By Emmanuel Enebeli
LAGOS/Nigeria: The Immediate past President of the Committee of Defence of Human Rights, CDHR, Bar. Malachy Ugwummadu had advocated for greater involvement of youths in activities that will promote human rights and peace building in the country.
Bar Ugwummadu who was a Guest Speaker at the National Commission on Human right event to mark the 2019 International Human Rights day celebration in Lagos, stated that
“the very first responsibility is the need to build and create a critical mass. This can only be achieved through effective and goal-driven organization, mobilization and sensitization. Such grouping and gathering can only succeed if it subscribes to clear sets of goals, programmes of action and irreducible standards of conduct below which no member can operate. It is indeed, those goals, programmes and objectives that give them the outlook of an organized body to which people of like minds are attracted. As an association, they are bound together by those shared goals, aspirations and objectives. Thus, they are co-owners of the movement because they also believe in them even, individually. Similarly, their mode of operation must flow from the expressed content of those stated objectives. This is important because the youths organistions are ultimately crucial training grounds for the adults of the future. The coherence, coordination and clarity of goals of an organization determine the efficacy of its movement. The grouping is a critical mass because they are not a motley crowd but an informed, disciplined, sensitive, productive and principled groups of young people with the energy and vitality of their youthful members with innovation and creativity for fresh vistas and opportunities for measurable developments.”
“The youth is to identify the old order and its limitations. In doing this, the youth leverages on the orientation and socializations it has had under the existing order. This way, it acquires the capacity to identify and locate the peculiarities of that order and isolates for transformation the values and practices considered incompatible with social growth, transformation and development. Surely, to be able to discharge this function or play this role, certain degree of human capacity development must have been attained either by formal education, training or social interactions.”
He pointed out that the youth plays the important role of a vehicle or agent of change either as a participant in the true process of change or mobiliser of change. Understandably, a very important foundation upon which this role can be performed is to effect the same change sought internally.
“Thus, the youth or youth group that desires and preach peace in the country must be able to practice tolerance, encourage and appreciate unity in diversity, participate in national as opposed to ethnic and sectional initiative.”
“This way, the youths will inspire change in the society through their actions and omissions by refusing to be merchant of violence which is what they largely represent now particularly during elections.”
“The youth must take full advantage of success recorded in their knowledge acquisition, participation in the process of nation building and proffer solutions, constructive criticisms and in some other cases alternatives views to them. By these processes, the youth critically reviews, analyses and reappraises existing or proposed legislations, practices and policies taking them through some continuity test in the process.”
“Considering that they are now involved and participate rather than excluded, they can set the tone for aggressive developments in those areas and bring their professional expertise, energy, vitality, resourcefulness, innovation, creativity to bear on those isolated and identified areas. They could be in the area of healthcare delivery system, education, children, gender and women issues.”
“Aggressive mobilization around programme of activities towards set objectives must be constantly kept in focus in a manner that energies the youths, propels their interventions and sustain their interests for social transformation and harmonious co-existence. Regrettably, these enviable ends cannot be met except the youth has acquired fresh skills of engagement through quality education enough to enable him influence and attract like minds into his platform”
However, he listed some militation against the youths in human rights and peace advocacy.
The Full Paper Bellow:
Event: INTERNATIONAL HUMAN RIGHTS DAY PROGRAMME.
Organisers: NATIONAL HUMAN RIGHTS COMMISSION (NHRC) LAGOS.
THEME: STAND UP FOR ANOTHER PERSON TODAY.
Topic: “THE ROLE OF YOUTHS IN SAFEGUARDING HUMAN RIGHTS AND PEACE BUILDING”.
Resource Person: MALACHY UGWUMMADU, IMMEDIATE PAST PRESIDENT CDHR.
Venue: PROTEA HOTEL IKEJA LAGOS.
Date: 9TH OF DECEMBER, 2019
Abstract
This paper examines the corresponding roles of the youth population in Nigeria towards human rights advocacy and peace building. It evaluates the youth as an integral development partner within the wider context of the state structure and power relations. It does not lend itself to the regular pattern of national discourse, but offers us yet another opportunity to investigate the ideal place of a youth population as well as conduct a summary audit of its interventions and effectiveness as we deal with the present concerns of the National Human Rights Commission in commemoration of the International Human Rights Day.
It argues further that the nature and character of the Nigerian state in relation to political communications and socialization limits the ability and consequently capacity of the Nigerian youth to contribute meaningfully to Nigerian social transformation which, in turn, jeopardizes national peace and human rights advocacy.
Finally the paper holds out a comforting prospect of a better utilized youth population, properly orientated, mobilized and empowered to stand firmly in the vanguard of fresh national ethos and values sufficient to guarantee peace, progress and civility. It concludes however, with the ever-present inhibiting factors that pose serious challenges against youth efficiency in human rights campaigns and peace development.
Who is a Youth; What is the Youth Population of a Nation?
Not much certainty has been achieved in identifying who a youth is and by extension, what a youth population represents. Sundry views have been expressed to capture the youth within an age bracket without success. It varies extensively. Even the United Nation in 1985 adopted a definition that recognized youths as those persons between the ages of 15 and 24years. Clearly, this was merely for statistical purposes, as several other member states have different age range for youths of their respective states. By all measures, age is not the only yardstick by which youth and youth population can be ascertained.
The term youth within the contemplation of this event will be construed to mean young adults from the age of 15 to 45. In arriving at this age bracket, cognizance is taken of age 18 (eighteen) when a Nigerian citizen is eligible to exercise his or her electoral choices and at which age too (s)he becomes criminally liable for whatever offence(s)he commits.
Section 106(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) provides that to quality for election into the National Assembly, such a person must have attained the age of 30 years. In our view, this is both unfortunate and unfair to the youth in that certain categorization of youth age has been placed at the younger age of 18-39, while the 1985 United Nation’s Resolution adopt the ages between 15 and 24 as the youth age. Secondly, if the youth, as earlier indicated, can vote at the age of 18, it is only reasonable that he can be voted for at that same age of 18years.
Surely, the age description of youth varies depending on the subject under review and the object of the discourse. In consequence, we are minded to tow the line of group characterization, emphasizing the features and attributes of a youth rather than ascribing and identifying them around age brackets.
Youth Definition
Thus, a youth in any society is a young, active, creative, agile and resourceful person upon whom the social duty of linking the past with the future rests. On this premise alone, the nexus between the youth and social harmony in the interest of peace is established. Indeed, the youth bears greater stakes in what the society becomes for the purpose of social transformation and development given that he (the youth) inherits what the present society bequeaths to him. His involvement, interest and participation is of greater importance thereof.
Peace Building and Human Rights Advocacy, on the other hand, are critical social mechanisms for public engagement and transformation. Social transformation for the purpose of this exercise will mean the deliberate process of change by which false, negative and retrogressive social values are abandoned and exited for positive and regenerative variants.
It means for instance, the movement away from such inhibiting social factors as ethnic/tribal sentiments, gender insensitivity, class superiority and oppression, vacuous social goals, violence and vain pursuit of religious/cultural dominance.
Such exit-strategies away from the forgoing tendencies must be conscious and deliberate towards the emergence of a society of ethnic tolerance, gender sensitivity and accommodation; inclusivity; pursuit of social values that edifies sound, religious, socio-cultural and political freedom.
v In What Specific Ways Therefore Can The Youths Safeguard Human Rights And Peace Building?
Put differently and re-echoing the very topic under review = what are the roles of the youths in safeguarding human rights and peace building? We have examined youth and a youthful population in any given political setting. What then are human rights?
CONCEPTUALIZING HUMAN AND FUNDAMENTAL RIGHTS
v What Are Human Rights?
Human Rights are rights available to citizens of any nation by reason of their humanity. These rights inhere in to us by reason of our humanity. They could be socio-economic in nature, cultural or even environmental etc. A preponderance of these rights are contained in chapter two of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) dealing with the Fundamental Objective and Directive Principles of State Policy1 which are unfortunately rendered non-justiciable by virtue of Section 6(c) of the 1999 Constitution. They are also known as the second generation rights already enforceable in advanced democracies and economies while the third generation rights are anticipated to be applicable to animals and industrial substitutes for labour including robots.
Human rights are rights that are globally recognized as rights and attributed to human beings irrespective of their race, creed, gender, religion, social and political status. Accordingly, human rights are charaterized and identified by their global attributes and universal applicability.
Progressively, and as society evolved into larger political environments, some of these human rights are made fundamental and inalienable to underscore their preeminence and importance within given political and legal settings. They are accordingly enshrined, entrenched, codified and guaranteed in the constitutions and organic laws of countries as political pronouncements indicating the minimum attributes of humanity beyond which citizen within those states cannot be treated. It makes a further declaration that the violation of any of those rights, having been made fundamental, attracts redress, recompense and general damages2.
It provides in general under S.46(1) of the 1999 Constitution that:
S.46(1) “Any person who alleges that any of the provision of this Chapter has been, is being or likely to be contravened in any state in relation to him may apply to a High Court in that State for redress”
In the hierarchies of rights, the Supreme Court of Nigeria as far back as 1985 has rated and ranked fundamental rights well above other right. In the celebrated case of Chief (Mrs.) Olufunmilayo Ransome-Kuti & Ors V Attorney General of the Federation3 the Apex Court held thus:
“This is, no doubt, a right guaranteed to everyone including the appellants by the Constitution. But what is the nature of a Fundamental Right? It is a right which stands above the ordinary laws of the land and which, in fact, has an antecedent to the political society itself”. Emphasis mine.
v In What Ways Are Human Rights Different From Fundamental Rights?
There is however, a subtle distinction between human rights and fundamental rights. Whereas all fundamental rights are human rights, not all human rights are fundamental rights. See the case of Uzoukwu V Ezeonu4 where the Court of Appeal Per the Learned Jurist Nasir, PCA (as he then was) stated as follows:
“Due to the development of Constitutional Law in this field, distinct difference has emerged between ‘Fundamental Rights’ and ‘Human Rights’. It may be recalled that human rights were derived from and out of the wider concept of natural rights. They are rights which every civilized society must accept; as belonging to each person as a human being. These were termed human rights. When the United Nations made its declaration, it was in respect of ‘Human Rights’ as it was envisaged that certain Rights belong to all human beings irrespective of citizenship, race, religion and so on. This has now formed part of International Law. Fundamental Rights remain in the realm of domestic law. They are fundamental because they have been guaranteed by the fundamental law of the country; that is by the Constitution.” Emphasis also mine.
Thus, within the context of the foregoing categorization, you will observe that the rights provided for under the United Nation’s Universal Declaration of Human Rights (1948); The European Convention on Human Rights (1950); The International Covenant on Civil and Political Rights (1966); The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap10) Laws of the Federation of Nigeria 1990 are fundamental in nature by reason of their codifications.
We generally refer to those classes of rights as human rights while the rights expressly provided for under the constitutions of nation states and other legislations are fundamental in character.
v What are these Fundamental Rights in Nigeria?
They are those rights contained and guaranteed under Chapter 4 of the 1999 Constitution dealing with the fundamental rights and starting from S. 33 Right to life, S. 34 Right to dignity of human person; S. 35 Right to personal liberty; S. 36 Right to fair hearing; S. 37 Right to private and family life; S. 38 Right to freedom of thought, conscience and religion; S. 39 Right to freedom of expression at the press; S. 40 Right to peaceful assembly and association; S. 41 Right to freedom of movement; S. 42 Right to freedom from discrimination; S. 43 Right to acquire and own movable property anywhere in Nigeria.
v Role of the Youths Towards Peace Building, Social Transformation and Rights Compliant Society.
- The very first responsibility is the need to build and create a critical mass. This can only be achieved through effective and goal-driven organization, mobilization and sensitization. Such grouping and gathering can only succeed if it subscribes to clear sets of goals, programmes of action and irreducible standards of conduct below which no member can operate. It is indeed, those goals, programmes and objectives that give them the outlook of an organized body to which people of like minds are attracted. As an association, they are bound together by those shared goals, aspirations and objectives. Thus, they are co-owners of the movement because they also believe in them even, individually. Similarly, their mode of operation must flow from the expressed content of those stated objectives. This is important because the youths organistions are ultimately crucial training grounds for the adults of the future. The coherence, coordination and clarity of goals of an organization determine the efficacy of its movement. The grouping is a critical mass because they are not a motley crowd but an informed, disciplined, sensitive, productive and principled groups of young people with the energy and vitality of their youthful members with innovation and creativity for fresh vistas and opportunities for measurable developments.
- The second important role of the youth is to identify the old order and its limitations. In doing this, the youth leverages on the orientation and socializations it has had under the existing order. This way, it acquires the capacity to identify and locate the peculiarities of that order and isolates for transformation the values and practices considered incompatible with social growth, transformation and development. Surely, to be able to discharge this function or play this role, certain degree of human capacity development must have been attained either by formal education, training or social interactions.
At this stage, participation could be guaranteed as questions can be posed on the propriety or otherwise of legislations enacted or proposed to be enacted; constructive inputs can be made in the formulation of policies, statutes or normative values of the state on a broad spectrum of social issues. For instance, the “Not Too Young To Run” Act 2019 is a classic example of youth engagement on legislation through organized civil society platforms critical enough to understand that the age limits in the 1999 constitution constitute serious inhibition to youth participation.
Similarly, the Freedom of Information Act 2011 presents a good example of youth “legislative” intervention to strengthen the opportunity of Nigerians to access information which were hitherto inaccessible or classified. Recall that this particular bill before it became an Act of the National Assembly was neither an executive or private member bill but sponsored and pursued for almost a decade by civil society organisations committed to press freedom before it was enacted into law. Serious national transformations have occurred as a result of this singular legislation.
The Child Rights Act 2011 is not just a piece of legislation in the corpus of our laws, it has provided concrete bases for child rights advocates to practically attend to the serious needs of children across the federation particularly in states where they have been domesticated. Matrimonial disputes arising from marriages outside the Marriage Act can now be handled at the family courts under the Child’s Right Law.6
Same groups predominantly youths have instituted cases and prosecutions along the same line to establish precedents for redress and future recompense. Other aspects of the legislation are activated to compel state actors and institutions to take full responsibly for children of certain age-bracket who must be in school at the expense of such governments. They build organic partnerships and collaborations with service providers and professional bodies like NBA, NMA NAPTIP etc to make it happen.
- Thirdly, the youth plays the important role of a vehicle or agent of change either as a participant in the true process of change or mobiliser of change. Understandably, a very important foundation upon which this role can be performed is to effect the same change sought internally.
Thus, the youth or youth group that desires and preach peace in the country must be able to practice tolerance, encourage and appreciate unity in diversity, participate in national as opposed to ethnic and sectional initiative.
This way, the youths will inspire change in the society through their actions and omissions by refusing to be merchant of violence which is what they largely represent now particularly during elections.
- Fourthly, the youth must take full advantage of success recorded in their knowledge acquisition, participation in the process of nation building and proffer solutions, constructive criticisms and in some other cases alternatives views to them. By these processes, the youth critically reviews, analyses and reappraises existing or proposed legislations, practices and policies taking them through some continuity test in the process.
- Considering that they are now involved and participate rather than excluded, they can set the tone for aggressive developments in those areas and bring their professional expertise, energy, vitality, resourcefulness, innovation, creativity to bear on those isolated and identified areas. They could be in the area of healthcare delivery system, education, children, gender and women issues etc.
- Aggressive mobilization around programme of activities towards set objectives must be constantly kept in focus in a manner that energies the youths, propels their interventions and sustain their interests for social transformation and harmonious co-existence. Regrettably, these enviable ends cannot be met except the youth has acquired fresh skills of engagement through quality education enough to enable him influence and attract like minds into his platform.
v What are the Constraints Inhibiting the Youth on Rights Campaign and Peace Initiatives?
In this respect I quote and reference one of Nigerians finest political scientists Prof. Julius Ihonvbere who posited as follows:
“Specifically, where the state is unstable, violent and lacks legitimacy, it would privilege the elite and capital over popular constituencies like the youth”
Where the power elite is corrupt factionalized and fractionalized and plays a subservient role to foreign capital in the process of production and exchange, it would see the youth and other popular groups as constituting nothing but a pool for cheap labour”
Not done, the Prof. went on with the following submission
“…….Therefore, for a dependent capitalist formation like Nigeria, the youth occupy only a secondary place in the socio-economic and power calculations of the state, its agents and agencies. This paper would focus on how the nature and politics of the Nigerian governing class negate and compromises the participation of the youth in politics5”
v Back To The Question of Inhibiting Factors.
- The identity of the youth and youth population must be determined. It is not yet so hence our characterization, alone the nature and attribute of a youth.
- Nigerian youths do not have access to civic education. The literacy level in the country is low. The curriculum of Nigerian schools do not place premium on civic education. Presently, most cases around civic education are subsumed in what is called general studies.
- Youth organizations across board and professional bodies have not been able to come under one umbrella and speak with one voice on issues of common concern. There is the need to intensify their collaborations and partnerships even with artisan groups. They could reinforce each other in terms of training and practical actions. The bridge must be built and sustained. They are not mutually exclusive but inclusive for minimum collaborations.
- The question of empowerment is crucial to youth and youth movement. The youth’s daily search for unavailable job undermines their determination and resolve to engage the situation.
- The peer pressure is prevalent amongst youths as they crave greener pastures outside the shores of this country with attendant risks and uncertainties.
Conclusion
Apparently, the Nigeria youth is confronted on all fronts with myriad of challenges as articulated above. Yet, his potentials and capacity to surmount all the identified challenges are assured provided the youth is refocused on his areas of comparative advantage. In the event, this paper examined the youth and Nigerian Youth Population as an integral demography of the entire Nigeria population. The youth population is, indeed, recognized as a major block of our population with recognizable powers to change the course of their history in relation to rights advocacy and peace building. It is therefore left for the same youth to adopt the suggestions already offered. Resolve and focus on the ideals of a greater Nigeria inspired by the modest foundations laid by patriotic heroes past could facilitate a quicker return and reinvention of a vibrant Nigeria youth population.
REFERENCES
- Section 13-24 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended.
- Section 46(1) of the 1999 Constitution: Order (2) R 1 of the Fundamental Right (Enforcement Procedure) Rules 2009.
- (1985) 2 NWLR (Pt.6)P.211@229-230
- Uzoukwu V Ezeonu (1991) 6 NWLR (Pt.200) 708
- Nigerian Youth and Social Transformation, CDHR Publication.,(April 2003); Frankad Publishers Edited by Segun Jegede, Ayodele Ale and Eni Akinsola, Page 7
- Section 136, Child’s Right Law, 2011 Cap. C7, Laws of Lagos State of Nigeria 2015
