Imperatives of Human Right Conservation in the Complacent Fights Against Insurgency in Nigeria
Department of Business Law, College of Law, Igbinedion University Okada, Nigeria.
Review Article
World Journal of Advanced Research and Reviews, 2024, 23(01), 787–796
Publication history:
Received on 23 May 2024; revised on 02 July 2024; accepted on 04 July 2024
Abstract:
Insurgency is a major problem devilling Nigeria right now, it is a fight that government has been fighting for decades owing to its responsibility in accordance to section 14(2)(b) of the Nigeria Constitution of 1999 (as amended) in providing for the welfare and safety of her people. Regrettably this scourge has hindered a lot of developments in terms of socio-economic enterprises across all geopolitical zones in the country. The more the governments fight against this menace, the more galvanized they become in their daily operations. The Northern part of the country has recorded activities of groups such as Boko-Haram, Islamic State of West Africa Province ISWAP, Fulani killer Herdsmen, kidnapping etc. In the Eastern part of the country, there exists notorious sect like Independent People of Biafra IPOB, Eastern Security Network (ESN) and the unknown gunmen. The Western part of the country recently started gathering momentum in the name known as Yoruba Nation agitators etc. It is germane to say that, not all of these groups sees themselves as insurgence, rather they see themselves as freedom fighters. In the doctrinal research method as well as the field research, adopted in this work, it is discovered that the only major weapon that the Nigerian government is known for in fighting insurgency is the armory, and in using this military method, in bringing insurgency to bay, more humanitarian crisis is usually created, and human right suffers the more. Nigeria being a party to numerous organizations which include the code of conduct for law enforcement officials 1979, International Covenant on Civil and Political Right (ICCPR) and International Covenant on Economic, Social and Cultural Right (ICESR) 1966, as well as the United Nations Convention against torture and other cruel, inhuman or degrading treatment or punishment 1984 etc. Nigeria is directly bound by the provisions in the covenant to protect lives and properties when fighting insurgency in the country. It is the recommendation of this paper that, alternative means that would mitigate the sufferings of civilians be adopted as a right that belongs to them. Therefore the use of arms as the only means to ward off rebellion should be discouraged as it would adversely create more problems for the citizens. Better options to the menace include, Dialogue, Negotiation, Rehabilitation and Reconstruction and a 'one to one’ discussion with the aggrieved would avoid escalation of violence and human right violation in Nigeria.
Keywords:
Insurgency; Human right; Escalation ICCPR; ICESR
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