous economic analysis. CA gives the freedom and opportunities to make decisions that the agent value is thereby giving more avenues for liberty from external influences. Sen (1993) argued against the predominant measure of socioeconomic valuation based on the utilitarian, income and expenditure and satisfaction model.

The CA has an advantage over the Utilitarian approach because of the incommensurability factor. The incommensurability factor is linked to the question of common measure; for example, two different objects are commensurable if they have shared units. Utilitarianism assumes ‘homogenous utility' and therefore assumes

‘commensurable homogeneity.' This problem Sen explains: "Non-commensurability is present when several dimensions of value are irreducible to one another" (2009, p. 240).

This is the case of Utilitarianism and the use of GNP to indicate wellbeing; this does not give the complete picture of the situation. The incommensurability problem is solved by having a proper evaluation and assessment process that places values the way they should be instead of lumping them together. This value can be agreed through a process of public reason.

People first, public deliberation and public reason. Sen (2009:9) proposed a comparative assessment advocating a change to focus on realization rather than

127 concentrating on establishing rules to guide a just institution. This pays emphasis on how justice could be advanced rather than on a perfect institution. Democracy is an essential component in the quest for justice, and public reasoning and deliberation support it. Sen

(2009) stated,

Democracy must also be seen more generally in terms of the capacity to enrich

reasoned engagement through enhancing informational availability and the

feasibility of interactive discussions. Democracy has to be judged not just by the

institutions that formally exist but by the extent to which different voices from

diverse sections of the people can be heard. (p. xiii)

The essence is that the participation of all is essential in the enthronement of democracy.

This can be done through open, impartial scrutiny.

Open impartial scrutiny supports democratic public deliberation and reason; it is the process of allowing different voices to be heard. In a democracy, there are different aspirations, perspectives, values, traditions, and orientations. These pluralistic tendencies need to be allowed to sprout and develop in an atmosphere of tolerance and respect of opposing views. Citizens need to be impartial and objective, subjecting their interest to the common interest. Earlier in this chapter, the process of social choice and its use as a process of arriving at justifications based on the diversity of the perspectives and priorities discussed. The motivation for open as against closed impartiality was articulated, while, closed involves only members of a specified group, excluding outside groups, this have the possibility of introducing an element of bias. Open impartiality, however, includes a broad spectrum of agents.

128 Sen (2009) support the Adam Smith impartial spectator framework as a framework that can enhance public deliberation and reason, stating

one of Smith’s major methodological concerns is the need to invoke a

wide variety of viewpoints and outlooks based on diverse experiences

from far and near, rather than remaining contented with encounters actual

or counterfactual with others living in the same cultural and social milieu,

and with the same kind of experiences, prejudices and convictions about

what is reasonable and what is not, and even beliefs about what is feasible

and what is not. Adam Smith’s insistence that we must inter alia view our

sentiments from ‘a certain distance from us’ is motivated by the object of

scrutinizing not only the influence of vested interest but also the impact of

entrenched tradition and custom. (p. 45)

Agents carry various baggage (interest, influences, experiences), that affects the decision- making process of the agent. This calls for a constant examination of the agent’s actions and motivation as Smith (1759), demands that “we endeavor to examine our conduct as we imagine any other fair and impartial spectator would examine it. If upon placing ourselves in his situation, we thoroughly enter into all the passions and motives which influenced it, we approve of it, by sympathy with the approbation of this supposed equitable judge. If otherwise, we enter into his disapprobation and condemn it” (III.1.2, p.

110). The process of examining and appreciating the motivation for actions will lead to a better appreciation of the common good thereby leading to social realization facilitated by open impartiality.

129 The impartial spectator allows for open, impartial scrutiny this facilitates an all- inclusive process in deliberation supported by public reason. This process subjects the personal egoistic motives of the individual to the general good of the community, thereby enhancing a people’s framework. These are in concurrence with Smith (1759), that stated that agents “would act so as that the impartial spectator may enter into the principles of his conduct…he must…humble the arrogance of his self–love, and bring it down to something which other men can go along with” (II.ii.2.1, p. 83). Sen’s CA rests upon the exercise of public reason which follows the principles of the impartial spectator.

Sen (2009:106) proposed seven ways to contribute and enhance comparative and not transcendental relationships; recognizing the plurality of competing principles; possibilities of reassessment and further scrutiny; allowing partial resolutions, the possibility of incomplete ranking of justice; diversity of inputs and interpretations; the insistence on articulation and finally public reasoning.

The CA as a framework tool can be used in evaluation, the beauty of this tool is that it puts people first; therefore, the aim is to empower the people to be able to do and be. The assessment is focused on the people on what they can do. Therefore, within this respect, the CA as people-centered supports the expansion of freedom for persons to do and be; it will survive public scrutiny because of the objectivity and impartiality in its design. The implementation is citizen-driven. The CA has the potential of building the capability of the people. However, it can achieve this not as a solo policy but part of an integrated policy of human development. The policies of human development are to expand people choices and options.

130 This integrated process and the flexibility of integration of the CA with other policy initiative makes it attractive for use in the ND. Robeyns (2003) proposal for selecting capabilities includes a deliberative process supported by public reason. People need to agree to live together; people need to decide on rules to live peacefully and need to decide on the means of achieving it. The deliberative process of the CA is essential in promoting collective decision-making. When there is the perception that the decision was collectively agreed upon, there is less likelihood of conflict. The parties are availed of the instruments with which the decisions were made; this helps them to appreciate and understand the situation. The CA promotes the deliberative process; as Gutmann and

Thompson (2004) stated, it

affirms the need to justify decisions made by citizens and their

representatives. Both are expected to justify the laws they would impose

on one another. In a democracy, leaders should, therefore, give reasons for

their decisions, and respond to the reasons that citizens give in return...

The reasons that deliberative democracy asks citizens and their

representatives to give should appeal to principles that individuals who are

trying to find fair terms of cooperation cannot reasonably reject. (p. 3)

The good of the community is the basis of the decisions accepted as just based on public reasons. The people of the ND are peace-loving and fair-minded; the devastation has not changed their perception and willingness to come to the table to discuss. However, the dominant powers have not been as forthright and committed as the ND. It should not be an imposition but through negotiation and compromise. This happens in a situation where all have access to the reasons for decisions, in a respectful manner analyze, and discuss.

131 This is possible because there is respect for the people. This respect leads to the conclusions being acceptable even for a short period until a more comprehensive decision. This is a better option for the ND that the present situation where the voice of the people is not heard. There should be a reason for the actions of citizens as Kahane et al. (2010) noted, “deliberative democracy places moral demands on citizens. They cannot simply press their self-interest but must be willing to exchange reasons with their fellow citizens and to accept that the force of the better argument – the balance of reasons” (p. 9). The implication is the total participation of citizens in their affairs. The citizens let go of their self-interest and invest in the common good these requirements create a level playing ground for deliberation to be acceptable.

Cohen (1989) went further to present deliberations frameworks as an independent association; institutions support deliberation as means of decisions making process, respect for pluralistic values, respect for others views and the deliberative process as the source of legitimacy. These frameworks and arguments support the citizen focus of the deliberative process as it removes the arrogance of most officials when they believe they know the position of others without even seeking their opinions.

The glorification of public officers who lead with some sense of arrogance and confidence that they know the intentions of the people have contributed to the wastage in resource utilization in the ND as well as the inability of the people to convert the resources deployed. In reality, the officers are mostly uncoordinated with the people and out of touch with their existence. Their actions foreclose deliberations, reduces acceptance of the policies and leads to needless conflicts. The CA can help minimize friction by the public reason needed for decisions to be taken. The deliberation in the ND

132 facilitated by the CA will serve as a bridge in building mechanism that helps diverse parties to discuss respectfully. It brings officers in contact with people to justify their decisions, thereby beginning a process of interactions that promote understanding, clarity, and decisions can be changed leading to a process of healing in the ND. The respect for the communities in the ND should entail a comprehensive public deliberation process which recognizes the diversity of the people, the peculiarity of the environment, the experiences of the people and flexibility for the people to decide to be and do. This is in consonance to the CA process, which is a people-oriented framework and respects diversity. This will be a good option for the ND.

Niger Delta and social connections. The CA is not only focused on individuals, but the community plays an active role as it affects the success of the person. It is a transformative change from “means of living to actual opportunities of living” (Sen 2009, p. 233). This opportunity to live is not only in isolation for the individual but can be in a social connection where the agent interacts. The greater implication is the compelling need to move from what a person does to what a person can do, not considering if they are using the opportunities available to them. Sen articulates it as “doing something and being free to do that thing” (p. 237). The essence is the substantive freedom to be and to do; this shows a clear distinction between the CA from the Rawlsian and Utilitarian frameworks. Sen (2009) argues that CA is “oriented towards freedom and opportunities, that is, the actual ability of people to choose to live different kinds of lives within their reach, rather than confining attention only to what may be described as the culmination or aftermath of choice” (p. 237). The opportunity to make a choice is available to the agent

133 and whatever decision made influences the people. This action cannot be appreciated in isolation of the complex social relationships that aid, influence and sustain the effort.

Since groups do not think in the obvious sense in which individuals do, the

importance of capabilities that groups have would tend to be understood,

for reasons that are clear enough, in terms of the value that members of the

group (or for that matter, other people) place on the proficiency of that

group. Ultimately, it is individual valuation on which we would have to

draw while recognizing the profound interdependence of the valuations of

individuals who interact with each other. The valuation involved would

tend to be based on the importance that people attach to being able to do

certain things in collaboration with others. In valuing a person’s ability to

take part in the life of the society, there is an implicit valuation of the life

of the society itself, and that is an important enough aspect of the

capability perspective. (p. 246)

The capability of the agent is greatly influenced by the various social interactions and realities available to the agent. It will be understood that the interactions affect how the resources are converted to resources.

The social realities can be more valuable than the resources provided. The people of the ND are deeply rooted and immersed in their cultures. Resource-based evaluation will not capture the deep attachment to the culture; the implication is that resources might be provided that might not be used because the location or the conditions goes against the beliefs of the people. Sen (1999) gave justifications on the inability of incomes and commodities to be an adequate framework for evaluating the quality of life.

134 He proposed five reasons: heterogeneity; environmental diversity; variations in the social context; differences in relational perspectives and differential distribution within the family. These divisions are significant as it contracts with the resource-based approach.

The implication is that a measure of resources is different from a measure of functionings. The human development report (HAD, 1990) concurred with this assertion when it stated “the basic objective of development is to create an enabling environment for people to enjoy long, healthy and creative lives. This may appear to be a simple truth.

But it is often forgotten in the immediate concern with the accumulation of commodities and financial wealth” (p. 6). The deployment of resources in the ND has not improved the lives of the people because the environment needed for its actualization has not been created. The figure below by Robeyns (2005) shows the interconnections between the social arrangements, capability inputs, freedom to achieve, choice and achievement.

Figure 2. Stylized non-dynamic representation of person's capability set, social and personal context. Source: Robeyns (2005)

The figure demonstrates that the ability to excel and achieve functioning is a product of various social interactions and realities. The Sarkozy Commission on the Measurement of

Economic Performance and Social Progress, which was created in 2008 by French 135 President Nicolas Sarkozy to identify the limits of GDP contributed to a rethink in the implications and interaction of social arrangements to the ability of persons to achieve wellbeing. This places emphasis on relationships between human and society. This relationship is prominent within the CA; it is another advantage in the method. The social connection and interaction, as well as the people-oriented approach, stated in the earlier session, coupled with the linkages to their lives within the community makes the CA quite compelling. It seeks to ascertain if policies are meeting people capabilities. It explores the questions according to Robeyns, (2005): are people being healthy, are they being nourished, have enough food, are resources provided for their capability like clean water, link to doctors and health awareness issues, etc. These questions need to be asked in the ND.

However, these questions are not asked. Instead, the amount spent is continuously the focus. Therefore, embarking on this approach of CA goes against its critique as being individualistic and not catering to the need of the community. Instead, this approach is quite caring and in sync with the lives of the people as Dreze and Sen (2002) stated it is:

a ‘people-centered' approach, which puts human agency (rather than

organizations such as markets or governments) at the center of the stage.

The crucial role of social opportunities is to expand the realm of human

agency and freedom, both as an end in itself and as a means of further

expansion of freedom. The word ‘social' in the expression ‘social

opportunity' (…) is a useful reminder not to view individuals and their

opportunities in isolated terms. The options that a person has to depend

greatly on relations with others and on what the state and other institutions

136 do. We shall be particularly concerned with those opportunities that are

strongly influenced by social circumstances and public policy. (p. 6)

The development of the ND should not be an isolated process but should encompass the interrelationships within the social networks. The diversity of the ND makes the application of the CA very apt and useful. CA has an advantage of its focus on human diversity. It gives visibility to diversity and groups can express themselves. It achieves this aim according to Robeyns, (2005) by the multiplicity of dimensions of functioning and capabilities thereby being inclusive of all groups. The conversion factors include both social and environmental which is different for different groups of persons. The peculiarity of the various individual's conversion factor is a crucial factor.

Evaluation and assessment tool. The CA plays three critical functions that can be imperative in changing the course of the ND. Those functions according to Robeyns

(2005) are, first, the evaluation and assessment of individual well-being. This is followed by the review and assessment of social arrangements and finally the design of policies, and proposals that will bring about transformation in the society. The essence is the opportunity and freedom for the people to be and do that which they cherish. The personal assessment can be viewed from the people’s capabilities. These are the total opportunities available to the individuals, the various combinations of potential functionings available to the individual.

For example, if Yomi lives in Bonny Island, Nigeria where the government provides no subsidy or social support for needy families. He might have a functionings that might look like this: he can be a fisherman takes his canoe to the river and fish daily, whatever, he catches will be sold and used to provide for his family. This will not provide

137 him with enough money to enroll his kids in decent schools, but instead, he will be able to provide care and love to them at home. However, Yomi has another option of working as a cleaner in the Bonny offshore terminal of Shell-BP. He will work six weeks offshore and have seven days off to see his family and back for another six weeks of work. In this work, he will make enough money to provide decently for his family. The kids can go to a good school, but he will not be there to supervise and care for them. In analyzing the above scenario the option of fishing and caring for the family and working in the oil, terminals are not both open and available. We need to have the freedom to determine which capabilities are available, does he have the option of making a good wage and supervising my children? Does he have to decide about two functionings? The CA enables us to determine what capabilities are open to us. The CA emphasizes “the real opportunity that we have to accomplish what we value” Sen (1992, p. 31). Therefore, in the above situation, the option of a good life of providing for the family and the kids going to a good school is contingent on working at the oil terminals and not sharing in the life of the kids.

Sen (1993) subsequently stated that "the good life is partly a life of genuine choice and not one in which the person is forced into a particular life, however, rich it might be other respects" (p. 39). This situation, which is common in the ND, does not enhance the well-being of the people. The CA as an evaluative framework gives more options to the people, for at the heart of the CA is the question of freedom. How free are the people to make the choices they value? Sen (1999) classify process and opportunity freedom, while in the process freedom, the people have the agency to decide what matters and have value to them, whereas the opportunity freedom is what is available to the

138 people. Focusing on freedom is a better evaluation of measuring what the people value or what. The freedom and social arrangement from which the person operates is essential in the review and assessment. The acknowledgment of dissimilarities in people is fundamental in appreciating the CA.

This diversity lies in the ability of people to adequately conceive and covert resources as well as interaction in society. Therefore, the provision of resources does not adequately assess the societal arrangement in the various region, which is a determinant feature in the ability to transform those resources into functionings. The result is the provision and enactment of policies for transformation in the area. However, in a situation where these three prone approaches are not followed, it leads to wastage where enormous resources are deployed continuously, but they are not being converted to functionings to create transformation in the life of the people.

Resources, conversion, and utility. Alkire (2008) proposed that having resources can lead to utility moving from resources to functioning to capability and finally utility. If we take the example of Dafe Ojukoko having a canoe in the riverine terrain of the ND, this resource serves the functioning of mobility. However, owing the canoe is not the same as having the ability to paddle the canoe. Having the capability to paddle the canoe means that the persons can move around the creeks and riverine terrain of the ND. If

Dafe could not paddle the canoe for whatever reason, having the resources has not translated into functioning. Therefore, the availability of resources has not changed his life. In an alternative scenario, if Dafe could paddle and enjoys paddling to get to the various destination in the region if he paddles his canoe to his friend's house and they enjoyed a good meal of starch and soup. The capability to go to his friend's house and

139 enjoy a meal has enhanced his happiness and utility. Thereby showing interrelationships between the concepts as claimed by Alkire (2008). However, the best approach for measurement should be capability because the various adaptive preferences can blur the options if the utility is the means of analysis she concluded. Figure 3 below illustrates the example:

Resource → Functioning → Capability → Utility

Canoe → Mobility → To paddle → Pleasure

Figure 3. Illustration of the relationships between resources and utility.

The advantage of the CA over other methods is further enhanced by its dual nature of having evaluative and prospective assessment function. Alkire (2008) stated that the evaluative component accesses the states of affairs while the potential component puts forward sets of contextual considerations, policies, and processes to expand capabilities. The CA is multidimensionality focused; it produces information that can be useful in transforming the lives of the people, Sen (2009) stated "the capability approach is concerned with a plurality of different features of our lives and concerns…a serious departure from concentrating on the means of living to the actual opportunities of living"

(p. 233). The use of this information is context dependent; it is left for the people to decide what is important to them. The emphasis is on the ends; the real opportunity available to the people rather than on the means of living. This is another advantage of the CA as it departs from focusing on means evaluation; instead, it strives for

‘opportunity to fulfill ends.' Therefore, the articulation of the CA in the ND should encompass not just what the people do, but what they have the freedom to do irrespective of whether it was done or not. 140 Conclusion on the Capability Approach’s Applicability to the Niger Delta

Public participation is the hallmark of democracy. The people are at the heart of development. The situation in Nigeria, especially in the ND, is a developmental paradox where the people are suffering in the midst of enormous resources allocated to the area.

The deployment of resources has not changed the lives of the people; the officers from the state treat the people with contempt. The above scenario has led to capability failure in the ND, and the people are left at the mercy of the vicissitudes of life. The CA can be used to reverse this downward spiraling position as it is the logical framework in addressing the capability failure in the region.

This chapter argues that the CA is the better and most appropriate framework to address the situation of the ND based on the limitations of the Utilitarian and Rawlsian method. The CA can be used to effectively analyze issues of poverty and inequality as in the ND. The maximization of utility compromises the freedom and choice of the people.

The Utilitarian framework encourages adaptive preferences as poor accept their deprived state. The Rawlsian framework envisages an ideal situation where institutions work in the basic structure. These institutions will then guarantee fairness. However, as we have pointed out in this chapter, the possibility of adaptation in the ND is not feasible.

The grave situation in the ND calls for a shift from a means based to an economic-based evaluative method. The economic methods bases its analysis on income, consumption, and resources failing most times to detect inequalities. This lacking therefore necessitates a shift to an end based approach implying that humans should not be a means for economic undertakings but should be the end. This approach recognizes the diversity, and group disparities like gender, race, class, and age are taken into

141 considerations as well as the societal cultures and values. The capabilities give credence to those opportunities and concerns.

The conversion problem is not resolved by considering well-being as opulence or utility or resources. There is a difference between how people and communities convert resources; what individuals do with goods are essential and should be evaluated. The resources allocated in the ND has not been converted; therefore, there has been a lack of transformation in the life of the people and the communities. This is the basis of the capability failure in the region leading to frustration, violence, and militancy. This is a classic case of structural violence leading to direct violence. Therefore, to eliminate the violence, the structural issues that fuel the violence has to be removed. This chapter demonstrated and argued that the CA could be a standard for the just distribution of resources in the area and an appropriate theoretical framework to analyze the ND situation. The articulation of the need of the people should not be based on marginal utility or total utility nor primary goods, but instead, it should be founded on the freedom and ability of individuals to do and to be — the freedom of the people to choose and convert the resources that are provided. This process of conversion can be facilitated by various methods.

Education can be an effective tool in determining and enhancing the freedom of people to be and to do. In the next chapter, the role of education within the CA is explored within the context of the resource conversion problem in the ND. The kind of education envisaged to remedy the problem is proposed.

142 Chapter Four

Capability, Social Justice and Education in the Niger Delta

This chapter responds to research question two by demonstrating the role of education in the pursuit of justice in the Niger Delta (ND) within the capabilities theories of justice. It explores ways that education and peace education can be used to redress injustice in the ND, including resolving/transforming the conversion problem. The lack of adequate public participation will be articulated within the role education should and can play in facilitating people’s capacity to participate in decision-making processes, which is essential to foster the exercise of public reason in the ND. The chapter concludes with strategies for the role of education in building capabilities in the ND.

Introduction and Background

The conflict in the ND as discussed in Chapter 1 is a case of structural injustice leading to violence. This violence is a manifestation of the frustration based on the inability of the people of the region to convert the resources deployed to the region. There is a perception of injustice and a need for social justice for the region. Havey (2009) differentiates between justice and social justice in the following way:

Justice is essential to be thought of as a principle (or set of principles) for

resolving conflicting claims. These conflicts may arise in many ways. Social

justice is a particular application of just principles to conflicts which arise out of

the necessity for social cooperation in seeking individual advancement. (p. 7)

The quest for social justice can be facilitated by education, as we will argue in this chapter. The ND area of Nigeria produces significant wealth for Nigeria, yet it is among the poorest parts of the country. There is a lack of adequate infrastructure and poverty is

143 prevalent. The government and multiple stakeholders have deplored vast resources to the area, but it has not made a significant improvement in the life and wellbeing of the people. In Chapter 3 of this dissertation, it was argued that the problem is not based on the amount of resources allocated to the area but on the ability of the people to covert those resources to capabilities. Gale and Molla (2015) stated,

the central proposition of the capability approach is that quality of life,

deprivation, inequality, and injustice as well as the level of development and

poverty in society should primarily be evaluated in relation to people's substantive

freedoms, not the resources they possess or their self-evaluated level of preference

satisfaction. (p. 812–813)

The essence is that the improvement of the life of the people is not dependent on the volume of resources at their disposal nor utility but on the freedom the people have to convert the resources.

The problem of the ND is, therefore, a resource conversion problematic; the challenge of converting resources to capabilities. It is argued that various factors are contributing to the problem including the problem of different conversion factors, lack of public reasoning and deliberation as well as officials deploying resources without consulting the people. How can this anomaly be remedied? In Chapter 3, it was proposed that the capability approach, which gives people the freedom to do and to be what they have reason to value, should be the development framework for articulating the diagnosis and remedies of injustice in the ND.

This chapter is divided into three interlinked sections. The chapter starts with an overview of the educational situation in the ND thereby making a justification for the

144 capability approach of education. Three frameworks of education were discussed: human capital theory, rights-based, and capability based. A motivation was made that the capability approach was the appropriate framework. The capability approach is an empowerment method that can work with the progressive and social reconstruction framework. The second part of the chapter discusses the progressive and social reconstruction framework and the effect of its application in the ND. The final part of the chapter discusses the potential contribution of peace education in the quest for social justice as well as how the progressive and social reconstruction framework can contribute to public reasoning and deliberation in the ND.

Importance of education in building capabilities. Education can provide the framework for the quest for justice and transformation in society. Education can create awareness that can propel the action. Snauwaert (2011) states it this way: "Awareness of and indignation about, injustice, in turn, motivates multiple attempts to enhance justice.

The advancement of justice, in the face of manifest injustice and the moral imperatives of humanity, is, therefore, a twin part of the pursuit of justice" (p. 323). Therefore, the pursuit of justice can be linked to an awareness which education can facilitate.

The role that education will play in transforming the ND is envisaged within the capability approach. This approach blends both the instrumental and intrinsic component of education, the kind of education practiced having a profound impact on the lives of not only the recipients of the education but the lives of the people in the greater society.

Education is a significant determinant and influencer concerning the quality of life and the ability of the people to achieve what they cherish. The situation in the ND has not improved; there is a need to change the concept and motivation for education in the

145 region. Societies are in constant state of flux; changes are inevitable and expected. As society changes, the education it gives to its citizens should equally change for education is vital for the survival of any society. The society cannot be divorced from education, as the school is a vehicle for reform in society. Therefore society can only grow when there are innovation and change; helping the citizens have an ‘examined life' for the future of any society depends on education and means of formation. Transfer of knowledge leads to the survival of societies.

The means of this transmission is vital, for learning is an initiation into new knowledge. It is imperative for every community to establish and devote a considerable amount of time and resources towards the education of its populace. The ND should not be an exception. The case was made in Chapter 2 about transitioning from education as an option to education as a necessity and part of the rites of initiation and passage. It is envisaged that the education can be both in the formal and informal settings with parents and communities playing roles.

Therefore, for change to happen, there is a need for transformation; for education strives to produce educated persons who can contribute their quota to the advancement of society. Education is not about giving and receiving information but should include opening the minds of people to see beyond the surface; it is meant to prepare people to be able to think. It is the thinking process that makes the receiver enlightened and educated.

How should education be administered? What are the frameworks for consideration?

There should be an excellent public education, what kind of education should it be? It is argued in this chapter that there is a need to change the traditional educational practice

146 that is not working to a more effective method. The method envisaged is an empowerment framework in conjunction with the capability approach.

Education in the ND. Learning is an active process, and the society has a responsibility to ensure that all citizens achieve their objectives, if there were some deficiencies based on the environment in which the child grew up; efforts should be made to rectify such for the child to be at par with others. The circumstance of birth should never be used as an excuse for the child to get less than the best education the state can provide for citizens. The situation of education in the region does not enhance what is for the best of the student. The motivation for the teachers is also not at its best in some of the schools. The schools should provide opportunities for learning to take place. The school should, therefore, be equipped to play that role. This will be in the form of the curriculum, the teachers and facilities for learning. In a report by Ukpong (2017) sponsored by the Natural Resource Governance Institute, he described the educational situation in a community in Akwa Ibom state in the ND.

The man wearing a T-shirt on a wrapper lowers his head and frame

slightly, to enable him to step out of a small opening that serves as the

entrance door to his thatched house. He identifies himself merely as

Fingesi. ‘I teach in that school over there,’ Fingesi says, pointing at a

makeshift structure with a zinc roof, near his house, which serves as the

community’s only primary school. Apart from two chalkboards nailed

loosely onto wooden pillars, nothing suggests this is a place for learning.

A goat lies on the only school desk, and what would have been the

second desk is broken. As many as 40 pupils sometimes cram into the

147 small space to receive lessons in Mathematics, English, Social Studies

and her subjects from Fingesi and one other teacher who also serves as

the school head. (para. 2)

The picture below also from Ukpong shows the situation, and it is instructive to state that the ND is not homogenous (Figure 1). There are lots of differences between communities as well as differences between rural and urban settings. However, the fact that the above situation still exists in an oil-producing community is a cause for worry and illustrates the need to change the educational priorities and focus.

Figure 4. School in ND picture courtesy of Cletus Ukpong

Adler (1988) stated that a democratic society should be able to provide an equal educational opportunity for its entire citizens. This is achieved through the design of a curriculum that will assist in the preparation of educated citizens. The emphasis should not be on time spent in school but on the quality of education that is provided to achieve the goal. The prevailing situation in Nigeria, especially in the ND where the quality of education seems to offer a different educational opportunity for different classes of citizens, has enormous implication for the future development of the region. The impact

148 is that at an early age kids are already being segmented based on the consideration that is not of their making. Those who are to toil for others and those who are to be leaders in the social, economic and political sphere of life are educated differently. This kind of education violates the basic educational principle, which is equality for all. There is a need to devise means to change the situation.

The method envisaged is an empowerment framework that encompasses progressivism and social reconstruction. Therefore, the questions articulated in this section will be examined within the framework of progressive and social reconstruction empowerment education propagated by John Dewey and Paulo Freire. However, a better understanding of the educational landscape in the ND is essential.

In chapter 1, we discussed the educational situation in the Niger Delta concerning enrollment as well as participation in SSCE and JAMB examinations. The data shown a dismal situation of large number of out of school children, low enrollment in examinations and poor pass rates. In the JAMB examinations only Imo and the Delta

States made the top states concerning enrollment numbers. In order to pass the JAMB examination, students need to enroll, to be eligible students need to pass the SSCE examinations. Federal Ministry of Education MoE (2017) data shows that 88.9% of the states in the ND have JS and SS school’s completion rate of less than 50%. Students write the examination at the completion of schools, therefore if a significant number are dropping out of school, it affects the number that writes the examination. The average for

SS is even lower at 32.86%, the implication of not completing secondary schools is the inability to write JAMB examination.

149 The West Africa Examination Council (WAEC) pass rate is considered credit pass in five subjects including English and mathematics. This is also the requirement to get admission into most institutions of higher education. The data from the West Africa

Examination Council (MoE, 2006) shows that no state in the Niger Delta scored up to

50%. Bayelsa and Cross Rivers State scored the lowest of 4.33% and 7.05% respectively.

The implication of the data above is that a large number of people from the region who should be in higher education or working are not because they are not qualified. Federal

Ministry of Education MoE (2017) data shows that 9.84% of children are not in school this is translated to 3,11 million children out of a population of 30.55million.

The large number of children out of primary school, can mean a temporary closure of opportunities for education for the criteria to enter secondary (high) school is successful completion of primary school. This inability to attend school goes against the

Convention on the Rights of the Child (CRC).

Convention on the Rights of the Child (CRC) and Education. The CRC ratification and accession were by the United Nations General Assembly resolution 44/25 of 20 November 1989. It came into force on 2 September 1990, under article 49. The convention provides for the participation of children in education; specifically, Articles

28 and 29 provide for free universal primary education. Article 28 states:

1. States Parties recognize the right of the child to education, and with a

view to achieving this right progressively and from equal opportunity,

they shall, in particular:

(a) Make primary education compulsory and available free to all;

150 (b) Encourage the development of different forms of secondary education,

including general and vocational education, make them available and

accessible to every child, and take appropriate measures such as the

introduction of free education and offering financial assistance in case of

need;

(e) Take measures to encourage regular attendance at schools and the

reduction of drop-out rates.

Article 29 states:

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and

physical abilities to their fullest potential;

(d) The preparation of the child for responsible life in a free society, in the

spirit of understanding, peace, tolerance, equality of sexes, and friendship

among all peoples, ethnic, national and religious groups and persons of

indigenous origin;

(e) The development of respect for the natural environment.

The education envisaged for the child is a holistic education that prepares the child for life. This includes learning about democracy and how to participate in the life of the community. Other articles, notably 12, 13, 14 and 15, call for the protection of the child and the freedom to express their feelings especially concerning minorities in ethnically diverse countries like Nigeria. Nigeria is a signatory to the convention, and it is applicable in the ND, however, it is not comprehensively enforced as evident by the considerable number of out-of-school children.

151 The need and right to education are imperative in enhancing life chances. There is a linkage to capabilities based on the freedom and choice that people must make. The capability is about the freedom to exercise and achieve functioning. The decision to exercise that right is at the prerogative of the agent, the state as the CRC shows must ensure that the education capabilities is obtained. How the agent uses it is not the concern of the state. The agent has the freedom to decide what to do, and education can enhance such agency. As Sen (2003) stated, “The ability to exercise freedom may, to a considerable extent be directly dependent on the education we have received, and thus the development of the educational sector may have a foundational connection with the capability approach” (p. 55). Therefore, the state should ensure that children of age go to school and facilities for adequate learning is provided in the schools. That is the responsibility of the state; however, what the student does with the knowledge received is optional. For therein lies the beauty of the capability approach because of its emphasis on freedom. It is the prerogative of the agent to decide what to do with the knowledge, but the state should provide the opportunities.

Capability Approach and Education

Education is a great leveler in society; it has a massive impact on transforming the lives of people. Giroux (2005) conceptualized education within the realm of power and the dynamics of the various social relations "knowledge is always linked to power; social practices are always embodiments of concrete relationships between diverse human beings and traditions, and all interaction contain implicit visions about the role of citizens and the purpose of the community” (p. 150). The situation in the ND cannot be divorced from the complex social relationship between the region and the rest of the

152 country. The ND is a minority group producing the wealth that drives the engine of the country. The knowledge of the impact of their contribution to the nation and the state of poverty of the region can be a tool for a campaign for social justice to redress the grievances. Education plays a huge role in the knowledge generation and the development of the capabilities needed to effect the change. Therefore, being educated can be a powerful tool. The capability approach articulates its attainment.

The interrelationship between CA and education can be conceptualized as stated by Saito (2003) as the "enhancement of capabilities and opportunities and the development of judgment concerning the appropriate exercise of capabilities" (p. 17).

The essence is a concentration and attention focused on people not what the people could do with resources. There is a shift of attention and focus on the intrinsic things that constitute value to life rather than concentrating on goods that provides only instrumental value. The valuation is placed on the resources based on the value it brings based on the freedom exercised. The UNDP Human Development Index places much attention on the development of human choices and the freedom of the people to make that choice. It, therefore, sees development "not as the expansion of community and wealth but as the widening of human choices" (p. 22). These choices are imperative in the determination of life chances. The concentration on economic growth downplays the essence of the critical role that education plays in providing a supportive and fulfilling role in the ability of people to decide and make those choices. The educational attainment of a people is a crucial factor couple with literacy and school enrollment to determine the decisions people can make (Saito, 2003). Education can take multiple forms.

153 Education should not be viewed as schooling only, for education can take both formal and informal learning. For example, Saito (2003) argues that the education that mothers received through maternal education on child survival can be attributable to increase in life expectancy, higher socioeconomic status, better health for mother and child, cleanliness as well as various aspects of family planning (p. 23). This education in the above example, therefore, increased the capabilities of the recipients thereby changing and transforming their wellbeing, lives and the society. The above example shows that education should, thus, not be seen as “schooling” or “being in school,” as learning can take place in different forms and thereby build the capability of the people.

The development of capabilities can lead to changes in the economic and social dynamics in the communities.

The social inequalities cannot be divorced from the economic inequality and its adverse effect in education leading to intergenerational poverty. This scenario is quite visible in the ND with the apparent lack of improvement in the educational stock of the people. Some of the states in the area are classified as the educationally disadvantaged state as discussed earlier, but there has not been a movement away from the classification status quo for the past twenty-seven years. The classification as an educationally disadvantaged state means emphasis and forward-looking affirmative action is embarked to assist the states. However, the inability to develop educationally and move away from the classification as educationally disadvantaged twenty-seven years later is based on the attitude in education planning reinforced by admission, classification of learners, curriculum, and design among other criteria, which does not take into consideration the need of the people of the ND. This situation needs to change for education can be the

154 catalyst for change. This dissertation argues that the capability approach can be a useful framework.

Education enhances human freedom, not having it limits human development; therefore, helps citizens to enhance their lives and be able to help others (Sen, 1999). The potential contribution of the capability approach to the uplifting of the people of the ND can be enhanced through education. The application in education can foster a spirit of cooperation, love, and respect for diversity and individual preferences facilitating the wellbeing of the people. The individual is not seen as an object but an end in itself. Sen

(2009) supports critical engagement of the individual as he states that social policies should not only be evaluated but should be inclusive of the individual aspiration which should be paramount.

Capability Approach aims at providing a holistic and comprehensive approach beyond education as a human right and the economic view on education as a means of livelihood to provide an option for comprehensive human development. When the value of education is surveyed in terms of the capability to achieve valued functionings, instead of accumulation of resources, it becomes clear that society has a duty to ensure that all are educated and enable each child to complete at least a primary education, regardless of their relative contributions to economic growth (Vermeulen, 2014). The CRC and various other conventions supports this assertion.

The Universal Declaration of Human Rights (UDHR), Article 26 reads:

"Education shall be directed to the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms" (UN, 2012). This conforms with the CA which has led to a shift of emphasis from education considered not

155 only as a means of economic value and human rights but as having both intrinsic and instrumental value; also essential for human development. Therefore, access to education becomes an important development tool and indicator. The recently declared sustainable development goals have goal four essentially about education. The success of the

Millennium Development Goals (MDG) gave birth to the articulation of a new initiative by the United Nations called the Sustainable Development Goals (SDG). The SDG is a call for creating a better world for the people and the planet. The SDGs gives 17 global goals set by the United Nations General Assembly in 2015 as part of resolution 70/1 titled: “Transforming our world: the 2030 Agenda for Sustainable Development”. The

SDG calls for action on climate change, ending poverty, peace, and justice among other goals. Goal 4 calls for "inclusive and equitable quality education and promote lifelong learning opportunities for all." The need for quality education is at the heart of sustainable development goals. The SDG according to www.un.org/sustainabledevelopment/education stated, "In addition to improving quality of life, access to inclusive education can help equip locals with the tools required to develop innovative solutions to the world’s greatest problems.” Capability Approach in principle contributes to this search for innovative solutions and can play various roles through education. Goal 4 of SDG acknowledges the need for quality education as the key to sustainable development. The attainment of SDG goal four can promote a better quality of life and give the people the tools and skills needed to solve local problems. The capability approach shares the same goals that education can lead to the expansion of capabilities that can enhance the well-being and life chances of the people. Therefore, a

156 capability-based education can lead to the attainment of goal 4 of the SDG, which is a foundation for most of the other SDG goals.

The SDGs and capability share similar roles as enunciated by Unterhalter (2009) who articulated three areas of interest in achieving capabilities through education; there is an instrumental social role, empowering and redistributive roles. These roles are similar to the roles played by SDG. The instrumental role enhances dialogue and debate building the capability for citizens to take part in governance and decision-making. The marginalized groups in society through education can organize themselves to take positive collective actions to change their situation. Education builds the capability to gain access to power holders and contribute to democratic freedom for the possessor of it and others within their sphere of influence (Vermeulen, 2014). This empowerment achieved through education is all-inclusive and not restricted to only economic or democratic participation.

Development, Education and Capability

The development of a just society that respects human dignity and wellbeing is vital in the application of the capability approach. Development can be linked to enlightened citizens who can promote social justice. This promotion of social justice can be enhanced through education as Otto and Ziegler (2006) argues that capability approach improves the ability of the agent to take action as the capability approach is an

"enlightened framework for promoting social justice in education, i.e., the contribution of education to enable individuals to function as equal democratic citizens when conducting their lives in modern societies" (p. 270). This is important as the individual has the freedom to decide what concerns their lives. Education has a significant impact in developing such society as Sen argues that: ‘the ability to exercise freedom may, to a

157 considerable extent, be directly dependent on the education we have received, and thus the development of the educational sector may have foundational connections with the capability-based approach' (Sen, 2003, p. 55). This assertion is in agreement with

Nussbaum’s (2006a) assertion that “education is the key to all human capabilities” (p.

322). The development and expansion of capabilities which education can facilitate can lead to a de-escalation of the conflict in the ND and bring development.

The question then can be the kind of education that can be an enabling factor to facilitate the conversion of resources. How will be that kind of education? What will constitute that kind of education? Gale and Molla (2015) argue that education can free agents and give them the ability to succeed in life. In essence, education is a tool that the agent can use to achieve wellbeing and success in other aspects of life.

Education inequality is not a simple lack of access or unequal

participation and completion rates among individuals or social groups. A

deprivation of foundational capability such as education adversely affects

a person's substantive freedoms in other spheres of life as well. They are

being positioned outside of the education system (whether due to a lack of

private means or public support) is a form of social exclusion, an

expression of capability deprivation. (p. 819)

The lack of education can lead to social exclusion, and it can lead to the inability of the agents to participate in the life of the community. Later in this chapter, the importance of public reasoning and deliberation is justified. The lack of education inhabits the agents from playing that useful role. Public reasoning is an important social function that can be used in conflict prevention and democratic practice. Education is an enabler. Education

158 can, therefore, be a tool for liberation and empowerment. Ayers and Ayers, (2011) stated

"Education at its best is habit breaking and reorienting, it is about opening doors, opening minds, and inviting students to become more capable and powerful actors and choice- makers as they forge their pathways into a wider world. Education at its best is the practice of freedom” (p. 21). The freedom that education gives opens the mind and can lead to the development and expansion of other capabilities as education is considered a necessary capability (Sen, 1992). Therefore, in education the empowering of the student to be independent and open-minded is essential. Life is filled with options and choice, but how do we make an informed choice if we are not aware or able to get the needed information? Education gives the analytical tools for discerning the appropriate course of action, and it can also play various roles which will assist the agent to live the life they cherish.

The capacity to live life to the fullest can be dependent on the ability of the agent to convert resources. These conversion factors can be enabling or constraining. The enabling social conversion factor empowers the agent to convert resources while the constraining factors prevent the conversion of resources. Education is an enabling conversion factor (Gale & Molla, 2015; Robeyns, 2005a; Unterhalter, 2003).

Capability approach provides a framework for assessing social justice; through education can be used to address the society’s development needs, human capital development needs as well as the aspirations of the individuals (Rajapakse, 2016). The benefit of the capability approach is its integrative approach. The capability approach can be integrated with various methods; this flexibility in application and integration means different analysis and evaluations can be performed with the capability approach.

159 However, this critical integrative factor has a lot to do with agency, as Sen (1999) argued that the achieving of capabilities depends on the opportunity of the agent to reflect and be able to participate in their lives. This calls for an agency which is imperative for freedom of the learners to decide how to use the resources and opportunities available to them.

Agency and educational capability. The ability of a person to act in any given situation based on awareness and the intended result can be considered as the agency.

The action taken has the effect of influencing the environment. Schlosser (2015) stated that the ability of the agent to act could be influenced by various factors "the capacity to act intentionally just in case it has the right functional organization: just in case the instantiation of certain mental states and events (such as desires, beliefs, and intentions) would cause the right events (such as certain movements) in the right way" (p. 4).

Schlosser argues about the potential for factors influencing the intentionality of action. In this respect, education can assist in making a better and more informed decision because of the access that education can bring to the agent. Agency is vital in articulating the role of education in building the capability of the people to be change agents. Lozano, Boni,

Peris and Hueso (2012) agreeing with Sen (1999) stated that

agency is particularly relevant for reflecting on education as it implies

three levels of claims: the claim that it is possible to educate people to

apply reason to personal decisions and preferences, the claim that it is

possible to enhance people’s capacities to reflect critically on the world

and to envisage desirable changes, and the claim that capacities to

accomplish such changes in practice can also be cultivated. That is to say,

for the capability approach the goal of education is to expand people’s

160 agency (empowerment) to enable them to be the authors of their own

lives. (p. 134)

Education enhances agency for it gives people the ability to think, reflect and choose.

Agency deals with the ability of the agent to act independently; it is linked to the freedom of an agent to act and express themselves without inhibition (Schlosser, 2015; Barker,

2003). The ability of the agent to transform situations was highlighted by Emirbayer and

Mische (1998) as they defined agency as the “constructed engagement by actors of different structural environments—the temporal relational contexts of action—which, through the interplay of habit, imagination, and judgment, both reproduces and transforms those structures in interactive response to the problems posed by changing historical situations” (p. 970). Thus educational capability approach promotes agency as

Saito (2003) opines that the education "best articulates the concept of Sen’s capability approach seems to be the one that makes people autonomous and, at the same time, develops people's judgment about capabilities and their exercise” (p. 29) This does not equate to selfishness or excessive individuality, as Melanie Walker (2004) explains:

This ethical individualism informs Sen's work – every diverse person

counts - whereas the neo-liberal view grounded in an ontological

individualism is driven by selfish self-interest. The implication for education

is that while statistical indicators (for example how many children are in

school, for how long, with what success in examinations) are essential, these

cannot tell us the whole story of how well children are doing in school. We

need to find methods that enable us to scrutinize individual experiences and

outcomes as well. (p. 4)

161 This process of analyzing and ensuring that the personal experience counts and are factored in the analysis is the hallmark of the capability approach. This gives the agent the freedom to decide the life they wish to live. Education is an enabling factor in this process, and there are various models to articulate the role envisaged. Three perspectives to the education of human capital theory, right based theory and capability perspective will be discussed. The essence of presenting these three perspectives to education is that it helps to appreciate better the choice made.

Section 1: Three Perspectives on Education

This section explores the three perspectives of education, the human capital theory, the rights-based approach, and the capability-based approach. It highlights the benefits and disadvantage of each method. It concludes by motivating that the capability- based educational framework is the most appropriate to solve the conversion problem of the ND. In arguing for the capability-based educational framework, it is imperative to discuss the human capital and the rights-based approach. The capability-based approach takes the best from both the human capital and the rights-based approach.

Human capital theory of education. Recall in Chapter 3, and we discussed the utilitarian perspective concerning justice. The human capital perspective is more in line with the market-driven economic perspective of utilitarianism that focuses on equating income with wellbeing. This approach values education "in terms of its contribution in developing individual skills, which in turn increases both private and social returns"

(Rajapakse, 2016, p. 5). The basis of this framework is that education is considered as an investment that increases productivity by the skills and knowledge it gives to the recipients. This vision of education is instrumental; it highlights only the economic

162 benefits of education based on a cost-benefit analysis. It caters on the economics of individual self-interest; where individuals are supposed to be operating in a free market.

In this respect like all investment, there is a cost component. The level of investment in education can be viewed based on the perception or calculation of the investor of its return on investment in the form of earnings and opportunities it will provide. These opportunities will be in consideration of the expected higher return on investment based on higher wages, which the employer is willing to pay because of the increase of productivity of the worker.

The shortfall of this method of educational analysis is that it does not address conversion factors. This dissertation addresses the conversion issues as (Rajapakse, 2016) stated "By conversion, we refer to the possibility and ability to transform the instrumental means into genuine ends for the individuals concerned. Individuals must be able to derive intrinsic value from these resources" (p. 5). The human capital conception of education does not address this issue as education is considered as an investment that should yield return as expected of other means of production. Robeyns, (2006) highlights other disadvantages of this approach, and she stated that it is ‘economistic' in approach implying that its focus is only an increase in productivity and higher wages. This she argues does not explain “the behavior of someone who wants to spend her time studying something without any prospect on economic returns from the education” (p. 73). The consequences of the instrumental nature of this educational approach are that no value is ascribed to economically non-instrumental values like learning dead languages.

The human capital educational approach can also lead to discrimination because access to education is then allowed to justify production. Therefore, those not deemed to

163 be able to contribute economically will be discriminated against like women in some cultures and physically challenged. The cost of education is also factored concerning the return in investment, which might compel some families to have their kids working on the farm and producing food rather than going to school. Robeyns (2005) concluded that

“summing up, understanding education exclusively as human capital is severely limiting and damaging, as it does not recognize the intrinsic importance of education, nor the personal and collective instrumental social roles of education. Note that this does not imply that we should completely do away with seeing education as human capital; instead, it is important to recognize that there is more to education than human capital”

(p. 74). Education should, therefore, be an embodiment of both intrinsic and instrumental value. Education enables the agent to flourish, and in this way, it achieves an intrinsic value, it can also play the role of enhancing the advancement of other capabilities. In this function, it fulfills the instrumental value role (Sen 1999; Robeyns 2006).

In the ND, economic empowerment is linked to some vocational training. This can then be envisaged as education. However, there is a definite limitation in this form of education as Dean et al. (2004) opines that such ventures “is preoccupied not with enhancing human capabilities, but with maximizing economic incentives and individual self-sufficiency. The provision of skills training may well improve a person’s functioning as an economic actor, but it will not of itself enhance her capacity to choose how she lives or to achieve happiness. Skills and knowledge that may be exploited in the labor market are not the same things as capabilities”. This is the classic case in the ND, where the multinational oil companies and the government set up such vocational institutions.

The essence is that the capacity of the people is not enhanced but the economic value.

164 This can lead to some aspect of human development, but not a complete human development of the persons.

Human capital has an indirect bearing to influencing economic production, while, human capabilities are linked to wellbeing and freedom, social change and economic output in various direct and indirect linkages (Sen 1999). There is a relationship between human capabilities and human capital based on freedom. Sen (1997) argues that the similarities lie in the human development component of the approaches; however, capability approach goes well above the economic dimensions to focus on the freedom to achieve whatever quality of lives they want to live. The implication is that the people are considered as the end and not the means to economic growth or progress. Development should not be seen in isolation but linked to the greater need and freedom of the people.

The educational need of the people can also be facilitated by a legalistic process of education embodied in the rights approach to education.

Human rights approach to education. The kind of education received have a colossal impact on the lives of the people, however, of more consequence is the ability of the agent to be able to convert the education to achieve the lives they cherish. There is another perspective to education; this is the right based approach, which considers education as a human right. The human right framework sees education as intrinsically valuable for its sake as a human right that should be provided for all citizens. Robeyns stated that "viewing education as a right form the conceptual antipole of viewing education as human capital. The latter stresses efficiency considerations, while the former stresses justice-as-rights considerations. This has consequences for how human beings are viewed: human capital ultimately sees human beings as input factors for economic

165 production and growth, whereas a rights discourse sees human beings as the ultimate ends of moral and political concerns” (p. 75). The value of this perspective is that all persons will be educated not counting or presuming how education can be used. The right-based approach to education considers education as an entitlement. The implication is that what the agent decides to do with the education is up to the agent. The choice with how the education is to be used and the value is strictly left to the agent. Therefore, whether the education adds instrumental value to the state, the community is not necessary, the importance is that the state should provide the education. The rights-based framework is attractive in ensuring education for all. However, it has some disadvantages.

The articulation of rights according to (Rajapakse, 2016) can ‘lead to incomplete understanding, and therefore execution of those rights" (p. 2). The right approach can be too much legalistic and a duty of care will not be available to the people. Earlier in this chapter, we discussed the CRC and the UDHR; these are international conventions. These conventions have educational rights embedded in them; most states have consented to the agreements and domesticated them as laws. However, there is no strategy, strong will nor intention to implement the rules. In the eyes of the state, what needs to be done has been done, this is the shortcoming of a legalistic approach to education as a right, where the goal is to make the law but not necessarily to implement it. The right approach runs the risk of allowing policymakers to interpret the right to education within a limited perspective that will not improve the lives of the people (Robeyns, 2006). The evidence from Nigeria that is a signatory to the various declaration on educational rights is an example. Nigeria has domesticated the declaration into local legislatures that supposedly

166 give free education to children. However, the reality is that many children are out-of- school. The data from the Ministry of education which was highlighted in this dissertation shows this trend of a considerable number of kids out-of-school even with government domestication of the various covenant on rights to education.

This is confirming that endorsing and domesticating the regulation does not change the reality on the ground. Unterhalter (2003b), mostly in agreement, wrote, “It is widely held in the UDHR, in documentation associated with the EFA movement, with the

Millennium Development Targets and in Constitutions of many countries that education is an intrinsic good for women and men. However, sometimes these statements appear merely rhetorical" (p. 8). This limitation is obvious as the Government is not enforcing the law; the impression is that the needful has been done by domesticating the law.

Robeyns (2006) claims that there is more to be done especially in the enforcement of the rules. She stated that schools should be "available and accessible, and teachers are well- trained and well-paid, and teaching material is provided, and a good curriculum and pedagogy is developed” (p. 77). These are imperative, but the government has to go out of its way to ensure that all child is educated instead of standing on the premise that it has fulfilled the dictates of the law. These shortcomings of the human capital and right based approaches led to the articulation of the capability-based educational framework.

Capability Approach to education. The primary overarching capability purpose for education is the development of the individual capability to choose as well as the development of the capability of the individual to effectively participate in democratic public reasoning. In this framework, education is both the foundation of all other capabilities while simultaneously being a combined capability, implying a substantive

167 opportunity. The capability approach to education is not to replace the instrumental value of education driven by economic analysis but rather to include the non-economic and intrinsically implications for education. It does not also seek to eliminate the rights-based education, but rather to incorporate it into a comprehensive capability educational framework. The educational capability approach is social justice focused. It encompasses the ability of the student to choose as well as the substantive opportunity to determine the life they wish to live. In the ‘Education for all’ report by UNESCO (2002), the role of education in harnessing and promoting human capabilities was enunciated, the report stated that education would be

judged to be successful if they have enhanced people’s capabilities... From

this capability perspective, then, education is important for a number of

reasons…. The human capabilities approach to education…. recognizes

that education is intrinsically valuable as an end in itself. … Compared to

other approaches the capability approach goes further, clarifying the

diverse reasons for education’s importance. Although many of the

traditional instrumental arguments for education […] are accepted, the

distinctive feature of the human capability approach is its assessment of

policies not on the basis of their impact on incomes, but on whether or not

they expand the real freedoms that people value. Education is central to

this process. (p. 32-33)

The UNESCO opinion is that education should be all-embracing and accommodating, taking the positives of the human capital theory and linking it with the right to education protected by various international conventions.

168 The centrality of education in the development process is anchored in freedom.

As Sen (2003) argues, “The ability to exercise freedom may, to a considerable extent, be directly dependent on the education, we have received, and thus the development of the educational sector may have a foundational connection with the capability-based approach” (p. 55). In the transformation of societies, education plays a vital role, this is not just restricted to schooling for the sake of schools but the freedom and choice it provides for the recipient. This kind of education as Gale, & Molla (2015) stated

"recognizes that education generates economic and non-economic returns, promotes agency and supports social mobility of disadvantaged groups in society. In our account, education policies with these social justice intentions typically foreground human agency, social commitment, conversion factors, and adaptive preferences" (p. 824–825). The focus for education in the ND should be an educational system that is empowering and enhances human agency by encouraging the recognition, fulfillment, aspiration, and productivity of the agent. Thereby allowing the agent to be in charge of their learning; this cannot be done in isolation as the agent is influenced by environmental, cultural and social factors (Gale & Molla, 2015).

The influence of the environment on the child has enormous impact in determining life chances as illustrated by the example from Burchardt (2009); he stated a child would not yearn of becoming a ‘concert pianist if she has never seen or heard a piano' (p. 7). The implication is that the cultural, social and environmental influences affect and can trigger opportunities for the agent. It is, therefore, imperative that the environment becomes an enabling factor in the growth and development of the ND. An excellent and peaceful environment can enhance educational opportunities for the people.

169 Therefore, the kind of education that is integrative of these aspects and give freedom is the proposed capability based educational framework for the ND. Education within the confines of the capability approach has both intrinsic and instrumental value and is vital for human flourishing. Therefore, the capability approach to education takes the best from both the rights-based approach and the human capital approach (Rajapakse, 2016;

Robeyns, 2006). It is a process that will expand the capability of the people. Robeyns

(2006) concluded,

The assumption in the human capital model is that decisions, for example,

whether to educate a son or a daughter, are taken only on the grounds of

economic efficiency, and not also based on structural power relations in

families, which are in part sustained by the local nature of gender

relations. In rights-based approaches, men and women are entitled to equal

rights, but once these equal rights are granted, no further claims for social

change can be made…capability approach is wide in scope and complex

in comprehensiveness, and employs analytical categories that allow these

concerns and complexities to be taken on board. (p. 80–81)

The comprehensiveness and analysis of the capability approach to education make it a compelling and appropriate framework for empowering the people to be that which they cherish. Appreciating the influence of education in achieving human capabilities, it is argued that with education more human capital can be accumulated which can broaden human capabilities. Education, therefore, have a role in human capabilities development thereby shaping both its intrinsic and instrumental value (Saito, 2003) concluded.

170 Education can facilitate the ability to realize the expansion of capabilities fully.

This can happen in two possible forms, the acquisition of new knowledge and capacity as well as the opportunities and capabilities that the new knowledge brings. Let us take two different examples one in the formal and the other in an informal setting. Dafe owes a canoe, but he always goes fishing in the afternoon, he catches few fishes. He spends hours and yet did not get considerable success. He decided to attend a course on fishing and trained on an appropriate and effective way of fishing. Dafe took his lessons seriously and applied the learning. He now goes out early in the morning to fish as instructed using the appropriate methods and tools; his catch of fish has improved tremendously. This has a profound effect on his wellbeing, his family and the community. The training he has received has improved his life.

Yomi on the other hand, after high school decided to enter the university to study.

She studied geology, and after graduation, she was offered a job in Shell BP, and she is part of the exploration team. The education, she received imparted her that she can contribute to the life of the community, she with others of like minds can mobilize and organize community forums. Through public reasoning, dialogue and deliberations the needs of the community are discussed and agreed. They have been able to engage the government and other stakeholders to bring change to the community. This has made a lasting impact on the lives of the community. The decision to go to school, graduate and seek a job has been able to change her life and that of her family by the opportunity available to her as a geologist. She makes extra money which enables her to contribute to the welfare of her sizeable external family including sponsoring some to school. Saito

(2003) stated that "There are so many opportunities that we are not aware of in our daily

171 lives. Education can play a role here" (p. 27). Education plays the role of opening the vistas of opportunities which we can decide to utilize or not use. The example of Yomi illustrates the benefit of education in the community.

Education as economic empowerment or capability. Life deals with different sets of cards for different people. Walker and Unterhalter (2007) argue that choices are influenced by opportunities available, marginalized groups come to assent to their weak status as inevitable within the scheme of things, not minding if it prevents further opportunities. This destroys aspirations for the future because they, therefore, lack the courage to challenge the situation because they feel that it is their lot in life. CA challenges that concept by empowering people to think differently. The violence in the

ND is a reflection of a resort to self-help based on the inability of the people to envisage an alternative that solves the people in the region. Capability approach using education can change this mindset and empower the people. Hoffman (2006); Robeyns (2006);

Vermeulen (2014) argues that the capability approach is multi-dimensional and comprehensive placing lot of emphasis on education and the role education can play not only leading to access to resources and development; but increasing the ability of people to reason and make value decisions.

Education can lead to a higher quality of life and can help in breaking away from the shackles of poverty; (Sen, 1995) argues that education "not only in accumulating human capital but also in broadening human capability" (p. 43). The access to education is therefore imperative. Education should not be seen or considered only as a means of economic empowerment; however, if education when viewed in terms of capability, it will be a responsibility of society to ensure educational capabilities for all. This provides

172 the holistic development of the agent. Vermeulen (2014) quoting McCowan (2011) states that CA has three contributions to education:

First, it can provide a fuller conception of the realization of the right to

education; second, it can direct attention towards the heterogeneity of

learners and third, it can guard against an overly state-facing approach.

These points relate to different aspects of the right to education, and

thereby they provide insight beyond the rights-based approach: whether

the right has been upheld; whether the constraints on individuals and

groups exercising the right are met and whether the responsibility for the

upholding of the right is taken.

This framework places a duty on the state to ensure that constraints against attainment of educational capabilities are removed. Capability approach can help analyze the situation of education in the ND, and the findings can assist in articulating appropriate policies that will transform the lives of the people. In this respect, capability approach supports ensuring that constraints based on educational access, retention and achievement for those without adequate access like the people in the ND is adequately evaluated and action is taken to ensure remedy.

Empowerment education. Capability approach can transform the educational sector concerning empowerment, Walker and Unterhalter (2007) argued that schools could either be centers that reproduce social injustice and inequalities or school can provide space for learners to contest and challenge the situation of social injustice and inequalities. The implication of this is that schools and policymakers have to make a firm decision concerning the direction it wishes to take. The first option documents these

173 issues of race, class, and gender; while the second group, considers the possibility of human action for change. It is, therefore, reasonable to document the situation of inequalities but recording the case will not bring the change or the transformation needed in the life of the people; instead, it is the action that is taken that will bring about the change. The capability focused educational approach produces learners who challenge the contradiction in society. This is the empowerment that leads to change and transformation in society. Therefore, the second option will be the driving force for change in the use of the capability approach to transforming the cases of social injustice in the ND.

Summary of three perspectives on education. Education has both intrinsic and non-economic values leading to being aware and knowledgeable thereby being the base to all other capabilities, eventually leading to an increase in prosperity. It is the desire and role of government to create policies that should lift the people out of poverty; therefore, the capability approach can facilitate that process. Education can be a useful tool in removing the obstacles that prevent people from being and doing, while the capability approach provides the basis and analysis that can lead to it.

The capability view of education plays instrumental, social, intrinsic, empowering, distributive and transformative roles in empowering and enhancing the ability of the agent to be that which they cherish (Sen, 2003; Unterhalter, 2009). The education improves public reasoning that facilitates the agent participation in public deliberations; this is the facilitating role of educational capability. When the oppressed are educated, they can be empowered to agitate for their rights thereby facilitating a quest for social justice. When people are educated, they are aware of their rights and can be in a

174 position to assist others and pull those who are not mindful of the benefit of education to conspicuously pursue a path of education.

The inability of the utility or outcome-based framework makes the capability approach a better normative framework for the ND. There is a need to blend the human capital with the rights-based to achieve the needed development in the ND. The development and proliferation of vocational centers will not change the dynamics of the conflict and poverty in the region. The reality today confirms that scenario as more vocational training has not reduced the conflict situation in the area. The alignment of education for the market is not producing the needed agents that can transform the area.

The rights-based education model is not achieving the desired impact because of the alarming number of out-of-school pupils. Therefore, the rights to education are not being achieved. The supposedly granting of these rights have not translated to the individual freedom to choose what they want to be. This comes in line with this dissertation argument that conversion problem is critical. It is not sufficient to grant a right if it is not enforceable and if the different conversion factors for the recipients are not articulated and analyzed.

The advantage of the capability approach is that it combines the instrumental and intrinsic value of education. In this respect, the people of the ND while enjoying the right to education can also be prepared for gainful employment. This form of education gives the people the freedom and choice to be that which they want including participating in public reasoning and deliberations. This is not done in isolation but within the communities of the ND. As Snauwaert (2011) argues "A good and dignified life is not exclusively one of isolated private freedom; we live in a web of relationships with others,

175 and this web of relations is a basic part of our good. The good life is a life of personal affiliation that respects and is a part of our worth and dignity. Therefore, human dignity includes a consideration of the characteristics of a good human life, and central to a good life is the actualization of basic human capabilities that shaped and constituted the structure of our humanity and good human life" (p. 321). This reinforces ethical individualism where the interest of every person within the community is protected. This is not a selfish egoist form but an inclusive appreciation of the diversity of the persons.

This should not be confused with ontological individualism which is a selfish form that considers the individual and his interest alone without considering the implications for the communities in the ND.

Section 2: Education, Social Constructivism and Progressive Paradigm

In the previous section, a capability-based educational framework was established as the most appropriate to facilitate the development of the region. In this section, the social reconstruction and progressive education paradigm are explored as a fitting complement to the capability-based educational framework already selected.

Education cannot be separated from society, and it is part of the social institutions that make up a society. Therefore, the education in the ND should be viewed within the prism of the social realities of the region, Reardon (1988) stated: ‘there is no neutral education. Education is a social enterprise conducted for the realization of social values. The question is what values are to be realized through education, and how' (p.

23). The question that Reardon asked is still relevant today as the search for a solution to the developmental challenges continues in the ND. Education is valued laded; therefore, education should impact the right attitudes, values, and orientation to the people to make

176 the leap of faith transforming the reality of despair, poverty and violence to peace and development. Snauwaert (2011) concur with the effect of education on the life of the people; he stated: "Educational ends are driven by and express what we value as individuals and as a people. Human beings do not merely reproduce themselves biologically; we are cultural beings, and we, therefore, engage in cultural reproduction, attempting to reproduce what we believe is most valuable about our way of life" (p. 316).

Therefore, how can the situation of conflict in the ND be changed to an atmosphere of peace and development? Snauwaert (2011) proposed that it involves a change of orientation for education is not only value laded, but it also involves intentional and purposefully articulated decisions, making education a public good (p. 316). In the ND, this dissertation argues that social reconstructionist and progressive education working with critical peace education can be a tool for transformation in the ND.

The capability-based educational framework promotes the ability of the agent to choose and participate in democratic public reasoning. These broad aims of capability- based education can be achieved through peace education and within the social constructivism and progressive educational paradigm. This dissertation argued that the capability approach which is realization-focused is the preferred development framework for the articulation of the resource conversion problem in the ND. The need for justice can be based on the actualization of a better quality of life for the people based on addressing the cases of injustice. The realization-focused justice framework articulates justice within an outcome approach. The essence is not the complete elimination of injustice in society, but according to Sen (2009), it is to prevent severe injustice (p. 21). It is the enhancement of quality for the people. The social reconstruction paradigm Reardon

177 (2009) argues is the “conceptual and methodological heart of the most effective peace learning and peace politics. I so argue largely …as the primary model of a process in which learning is politics and politics can be learning" (p. 29). We have stated earlier that education can be localized and influenced by local politics. Reardon in arguing for the social reconstructive paradigm linked the learning to politics; therefore, the quest for justice can be actualized through education. This linkage of peace learning to social reconstruction lays the foundation for the integration of both methodologies. The essence is the giving of the people the ability to determine what they cherish through a democratic process of public reasoning.

The social reconstructive educational paradigm gives people the freedom that liberates them from oppression and domination. Snauwaert (2011) argues that "Freire posits the existence of a historical, social reality that is dominated by oppression, as well as pointing toward a just society constituted by authentic subjects co-existing in dialogical solidarity and seeking to fulfill their ontological vocation to become more fully human" (p. 327). The process of becoming human, living the life of dignity, achieving full potential, doing and becoming that which they cherish can be facilitated by progressive and social reconstructive educational paradigm. These are all in tandem with the capability approach. In the sessions that follow, we now discuss the individual components of social reconstruction, progressive and peace education.

Social reconstruction. Social reconstruction is based on the premise that education can be used to address social injustice by realizing transformation in communities. Therefore, education should empower and prepare students to challenge the status quo and dismantle shackles of oppression and, marginalization in societies (Zacko-

178 Smith, 2012; Zuga, 1992). Some of the principles of social reconstruction are as follows, oppressed consciousness, “banking” method of education, critical, problem-posing, dialogical pedagogy, critical literacy, connection to liberal humanism and progressivism; and humanizing pedagogy. These principles will be used to argue and motivate for its best fit for transformative education in the ND. For where there are cases of inequality and oppression in societies, which can be reinforced with education; there is a need to change the educational framework to have empowerment.

It is argued that education has been disempowering for the people of the ND; there is a need to change the paradigm to make education a liberating experience for both the learner and the teacher. The teacher and learner should both be subjects of their learning. The essence is that education should empower the people and enthrone social justice and human rights as a means of liberation. The way of achieving this is by learners being active participants in their learning. This transformation involves working from the local perspective; education can, therefore, be a political tool for liberation; this resonates with the argument of Reardon (2009).

Thus, the kind of education people receive has a profound impact not only on them but also on the community. Consequently, it is imperative that education which is highly politized need to provide the necessary tools for transformation in the communities. Freire (1970) distinguished between two methods of receiving knowledge: the ‘banking method' which is a practice of domination and ‘problem-posing' method, which is a practice of freedom. The banking method reinforces the status quo, by disempowering the learner. This method prevents the learner from being an active participant in the learning process. It assumes that the learner is a blank state that knows

179 nothing and has to be filled. However, the problem-posing method is based on collaboration where the learner and the educator are in a mutually beneficial learning experience, where knowledge is continually being created and shared among the parties.

The key to the problem-posing approach is the use of dialogue and critical consciousness as a tool for praxis.

The problem-solving collaborative learning method is proposed for the ND. This empowering method of education will give the people an opportunity to express themselves and contribute to the education they are receiving. This removes the prescriptive approach of uniform learning, learners are different, their communities are different, and their need is different. Therefore, education should be able to cater to this requirement. This kind of learning that is molded to the dictates of the learner is in line with the capability approach to education. This empowers the students to take collective action for change. The teachers will need a change of motivation and power dynamics to conform to this new system that empowers the students in the traditional banking method of teaching, which is the operational modus in the ND. The teacher is the ‘lord and master' and receives no input from the students. In the social reconstruction approach, the roles are different. The teacher is also a learner but is also accountable to the learners for the design and should fulfill the responsibility which implies having adequate preparation and showing respect for all learners. The learning is in the doing and teachers must resist the temptation of deciding for learners. The learning space needs to be engaging, safe and respectful in order to learn (Vella, 2008).

Teachers will need to be retrained in the use of dialogue as a means of instruction instead of monologue where the teacher tells the learners what to know and what to think.

180 In the traditional learning method, the teacher monopolizes the conversation in a monologue. Dialogue gives the participants the opportunity to think, evaluate and ask questions about something they have learned. This change is fundamental because the outcome is the empowering of the learner to be agents of their transformation. This creates the belief and the ‘I can do it factor'; rejecting the fatalistic concept that people are powerless to change their situation. This means of learning involves reflection and critical thinking as it opens the space for the learners to be themselves. This kind of learning liberates the learner and is a source of freedom. The learner having empowered himself or herself can then question and challenge the status quo, thereby beginning the process of liberation for the society.

The defeatist attitude in the ND about the lack of power to change the status quo can be attributed to the kind of education received. Earlier in this chapter, we showed a significant number of out-of-school pupils in the region. The presence of this large number of persons constitute a source of great concern; if then extrapolated to the number of persons who are in school but given an education that perpetuates the status quo, it provides a sad commentary of the situation in the ND. It might also be an indication of the validation for the situation in the region. Therefore, changing this scenario it is crucial that there is a critical mass of people enlightened and educated through the method of social reconstruction education in the ND. It is this critical mass that can challenge the status quo and begin the liberation process for oppressors cannot liberate themselves; they need the assistance of the oppressed (Freire, 1970).

Freire (1970) stated “the situation of oppression is a dehumanized and dehumanizing totality affecting both the oppressors and those whom they oppress, it is

181 the latter who must, from their stifled humanity, wage for both the struggle for a fuller humanity; the oppressor, who is himself dehumanized because he dehumanizes others, is unable to lead this struggle” (p. 47) . Education for freedom empowers the oppressed to be human again. It is the people of the ND who are oppressed that can liberate the oppressor by restoring their humanity by standing against oppression:

The central problem is this: How can the oppressed, as divided,

unauthentic beings, participate in developing the pedagogy of their

liberation? Only as they discover themselves to be "hosts" of the oppressor

can they contribute to the midwifery of their liberating pedagogy. As long

as they live in the duality in which to be is to be like, and to be like is to be

like the oppressor, this contribution is impossible. The pedagogy of the

oppressed is an instrument for their critical discovery that both they and

their oppressors are manifestations of dehumanization. (Freire, 1970, p.

48)

Freire proposed that the starting point is the acknowledgment that there is a problem that needs to be transformed. This is done by acknowledging the situation and working for transformation for the oppressed and the oppressor. It is the oppressed people who should lead the liberation of themselves and the oppressors. Freire argues this is a work of love driven by the freedom which is the beginning of change. However, it is not easy as

Freire acknowledged the dilemma of the fear to engage the oppressors. This fear can be linked to the kind of education the people receive; it is an education that perpetuates the status quo. An education that prepares the people to adopt the strategies of the oppressors.

182 Therefore, going to school prepares a new set of oppressors who ignores the people; because the education reinforces the status quo, and nothing changes in the system. This situation cannot continue forever, for change can happen if the people of the

ND conquer their fear by asserting their freedom as Freire (1970) proposed.

The oppressed, having internalized the image of the oppressor and adopted

his guidelines, are fearful of freedom. Freedom would require them to

eject this image and replace it with autonomy and responsibility. Freedom

is acquired by conquest, not by gift. It must be pursued constantly and

responsibly. Freedom is not an ideal located outside of man; nor is it an

idea which becomes a myth. It is rather the indispensable condition for the

quest for human completion. (p. 47)

This freedom is essential in the reconditioning of the mind to be a liberated person. The freedom to break out of the situation is not to be located outside an entity; instead, it is within the human to take the initiative to be free. It is there for the taking, but the agent needs to be ready, which is where education is a tool for such liberation. For, education is a liberating process that helps the learner to question the causes of the situation and thereby determine and find a transformative solution to the problem. It is a liberating education that can conquer fear and bring freedom.

The situation in the ND is based on long neglect to develop education; and the promotion of an education that sustains the social injustice in the region. Therefore, a majority of the educated elites look upon the opportunity to have power and continue oppressing the weak. Elites within the context of the ND are people who hold or seek political, social and economic power based on the influence and position they have in the

183 community. They are not able to break from the situation as noted by Freire because it bore a risk as their position of influence is threaten. However, there must come a time when a decision needs to be made to be free, and there is a need to conquer the fear.

Freire stated:

They discover that without freedom they cannot exist authentically. Yet,

although they desire authentic existence, they fear it. They are at one and

the same time themselves and the oppressor whose consciousness they

have internalized. The conflict lies in the choice between being wholly

themselves or being divided; between ejecting the oppressor within or not

ejecting them; between human solidarity or alienation; between following

prescriptions or having choices; between being spectators or actors;

between acting or having the illusion of acting through the action of the

oppressors; between speaking out or being silent, castrated in their power

to create and re-create, in their power to transform the world. This is the

tragic dilemma of the oppressed which their education must take into

account. (p. 47)

These musings create a mental block that inhibits action; therefore, the education received is not liberating. There is a confusion between remaining an oppressor or being with the people, and it comes with different prices. Education, which ideally should have a significant impact in the region, aiding the people in making this decision, sadly is also part of the problem. However, this dissertation argues and is proposing that education should also be part of the solution.

184 Therefore, education can then be a tool for transformation; it empowers the people to question the status quo and breakaway from fear and embrace freedom.

Education should develop critical thinking in the learners as Nussbaum (2010) argues that it empowers the learner to be empathetic. This kind of learning opens the minds of the people to see beyond the surface; it is meant to prepare people to be able to think. It is the thinking process that makes the receiver enlightened and educated. The dominant module for education is to train for economic growth and to join the status quo; this we have argued earlier is not an acceptable framework for the ND. Education should not be fueled and driven by passion and pressure to learn skills for financial empowerment in the employment market nor by government emphasis on sciences and technology with a vision of economic growth. These forms of education remove the joy and basis of learning which is the development of the mind. Therefore, the product of this kind of training is hollow and cannot be emphatic on the need of the people. In the social reconstruction educational paradigm, the people find fulfillment in a learning that empowers them to be architects of their destiny.

Summary of social reconstruction education. Education should be a social issue for it embodies the life of a people; the community should be the ultimate, not the individual. Therefore, education should be able to empower and question the systemic and structural impediment that made it impossible for the vast majority to succeed. The social reconstruction educational framework liberates both the learner and the teacher because they are both subjects of their learning. The liberation empowers the people and enthrones social justice and human rights as the active learners' participants in their learning. This transformation involves working from the local perspective; education is,

185 therefore, a political tool for liberation. The social reconstruction educational framework can empower people to start questioning the politicians and not to be taken for granted. It will open the minds of the people not to accept petty handouts during campaigns and mortgage their votes. It is the liberation that begins a multiplier effect in the community that changes the way of life of the people; from being victims to being subjects; from being oppressed to being free. Moreover, being free, they can liberate the oppressors, for the oppressors cannot free themselves.

The social reconstruction educational paradigm will help the people of the ND in solidarity to realize the workings of the oppressor and not internalize their behavior. The people, of ND through a social reconstructive education will not accept their fate as the act of God. They will instead challenge and question the oppressor and will not allow the status quo, for education acts as leverage and a tool for change. This kind of training places the educators and learners as subjects in their learning, creating and recreating knowledge; critically reflecting and jointly taking action based on the praxis. The people of the ND through the awareness created by education will break away from the present situation of despair, hopelessness, and frustration to an action. The action will not be something proposed or imposed from afar but a product of reflection. Conscious beings will implement the liberation of the ND as an act of love that transforms the region; education will, therefore, serve as the vanguard. The social reconstruction form of education can be the anchor for change in the ND as proposed. This method can also work in harmony with the progressive form of education.

Progressive education. Progressive education based on the concept that education should be holistic and all-encompassing focusing on the whole child. The

186 experience of the child is essential rather than the teacher or the content. The overarching motivation for this kind of education is to build on the passion of the learner and create an active learner who is questioning the world and a problem solver. Dewey (1916) argued that “the reconstruction or reorganization of experience which adds to the meaning of experience, and which increases the ability to direct the course of subsequent experience" (p. 89). The focus is that education should be based on the unique qualities of the learner, building from the experience of the learner. These experiences are not products of some external actions, but the reorganization and the encounter with this experience change the environment and the activities. This method of instruction challenges the conventional means of transmission of knowledge which considers education as subject matter, which is the interplay of bodies of information and skills which the school has a responsibility to pass on the learners. Therefore, schools strive to establish rules, habits, and modalities to enable them to fulfill that vision. This vision which articulated in books, a method of instruction and examinations assumes the pupil to be a receptacle to be filled with information. This scenario is similar to the banking method discussed in the social reconstruction approach to education. The assumed role of the teacher is to fulfill that mandate of the school; the teacher is, therefore, all-powerful: an educator and an enforcer. The child is thus isolated from the reality of his environment. The learning does not align with the experience.

Dewey (1905) stated that the child lives in a social environment that molds its learning:

The child lives in a somewhat narrow world of personal contacts. Things

hardly come within his experience unless they touch, intimately and

187 obviously, his well-being, or that of his family and friends. His world is a

world of persons with their interests, rather than a realm of facts and laws.

Not truth, in the sense of conformity to external reality, but affection and

sympathy, is its keynote. As against this, the course of study met in the

school presents material stretching back indefinitely in time and extending

outward indefinitely into space. The child is taken out of his familiar

physical environment. (p. 274)

The implication is that the child is lost in class. With the threat of punishment, the child does the needful to escape punishment; the child is not learning positively nor having a good school experience. The school is, therefore, not structured to the reality and experience of the child, while the child seeks personal world; the curriculum designed for the child is abstract and extends into space with the specialization that does not fall within the realm of the child. The curriculum does not excite the child both emotionally and physically with its fixation on subject matter against the unique experience of the child. The child, therefore, goes through school as an object instead of subjects of their learning. This leads to a distortion in reality for the child. What is taught in school does not resonate with the child; it is not in conformity with the environmental reality of the child. The way the child learns has a profound effect on the role expected of the child in society. The child leaves school doubting himself/herself and believe in the image the school has created which is a weak, submissive child that upholds the status quo. This experience follows the child in life.

Societies, therefore, teach the learner to reproduce the effect expected of them.

The experience of the child in school reinforces the survival of the system, and the status

188 quo remains. John Dewey proposed experience-based learning as the best method to bring the best out of the learner. The role of educators is to counter these narratives and change the status quo. The task is therefore to develop a method that reaches out to the learners’ mind from within. It is a process of developing the learning based on the need and experience of the child. The progression should be from the known lived experience of the learner to the expectation from the subject matter. These should not be seen as different phenomena but rather as part of a broad spectrum that is embryonic and dynamic. This learning leads to reflection and thinking, and it is integrated with interaction with the environment to aid practice. This method of learning can eliminate negative habits and encourage definite transformative ideas Dewey (1916) argued that

"to shape the experiences of the young so that instead of reproducing current habits, better habits shall be formed, and thus the future adult society be an improvement on their own” (p. 79). The above statement from Dewey reflects the thinking behind the proposal for progressive education; for change has to come from the young, who have to forego the inhibiting habits of the old to a transformative practice that changes the status quo and enthrone progress and development in the region.

The future of the ND will be built along and around the experience of the child; this is an empowering method of education. It is this education that can change the region; Dewey (1905) further proposed that: "the child is the starting point, the center, and the end. His development, his growth, is the ideal. It alone furnishes the standard. To the growth of the child, all studies are subservient; they are instruments valued as they serve the needs of growth. Personality, character, is more than subject matter. Not

Knowledge or information, but self-realization, is the goal" (p. 13). The task for

189 educators in the ND is therefore to develop a method that reaches out to the learners' mind from within. It is a process of developing the learning based on the need and experience of the child; it should start from the known lived experience of the learner to the expectation from the subject matter. The development and self-realization of the child should be paramount as the child is the future of the region. Therefore, every consideration made in developing the child to take their place in society.

Dewey (1905) described it thus: "two points define a straight line, so the present standpoint of the child and the facts and truths of studies define instruction. It is continuous reconstruction, moving from the child's present experience out into that represented by the organized bodies of truth that we call studies" (p. 16). An education needed in the ND should focus on the experience of the child integrating other studies.

The experience of the learner should not be relegated to the background; it should build a strong empathy and respect that should propel an empowerment education for the region.

Summary of progressive education. The present form of public education in the

ND though ensures equality in that all citizens who go through public school is expected to have basic knowledge, but the learners are not respected in that their need and their experiences are not factored in the development. It is assumed that they are not knowledgeable about what they want, thereby not guaranteeing their freedom and liberty; the present public education system does not seem to support progressive education. The traditional structure of the educational system is too rigid, ordered and does not give room for flexibility to enhance learning. The progressive method is less structured and provides the student with lots of freedom. The essence of the traditional approach is to cover the content ignoring the feeling of the pupils. However, progressive education

190 strives and gives freedom, but freedom should be within a context and should not be freedom for the sake of freedom. The learners should be subjects of their learning, and it should be based on their experience. The starting point is the appreciation of the human experience; this arises from interaction and continuity.

The progressive educational paradigm builds on the experience of the learner as the subject. The experience of the learner is used to develop learning that empowers the learner to be who they what to be. This learning conforms to the capability approach that promotes the freedom of the agents. In this learning, the status quo is challenged, and the mistakes of the past are not transmitted to the learner; instead, the learner is empowered to change the errors of the past to have a better future.

Conclusion. The capability approach can expedite addressing issues of injustice; education can play a huge role. It is imperative to recall that we argued that most of these injustices are entrenched in social structures based on historical realities. The injustice in the ND is a reflection of the historical circumstances of the colonization and creation of

Nigeria by the British. Snauwaert (2011) supports this assertion by recalling that "Freire maintains that both humanization and dehumanization are historical possibilities; however, dehumanization is not ontological, it is historical, resulting from the conditions of an unjust social order" (p. 327). The progressive and social reconstructionist paradigm can alleviate this unjust social order because it is an empowerment educational paradigm that gives the people a choice to be what they cherish. The ability to choose is fundamental in having a creative and purposeful public reasoning process. How can that process happen? It happens when people are free and empowered. The proposed educational framework is the means to achieve it by giving the people the ability to be

191 complete humans by removing the shackles of dehumanization and oppression. This removal frees the agents, but the agents can be free only when they genuinely want to be free. That option is entirely up to the agent as the capability approach gives the freedom to the agent to be and to do.

Finally, combining progressive and social reconstruction is ideal for the ND. The progressive framework championed by John Dewey has enormous importance in the empowerment of the learners at an early age to learn from their experience instead of a focus on subject matter. This is almost like the empowerment from the social reconstruction, and the difference is that one is suited for the early learner, while the other can also be used for the adult learner. However, as the journey of discovery in the

ND, where the possibility of the progressive method has been missed in early childhood, then the social reconstruction should be used to effect the needed change. It will be appreciated that most educational administrators in public schools are not keen on progressive education. This is because they always want to be powerful; it is, therefore, imperative that social reconstruction should be used to change the system. It is possible because it emphasized the problem-posing method which is a collaboration between the learner and the educator in which both are in a mutually beneficial learning experience, where knowledge is continually being created and shared among the parties. The key to the problem-posing approach is the use of dialogue and critical consciousness as a tool for praxis. This is the education that will transform the ND.

The progressive and social reconstructionist educational, philosophical framework widens the learners and educator's horizon through the tool for analysis by reflection and praxis. This is achieved by providing a space for reflection and

192 concentrating on both the views from their own experience and opinions based on their culture. This philosophy of education encourages team building, personal sharing, development of skills and transformation that aims at affecting behavioral changes such as creative thinking, decision making, problem-solving, reasoning and learning skills. It, therefore, encourages personal qualities such as individual responsibility, communication, teaching others, negotiating, leading, self-esteem, sociability, and self- management. The end product is a positive change in the community which is liberating and an act of love and freedom. Having established the linkages of capability approach to the progressive and social reconstructionist paradigm, we now consider how peace education and which peace education can be integrated into the established educational framework.

Section 3: Synthesis of Argument

This section brings all the pieces together concerning the role of education and peace education should potentially play in the transformation of the ND. It is the application of the capability-based educational framework in peace education, public reasoning, and deliberation. The essence is how the capability-based educational framework in tantum with the progressive and social reconstruction framework can facilitate a deliberative process supported by public reasoning in the ND.

Peace education. The need for social justice necessities the importance of teachers and students to be aware of peace education and champion transformation in society. Peace education according to Snauwaert (2011) is a useful tool to be used. This peace education can take place either in school or in the communities or both situations.

It can be integrated into teaching, or it can be stand-alone learning. The essence is that the

193 requisite knowledge is shared and used for the transformation of the region. Peace education provides tools and skills needed for solving the problem of human societies to make them a less violent, more peaceful and just society.

Peace Education as Salomon, (2007) stated means different things to different people; it serves different purposes based on need, the time and the people. The model of peace education should depend on the realities of the specifics of the intended participants. The intended audience can be categorized according to age, social status, and environment as well as various interrelationships to achieve the transformation envisaged in the society in the design of the peace education programme. Snauwaert

(2011) stated that peace education is based on "a pedagogy that is process-oriented, inquiry-based, reflective, experiential, dialogical/conversational, value-based, imaginative, critical, liberating, and empowering" (p. 329). There are various models of peace education that include: comprehensive peace education, integrative peace education, and critical peace education.

Comprehensive peace education entails a transformation of the root causes of violence into a culture and way of peace through a change in the way we construct our

‘social values and world views' This transformation will not happen by chance but through a carefully planned comprehensive strategy of intervention, it is a change the world needs to be more peaceful. Reardon and Snauwaert (2014) define comprehensive peace education as an "attempt to bring some cohesion to the multiple, and varied forms of curriculum and instruction practiced as peace education" (p. 93). It is an aspect of democratic education closely linked with cosmopolitanism and reflective pedagogy; it

194 requires the capacities of reflective listening, responsibility, risk-taking, reconciliation, recovery, reconstruction, and reverence to properly develop the field (Betty, 1998)

The integrative peace education as exemplified by Danesh (2011) who advocated a system of peace education that is a departure from the conflict-based module to a unity- based model that is integrative of the ‘psychological, social, political, ethical and spiritual state’ giving expression in the development of the person to do that which is right. This he called education for peace. His view is strengthened by his conviction that abstract beings do not cause conflicts, but by individuals, therefore if the individual is changed, the conflict will transform. While it may be difficult to change a violent situation when it starts, it is better to learn the skills of preventing it from happening. Danesh (2011) defines the integrative theory of peace (ITP) as the integration of "a psychological, social, political, ethical and spiritual state with expressions at intrapersonal, interpersonal, intergroup and international areas of human life. The theory holds that all human states of being, including peace, are the outcome of the main human cognitive (knowing), emotive

(loving) and conative (choosing) capacities" (p. 22). This model works at changing the structures and institutions that keep injustice entrenched in society and prevent peace and stability. It is the systemic transformation with a view to increasing justice and equality in the social system as a whole. This approach reduces violence. This approach is based on the individualistic change that is expected to occur in the individual, thereby transcending the community. In a more traditional close kit society, this option is ideal, in small communities returning to normalcy after violent conflict, this model can serve to develop a common shared vision that will drive the process.

195 Critical peace education perspective advocated by Baja (2008) calls for a model that addresses social and economic injustices based on local realities. The essence is that the effort at the grassroots to elevate social justice and human rights should serve as a pivot for peace education. Critical peace education is a practice of freedom facilitated by a healthy and respectful dialogue. This calls into question the effect of structure and agency in the enthronement of a just peaceful society. In this respect, Freire calls for learners to be active participants in their learning. Change is not usually externally driven but by the people within. This methodology conforms to the idea of critical peace education which should be locally driven. Education should be the driving force for the anticipated change; he called for a blending of practice with theory, called: ‘the unity between theory and practice.' This collaborative experience will bring change and transformation to society. This can be achieved through the problem-posing method where the learner and the educator are in a mutually beneficial learning experience, where knowledge is continually being created and shared among the parties.

Peace Education will lead to achieving a vision of peace and justice in the ND through the protection of human rights. These are rights that are attributable to us as humans, everybody on earth irrespective of sex, origin, status, or belief is entitled to be respected and honored for who they are, and it prevents discrimination and upholds the dignity of humans. Reardon (2015) stated, “Human rights standards are the specific indicators and particular measures of progress toward the realization of peace. Human rights put flesh on the bones of the abstraction of peace and provide the details of how to bring the flesh to life” (p. 148). Human rights are essentially the core for peacebuilding.

Respect for human rights breeds accommodation and tolerance among people. Conflict is

196 a necessary fact of life because people have differences, and when they meet disagreement can occur based on the differences. However, respect for human rights will lead to the settlement of difference without resort to threats and violence. This is possible because of the shared humanity which human right upholds thereby leading to peace.

Appreciating human right is vital for the attainment of a just and humane society.

Human Rights, therefore, is the soul and core of peace education; it is through it that the dignity of humans is restored, and a just and peaceful society entrenched. A human right education can be acquired through peace education, human rights learning and human rights training; these can all be provided both in a formal and non-formal setting. Loreta and Jasmin (2008) support Snauwaert and Reardon (2014) in articulating the need for skills, attitudes, and knowledge as a necessary component of peace education. Figure 5 shows this linkage and relationships between the concepts.

.

197 Figure 5. Relationship between Knowledge, Skills, and Attitude in Peace Education. Adapted from Loreta and Jasmin (2008)

These seem to conform to the ideas of Snauwaert and Reardon (2014) on values that peace education should address. There is interplay on knowledge sharing, skills acquisition and the change to positive attitudes and values. The knowledge is about a holistic concept of peace, nonviolence and peaceful alternatives. The skills are the ability to reflect, think critically and analyze, make decisions, have empathic communication as well as a positive attitude of respect for life, oneself & others, compassion, and social responsibilities are not exhaustive but are indications of areas of concern. Loreta and

Jasmin (2008) proposed dimensions & values of peace education within a social continuum, political continuum, and economic continuum. The diagram below shows the dimensions and values of peace education (see Figure 6).

Figure 6. Culture of Peace: Dimensions and Operative Values – source- Jasmin (2008)

198 Peace education, therefore, is concerned with helping learners to develop an awareness of the processes and skills that are necessary for achieving understanding, tolerance, and goodwill in the world today. This includes appreciating the dimensions of a culture of peace. The culture of peace is all-embracing, including environmental protection, human rights, democracy, poverty eradication among others. Through these processes and dimensions, humans can contribute positively to the community by working for a more just and peaceful society. It is therefore imperative that we mound citizens and leaders in the ND to understand the essence of peace and avail themselves with opportunities of acquiring the relevant skills and attitudes to resolve disputes pleasantly. Peace education can help to prevent violent conflict that is prevalent in the

ND.

The violence in the ND is based on unmet need leading to violence; this is the classic case of structural conflict leading to direct violence (Galtung, 1969).

Violence dehumanizes the society and the race to maintain the status quo is the cause of constant abuse. This violence is against the most vulnerable who are the worst affected; this includes women and children. Therefore, education is a critical factor in creating a critical mass of change agents in the ND who can change this situation of violence.

Education is thus a tool to eliminate ignorance, exploitation and exclusion and open windows of opportunities for the people of the ND. This education provides a complementarity that is necessary for the respect of human rights and dignity and the enthronement of a just and peaceful society.

However, this is possible only when the beneficiaries of the system are willing to appreciate the transformation and learn; Reardon and Snauwaert, (2014) states that “The

199 conscientization of the elite may be the process upon which the future depends” (p. 15). It is the elites that put up the system and structures that dehumanize the people and creates violence; therefore, their learning and transformation will change society. They should be a target of peace education. This learning should also take place in communities where people are made aware of the benefit of peace education. Communities should involve all segment of the population to imbibe the principles of peace education; this should include the elites, who can them transform themselves into agents of peace by acquiring the required skills and changing their attitude.

Integrating peace education into capability inspired social reconstructionist and progressive education. Educating for peace is a necessary task in social transformation. This vital function can take place in different settings based on the purpose it is intended to serve and achieve. Reflecting on the situation in the ND, this form of peace education will involve a practice of freedom facilitated by a healthy and respectful dialogue. The essence is that the effort at the grassroots to elevate social justice and human rights should serve as a pivot for peace education. This calls into question the effect of structure and agency in the enthronement of a just peaceful society. The need for learners to display agency led to the call by Freire (1970) for learners to be active participants in their learning; recall that this dissertation has earlier recommended the social reconstructive educational approach for the ND. The proposed peace education should be locally driven as education should be the driving force for the likely change. It should not be done in isolation, but as Freire and Macedo (1995) proposed, it will be a blend of practice with theory, called: ‘the unity between theory and practice’ (p. 382).

This collaborative experience will bring change and transformation to the ND.

200 The Peace Education envisioned for ND should empower the people to work for a peaceful and just region. It is an embodiment of participatory learning that brings about a transformation in society through knowledge, skills and attitudinal change. This process will lead to living in harmony with each other and nature. A careful observation of the situation in the ND shows a disconnect between people, and between people and nature.

The endless and senseless pollution of the environment is a constant threat. There is a need to build solidarity among the people in the region in a sincere and genuine desire for peace. This solidarity will lead to care for the earth. The design of the program should reflect the dynamics and need of the people.

The realities of people are different as we have argued in this dissertation.

Therefore their means of instruction and learning should be adaptable to their situation.

This same lens should be applied to peace education envisaged for the ND. The need of the people should form the basis for the design of the program; this should include geographical, age, social status, environment and context specifics. However, the specificity of the peace education programme, some general themes should be included.

The analysis of system and structure that give rise to unjust conditions need be undertaken to appreciate the situation better while ‘Horror, fear, sympathy and shame’ can be acceptable emotions in bringing the case to the fore in order to solve them according to (Snauwaert and Reardon, 2014; p. 84). The peace education should include linkages to human rights and the possession of human values that should be respected.

This peace education can help the learners to free the oppressors.

Peace education can change the oppressor and oppressed dynamics in the ND.

Recall that Freire assertion that when the oppressed breaks away from the oppressor they

201 seek somebody to suppress. This might ring true in the ND and in most communities of marginalized people; where the oppressed perpetuate horizontal violence against their peers. It is the issue of power and wanting to be like the oppressed. The need to identify with the oppressors as stated in Pedagogy of the Oppressed: ‘Having achieved great personal success and having moved to a middle-class reality, this African American gentleman began to experience a distance from other African Americans who remain abandoned in ghettoes' (p. 15). The big question is why they do not use their contact and influence to better the lot of many of their people by remaining with them in solidarity.

Most will claim they do give back, but maybe this is in the form of what Freire calls

‘false generosity.’ Freire (1970) stated that

the radical, committed to human liberation, does not become the prisoner

of a "circle of certainty" within which reality is also imprisoned. On the

contrary, the more radical the person is, the more fully he or she enters

into reality so that, knowing it better, he or she can better transform it.

This individual is not afraid to confront, to listen, to see the world

unveiled. This person is not afraid to meet the people or to enter into

dialogue with them. This person does not consider himself or herself the

proprietor of history or of all people, or the liberator of the oppressed; but

he or she does commit himself or herself, within history, to fight at their

side (p. 39)

The successful ones who move out of the community do not fill these criteria. The tragedy is that these successful people who are not with the people are often called to speak for the rest of the oppressed, but the reality is that they do not live in the

202 community any longer; the issues they speak are no longer current lived experience. The oppressor class will keep calling and showcasing this group of people as an illustration that ‘you can make it,’ an example of living the ‘dream.’ The trick is to focus on individuals not looking at the group as collective and the structural and systemic issues; this place the burden on the individual. This is a means of control and preventing the oppressed people from organizing and changing their lives.

This means of control negates and refuses to acknowledge the impediments that prevent the individual and his group from attaining that which they love and cherish.

Therefore, individuals who have not made it are blamed and not the system that made it impossible for them to live the dream. Thus, agitation for change is watered down by the procession of the ‘successful’ as a sign of progress and used as a means to reduce the impact of the demands by the oppressed for changes in the educational and social system of the country — this need to change by having a progressive and social reconstructive form of education backed by peace education.

Conclusion. The peace education methodology proposed for the ND will be based on the participatory approach. This place the participants in the learning process within the large dimension of event defining the world as actors, not spectators from the local to the global aspect. They become the subject of their learning and not object. In this way, the participants appreciate that they have the power to take their destiny and change the situations around them. This will prevent the fatalistic concepts that ordinary people cannot improve their position, which is a product of the banking method of education received. Peace education will, therefore, liberate and empower the people of

ND for action based on reflection including participation in public deliberations.

203 In the ND, the oppressed are not represented in the decision-making processes.

Decisions are made for them; nobody asks them what they want or how they feel. They, in most instances, do not know what to expect. They have lived a life of dependency on the good intentions of the policymakers. However, the politicians are generally interested in their narrow, selfish interest and that of their sponsors. The interest of the masses is not always factored in the deliberations. It is imperative that education help people break away from the shackles of ignorance that holds them down from accessing these rights.

The politicians and the policymakers are cut off from the people that it might almost seem like contempt for the people who elected them to meet with them or question their actions. However, when it is time for an election, these same politicians rush down to the people for votes. Education can be used to empower people for a change. What kind of pedagogy should be used? The progressive and social construction educational framework is the basis that can liberate and empower the people of the ND for action based on reflection. This education encourages team building and develops various life skills needed for the attainment of a just society. The end product is a positive change in the community through public reason and deliberation.

Education as a Tool for Public Reasoning and Deliberation

Education is a life changer; it facilitates, empowers and inspires conditions necessary for change in the community. The capability approach to education coupled with the adaptation of the progressive and social reconstruction framework will lead to the transformation of the ND. A critical aspect of the transformation is the coming together of the community to deliberate on issues based on public reason. Education is a significant enabler in the process in a pluralist society; people hold different views and

204 have affiliations that influence how they see and perceive the world. This has vast implications for how decisions are reached in society. Public reason is, therefore, a means of achieving a consensus across deep divisions. The big question then is how to arrive at a consensus. There needs to be a common ground upon which to act. The public reason seems to be the overarching means of seeking this consensus. People need to agree on a set of actions and principles because it is in the public interest; this avoids the differences they might have to arrive at a common good. Education plays a huge role in arriving at consensus thereby instituting social justice.

Weale (2012) opines that a functional democracy stands on two factors: the practical process of deliberation and justice. These two are interlinked in that justice is necessary as a means of social contract where public institutions work based on an agreement reached by people who are equal and free to make such decisions. These agreements are negotiated and agreed upon based on public reasoning. The legitimacy of decisions should be founded on the participation of all, and it concluded that:

political outcomes are legitimate if they are the outcome of deliberative

participation by those subject to them. From the point of view of citizens,

deliberative democracy has been formulated as the claim that the political

process should address each citizen as someone capable of joining in a

discussion and that each can be a potential agent of political decision

This is the basis of democratic participation, and it encompasses characteristics of mutual respect, equality, equality of opportunity, freedom, and liberty. The essence is that the acceptance of the outcome is based on the process that led to it. The process should be

205 inclusive. Education will facilitate this process and will act as a catalyst that will promote public reason.

Education, therefore, provides an opportunity for reflection; this process starts with the design of the learning environment which is essential to provide an opportunity for reflection. The learning does not end at the reflection but leads to the reconstruction of the experience, thereby interrogating the experience which leads to transformation and growth. This same process of learning is brought to bear in the deliberation process, where agents can reflect on their experiences and through public reasoning can make better-informed decisions. This is where changes take place in the reorganization of held beliefs, habits, knowledge and practices. The education strategy of progressive and social reconstruction within the capability approach give agents the ability to subject their reasoning to public scrutiny in a democracy. The process of learning in the progressive and social reconstructive approach empowers the learner to be able to make effective decisions.

In a democratic society, education should contribute to and enhance public reasoning and deliberation. When people decide to live together in a society, they agree on how to cooperate to get maximum benefit from their association. This cooperation involves the giving up of some personal privilege for the communal good. The custodian for the communal good is the government. In a democratic government, power rests with the people either exercised directly or through representatives. The essence is to enforce the terms of the agreement through participation, equality, freedom, respect, and tolerance. The American Declaration of Independence -

206 www.ushistory.org/declaration/document/ captured this role of government when it stated:

To secure these [inalienable] rights [to life, liberty, and the pursuit of

happiness], governments are instituted among men, deriving their just

powers from the consent of the governed... Whenever any form of

government becomes destructive of these ends, it is the right of the people

to alter or abolish it, and to institute new government, laying its foundation

on such principles, and organizing its powers in such form, as to them

shall seem most likely to affect their safety and happiness.

This implies that the power which the state has is given to it by the people; the people can also withdraw it. The people, therefore, need to be empowered to understand how to use the power they have. They have to be educated and enlightened and given the opportunity to participate in the process by voting, contesting for office, setting the agenda and other forms of participation in a democracy. How then can a democracy guarantee the rights of the people and ensure their participation? This dissertation argues that education is key to achieving effective public reasoning and deliberation. The progressive and social reconstruction education framework supports public reasoning. This is accomplished in the way the learner is prepared to participate in the life of the community. The education empowers the learner, who is learning from his or her experience having the freedom to live the life they cherish. Therefore, the society and the school are partners in shaping the life of the community.

The society works within a democratic framework, which should include the school. Democracy can be a framework to solve problems in society; the school is a

207 reflection of society. Therefore, if the school system is changed, then the product will change, and society will also change. Public reasoning enforces the core values of liberty and equality. Progressive education as we have argued in this chapter will be acceptable to persons in the ND who have arrived at a conception that it is the preferred kind of education needed for the development of a just society through public reasoning based on shared values and principles. The benefit of progressive education in the transformation of the child into an active member of the society will be significantly acceptable to the people. The core of democratic principle is the acceptance of difference in the society; free and equal citizens while acting in the overall public interest will choose the best form of action for the survival and progress of the society. The capability inspired educational framework of progressivism, and social reconstruction will facilitate the process.

The social reconstruction framework of education equally empowers the people to take action to be free. This is coherent with the core democratic principle of equality.

This is achieved by the people realizing that they are oppressed. The knowledge comes with the responsibility to take action for change. The social reconstruction philosophy of education liberates and empower people for action based on reflection. This is achieved by providing a space for reflection and concentrate on views from their own experience and views based on dominant culture. This process of reflection becomes necessary in the deliberative process as citizens engage equally and strive to agree on processes to enable each to achieve their full potentials. Therefore, the social reconstruction framework of education empowers people to take action to be free. This is coherent with core democratic principles and is achieved by the people realizing that they are oppressed. The

208 knowledge comes with the responsibility of taking action for change. The action arising will lead to the realization of the principle of liberty, equal opportunity and equality.

Conclusion

In this chapter, the role of education within the capability process to achieve transformation in the ND was expounded. The intrinsic and human capital theory framework of education were explored, but the argument was made for the capability approach to education as the appropriate method for the ND. This method will facilitate democratic practices in the area, including empowering the people through public reasoning and deliberation to chart a course of development and peace in the region.

The key is the use of dialogue and critical consciousness as a tool for praxis. This approach aligns with the role of education and how local people should be architects of their destiny. Education should empower people to take the needed action for change.

Therefore, the development of the capability to choose and effectively participate in public reasoning can be facilitated by peace education. This peace education is in consonance with social reconstructionist and progressive paradigm as Snauwaert (2011) argues: “oppression as dehumanization grounded in the ethical presupposition of a person’s ontological and historical vocation to realize her full humanity, to realize the complete range of capability, points to a realization-focused, capabilities conception of social justice along the lines articulated by Sen and Nussbaum” (p. 328). The capability- based approach in resolving the resource conversion problem of the ND can be enhanced by education. It is a capability-based educational framework working within the social reconstructionist and progressive education approach that fits with peace education. This integration transforms and promotes social justice thereby empowering

209 the people to be that which they cherish. It enables the people to be aware of the dynamics of injustice and to refuse to remain passive but to challenge the status quo and change the situation for the better. It is the citizens who having been educated and lightened that will champion the needed change.

Citizens would demonstrate and embrace equality, respecting others even when there is disagreement; education can facilitate the process. The violent conflicts in the ND can be attributed to the lack of respect among citizens. The hallmark of democratic principles is respecting; it is the basis of sovereignty. If the ND embrace this concept, there will be deep consideration of the consequences of action on others and the communities. This respect will lead to deep reflections before action is taken, the fact that persons are in a position of authority or can make decisions does not mean choices should be made without analysis of the impact on others. Mutual respect should be the basis of participation in the social, political and economic life of the society. Fairness should not be ignored by majority recalling that Nigeria is a multiethnic country and the people of the ND are in the minority. The views of the people of ND should not be excluded but respected. This ability to tolerate and respect can be achieved through public reasoning and public deliberations achieved through appropriate education.

In public participation, there is a need to ensure equality and equality of opportunity. This is important to ensure that everybody feels safe and have a sense of belonging. Nobody should be made to feel like a second-class citizen in Nigeria. There has been the impression (this impression is based on the author interaction with the people while working in the Niger Delta) of people in the ND that they are not treated respectfully considering the resources from the region that is used in the development of

210 Nigeria. Democracy ideally should lead to better life for all people; however, as democracy grows, it becomes imperative to ensure equality for all in social, political and economic decisions. Participation is enhanced by the removal of structural barriers to give all people access they need to participate in democracy. Citizens' participation is the central issue in democratic governance. Citizens cannot participate if they are systemic impediments; lack of appropriate education can be such a factor. These impediments can be removed with a capability inspired education; which is a useful and efficient tool for removing all barriers that prevent people from making choices and becoming that which they cherish and wish to be.

Democracy is a government by consent of the people, and it is a system where citizens who are free and equal agree to live together based on rules, they set for themselves. These rules are the product of deliberations under public reason. The state has control of coercion powers, but it is only used with the consent of the people. People are different in a pluralist society, and there is always the need to reach an agreement.

Public reason is, therefore, the basis for this agreement, which can be facilitated through appropriate education. Every society strives to educate its citizens; the kind of education received is consonant upon the value it places on its citizen. Education is a public good; therefore, agreement among the citizens in the type of education is imperative. This dissertation argues that progressive and social reconstruction will pass the real test of public justification as it is a reasonable and rational policy that liberates the people from the shackles of ignorance into the dawn of new light in the ND. This kind of education will transform society and open vistas of opportunities for growth and development.

211 The progressive method builds on the experience of the learner by ensuring that the learner is an active participant in the learning experience. Social construction pedagogy liberates the oppressor and the oppressed in the act of love. It encourages active participation in the transformation of the individual and society. The persons are active participants in the liberation of themselves and their oppressors. The process of freedom and transformation dismantles unjust systems and enthrones a just and peaceful society. The democratic principles of liberty, equal opportunity and logic of equality find a home in these principles. It is coherent because it encourages and enthrones the democratic ethics of active participation in the life of the community. The consequences of the action are the liberation of the oppressed people of the ND which is positive because it leads to equal opportunity for all. We can conclude that the social reconstruction principle is both coherent and realizable within the context of public reasoning within a democratic setting

Finally, education can play a stabilizing role in inculcating a value system that enables agents to appreciate the capabilities and make conscious decisions. Saito (2003) stated that education could "play a role in supplementing the enhancement of capability with attention to values … makes people autonomous and, at the same time, develops people's judgment about capabilities and their exercises" (p. 29). The choice is left to the agent to make, but education enhances the ability to exercise that decision. Therefore, capabilities improve the ability and freedom to make decisions on issues that concern the agent including democratic public reason.

The capability approach supports and can facilitate solving the conversion problem in the ND as it connects and promotes equality in educational opportunities. This

212 is done by linking individual situations with social and communal realities. The social context and relationship the persons are embedded in can affect the capability for or in education; therefore, the capability approach will seek to balance the capability for personal responsibility for action. The functioning in society is determined by the advantage we have; therefore, public policies can make a huge difference; education can enhance a more inclusive and efficient policy. The public deliberation process that will precede the policy will be better served with educated citizens. Sen (1993) argues that

"being free to live the way one would like may be enormously helped by the choices of others, and it would be a mistake to think of achievements only in terms of active choice by oneself" (p. 44). We live not on an island, but with people, the interactions produce cause and effect. Education including peace education can be a leveler that can prepare the society to respectfully interact and seek joint solutions to the problems confronting the communities. The capability approach integrates the personal and social in expanding the capability of the individual, education inclusive of peace education can lead to the expansion of other capabilities in this way it supports public reasoning which is the hallmark of public participation. The freedom to participate in the life of the society is fundamental; it gives citizens the honor to decide how they wish to live their lives within the confinement of the rule of law agreed upon based on public reasoning.

213 Chapter Five

Conclusion

This concluding chapter of the dissertation begins with a short overview of the work and the summary of the main arguments. It demonstrates that capability approach to social justice combined with peace education can contribute to the desired goals of peace and development in the ND. This chapter explains the contribution of the work as well as the limitations and areas for further research.

Overview of Study & Summary of the Main Argument

Peace in the ND is essential for growth and development; this dissertation addresses the inability of the people to convert the vast resources allocated and spent in the ND into wellbeing. This lack of conversion has led to frustrations, conflict, and militancy. The reality of massive investment in the ND has not translated to a better life for the people.

Therefore, this study investigated the applicability of the capability approach as a framework for the pursuit of distributive justice in the ND.

The dissertation proposed the capabilities theory of justice as a theoretical development framework for conveying the diagnosis and remedy of the distributive justice situation. The research questions that guided the dissertation were of the normative methods of ethical discourse, comparative philosophical analysis, and logical analysis; the research questions were as follows:

1. Which theory of justice is most appropriate for the analysis of the Niger Delta

situation? More specifically, is the capabilities theory of justice an appropriate

theoretical framework for conducting this analysis?

214 2. From within the perspective of capabilities theory and the analysis generated in

response to research question 1: What role should education play in the pursuit of

justice in the Niger Delta?

This work is significant in the contribution to peace in the ND. Economic and social development cannot take place in the absence of peace. Violent conflict disrupts oil production and by implication, a reduction in the revenue of the country which has a massive negative consequence for development. Therefore, the knowledge from this study will promote the positive deployment and utilization of resources leading to positive well-being for the people. The learning from the research can be used in other parts of the region that is experiencing similar situations. Therefore, investigating and articulating the diagnosis and remedy of injustice in the context of the ND using the capability approach can make a significant contribution to knowledge.

Niger Delta. The region of the ND is made up of ethnic minorities with independent systems of the traditional, cultural and political organization before the disruption of their lifestyles by the coming of the British colonizers. After that, the creation of Nigeria and the addition of the ND region was not based on public deliberation but out of the convenience of the British colonial masters. This merger of nationalities has been a source of conflict in the country. The ND region has been a theater of violent conflict, neglect, and poverty notwithstanding the huge revenue derived from oil and gas exploration. Nations go through conflict as a process of growth; however, violent conflict can prevent citizens from achieving their full potential. The democratic dispensation has not changed the situation as the people have not benefited from the dividend of democracy.

215 This ND situation can be analyzed within the prism of distributive justice, a case of inequalities in the distribution of benefits and opportunities. The problem of the ND can also be classified as a resource conversion problem, a condition where government and various stakeholders have deployed vast amount of resources running into billions of dollars to the region for development, yet the evidence is a lack of meaningful impact on the lives of the people. These resources have not been converted to capabilities to make life better for the people nor into the realization of good experiences and wellbeing. This dissertation proposed a capability approach as an appropriate developmental framework after a comparative analysis with the Rawlsian and Utilitarian methods.

Rawlsian, utilitarian and capability theories. Rawls’s theory of justice is articulated as an extension of the social contract tradition with two core dimensions. The expression and defense of two politically liberal principles of justice and the assertion of a method of normative theory construction or moral justification. The Rawls’s principles rest upon a conception of society as a fair system of cooperation regulated by fair terms in the basic structure of society. This dissertation argues that the application of justice as fairness in the ND could not solve the problem of the ND based on its focus on ideal institutions. The conception that ideal institutions will adequately cater for all people has not materialized based on the lack of attention to the need of the citizens and how they can convert the primary social goods. The Rawlsian method postulates an institutional framework for the design of the basic structure. However, Snauwaert (2011) argues that institutions should play instrumental values, not as an end but a route to the realization of human blossoming. Rawlsian method has some challenges in addressing social justice sufficiently, it does not give options for solving or making decisions to solve problems of

216 social justice; it is difficult to apply the methods in a global setting, to address equality, distribution versus production problems, it is more suited for a cooperative society and a closed system liberal democracy. The inability of using the Rawlsian method to diagnose and remedy the situation of the ND led to the consideration of the utilitarian framework.

Utilitarianism framework emphasis treating everybody equally and the enthronement of a universal good based on the conceptualization of the right. The right is being defined as the realization of the good through equal consideration for all through the maximization of the good as the total of all the individual goods. The good is separate from the right, while the right is maximizing the good. This dissertation argues that the conversion problem in the ND is a case of distributive justice. The ability of the utilitarian method to diagnosis and remedy the situation will depend on the determination and calculation of collective preference satisfaction in the ND or the aggregate of economic productivity. Thereafter a justification is made whether or not the current distribution maximizes aggregate utility defined as preference satisfaction or economic development. This dissertation argues that the application of the principles in the ND is inadequate to address and remedy the conversion problems identified. The reason includes the possibility of violation of individual rights, incommensurability factor, non- accounting of distinctions in individual goods and diverse identity; adaptive preference and social circumstance; aggregate sum ranking and the non-accommodation of non- utility values. These inabilities of the utilitarian and Rawlsian methods to diagnose and remedy the conversion problem in the ND led to the consideration of the capability approach.

217 Capability approach is expressed within the proposition of a universal conception of the good and the right is defined as the realization of that good. It is a teleological framework which recognizes that the good is based on the consequences of the action.

The realization of capabilities as substantive freedom is the most valid subject of justice.

The consideration of what is just is defined as that which promotes the realization of the combined index of capabilities of members of society as determined by the methods of social choice theory, comparative assessment, open, impartial scrutiny, and public reasoning.

Capability approach entails the freedom and opportunity that people have to convert resources based on four interlinked conditions which are examined at different times. These are personal heterogeneities, physical environment, social structural differences, and relational perspectives. The capability approach is a holistic framework that focuses on human life, not on an economic analysis of commodity/income; it acknowledges diversity and multidimensionality of humans; it promotes substantive freedom and combined capability. The focus, is not the consideration of the fair distribution of general goods, given their variable conversion, but rather the focus on what each person needs to realize their capability. Capability approach can be used as an evaluation and assessment tool. Capability approach acknowledges the interconnectedness in the community as the community plays an active role in how the resources are converted to resources. This dissertation argues that the capability approach is an appropriate framework for the diagnose and remedy of the ND situation.

Role of education. The determination that the capability approach is the appropriate framework for diagnosis and remedy of the conversion of resources problem

218 in the ND led to the articulation of the role of education. Education was determined to be an enabling factor in resolving the conversion of resources problem. The description of the educational situation in the ND was presented to show the grave state of education in the region to understand the capabilities failure in the area better. Three perspectives of education, the human capital theory, the rights-based approach, and the capability-based approach was presented. The benefits and disadvantage of each method were discussed.

The human capital theory works on the basis that education is considered as an investment that increases productivity by the skills and knowledge it gives to the recipients. This vision of education is instrumental; it highlights only the economic benefits of education based on a cost-benefit analysis. The human right framework sees education as intrinsically valuable for its sake as a human right that should be provided for all citizens. The rights-based framework is attractive in ensuring education for all.

The capability approach to education is not to replace the instrumental value of education driven by economic analysis but rather to include the non-economic and intrinsically implications for education. It does not also seek to eliminate the rights-based education, but rather to incorporate it into a comprehensive capability educational framework.

Progressive, social reconstructive and peace education. The educational capability approach was proposed as the best fit for the ND situation working within the progressive and social reconstructive methods. The social reconstruction and progressive education paradigm make learning an empowering and liberating experience for the learners. The empowerment format will help address the social injustice situation in the

ND, therefore enthroning a just society by breaking the shackles of ignorance,

219 hopelessness, and oppression. The learning is consequently focused on the experience of the learner, not the teacher or the content.

The dissertation also analyzed the potential role of education including peace education in supporting public deliberation as a means of democratic participation for the transformation of the ND. Peace education provides tools and skills needed for solving the problem of human societies to make them a less violent, more peaceful and just society. The peace education envisaged can take place in both formal and informal situation. The essence is that the capability-based educational framework in conjunction with the progressive and social reconstruction framework can facilitate a deliberative process supported by public reasoning in the ND leading to a transformation in the society.

Reflection on Finding and Implications of Result

The situation of the ND can be confusing and complicated. However, this study has enabled me to reflect on the case as a person living in the area and as a distant observer; this should be differentiated from an emic and etic perspective. I lived in the

ND and a living witness of the situation, this might erroneously be classified as an emic perspective. However, this study did not involve social and behavioral sciences, nor does it include fieldwork to explore meanings. This work can also be erroneously classified as an etic study as that of an observer. It is not an etic study. The work is a philosophical and normative analysis of the situation in the region. Therefore, my reflection is strictly a product of the work not as an emic or etic research scholar.

The constant accusation between the community and the government over development in the region was a cause of concern for me. I have often wondered who is

220 giving the actual position of the situation. While the federal government accused the state, the state blames the federal government. In another development, the federal and state governments jointly accuse international oil company of not fulfilling corporate social responsibilities. The civil society organizations on the other hand accuse both the government and international oil companies. The defense by the concerned parties is always to release data of colossal amount spent on the region. The question, then is where did the money go? This study and the painstaking analysis helped to resolve that dilemma. This work argues that it is a situation of using a tool of analysis that did not give the complete picture of the case.

The dilemma is that the agencies and government are not using an appropriate developmental evaluation framework. The based economic system looks at the resources spent, but not how those resources have changed the lives of the people. This finding implies that there is a need to change the developmental framework. This was quite significant because the people are at the receiving ends; the voices of the people need to be heard. The capability approach magnifies the views of the people. The question of adaptive preference is prevalent in the ND and the endless intervention that has not changed the lives of the people. It has made the people skeptics to any government interventions. The people accept their lot in life and adapt their lives to the situation as the accusation and argument continue among the elites who are completely detached from the vicissitudes that the community dweller faces every day.

Reflecting on this situation and my interactions in the ND it becomes clear that there is a massive disconnection between the people and the government. This disconnection might be deliberate in shortchanging the people and in facilitating corrupt

221 practices. However, shortchanging the people and corrupt practices are outside the scope of the study. The role of ‘big men and women’ in the ND was a source of reflection, how have the ‘big men and women’ of the ND assisted in developing the region? (Big men and women in the Niger Delta parlance mean influential people either in public or private lives. These can be people who have access to those who make decisions. They can also be people that have resources.) It should be assumed that the big men and women should attract development to the region. The ‘big men and women’ should know the need of the people, however, from the finding of this work, the ‘big men and women’ are also disconnected from the reality of the community people, they do not live constantly in the community, yet they speak for the community. The broader implication of this is the resource conversion problem; this implies that the resources attracted to the area by the

‘big men and women’ might not be what the community need. It is not that the resources are not deployed, but it is that the resources deployment does not reflect the wishes of the people, the uses do not account for what the people urgently need to transform their lives.

Capability approach can change this situation with an appropriate educational framework as proposed.

The capability failure in the ND can also be linked to the educational situation in the region. In the earlier reflection above, the big man and woman scenario was presented. This situation is prevalent because of the manipulation of the majority by the elites. The elites, therefore, corner the resources for their selfish ends. The people collect whatever that is given to them gratefully. This study was quite illuminative for the possibility of change by having an educational system that prepares the people to question and challenge the status quo. The change will not come by rhetoric; change will

222 begin by having a critical mass of educated citizens. The citizens need to be educated in the right manner, if not they will look up to the oppressors as the model and look forward to the day it will get to their turn to subjugate and oppress the masses. The strange thing is that it is the kin and kith that they will suppress, but stranger is that the people being oppressed through adaptive preference do not realize that have the power to change their situation. It is the tragedy of the ND, which the capability developmental framework and education can ameliorate.

The broad implication for this work is that an appropriate educational framework can unlock keys to development in the region. It will be a life changer for the area as the young are prepared for a transformative life in the community. It will break the shackles of poverty and bring hope, peace, and development to the region. Paulo Freire (2000) stated,

Education either functions as an instrument intended to facilitate the

integration of the younger generation into the logic of the present system

and bring about conformity, or it becomes the pathway to democracy, the

means by which men and women deal critically and creatively with reality

and discover how to participate in the transformation of their world. (p.

34)

The education proposed will transform the people and change the status quo and enthrone a just and prosperous region. This needs the development of the young ones to be prepared for the task as John Dewey (1916) stated,

On the one hand, there is the contrast between the immaturity of the new-

born members of the group—its future sole representatives—and the

maturity of the adult members who possess the knowledge and customs of

223 the group. On the other hand, there is the necessity that these immature

members be not merely physically preserved in adequate numbers, but that

they be initiated into the interests, purposes, information, skill, and

practices of the mature members: otherwise the group will cease its

characteristic life. (p. 3)

The survival and flourishing of the people will be enhanced by an empowering education, which is a capability enabling factor. The young ones need to be adequately educated to take up the task of transformation of the society. It will lead to a generational change in the ND.

Limitations and Delimitations

There are limitations to this study. The research is part of the doctoral program.

As a result, the study was scaled and scoped to accommodate the time duration. The other aspects of the work that was excluded will be discussed under areas for further research.

Further, the capability approach has not been previously applied in peacebuilding.

This entails some limitation concerning extensive literature for review. However, it opens vistas of opportunity to develop that area of research.

Another limitation is that the study did not include the development of methodologies for the selection of capabilities that can be used for the ND. This will be part of the areas for further development and research.

A significant delimitation of the study is the researcher’s decision to develop a philosophical argument for the use of the capability approach in the ND as opposed to empirical research.

224 Recommendation for Future Research

This dissertation was based on a normative, comparative philosophical, and logical analysis. The expectations for future research will be to test the framework in various situations in the ND. The future research should include an empirical study conducted in the ND to ascertain the feasibility of the capability framework as an appropriate developmental framework as proposed in this dissertation and under what conditions. The methodology envisaged for the research will be determined by the various research questions articulated as the research methods used will be based on the questions.

Another area for research is the development of a capability list. This can be done using the five-step approach developed by Robeyns (2003) in articulating a framework for a community participatory process in selecting capabilities. The steps include drawing a list that is debated and agreed within the context of a specific example. Thereafter, the list is evaluated to remove duplication and ensure all capabilities are included. The selected capabilities are defended, and the methodology for the generation of the list is described.

Concluding Remarks

The situation of the ND was articulated as a resource conversion problem. The dissertation examined and demonstrated the appropriateness of the capability approach as a suitable framework for articulating the resource conversion problem in the ND. The role and kind of education that will facilitate solving of the resource conversion problem was examined. The capability approach with an appropriate educational framework that will support democratic practices in the ND including empowering the people through

225 public reasoning and deliberation to chart a course of development and peace in the region was proposed. This peace can be achieved through citizen’s participation.

Citizens’ participation is the central issue in democratic governance. Citizens cannot participate if they are systemic impediments; lack of appropriate education can be such a factor. These impediments can be removed with a capability inspired education; which is a useful and efficient tool for removing all barriers that prevent people from making choices and becoming that which they cherish and wish to be. The capability approach integrates the personal and social in expanding the capability of the individual; education can lead to the expansion of other capabilities in this way it supports public reasoning which is the hallmark of public participation. The active participation of the people in the affairs of the ND will usher a period of sustainable development. The capability approach will be the evaluation framework and education will enable the process.

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