Amb (Prof.) Edwin Igoche

By  Amb (Prof.)  Edwin Igoche

LAGOS AUGUST 20TH (URHOBOTODAY)-Human rights are fundamental rights and freedoms that are inherent to all human beings, regardless of their race, gender, nationality, religion or any other status.

These rights are universal, inalienable and indivisible and are essential for the dignity, wellbeing and freedom of individuals.

The concept of human rights has evolved over time, with the modern human rights movement tracing its roots back to the universal declaration of human rights (UDHR), adopted in 1948.

The Universal Declaration of Human Rights (UDHR) set out a broad range of civil, political, economic, social and cultural rights, that are essential for human dignity and well-being.

Human rights are enshrined in international law and are protected by various international and regional treaties, conventions and declarations.

The International Convention on Civil and olitical Rights (ICCPR) and the International Convention On Economic, Social and Cultural Rights (ICESCR) are two key treaties that elaborate on the rights enshrined in Universal Declaration Of Human Rights (UDHR). Human rights are essential for promoting social justice, equality and human dignity.

They provide a framework for individuals and groups to hold state and other actors accountable for their actions and inactions and to advocate for the protection and promoting of human rights. There are various types of human rights which includes;

*Civil and political rights – Rights to life, liberty and security of persons.

– Freedom from torture and cruel, inhuman and degrading treatment.

*Economic, social and cultural rights

– Right to work and fair wages

– Right to education and healthcare

– Right to social security and adequate standard of living.

Human rights have some key principles by virtue of being a human being,

which are as follows: –

? Universality: Human rights are universal which is apply to all individuals.

? Inalienability: Human rights cannot be taken away because it is an

inherent right.

? Indivisibility: Human rights are interconnected and interdependent.

? Equality and Non-discrimination: Human rights are equal and

inalienable for all.

? Participation and inclusion: Human rights promote participation and

inclusion for all.

The importance of human rights cannot be over emphasized, which are as

follows: –

? Protect human dignity and well-being.

? Promote social justice and equality.

? Empower individuals and communities

? Hold states and institutions accountable.

Nigeria, which is a signatory to the Geneva Convention and various International human rights treaties has a constitutional obligation to protect and promote human right, which was also enshrined in chapter IV section 33 to 46 of 1999 constitution (as amended).

However, the country’s law enforcement agencies have been criticized for their human rights record, with allegations of extrajudicial killings, torture and arbitrary detention.

This article examines the intersection of human rights and law enforcement in Nigeria, considering the perspective of research scholars and the provisions of the Geneva convention and Nigerian laws.

The Geneva convention and its additional protocols set international standards

for the protection of civilians and prisoners of war during armed conflicts.  Nigeria has rectified the convention and its protocols, committing to uphold the principles of humanity, neutrality, impartiality and non-discrimination.

The 1999 constitution of Nigeria (as amended) and the African charter on human and peoples’ rights (ACHPR) provide a legal framework for human rights protection in Nigeria.

The constitution guarantees fundamental rights, including the rights to life, dignity and from discrimination, but the law enforcement on human rights protection is not pleasant and encouraging in Nigeria, as there are plethora of human rights violations, which was documented by research scholars on Nigeria law enforcement agencies, which among others includes as follows: –

• Extrajudicial killings (Amnesty international 2020)
• Torture and ill-treatment (Human right watch 2019)
• Arbitrary detention and enforced disappearance (Nigeria human right

commission, 2020).  Some scholars’ views about human right violation by law enforcement agency are as follows: –

? Dr. Abiola Akinyode Afolabi – A human rights expert stated that “Nigeria’s law enforcement agencies operate in a culture of impunity, perpetrating human right abuses with little accountability”.

? Dr. Chide Amslem Odinkalu, former Nigeria human right commission (NHRC) chairman stated that “the Nigeria government must prioritize human rights training for law enforcement officials and ensure investigations into alleged abuses”.

Some recent disturbing and worrisome cases of human rights violation in Nigeria are as follows: -? The National Human Rights Commission (NHRC) in Nigeria received about 106,604 human rights complaints in June, with the most coming from North-central region of Nigeria.

? In the North-central state of Nigeria, there were reports of mass child marriage.

? There were reports of extra-judicial killings and Police attack in Kebbi, Kwara and Plateau state.

? A suicide bombing attack in Borno state resulted in more than thirty (30) death.

? Kidnapping and killing are still prevalent in Kastina, Niger and Borno state.

? In Edo state, there were reports of human rights abuses resulting from cultism.

? There were attacks on law enforcement agents in Ebonyi state.

? In Bauchi state, there were cases of mob-action resulting in deaths over alleged blasphemy.

? There were also report of killings resulting from infidelity in Ondo and stabbing incidence in Ogun state.

Human rights are fundamental and essential for building a trust and equitable society. It is our responsibility therefore to promote and protect human rights for individuals. Let us strive to create a world, where human right will be respected, protected and fulfilled.

Law enforcement agencies play a crucial role in preventing and investigating human rights abuses and violations, which are still not enough. Some steps to be taken by law enforcement agencies includes;

• Training and capacity building – This provides officers with training on human rights, international law and cultural diversity to enhance their understanding and skills in handling sensitive situations.
• Community engagement – This foster positive relationship with local

communities, encouraging trust and cooperation to prevent and address

human rights concerns.

• Investigation and accountability – Conduct thorough investigation

into alleged human rights abuses, holding perpetrators accountable and ensuring justice for victims.

• Protection of vulnerable groups – implement measures to safeguard vulnerable individuals, such as minors, women and children from discrimination and harm.
• Human right monitoring – Establish mechanisms to monitor and report human right situation, identifying potential issues and responding promptly.
• Collaboration with human right organization – Engage with local and international human rights organization to share information, expertise and resources.
• Development of human right policies – Establish and implement policies and procedures that align with international human rights standard and best practices.
• Oversight and accountability mechanism – Establish independent oversight bodies to investigate allegation of human rights abuses by law enforcement personnel.
• Community outreach and education – conduct public awareness campaigns to educate communities about human rights and the role of law enforcement in protecting them.
• International cooperation – Collaboration with international organization and law enforcement agencies to share best practices and address transnational human rights concerns.

By taking the above steps, law enforcement agencies can play a vital role in preventing and addressing human rights abuses, promoting a culture of respect for human rights, and building trust with the communities they serve.

In conclusion, the protection of human rights is an essential component of law enforcement’s mandate, to serve and protect with integrity and dignity.

By recognizing the inherent dignity and worth of all individuals, law enforcement agencies can foster trust, build relationships and create safe communities.

It is crucial for law enforcement officials to prioritize human rights in their daily duties, from arrests to investigations, and to ensure that their actions align with international best standard and practices.

By doing so, they can uphold the rule of law, promote social justice and contribute to a more equitable society.

Nigeria must reconcile its international obligations with domestic law enforcement practices, prioritizing human rights protection and accountability.

Effective training, investigation and prosecutions are crucial to end impunity and ensuring that law enforcement agencies respect and protect human rights.

Ultimately, the effective protection of human rights by law enforcement is essential for building a world where all individual can live with dignity, freedom from fear and oppression.

“A THREAT TO JUSTICE ANYWHERE, IS A THREAT TO JUSTICE EVERYWHERE”

AMB. (PROF). SIR EDWIN IGOCHE, AProfessor Of Peace Conflict And International Jurisprudence  writes from Delta State

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