The Fulfillment of Key Socio-economic and Fundamental Rights in Nigeria: Akwa Ibom State as a Paragon
Keywords:
Key socio-economic, Fundamental Human Rights, Akwa Ibom StateAbstract
This article examines the fulfillment of key socio-economic and Fundamental Human Rights in Nigeria, taking Akwa Ibom State as a noble paragon. Notable among the fundamental human rights of focus are the socio-economic rights to education, health care, housing/shelter, and food/water. The article equally delves into the extent of protection and fulfillment of the rights of the most vulnerable members of society, including the aged women, and children, in accord with the dictates of international human rights law. The paper then weighs the fulfillment of the above rights in a legal balance, noting the security situation in Akwa Ibom State and the entire Niger Delta Region in the light of the provisions of international human rights documents on the rights to security and security of the human person as necessary adjunct to peace, stability, economic progress and human growth. Noting that the right to security/security of the human person cuts across the provisions of the International Covenant on Civil and Political Rights, (ICCPR) first generation of rights and second/third generation of human rights. The paper indepthly examines how a relegation to the background of the right to security of the human person can singularly render nugatory other achievements or progressive developments in terms of promotion, protection and fulfillment of other categories of rights. Despite the security challenges, which have become not just a state, or national challenge but also a global problem, the paper however scores the present administration of Akwa Ibom State (under Governor Godswill Akpabio), very highly for the visionary strides in terms of fulfillment of basic socioeconomic rights and responsiveness to the needs and rights of children, women and the elderly.
References
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.S. 26 South African Bill of Right / Constitution 1996.
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(1980) AIR (SC)
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See A Compilation of Essential Documents on the Right to Education – Economic and Social Rights Series, Vol. 2; Centre for Human Rights, Pretoria, May 2002, Pg. 1.
Ibid Pg. 1
.
Ibid Pg. 1
Chapter two of the Nigerian Constitution 1999 on Fundamental Objectives and Directive principle of State policy.
Following the incorporation of the provisions of the African
Charter on Human and Peoples’ rights as part of Nigerian Law CAP 10, 1990 Laws of the Federation of Nigeria. Now part of the 2004 Laws of the Federation of Nigeria) Articles 17 (1) of the anchor 1981 which provides for the rights to education for every child is effectively invoked and applied in Akwa Ibom State.
Art 25, UDHR 1948
Art 2 (1) ICESCR 1966
See Article of the ICESCR 1966
See Art 12 CEDAW 1979
See Art, 24 CRC 1989
See Arts 14 (1) and 14 (2)
See Article 20 of the ACRWC 1989
See Art. 11 of the ICESCR 1966
See Article 14 (1) & (2) of CEDAW 1979.
See Art 27 of the UNCRC 1989
See Arts 14 and 20 ACRWC 1989
See Art 11 of the ICESCR 1966.
See Art 12 CEDAW 1979
See Arts 24 and 27 UNCRC 1989
See Arts 25 of UDHR 1948
See Art 14 (2) (h0 CESAW 1979.
See Arts 24 (1) and (20 © of the UNCRC 1989.
See Art 14 (1) of the ACWRC 1979.
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See id. Art. 13(1).
See the Right to education (Art. 13), CESCR General Comments, E/C.12/1999/10, para.1[hereinafter CESCR Comments on Art. 13].
See UNESCO, Regional Overview: Sub-Saharam Africa, available at http:// unesdoc.unesco.org/images/0017/001784/178418e.pdf (Accessed on 14th September 2009)[hereinafter UNESCO Overview].
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ICESCR, Art.13(2)(b).
Id. Art. 13(2)(c).
See World Declaration on Education for All and Framework for Action to Meet Basic Learning Needs 1990, para.1 (“Every person-child, youth and adult-shall be able to benefit from educational opportunities designed to meet their basic learning needs”).
See Vienna Declaration and Programme of Action 1993, Part 1, para.33 &Part II, para.80.
See Plan of Action for the UN Decade for Human Rights Education, A/RES/49/184,23 Dec.1994.5 (“Appeals to all Government to contribute to the implementation of the Plan of Action and to step up their efforts to eradicate illiteracy and to direct education towards the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms” ).
See CESCR Comments on Art.13. supra note 4, para.6. The Committee has adopted this same analytic approach in relation to other socio- economic rights guarantees. IN its General Comment4, the Committee identified a number of factors bearing upon the right to adequate housing, such as “availability”, “affordability”, and “cultural adequacy”. In its General Comment 12, the Committee identified elements of the right to adequate food, such as “availability”, “acceptability” and “accessibility”. The UN Special Rapporteur on the Right to Education has adopted a similar approach. For Example, her preliminary report to the Commission on Human Rights sets out “four essential features that primary schools should exhibit, namely availability, accessibility, acceptability and adaptability”. See E/CN.4/1999/49, para.50.
See Plans of Action, supra note6, para.7.
Data supplied by the Akwa Ibom State Ministry of Education (2009).
Id
Id
Id
Id
See Constitution of Nigeria 1999, 2nd Sch.pt.II, items27-30.
See J.K. Nyerere, Freedom and Socialism 267 (1968)
