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HUMAN RIGHT VIOLATION IN NIGERIA AND THE KILLING OF AID WORKERS


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Abstract

In 2018, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in North Eastern Nigeria, this study considers the legal obligation of state and non-state actors to consent to and facilitate humanitarian assistance. It is shown that the Geneva Conventions and their Additional Protocols, as well as customary international law, require that states consent to and facilitate humanitarian assistance which is impartial in character and conducted without adverse distinction, where failure to do so may lead to starvation or otherwise threaten the survival of a civilian population. This study considers whether this obligation has been further expanded by the development of customary international law in recent years, as well as by international human rights law, to the point that states now have an obligation to accept and to facilitate humanitarian assistance in both international and non-international armed conflicts, even where the denial of such assistance does not necessarily threaten the survival of a civilian population.

CHAPTER ONE

INTRODUCTION

  • Background of the study

Human rights are “rights which all human beings have by virtue of their humanity, such as the right to life, dignity of human person, personal liberty, fair hearing and freedom of thought, conscience and religion. They provide a common standard of behavior among the international community.”(UDHR 2012) They are natural, rational, inviolable, and unalterable, the deprivation of which would constitute a grave affront to one’s sense of justice (Maurice Cranston 2008). Rights, as defined, are generally understood as, “moral-political claims which by contemporary consensus, every human being has or is deemed to have upon his society or government,” claims which are recognized “as of right” and “not by love or grace or charity.”( Lori f. Damrosch Et al. 1997) Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, provides for fundamental rights of citizens, including the right to life, right to dignity of human person, right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of movement, right to freedom from discrimination, and the right to acquire and own property anywhere in Nigeria. Also, in chapter II, provisions are made for several other rights under the fundamental objectives and directive principles of state policy. Human rights, as noted by an astute author, “are more than a collection of formal norms, they are dynamic political, social, economic, juridical, as well as moral, cultural and philosophical conditions which define the intrinsic value of man and his inherent dignity”(Moses Moskowitz 1994). Dating back to the colonial era, the human rights records of the Nigerian state has been consistently poor and unimpressive. At present, the situation has not significantly improved. The environment in which aid workers or humanitarian agencies and their staff provide assistance to populations affected by armed conflict and natural disaster has changed in significant and concerning ways over the past decade. The majority of conflicts taking place in the world today are non-international in character, with national and/or multinational forces fighting a variety of armed groups, often with significant asymmetry between the parties (UN 2017). Characteristics of contemporary armed conflicts include the deliberate targeting of civilians, large scale population displacement, grave violations of international humanitarian and human rights law, the targeting of international humanitarian personnel, and restrictions on humanitarian access to civilians. Recent decades have also seen a significant increase in the number of people in need of humanitarian assistance in the aftermath of natural disaster, (UN 2017) with similar restrictions imposed upon humanitarian access. In 2004, the UN General Assembly estimated that more than 10 million people in 20 countries affected by complex emergencies (including both natural disasters and conflict situations) were inaccessible to humanitarian agencies (UN GAOR 2014). For many of these people, restrictions on humanitarian assistance mean restrictions on the basic food, water, sanitation and shelter necessary for survival. Millions of civilians in the northeastern Nigerian states of Borno, Adamawa, and Yobe live in extreme vulnerability, with credible fears of violence along with high levels of malnutrition, water shortages, limited access to health care, and food insecurity. Although the humanitarian response has scaled up dramatically since 2014, massive needs persist. In addition to the substantial human cost of the conflict, Nigerian officials estimate economic losses to be upwards of $9 billion,( Neil Munshi, 2018) while the World Bank estimates infrastructure damage alone at over $9 billion and the economic loss of productivity at over $8 billion. (International Bank for Reconstruction and Development 2015) The northern states represent a significant percentage of the electorate, which begs the question as to why the Nigerian government response has been so poor. The humanitarian response suffers from an extreme denial of access to the region, imposed both by nonstate armed groups and by the Nigerian government itself. This denial of access results from a breakdown in relations between the government and international non-governmental organizations (NGOs) and United Nations (UN) agencies. At the root of this is Nigeria’s strategy for the northeast: the denial of resources to civilians outside of garrison towns, the decision to cede full control of Borno state to the military, and the unwillingness or inability of the Nigerian government to engage appropriately with humanitarian actors. Lack of trust and competing agendas between the government and humanitarian agencies has also impeded humanitarian action.

  • STATEMENT OF THE PROBLEM

There is a lack of domestic and international political pressure on the government of Nigeria to develop a more comprehensive response for the humanitarian needs. The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction, the internal displacement of more than two million persons, and the external displacement of somewhat more than an estimated 300,000 Nigerian refugees to neighboring countries as of December 14. Significant human rights abuses and violation included: unlawful and arbitrary killings by both government and nonstate actors; forced disappearances by the government, terrorists, and criminal groups; torture and cases of cruel, inhuman, or degrading treatment or punishment by the government and terrorist groups; harsh and life-threatening prison conditions; arbitrary detention by government and nonstate actors; political prisoners; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; The government of Nigeria has effectively siloed the situation in the northeast, particularly through inhibiting the Nigerian media from reporting accurately on humanitarian issues and human right violation. Internationally, competing interests by states and by agencies within the UN system have subsumed humanitarian imperatives to development and economic considerations.

  • OBJECTIVE OF THE STUDY

The study has one main objective which is sub-divided into specific and general objective; the general objective is to examine the human right violation in Nigeria and the killing of aid workers. The specific objectives are:

  1. To examine the effect of human right violation on the economic development of Nigeria
  2. To ascertain if there is any significant relationship human right violation and the killing of aid workers in Nigeria
  • To examine the role of government in ameliorating the rate of human right violation in Nigeria
  1. To explore the effect of poor security architecture on the excessive killing of aid workers in Northern Nigeria
    • RESEARCH QUESTIONS

The following research questions were formulated by the researcher to aid the completion of the study;

  1. Does human right violation have any effect on the economic development of Nigeria?
  2. Is there any significant relationship human right violation and the killing of aid workers in Nigeria?
  • Does government play any role in ameliorating the rate of human right violation in Nigeria?
  1. Does poor security architecture have any effect on the excessive killing of aid workers in Northern Nigeria?
    • RESEARCH HYPOTHESES

The following research hypotheses were formulated by the researcher to aid the completion of the study;

H0: There is no significant relationship human right violation and the killing of aid workers in Nigeria

H1: There is a significant relationship human right violation and the killing of aid workers in Nigeria

H0: Poor security architecture does not have any effect on the excessive killing of aid workers in Northern Nigeria

H2: Poor security architecture does have an effect on the excessive killing of aid workers in Northern Nigeria

  • SIGNIFICANCE OF THE STUDY

It is believed that at the completion of the study, the findings will be of great importance to the management of Nigeria security apparatus as the study will aid them in policy formulation to improve the welfare and security of aid workers, the study will also be of great benefit to the civil society organization and human right activist on the fight against excessive human right violation in Nigeria. The study will also be of great importance to researcher who intend to embark on a study in a similar topic as the findings of the study will serve as a reference point to further study. Finally, the study will be of importance to students, teachers, academia’s, and the general public as the findings of the study will contribute to the pool of existing literature on the subject matter and also contribute to knowledge.

  • SCOPE AND LIMITATION OF THE STUDY

The scope of the study covers human right violation in Nigeria and the killing of aid workers in Nigeria. But in the course of the study, there are some factors that limit the scope of the study;

AVAILABILITY OF RESEARCH MATERIAL: The research material available to the researcher is insufficient, thereby limiting the study

TIME: The time frame allocated to the study does not enhance wider coverage as the researcher has to combine other academic activities and examinations with the study.

FINANCE: The finance available for the research work does not allow for wider coverage as resources are very limited as the researcher has other academic bills to cover.

1.8 OPERATIONAL DEFINITION OF TERMS

Human right

Human rights are moral principles or norms for certain standards of human behaviour and are regularly protected in municipal and international law.

Human right violation

The police regularly commit human rights violations, including unlawful killings, torture and other ill-treatment, and enforced disappearances. Violence against women is widespread and the government fails to protect the rights of children

Aid workers

Aid workers help people in developing countries or conflict zones by providing support, food, resources and infrastructure to people in need. You may provide direct support by helping hand out food and medical parcels or you may work in a development role, working in the health or education sectors

1.9 ORGANIZATION OF THE STUDY

This research work is organized in five chapters, for easy understanding, as follows

Chapter one is concern with the introduction, which consist of the (overview, of the study), statement of problem, objectives of the study, research question, significance or the study, research methodology, definition of terms and historical background of the study. Chapter two highlight the theoretical framework on which the study its based, thus the review of related literature. Chapter three deals on the research design and methodology adopted in the study. Chapter four concentrate on the data collection and analysis and presentation of finding.  Chapter five gives summary, conclusion, and recommendations made of the study.

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Author: SPROJECT NG