Human Development And Rights In Africa: A Study Of Nigeria

The Relationship Between Globalization and Human Development

Discuss about the Human Development and Rights In Africa.

In the words of Nelson Mandela, globalization is understood as new means through which the powerful and the rich people have empowered and enriched themselves at the expense of the weaker and poorer sections, which have necessitated protests for global freedom. At the same time, globalization has unfastened excellent opportunities for the human beings across the globe to share with each the technological and scientific advancements that are rapidly taking place, equally. The non-prevalence of the sharing nature might pose a threat to human freedom in the long run. The apparent economic development discrepancies between the nations within a global world have resulted in serious socio-economic outcomes that have affected the global notions of fairness, equality and equity, which are fundamental to both human rights and development. This research study will aim to discuss about the human rights to development in Africa, in particular, Nigeria. The situation in Africa is worrying due to the issues pertaining to malnutrition, poverty, hunger prevailing in the nation. It is under this circumstance, that the right to development was envisaged. The right to development shall seek to ensure development of human rights for all. The rights to development is supported at African regional and international levels and such efforts include Sustainable Development Goals, the New Partnership for Africa’s Development and Millennium Development goals amongst other relevant goals (Holden, Linnerud and Banister 2017).

Thus, the research paper will purport to evaluate the aspect of human rights in the light of sustainable development. It will also aim at discussing how the right to development shall seek to unify development and human rights together to ensure it encourages participation by and contribution of all the individuals in the development. The paper shall elaborate the various benefits that arises from the right to development, specifically emphasizing on special group or countries like Nigeria, in this case. Further, the thesis paper shall entail a discussion on the enforceability of the right to development and its significance in the Nigerian legal structure. Lastly, the thesis paper shall examine the status of the right to development under the Nigerian constitution as specific responsibilities and as a human right. This part of the discussion shall also entail the various challenges that arise with respect to the accomplishment of such right to sustainable growth and the reasonable measures that could be undertaken to ensure the implementation smoothly.

The Right to Development as a Means to Secure Human Rights for All

The United Nations have recently adopted the Sustainable Development Goals as development agenda in a proposition, which aims at establishing a more responsible and humane world order. In this context, amongst several other international interventions that aims at promoting development and the dignity of human beings, sustainable development and human rights have emerged as the two most crucial  concepts that are fundamental to equitable and genuine global restructuring or structuring (Naeem et al 2016). The apparent inequity and imbalance in the worldwide economic system within the arena of international economic development can be perceived within the Australian continent, in particular. Such inequality or imbalances can be traced back to decolonization period of the least developed nations. Several African countries have been deprived from the economic development and as such, they are entangled in the boundless economic predicament with its adverse consequence impacting upon the individual dignity and worth with respect to the over burdening majority of the African population. Consequently, the population is affected by pauperization, poverty, disease, mortality, malnutrition and hunger, which is commonly prevalent almost in every African nation.

In the context of global community, the notion of the right to development has given rise to several tendentious and heated debates that has resulted in division of the world based on the economic and political interests. Apart from integration of human rights and the development theory, the concept must also include participatory development processes, human-centered development policy, equity and social justice (Goodhart 2016). Majority of the African nations have expressed their readiness to obligate the right to development and such willingness is evident from the declaration of the right as people’s rights in the African Charter on Human and People’s Rights [ACHPR] along with its simultaneous incessant obligation to development at the national, provincial and sub-regional levels.

The thesis concentrates one of the African countries, Nigeria, that is affected with such imbalance and equity resulting in deprivation of human rights and sustainable development. Nigeria is a country that has both individual and natural resources in abundance, making it a nation that has significant potentials to achieve sustainable development. Nevertheless, the country has been far away from such development and instead is characterized with inequality, wretchedness, poverty, malnutrition and deaths. The only factor that has been attained by the country is underdevelopment and dependency.

Additionally, other issues like lack of political will and bad governance has hindered the country from follow a development path that adds to the development. In other words, the global economic superstructures combined with intentional negligence, destruction and inefficiency of the government can be said to have significantly attributed to the decline in the development level of the African countries like Nigeria. In this contemporary era, the right to development is striving to strengthen its position at domestic, national and international levels, thus, making it more essential to integrate human rights and sustainable development (Pogge and Sengupta 2016).  

The Sustainable Development Goals and the New Partnership for Africa’s Development

The thesis statement of the dissertation is that for Federal Republic of Nigeria, attainment of development is perceived as one of the ultimate purpose of the state as per the constitution of the country,. However, despite the constitutional objective, approval and domestication of the essential global human rights instruments like the ACPHR, the concept of development is not deemed as human rights, at least in the functional terms. Further, given the abundance of natural and human resources prevalent in the country, it is still unclear and incomprehensible why the nation is far away from the attainment of development regardless of several developmental initiatives undertaken by the state.

The purpose of the thesis is to discuss about the continuing debates with respect to the development issues arising in developing nations like those that Nigeria based on the rights to development approach (Dibie 2018). The right to development is deemed as all-encompassing human rights, which endows with a chance for development to be applied from the perspective of human rights. In the context of the prevailing legal framework, the right to development has twofold purpose in that it will adjudicate as well as implement the human rights and development.

Further, the rights to sustainable development shall ensure to safeguard group, minorities and individuals from the negative responses of the governments. In the general context, it is well known that right to development seeks to ensure responsibility and good authority; ensuring governments are more accountable and responsive to its nationals. Consequently, such successful implementation of the rights to development shall ensure interdependence, universality and interconnection between the human rights. Thus, the research paper aims at making a successful contribution to policy execution and formulation within the arena of human rights and development in Nigeria (Arts 2017). Moreover, more chances of accountability shall be available for the recipient of the right to development, as not only the state but also every juridical person shall be obligated to ensure the right to development. Therefore, it can be said that if the right to development was implemented effectively, any direct or indirect violation of human rights committed by state or non-state actors shall be prevented and individuals likely to be affected from such violations shall be safeguarded against the same. Nevertheless, the right to development shall enable its recipients to add to and become a part of the development that the nation is likely to achieve.

• to scrutinize the role of right to sustainable development as a tool for human development in Africa, especially Nigeria;
• to assess the human rights in the context of regional, domestic and international legal perspectives;
• to analyze whether the right to developmentcan be employed to ensure development based on human rights in Nigeria;
• to determine the status of law in the implementation and formulation of the rights to development;
• to examine the possible challenges in implementing human rights for ensuring sustainable development in Nigeria;

1. What is the significance of the role of right to sustainable development in ensuring human development in Africa, especially Nigeria?
2. What are the existing human rights in the context of regional, domestic and international legal perspectives?

• How the right to development can be employed to ensure development based on human rights in Nigeria?

1. What is the status of law in the implementation and formulation of the rights to development?
2. What are the possible challenges in implementing human rights for ensuring sustainable development in Nigeria?

Human rights

The Benefits of the Right to Development to Special Groups Like Nigeria

The right to development is an emerging concept that is based on two implicit interrelated concepts of rights and developments which symbolizes the prolong struggle of Africa for fairness and equity in the global social, political and economic backdrop. Therefore, there has been an urge to integrate the notion of human development and rights together which will further result in a addressing innumerable issues associated with related to underdevelopment. Hence, it can be said that human dignity has become a fundamental tool, which is used to achieve justice, freedom, and equality that forms the essential principles of humanity (Smith 2018).

The theories associated with human rights include theories proposed by the natural law theorists and legal positivists. The legal positivists consider human rights as an outcome of law, which is duly enacted by an authority as empowered by law. Such authority shall command people to obey, failing which, will be subjected to penalty (Ewetan and Ese 2014). The legal positivist do not related the concept of human rights with any religious or moral influence. On the other hand, the naturalists are of the opinion that human rights are inherent rights connected to human beings. They believe that the human rights concept is inalienable, fundamental, unalterable, eternal and universal truths that cannot denied to human beings. This view is the most common concept of human rights that has received universal recognition through the international human rights instruments.

In the context of understanding the meaning of human rights, courts have also attempted to interpret human rights apart from the various scholars and theorists. In Ransom Kuti v AG of Nigeria [1985] NWLR (part 6) 211, the Nigerian Supreme Court described human rights as rights that holds a position above the common laws of the land  and  the existence of human rights can be related to the political society itself. Further, the court held that human rights are prerequisite to the existence of any civilized society. 

Sustainable Development

The concept of sustainable development refers to, on one hand, the maintaining of a delicate balance between human need to lead a better lifestyle and the feeling of well-being and on the other hand, the conserving the natural ecosystems and resources that is relied upon by the future generations. In other words, sustainable development means a development that fulfils the need of the current generation without negotiating with the needs of the future generations. It indicates economic growth along with the protection environmental quality where each of these elements reinforces each other (Donnelly and Whelan 2018). The significance of this sustainable development concept lies in a stable relationship that exists between natural world and human activities that does not impede the growth and success of future generations to enjoy quality life or fulfill needs of the present generations. The concept of sustainable development law can be said to pursue the path to sustainable peace.

The Enforceability of the Right to Development in the Nigerian Legal Structure

As social science can be seen to be rapidly progressing and rapidly moving towards social transformations which signifies that this concept of development is moving towards a new path towards peace and justice which is evident from its description. The legal concept of sustainable development includes number of norms and rights that are portrayed in the international treaties, negotiations. Further, the shift in the international legal framework has permitted a multiplicity of actors including non-state and state actors to generate and take part in the sustainable development discussion regarding its incorporation into domestic and international legal systems. It is understandable that the sustainable development law and peace are interdependent similar to the interdependency of the environmental conservation, peace and development and respect for fundamental freedoms and human rights upon each other. 

Although the scope of the paper does not include explanation for each of these factors, but if it is understood how the functions of all the factors are interrelated, it shall be easy to comprehend their role in peace building. This can be further illustrated using an example of a document which if it is a regional document it would be fair provide it includes a provision stating “ development for individuals and states does not merely imply economic development. It shall mean the realization of complete potential of the human person. As per Article 7(2) of the Asian Human Rights Charter, every human person is entitled to practice their rights to freedom of expression and cultivation of their culture as well their spiritual capacities along with other developmental elements (Forsythe 2017).

The essential and primary cause for the issues that are being faced by the human individuals in the modern era arises from the social transformation factors and economic development such as conservations issues, civil rights, human rights and environmental protection. The lack of understanding of the interdependent nature of sustainable development makes the concept of sustainable incomplete. The concept of sustainable development can neither be neglected nor excluded by the human beings. Further, sustainable environment protection cannot be treated separately without integration of social and economic issues, which are interdependent upon one another, and their existence forms an essential part of sustainable development (Ewetan and Ese 2014).

The concept of development has different interpretations to different people. The social, political, economic, religious and cultural factors give distinct interpretations of the concept of development. In case of Africa, the concept of development may signify several things, which includes special social changes that reflect the emerging religious and customary values and norms prevailing in the society. On the contrary, such concepts cannot form the basis to interpret the concept of development; instead, they shall construe development from the perspective of economic growth of the nation as well as of its gross domestic product (GDP). 

The Right to Development’s Significance as a Human Right Under the Nigerian Constitution

Relationship between Development and Human rights

It is obvious that irrespective of a designed and conceptualized, no development can take place without undergoing certain forms of legal provisions (Shelton 2015). Initially, human rights did not function within the backdrop of progress practice until the enforcement of the Vienna Declaration, which identified the significance of the right to development and compared it with other human rights instruments that have been identified in the context of international law. Consequently, several significant international institutions like European Union (EU), World Bank and the UNDP amongst others have been established that included human rights as part of the developmental directives. These major instruments have also stipulated the importance of integration between law and development. As per Article [1] of the UNDRD, development is described as a human right. Further, as per Article [10] of the Vienna Declaration states that the definition of development stipulated under Article [1] of the UNDRD is an inalienable and universal right that is essential to fundamental human rights.

Concept of the rights to development 

The rights to development are one of the most widespread concepts in modern human rights context. This right symbolizes a fundamental right that provides the base for the understanding of other rights. The definition of sustainable development set out in the UDRD gives rise to three elements participation, enjoyment and contribution. The states are responsible to ensure that the conditions crucial for the satisfaction of the right to development must be recognized as both a collective and an individual right. However, globalization often becomes a significant impediment to internal development as it restricts the countries that are entitled to develop at their pace, by setting a mark to demonstrate the extent to which the country shall achieve its internal development. 

Tomuschat (2014) adds that the right to development has various valuable aspects like introduction if international co-operation paradigm into the state, given that the state rarely implement its prevailing human rights within their jurisdiction. In Shelton [1985] Cal W Int’l 524-527, right to development is perceived as the amalgamation of existing human rights that reintegrates economic, civil, social, cultural and political group of rights. Another valuable aspect of the right to development is that it encompasses a more broad-based legal obligation of States and the duties analogous to the right to development have an international component but is exclusively domestic in nature.

In regards to Africa, the concept of right to development is strongly related to the concept of right to self-determination as set out under Article [20] of the ACHPR. This is based on the same philosophical concept that gave rise to the right to development, which is to assure that every people including the oppressed people take part willfully, in the determination of his or her social, cultural, political and economic development (Howard-Hassmann 2018).

The Nigeria human rights systems demonstrate the wider African system that is distinctively exemplified by experiences of the Africa over several centuries. In fact, both the general Nigerian ad African human rights instruments were significantly filled with some conventional African gradations, which can be perceived as a reflection of a cultural mix that can be traced back in history. Nigeria also shares same similarities range from culture, geography and race to common regal history along with the social and economic challenges particularly those that hinders smooth implementation of human rights and development in the country. 

As mentioned earlier, the right to development is essentially an worldwide obligation that is required to be implemented by states collectively and individually (Inman and Smis 2017). This establishes that the domestic legal system must verify the extent, nature and method of its application, thus, questioning the interrelationship between domestic and international law. As Nigeria is a dualist state, it has domesticated the ACHPR, which sets out the fundamental aspects of the right to development. The domestication of the ACPHR has given rise to a conflict between international human rights requirement of the country as stipulated in the ACPHR on one hand and on the other hand, implementation of these obligations within the legal context of the country. The separation between political and civil rights including the social, cultural and fiscal rights within the Nigerian Constitution has made it possible to achieve the latter rights along with other political and non-civil rights without strengthening the constitution (Clapham 2015).

As mentioned earlier, that the right to development is part of a broader international and regional human rights obligation. This obligation is also applicable to Nigeria and failure to comply with this obligation shall amount to an infringement of international commitments along with a violation of its domestic laws as well.  Kennedy, Welch and Monshipouri (2017) argue that there are four essential factors promotes the obligations of Nigeria in the context of domestic and international law. Firstly, the Nigerian legal system is amenable in nature, in the sense that it developed over the years significantly through the lawful transformation, which signifies that there is a scope for development in the legal framework with the changing needs of the society

Secondly, Clapham (2015) states that the legal system of Nigeria is self-motivated to the extent that it is developed within the flexible legal culture that permits diverse procedures to be used to ensure legal development like judicial creativity and discretion as factors that secures sustainability. This self-motivated nature of the legal system, if considered in the context of the reception of laws, it can be argued that it is advantageous to ensure progress in the right to development. Thirdly, Nigeria has been facing economic underdevelopment due to major and systematic corruption that has been prevalent in the country must be addressed to overcome such impediments. Fourthly, international human rights law is concurrent with the gradual “internationalization” of domestic laws significantly, through the power of globalization and the necessity to safeguard “human dignity” which forms a basis for the right that is subjected to review. 

Nigerian Legal system

The legal framework of Nigeria is an accumulation of the Islamic, indigenous and British cultural systems that are operating together with conflicts arising between such laws. Nigerian Constitution is the supreme law of the land that designs the entire structure of the legal system as observed in Momoh v Fashe [2007] 42 WRN 131 at 144. The constitution of the country subjects every legal institution or authority to the fundamental test of constitutionality as was observed in Lakanmi v AG Western Nigeria [1971] 1 UILR 201 SC. The country has been operating under the Presidential Federal Constitution that was formed on the concept of checks and balances, separation of powers and judicial review to prevent issues related to arbitrariness, guaranteeing fundamental freedoms and individual rights along with abuse of powers. This establishes that every human right including the right to development must obtain its legal basis and existence from the Constitution of the country either directly or indirectly. 

The Nigerian Constitution stipulates its fundamental principles are based on the concept of promoting good government and well-being of the people of the country on the doctrine of justice, freedom and equality. The Constitution is said to be formed with the sole objective to strengthen the unity of Nigerian people. The basic sources of Nigerian laws include English Law, which entails the Common Law of England, doctrines of statutes and equity, Nigerian legislation, judicial precedents along with the customary law that comprises the Islamic law. The sources of the Nigerian law that is essential in order to achieve the right to development may be categorized into three parts. Firstly, the sources include statutory laws; secondly, it includes external laws and lastly, it consists of the indigenous laws. The statutory laws refer to all the regulations in the country, which were promulgated by a constituted legal authority, which also includes the Constitution, laws and acts of the legislative assemblies along with the regulations and policies. The domestic indigenous laws refer to the indigenous laws that are applicable in their regular activities regardless of such laws being religious or customary. External laws refer to all the foreign laws that are applicable within the Nigerian legal system, which also includes the common law principles and international treaties that have not been incorporated in the national legal system of the country (Ssenyonjo 2017).

The incorporation of the doctrine of separation of powers and checks and balances in Nigeria portrays the diversity of the country. The Constitution of the country ensures that a federal character principle must be taken into consideration and implemented in all the activities carried out within the nation (Saul, Kinley and Mowbray 2014). This further implies that the Constitution has prohibited any group to dominate the economic, social, political or legal space within the country under section [14(2)] of the Constitution, thus, ensuring compete participation of the population. Further as was ruled in AG Abia State & Ors v AG Federation [2003] LPELR-610 (SC), the incorporation of the separation of powers doctrine along with the principle of checks and balances have empowered as well as imposed an obligation upon the Constitution. It was imposed to embed the constitutionalism spirit, good governance and rule of law to secure the development of the nation and its nationals as was held in Ahmad v Sokoto State House of Assembly &Anor [2002] LPELR -10996 (CA).

Relationship etween international law and domestic law of Nigeria

In order to determine how the Nigerian legal framework has been successful in realizing the right to development, it is important to understand the relationship between international aw and domestic law of Nigeria. Further, it understand the relationship, it is further important to affirm if the Nigerian legal system has identified the right to sustainable development as a fundamental aspect of International human rights. Under section 12 of the constitution, the provision sets out the means through which International law may become applicable in Nigeria. According to May (2015), the integration of international and national law may give rise to new ways of construing and comprehending human rights, thus, supporting transformative settlement.

Internal obligations of Nigeria

In order to achieve the right to development, it depends on the commitment of the state to provide for the particular right to development on eon e hand, and on the other, endow the people with an permissible environment for the enjoyment of all forms of human rights within the nation. Schmid (2015) describes the broad perspective of the right to development, which includes all types of human rights that have received international recognition such as the economic, cultural, political, civil and social rights. Further, Schiller (2017) argues that achievement of these rights implies fulfillment of the internal dimension of the right to development in an effective manner. Thus, internationally, Nigeria is accountable to undertake reasonable steps to ensure compliance with the international obligations with respect to the right to development. On one hand, this can be achieved by assuring political and civil rights, which will provide an environment that further ensures implementation of other rights. On the other hand, the state may ensure equal opportunity to every person regarding his or her accessibility to education, health, food, employment, housing and equal as well as fair distribution of income.

Comolli (2015) argues that a state cannot use underdevelopment as a defense against infringement of human rights, corruption, bad governance and structural poverty, instead must strive to achieve the right to sustainable development by complying with its internal obligations. The compliance with the internal obligations will automatically amounts to compliance with the international obligations that are imposed upon the state. Agbiboa (2014) agrees and states that the realization of the right to development would imply progress towards implementation of at least some rights instead of violation of the rights. This can be perceived as a broad responsibility that might steer the entire system of human and legal rights. The right to sustainable development is a part of human rights, which implies that it imposes an obligation upon the states to comply with it and ensure its fulfillment.

Challenges of Human Rights Abuses in Nigerian Democratic Governance

The Universal Declaration of Human Rights [UDHR] was universally adopted and since its declaration, it has become for a common trend for countries to incorporate certain provisions of the UDHR into their national constitutions and Nigeria is not an exception. Unfortunately, in Nigeria and in Africa as a whole, people are often subjected to mental and physical torture. For instance, domestic violence, kidnappings, police brutality and detention without trial are few common incidents. The Nigerian experience exemplifies the level of disrespect and security risk that is prevalent within the territory that not only undermines the dignity of the people but affects the integrity of the Nigerians as well (Elaigwu 2017).

Despite the ratification of the UDHR, Nigerians are frequently subjected to human rights violations solely on the ground that the state is predominantly authoritarian in its security and leadership operations in contrary to the democratic culture. Nigeria is amongst the African nations, where violation of human rights is recorded regularly and in all forms of human actions.  As it is a well-known fact that the African Charter has incorporated provisions that entitles its nationals to the political and civil rights; socio-economic and cultural rights that reflects the provisions stipulated in the UDHR and the International Covenant on Civil and Political Rights [ICCPR].

The civil and political rights incorporated in the Charter ensures equality before law under article [3], right to life under article [4] and the right to human dignity under article [5] which is also said to be an inherent right. Cohen (2016) states that the political rights have been infringed through undemocratic imposition, intimidating candidates with the fear of assassination. The infringement of political, moral and civil rights include the abuse of right to life, Right to freedom of movement, right to freedom of assembly and the violation of the right to freedom of religion.

Violation of Right to life – The violation of this right takes place in the form of extra-judicial killings and torture that are mostly committed by the security operatives of the government. As per reports, annihilation of almost 20,000 people along with displacement of approximately 50,000 people took place consequently to the brutal handling of Niger-Delta crises by the Joint Military Task Force (JTF). Further, similar instances were reported in 2008, in the Ogaminana outskirt of Okene in Kogi state, where the Nigerian police caused death of approximately 50 persons. 

Brutal killing was committed in Bauchi, Maiduguri and Damaturu as a response to the “Boko haram” (western education is a sin) campaign attack against the civilians. In addition, recent reports associated with boko haram activities states that the Nigerian civilians are paying significant prices with an incline in the human rights violations and punishment within the nation.  As per the 2014 Amnesty International Report, there have been an incline in the death rate in the name of attacks on civilian, extra-judicial executions and other related crimes committed on large scale. Odukoya et al., (2015) argues that though the Boko Haram attacks are shocking, but the responses to such attacks by the Nigerian police is equally shocking as such responses are amounting to brutal results. Such brutal responses are a serious violation of human rights that necessitates immediate investigations and prosecution.

Violation of Right to Freedom of Movement 

The violation of human rights to Freedom of religion took place in the form of disappearance and kidnapping in Nigeria. The reports of brutal kidnapping taking place in the Niger-Delta between 2006 and 2009 is a evidence of the domestic terrorism that is prevalent in the Nigerian region which has hindered the right of the persons to move freely within the country (Aghedo and Osumah 2015).

Violation of the Right to Freedom of Religion

The Nigerian Constitution includes provision of secularity, which implies that every religion practiced and preached within Nigeria must be conducted in a harmonious manner. Zenn (2014) argue that the continuous human right abuse that takes place within clerical fundamentals is contrary to the secularity provision in Nigeria. Marcus (2015) further points out the innumerous clash that often occurs between the Muslim and Christian followers like those incidents, which took place between 2001 and 2008. The incidents that signify inconsistency with the right to freedom of religion can be traced back to the frequent clashes that took place during 1980 and 2007 in Abeokuta South Local Government in the Ogun State of Nigeria.

Abuse of Right to Freedom of Assembly

According to Elaigwu (2017), the Nigerian government is well known for opposing any anti-government protests and demonstration.  However, Cohen (2016) argues that the government officials goes a step further to protest against any anti-governmental campaigns and brutally slaughter the activists involved in such protests. This is evident from the incident that took place in 2009 in Okeagbe in Ondo state where some youths were allegedly killed for exhibiting protests against the local police extortion.

Further, similar political killing instances were reported in 2012, in the Alausa police station, where the police disrupted a political memorial procession for the martyrs on increase in the fuel price and was highly criticized for their conduct (Wilson 2016). The police used 20 tear gas canisters to dissolve the protestors and even some of the leaders were beaten up and detained in the police station. Furthermore, in 2013, during the Anambra state governorship election where the Nigerian police detained almost 182 election observers. In addition, there are frequent reports about the maintenance of thugs by some politicians who causes violence against their opponents. () argues that it is disappointing that despite the legal obligation imposed upon the state to entitle every Nigerians with the civil and political rights, the Nigerian government has continuously failed to address the challenges that are associated with the rights which impedes its full and effective implementation within the nation. The failure of the Nigerian government to address these issues has led to the incline in the human rights abuses without any improvement in the sanctions to deter any further occurrence of human right violations.

This does not conclude here, there have been incline in the violation of the other set of rights which includes the socio-economic and cultural rights (second generation rights) that the state is obligated to ensure that individuals enjoy such rights 

The entitlements that are conferred upon its citizens under the second-generation rights is also subjected to several violations.

Violation of Rights to Education

The Nigerians are entitled to have equal opportunity and accessibility to education as it is the most effective means to achieve right to sustainable development in the country. However, Beckman and Jega (2016) argues that this right is subjected to violation owing to the growing bribery, corruption and nepotism in place that acts as impediments to the education system of the country. Stremlau (2015) further points out that the inaccessibility to and the denial of equal opportunity to education is evident from the fact that several Nigerian University councils do not provide equal admission opportunities to every Nigerians while some of the Nigerian universities are said to have less education privileges.

Nwufo and Otor (2017) asserts that the Directive Principles of State Policy and Fundamental Objectives incorporate provisions  which entitles Nigerian children to free education, however, in reality, the children are required to pay fees even in Federal schools that are under statutory obligation to comply with such provision. Further, there have been reports that allege a rise in the number of children who have been denied of attending school. Nevertheless, Eli (2017) contradicts and states that the number of children that have been denied education and schools have decreased since 2011. Nonetheless, Okunloye (2018) points out that though the number has decreased to an extent, but is not more than the number of children who are still deprived of educational rights and are not endowed with an equal opportunity to take admission in schools or colleges.

Abuse of Right to Standard of Living

It is disappointing that the violation of right to standard of living takes place in the form of corruption with respect to the public services. Corruption has deeply affected the framework of Nigerian society. It amounts to abuse of rights of citizens to have corrupted leaders in place within the public service sectors.

 In a country, where almost 70 percent of the population lives below 1 dollar per day, the populace is denied accessibility to cheaper availability of fuel products. In addition, fuel-subsidy scandal leads to over-invoicing of imported petroleum product. Quadri (2015) state that such a situation signifies a clear violation of the rights of the Nigerian people to an improved standard of living.

Apart from the civil, political, socio-economic and cultural rights, the Nigerian people are entitled to certain community rights as well which are termed as the Third generation rights. These rights include violation of right to healthy and clean environment. There are certain parts in Nigeria that have been deprived of the right to clean, safe and healthy environment such as Niger-Delta region where conflict arose in the context of environment Ken Saro Wiwa along with other environment activists were hanged on extra-judicial grounds. Onuegbulam (2015) further points out that Nigerian woman are subjected to sexual and physical abuse, which amounts to violation of their right to live in safe environment. Majority of the Nigerian children are observed as beggars who are not only deprived of their human rights but are also subjected to exploitation and other vulnerabilities.

There have been reports on violation of the Prisoner’s/ prison rights in Nigeria as well where the prisoners are rarely subjected to reformation after they finish their prison terms which gives rise to recidivism. Further, due to an overwhelming number of prisoners in the prison who are awaiting trials, it reflects the lack of infrastructure of the prison.  In addition, it amounts to violation of the human rights of the prison inmates. This is evident from the shortage of vehicles to convey the prisons to the court. The prison also lacks adequate medical facilities in the event any inmates fall sick and requires medical attention.

The women in Nigeria are undoubtedly entitled to the right to a sustainable and healthy environment that is favorable to their well-being, health and ensures full development of their human personality. Under Article [24] of the African Charter on Human and Peoples Rights, citizens are entitled to rights to an acceptable environment that is positive to their development. The African Charter has been incorporated into the Nigerian municipal law in the form of African Charter on Human and People Rights. This implies that it enables the Nigerian women to go to Court and enforce the statutory provisions. Shestack (2017) argues that the question that arises here is whether the environment prevalent in Nigeria is favorable for women to fully develop their human personality (Shestack 2017).

In the year 2002, on 9 July, hundreds of women gushed inside an oil plant in Escarvos Island of the southern coast of Nigeria that belonged to the big oil company Chevron Texaco. On 17 July, another distinct group of women occupied the oil facilities that are located in the coastal Delta State, which also belonged to the Chevron Texaco Company. As per reports, the women were alleged to have been occupying the factories to bring notice to the Nigerian government regarding the widespread poverty in the villages and towns where such oil companies carry out its functions. The underlying principle is that despite giant multinational oil companies operating within Nigeria and with availability of significant amount of oil wealth, the Delta as well as some other parts of Nigeria remains very poor. The struggle of women in Nigeria can be traced back to the Aba Women’s Riot in the Eastern Region of Nigeria when women who were recognized as leaders of such protests and movements were arrested and detained with almost 55 women were killed. Jones (2017) hopes that the struggle being carried out by the Nigerians against the negative impact of the existing environmental factors shall cease as the right of women to safe and healthy environment and sustainable development is universally recognized.

However, the rights have been recognized as with the incline in the issues related to disposal of hazardous and toxic substances and the practice of dumping in the third world nations like Nigeria causing health risks to Nigerian women led to international action,  which ultimately resulted in enactment of several Conventions. In 1968, the African unity organization adopted the Bamko Convention Treaty, which banned import and exercised control of Trans-boundary management and movement of hazardous waste into Africa by non-parties. The Treaty also prohibited the dumping of wastes into the sea (Hathaway 2017).

Having discussed the character of the right to sustainable development, the several forms of challenges that are being faced by Nigeria with respect to execution of the right to development. The most drastic consequences of human rights abuse is the causation of poverty, which arose due to the manipulation, and significant abuse of public fund. This has resulted in the causation of high unemployment rate that has led the youths to commit crimes like armed robbery, kidnapping, cybercrimes, theft etc in order to make a living for survival. Thereafter, the violation of human rights and using corruption, bad governance and structural poverty as defense is a significant impediment to the realization of national development (Kreutz 2015). The increasing rate of crimes in addition to ineffectiveness in the government responses to deter such crimes altogether, poses a threat to the safety of the country and its nationals. The other significant reason that causes high insecurity rate is the state of anarchy, which had arisen due to the deficiency in safeguarding the properties and lives as observed with respect to conflicts in the Niger Delta region and religious violence.

The poor health care facilities and diseases prevailing within the region is an outcome of the nonchalant attitude of the government towards the well-being of the citizens. Human right abuse makes people unpatriotic, as majority of the Nigerians are not very pompous about the prevailing condition of the country, especially, the lack of effective measures to deter the violation of human rights and failure to realize the sustainable development (Kamga 2018).

The Nigerian Government is aware of all the means that are essential to ensure human rights of Nigerian people are not violated and achieve the right to development as the same is supported by the legal framework of the country. The Nigerian government must be accountable to achieve such right to development using the various legislative methods (Lewis 2018). However, the challenges faced are wide-ranging as well as complicated including issues related to policy inconsistencies, governance issues like optimum utilization of available resources, application and distribution of such resources, deficiency in legal framework, ineffective government officials along with duplications in policy and legal framework.

In the general context, it can be stated that the Nigerian political structure is an obstruction to national development as it generates room for injustice, irregularity, and inefficacy. The Nigerians are themselves not satisfied with the structure as it fails to address the challenges that are still prevalent within the country (Kalu 2017). One of the adverse consequences of political structure is that it had given rise to other significant social challenges. One such hindrance to the achievement of the right to national development is mutual distrust, which usually exists amongst the Nigerians. Further, ethnic and religious clashes as well as civil unrest that is highly prevalent within the nation is an outcome of quest or economic opportunity and political power. Despite all the domestic legislations as well as the international legislation in place which guarantees human rights to the people, the government is unable to overcome the challenges causing violation of human rights.

Research methodology refers to the methodical procedure, which assist the researcher to opt for the most suited approach for conducting their research. The appropriate methodical approach must be selected based on the research question and objectives mentioned in the assignment. Research methodology is fundamental to complete a research paper as it takes into account all the methods that would be most suited to conduct the concerned research. The choice of research methodology is an important factor that enables the researcher to complete the research effectively and successfully. The aim of the research methodology is to explore, relate and predict the experience of the concerned research.

This research paper entails the human rights aspect and right to sustainable development in Africa with particular emphasis on Nigeria. The paper discusses about the interrelationship between law and development, which forms the basis to realize the right to development and the challenges that Nigerians face in order to ensure effective implementation of the human rights, thus, realization of the right to development (Ewetan and Ese 2014). Therefore, the most appropriate methodology that the researcher has chosen to conduct this research is the qualitative research methodology, which is achieved using the secondary data sources. The secondary data resources include journals, reviews, articles, newspaper articles and magazines, case legislations etc. This research methodology has been used as it provided assistance to the researcher to obtain relevant information necessary for this research without going through any hassle to receive data relevant to the topic. The information obtained using secondary data resources or the qualitative research methodology was appropriate to conduct this relevant research as it ensures certainty and authenticity, given that the research has been used or conducted by other researchers as well.

Although the African Charter incorporated human rights provisions that had been set out in the UDHR and ICCPR which are further domesticated into the municipal laws of Nigeria, but there are myriad of challenges that has made its difficult for the government to ensure the smooth implementation of the human rights and realization of development of the country. The researcher has referred to case laws to demonstrate the incline in the human abuse in the country despite the legal system that obligates the government to comply with the human rights, is in place.

Conclusion

Africa experiences innumerable challenges one of which includes the need for ensuring human rights and sustainable development. This implies that achieving such development has become a significant concern in this modern era. This dissertation has made several attempts in proceeding with the right to development as a human right for serving the rationale of discussing the critical issue of development by combining it with the aspect of human rights. As mentioned earlier, the study aimed at explaining the position of right to development and sustainable development within the legal framework of Nigeria (Onuora-Oguno, Egbewole and Kleven 2017). Thereafter, the paper entails assessment of the role played by right to development as a means to ensure indisputable human development within the country. The sole purpose was to examine whether the right to development could be used to assure the development of the country would be based on human rights. Further, based on the hypothesis of this dissertation, it examined whether the human rights and right to sustainable development of the country are enforceable only within the African human rights system as a legal obligation or if it is equally enforceable within the legal framework of Nigeria.

Thus, the interrelated concepts of development, sustainable development and human rights were examined and it can be observed that the above mentioned concepts of development and human rights demonstrates the historical struggle for fairness and struggle in the global political and economic backdrop, which eventually led to the concept of right to development. Therefore, it is understood that the attainment of sustainable development and human rights are two essential elements that will enable the realization of the right to development. In this context, it has been argued that though the human rights are both legal and moral obligations, the concept is besieged to obtain universal acceptance. Despite the several endeavors that have been made in the form of its incorporation into the domestic laws of the African Charter, to ensure universal acceptability of the human rights, in practice, it has remained doubtful.  This is evident from the fact that human rights are being implemented with law as an essential helpful element.

Further, it can be observed from the study, that the concept of development shall be measured based on human dignity. The concept of development should be measured in terms of good change and enhancement in the capability of people as construed by UNDRD. Nevertheless, development must recognize the idiosyncrasy of the beneficiaries, which will not only make planned participatory processes but also a sustainable one. Since the realization of development requires incorporation of human rights and law into the process (Lewis 2018).

From the above discussion, it can be inferred that lack of government measures and brutal responses have led to an incline in the human rights violation rate in most parts of Africa including Nigeria. Human rights infringement is a menace to any society owing to his inhuman and unfair consequences. Under such circumstances, it is important that the Nigerian government must undertake more practical approaches to overcome corruption and for strengthening the anti-corruption institutions of the country (Ewetan and Ese 2014). This is because corruption serves to promote extremist and criminal activity by developing obstacles in undertaking economic and political endeavors. This will be advantageous for Nigeria as it will indicate that the country is committed to good governance and ensures security to the nation and its nationals. This also makes the country a significant  actor globally.

As discussed above that despite being a secular country, Nigerians experience frequent clashes between the cleric’s fundamental (conflict between Muslims and Christians). In order to prevent such situations from arising, it is important that the government alter some clauses within the Nigerian Constitution in this context. This is because it is unjust and unfair for any government that claims to be secular to place ambiguity within the constitution which otherwise assures that the states adopt any religious law. This will prevent the occurrence of any further issues pertaining to the secularity of the Nigerian Constitution, which will ensure right to freedom of religion is not violated (Onuora-Oguno,  Egbewole and Kleven 2017). In regards to cases, where political leaders or protestors are arrested and detained unlawfully or are subjected to brutal political killings amounting to an infringement of the right to freedom of assembly. Under such circumstances, it can be stated that if such leaders and protestors are sincere in their conducts, there remains no valid grounds, which requires any unlawful arrests and detention or even brutal responses in the form of political killings.

Human rights abuse has become commonly prevalent within the Nigerian region solely because the state actors, individuals and groups are complicit in this inhuman circle. The challenges that Nigeria is facing is not restricted to South or North, Muslim or Christian instead such challenges are becoming significant hindrances to the smooth implementation of the human rights and rights to development (Ewetan and Ese 2014). Democracy as recognized earlier includes compliance with the rule of law, respect for fundamental individual rights and the protection of properties and lives. In order to ensure prosperous democratic governance within Nigeria, it is important that principles of democracy must be deepened and accepted within the legal framework of the county.

Nigerian law enforcement agencies especially the Nigerian police must be provided with re-orientation as they must be trained to use force proportionate to the situation while restoring law and order instead of brutally responding to any protests and avoid political killing. The government should permit the military to focus on defending the state against any external aggression other than subduing internal unrest. Thus, it can be concluded that citizens must not only assist the government to safeguard their rights but should also be careful and responsible themselves in safeguarding other individuals at every stage on the grounds of humanity varying from the family of the individuals to globally. The citizens must not exhibit any unpatriotic attitude towards the nation simply because the government is unable to address the challenges immediately instead they should be respectful towards the rule of law and assist the law enforcement officials by co-operating with them in combating the human right related issues.

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