SLC22-W3 / Human Rights (DDHH)

A woman at my place was killed during a traditional exercise. And till date, no proper investigations has been made.

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I would tell this true life story in the course of this assignment,how this woman's right to life was extremely violated.

What if there were no international human rights.
Someone could just barge into your home, take or do whatever he wants and leave without anyone or law to protect you.
We can see how important the international human rights is all over the world.

Based on what was explained in class, state in your own words and with explanations whether you consider that human rights are respected or violated in your country.	•

Firstly, I would explain what human rights are.

What are human rights

Human rights are privileges in which a person is entitled to as a human being.
Irrespective of the country he or she resides in, the human rights laws are universal and should be respected everywhere.
The constitution of a country should not be made in a way that it neglects or gives no regard to the international human rights.

Answering the question;

I will not say that the human rights in my country Nigeria, are respected fully. Infact, most of the recent happening has given clear indications of how the human rights in Nigeria are been violated by the governments and security personnels.
Not that it is extremely bad. But to some extents, the situation here should be really looked into.
Corruption, selfish interest and abuse of power has caused a lot of violation of rights in Nigeria.
Infact, if you've been active on the internet, read national news papers, and other journals. You would be convinced that this is true.

Let me give an instance of how the rights of citizens in Nigeria was violated. Which sparked reactions all over the world. International bodies had to step into this, as it seemed like the right of those affected persons were going to be neglected.

In October 20 2020, So many Nigerians were shot dead in a peaceful EndSARS protest at the Lekki toll gate. It was some CCTV cameras and people who were able to record live videos on thier social media platform that brought this actions to notice. The street lights were turned off inorder to aid the soldiers and security personnels carry out this evil act.
However before sunrise ml, all the dead bodies were cleared. But the blood stains on the road were still there and very much visible. They thought they could hide everything.

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The United Nations Secretary General António Guterres issued a statement on the 21st of October, that same year. He criticized Nigerian authorities, for such act. Amnesty International reported that 12 people were shot dead. This was even less than the actual number. But, the Nigerian government confirmed only two deaths. In November, after so many pressure from citizens of Nigeria who were living in and outside the country, the government finally admitted and confirmed that at least 51 civilians, 11 police officers, and seven soldiers lost their lives in the conflict.
We can see that just by that, so many rights were violated at once.

Please state, according to the laws of your country, whether Human Rights have the same value as the Constitution of your country, whether they are supra-constitutional, or whether the Constitution prevails over international treaties on Human Rights.	•

The Nigerian constitution does not prevail over the international treaties to Human Rights. The constitution recognizes the supremacy of international . Section 12(1) of the Nigerian constitution states that any treaty or convention ratified by Nigeria automatically becomes part of the domestic laws of the country. Which means that Nigeria is bound by international human rights laws and conventions that it has ratified. Additionally, the constitution also ensures that fundamental rights and freedoms are protected.

However, there are some conditions that must be met:

Treaties must be enacted into law;

Treaties between Nigeria and other countries must be enacted into law by the National Assembly before they can take effect.

Treaties may be subject to reservations;

States can accept treaties with reservations that modify the obligations between the parties.
Treaties may be implemented through domestic laws
Provisions from treaties may be incorporated into domestic laws. So, these are the same way the international human rights are being incorporated into the constitution.

Mentioned any organisation in your region that has jurisdiction over human rights. In your opinion, how useful it has been and how its operation has influenced respect for human rights in your country.	•

The organization in my region that has jurisdiction over human rights is the National Human Rights Commission ( NHRC.)
It was established in 1995(Amendment act of 1995) in compliance with the demands of the Universal Declaration on Human Rights, United Nations Charter and African Charter on Human and Peoples rights.
The commission has over 20 branches across Nigeria. They also have a governing Council which consist of 16 members consisting of a chairman, usually a retired Justice of the Supreme Court of Nigeria or the Court of Appeal or a retired Judge of the High Court of a State and an Executive Secretary. The current Executive Secretary is Anthony O. Ojukwu Esq.Council members are usually appointed by the President. But only on the recommendation of the Attorney General of the Federation.

These are some of the Roles of the NHRC in Nigeria;

•The NHRC protects and promotes human rights, and also investigate cases of torture and human rights violations.

•The NHRC serves as an extra-judicial mechanism to ensure that people have a fair chance to state their case.

The NHRC provides avenues for research, dialogue, and public enlightenment to raise awareness on human rights issues.

This is a screenshot form Thier website.

You can call the number there to lay your
complaint or better still visit the website www. NHRC.ng.org.
Provisions have been made to type in your complaint, which you be required to put in some of your details like name, phone number, email, etc. So that response will reach you.

•The NHRC promotes and protects the rights of children, including vulnerable children

Some challenges that has influenced the usefulness/ operation of the NHRC in Nigeria	•

The NHRC has faced budgetary constraints that have limited its capacity to effectively carry out its mandate. This has affected the commission's ability to investigate human rights violations, conduct public awareness campaigns, and provide assistance to victims. The problem of lack of enforcement power to hold perpetrators of human rights violation has been a major challenge to ensuring justice for victims of human rights violation.
Lack of independence is also a challenge. But it is usually overlooked. The fact that the government funds it shows that it can be compromised. However, if the NHRC can have their independence, avoiding any government or political interference. The situation would be better than it is today.
Despite these challenges, the NHRC still plays a significant role in raising awareness about human rights issues in Nigeria, as they provide a platform for victims to seek redress. The commission has also conducts some investigations, provide legal assistance to victims. At least these help to promote human rights in a country.

These are some other sub organization that work hand in hand to protect the human rights in Nigeria:

•Civil Liberties Organization (CLO)
•Committee for the Defence of Human Rights (CDHR)
•Legal Defence and Assistance Project (LEDAP)
•Centre for Democracy and Development (CDD)
•Women's Rights and Health Project (WRAHP)
•Nigeria Network of NGOs (NNNGO)
•Social and Economic Rights Action Center (SERAC)
•International Federation of Women Lawyers (FIDA) Nigeria

These organizations work to promote and protect the rights of is people, groups in various sectors of society, including men, women and children.

Have you or someone close to you been a victim of human rights violations? If so, what was the situation and were you able to assert your rights?	•

Yes, it's about the story of the pregnant woman that was sacrificed based on tradition.
In my place at Oruk Anam local government in AkwaIbom state Nigeria. My local government is big. And this thing happened deep inside the local government. The place is undeveloped and only few people go there. Or except you're traveling somewhere, you could just pass by the village.
So, this lady was my grandmom's colleague and friend. She used to visit us many times. And at that time I was small. But each time I remember this I feel bad.
So, in that place when ever these masquerades are parading the streets, no woman or female children should see them. If they also here the cry of a baby , they'll demand for the baby to be killed. They claim that the baby is disturbing the spirits of the land. As such nursing mother usually take their babies to other places when the traditional exercise is about to start. It usually last for about 2 weeks.

So this woman was still around with her husband and children as they were grown. Anytime she wants to cook, the husband would be the one to go to market and buy food stuff.
They also had this fence or barrier she and her husband made with bamboo and palm fronds to shield the house and also avoid them from getting to see these masquerades in order to avoid problem.
On this faithful day, while she was cooking outside her backyard, she heard this sound like a something trying to tear this palm frond. So she went to check what it was. When she reached there, she saw a tear on the fence. A big hole created on the fence.
She called her husband to go and have a look.They both went and on getting there, a masquerade pocked its head inside the hole and this woman and her husband saw it.

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The masquerade grew furious, went to the village council to table the matter . Allegedly accusing the man of bringing out his wife to see him on purpose.
The tradition at that time demands that the woman must be killed as she has violated the laws of the land. And they did kill her.
When this got to the notice of where she was working, the executive there reported to the police at the local government level but they claimed it was the tradition of the place. The people then reported this case to the state police. Which investigations commended . Arrest of some of the village council members were made. But after some few days they were released. When the executives asked why. They claimed it was also tradition of the village and that the case was not just going to be physically handled but spiritually too.
Investigations were shut down . And till now, that case has been closed and forgotten about.
You can see how they extremely violated the rights of that lady and that of her family.
My grandma cries everytime she remembers and talks about this incidence.

Please state whether you believe that the human rights of the victim in this case were indeed violated and whether the complaint to the aforementioned body should be admitted or not. Explain your answers.	•

A woman loses her son when he dies at the hands of assailants who kill him to steal his car. The assailants are later arrested and prosecuted for the murder. He is serving the sentence provided for by law. However, the woman believes that her right to life has been violated and decides to file a complaint with the Inter-American Commission on Human Rights.

Answer	•

In the scenario described, it does not appear that the human rights of the victim have been violated. The assailants who killed the woman's son were arrested, prosecuted, and are serving the sentence provided for by law. Justice has been served through the legal system, and the perpetrators are being held accountable for their crime.

While the woman may be experiencing immense grief and suffering due to the loss of her son, it does not necessarily mean that her human rights have been violated in this specific case. The right to life of the victim was indeed violated by the assailants, but justice has been pursued and achieved through legal means.

As such, it is unlikely that the Inter-American Commission on Human Rights would admit the complaint in this case as it appears that the legal process has been followed and justice has been served. The Commission typically deals with cases where there has been a failure of national authorities to provide redress for human rights violations.

Please state whether you believe that the human rights of both the victim and his/her family are being violated. Explain your answers.	•

A person is arrested in the middle of an anti-government protest. He is beaten by police officers, resulting in his death. The prosecutor assigned to the case begins the investigation without being able to precisely identify the perpetrators of this murder. Several years go by and the victim's relatives turn to the prosecutor's office for an answer, and are told that the case has been closed because several years have passed without being able to identify the officers who caused the death.

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Answer	•

Yes, I believe that the human rights of both the victim and his/her family are being violated in this scenario.

Firstly, the victim's right to life was violated when he was killed by police officers during a peaceful protest. This violation is compounded by the fact that the perpetrators of the crime were not held accountable for their actions. The victim's family has the right to seek justice and closure for their loss, and the lack of accountability for the officers responsible deprives them of this right.

Secondly, the right to an effective remedy is also being violated in this case. The prosecutor's office's decision to close the case without identifying the perpetrators means that the victim's family does not have access to justice or the opportunity to hold those responsible for the death accountable. This denial of justice further traumatizes the family and undermines their trust in the justice system.

Overall, the failure to identify and prosecute the police officers responsible for the death of the victim constitutes a violation of the human rights of both the victim and his/her family. The state has an obligation to ensure accountability for human rights violations, and in this case, that obligation has not been fulfilled.

Cc;@anasuleidy

I'll like to invite ; @sadaf02 @imohmitch @promisezella to participate
Use the link below.
https://steemit.com/law-s22w3/@anasuleidy/slc22-w3-derechos-humanos-ddhh

Happy New Year 🎉🥳