National action plan on Human Rights: An address by Ikeazor Akaraiwe at the 2nd Gani Fawehinmi Signature prize/Award

NATIONAL ACTION PLAN ON HUMAN RIGHTS PURSUANT TO SECTION 1 (3) (a) BYELAWS OF THE NIGERIAN BAR ASSOCIATION (NBA) HUMAN RIGHTS INSTITUTE
An address by Ikeazor Akaraiwe at the 2nd Gani Fawehinmi Award for Human Rights and Social Justice, December 10, 2017

INTRODUCTION:
The objects of the NBA Human Rights Institute (NBAHRI) as encapsulated in Section 1 (3) (a) of the Bye-laws of the Institute ( adopted at NEC Warri on July 22, 2008) provide for the setting up of a National Action Plan on Human Rights.
Some of the other objects of the Institute are:-
a. To coordinate Human Rights Policies and programmes at the National and Branch levels.

b. To coordinate the Human Rights Committees at the branch levels.

c. To promote, protect and enforce Human Rights under a just rule of law.

d. To adopt and implement standards, practices and instruments regarding Human Rights accepted and enacted by the community of Nations.

e. To acquire and disseminate information concerning issues relating to Human Rights, judicial independence and the rule of law.

f. To establish and maintain relations with the International Bar Association Human Rights Institute.

g. To promote the objects, principles and aims of the Nigerian Bar Association.

h. To assist in developing and improving the image and status of the Nigerian Bar Association and members of the legal profession in general.

I shall be grateful if you could take a look at my thoughts hereunder contained vis a vis a National Action Plan on Human Rights and further make your additions, subtractions or comments as you deem necessary.

The general strategy is to promote innovative and sustainable mechanisms that will help promote ad entrench observance of rule of law and human rights standards in Nigeria. Emphasis will be given to projects that will increase the capacity building and relevance of NBA members in advocating and promotion of rule of law and human rights in their various jurisdictions. The key strategy is on implementation of projects and partnership with relevant stakeholders including government agencies and Civil Society Organisations (NGOs, the media, professional bodies, community based organizations, etc).
It is my earnest hope that an NBA Action Plan on Human Rights could be launched and adopted at the next NEC meeting 2018.

1. ACTION PLAN ON NEW FUNDAMENTAL HUMAN RIGHTS ENFORCEMENT RULES: nearly ten years after the 2009 rules, NBA should pursue another review and reform of the Fundamental Rights Enforcement Rules to make them more relevant. We do not need to wait 20 years before we do this as happened in the case of the 1979 rules.

WAYS AND MEANS

I. Engage the Chief Justice of Nigeria on the issue;

II. Urge him to set up a think tank with our people and his on the subject of reviewing the rules;

2. ACTION PLAN ON HUMAN RIGHTS EDUCATION (H.R.E) AS PART OF THE CURRICULA IN EVERY PRIMARY AND SECONDARY SCHOOL (PUBLIC AND PRIVATE) IN THE FEDERATION.

GOAL:
I. To ensure that every Nigeria child becomes acquainted with the basic concept of Fundamental Human Rights as enshrined in Chapter 4 of the Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples Rights which has been domesticated in Nigeria;.

II. Ensure acquaintance also with Fundamental Rights Enforcement Procedure Rules;

III. In this regard, simplify the Enforcement Procedure Rules as well as the relevant constitutional provisions for easy assimilation.

WAYS AND MEANS:

I. Dialogue with relevant Federal and (through our Branch Human Rights Committees) States Departments dealing with Educational curriculum until this is achieved.

II. Also, pursue training of teachers in Human Rights Education in various colleges of Education and Education Departments of Universities.

III. Public Advocacy.

IV. Set up a Human Rights Educational Curricula sub-committee within the NBA Human Rights Institute to aggressively pursue this challenge.

3. ACTION PLAN ON HUMAN RIGHTS EDUCATION (H.R.E) AS PART OF POLICE AND MILITARY TRAINING SCHOOL CURRICULA

GOAL:
To ensure that police men AND THE MILITARY become acquainted with the philosophical underpinning of, and the imperative of Human Rights.

Thus Human Rights Education as part of police curricula and training would include studies on:-

I. Chapter 4 of the Constitution.

II. The African Charter on Human and Peoples Rights; and

III. The Fundamental Rights Enforcement Rules in force.

Such studies over time should create a new police mentality. It is however important to note that there will be no quick fixes and this is, as well as No. 2 above, are long-term projects, which ought to, in a generation or two change the mindset of the people.

WAYS AND MEANS.

I. Courtesy calls and Advocacy visits on the Inspector General of Police. It is important that the occupant of that high office buy into this vision.

II. Advocacy visits to all Police Training and Detective Schools all over the country.

III. Set up a Human Rights/Police Curricular sub-committee within the NBA Human Rights Institute to aggressively pursue this challenge.

It may take a day or years, but we must be prepared for a long trek which may not be concluded in the life of this NBA administration, but start we must.

4. ACTION PLAN ON TORTURE:

GOALS
I. To promote reporting and effective documentation of torture violation in Nigeria;

II. To promote prosecution of incidences of torture and other cruel, inhuman and degrading treatment or punishment occurring in police/prison custody and by law enforcement agencies generally;

III. To promote forensic investigation and other international best practices in policing, in place of torture;

IV. To prevent torture in crime prevention and detention;

WAYS AND MEANS:
Legislative and Media Advocacy as well as training and sensitisation of lawyers through our 88 Branch Human Rights Committees.

5. ACTION PLAN ON PRISONS:

GOALS:
I. To sensitise legal practitioners on provision of pro-bono legal assistance to “Awaiting Trial Prisoners” in Nigeria;

II. To provide training to legal practitioners on supporting RE-ENTRY INTO SOCIETY (REHABILITATION, RESETTLEMENT AND REINTEGRATION) for prisoners, ex-prisoners and youths-at-risk(of going into crime) as a means of promoting reduction in offending/re-offending behaviour and prison decongestion, with special focus to be given to vulnerable prisoners such as juveniles, women prisoners, prisoners with physical disabilities, etc.

WAYS AND MEANS:
Liaise with Legal Aid Council and other state bodies (such as State-based citizens and Mediation Centres, State and Federal Prerogative of mercy committees, criminal justice administrative committees, State-based justice reform teams and the (jail delivery process of respective States in Nigeria.) and NGOs.

6. ACTION PLAN ON A COURT WITNESS SUPPORT SCHEME.

GOAL:
I. To assist the criminal justice delivery system by ensuring that witnesses (especially vulnerable witnesses) are not discouraged by the financial demands of commuting to court over years to give evidence, which has been found to be a major draw back in the criminal justice system;

II. To protect vulnerable witnesses from intimidation;

III. To provide independent and valuable information and support to witnesses (especially vulnerable witnesses) in courts across the federation.

WAYS AND MEANS:
Advocacy and collaboration with NGOs and the judiciary.

7. ACTION PLAN ON CONSUMER RIGHTS:

GOAL:
I. To promote the rights of citizens with respect to quality of goods purchased;

II. To show the nexus between consumer rights and human rights for instance, relationship between consumption of fake drugs or use of bad car tyres and the right to life. This may be a tenuous link but probably necessary to underscore the rights of consumers to high quality goods.

WAYS AND MEANS:
To utilise our Branch Human Rights Committees as a Consumer Rights Volunteer Corps in Collaboration with C.A.D.E.F (Consumer Rights and Advocacy Foundation), C.R.C (Consumer Rights Council), S.O.N (Standard Organisation of Nigeria) and NAFDAC (National Agency for Food and Drug Control).

8. ACTION PLAN ON FREEDOM OF INFORMATION:

GOAL:
Ensure full utilisation of the Freedom of Information (F.O.I) Act with its attendant benefits to the socio-economic development of Nigeria.

WAYS AND MEANS
Intensify collaboration with NGOs and all relevant bodies for utilisation of the freedom of information Act.

9. ACTION PLAN ON RELIGIOUS RIGHTS
Be at the vanguard for the promotion of religious rights and freedom of minorities
utilising our huge branch network through public advocacy and pro bono cases. I had
to do a pro bono case for a widow, who for religious reasons could not shave her head
and dance in the village square as part of mourning rites for her husband. She was
ostracised. Our victory severely circumscribed that custom in Nachi, Enugu State.

10. ACTION PLAN ON SEXUAL ORIENTATION RIGHTS
Nigerian citizens need reorientation to discourage taking laws into our hands in respect
of persons whose sexual orientations differ from the majority. Such persons should be
handed over to the law without violence being visited on their persons.

CONCLUSION:

IF WE DO NOT RISE UP FOR HUMAN RIGHTS, we might become victims of Pastor Martin Niemoller’s lamentation in Nazi Germany thus:
“First they came for the communists, and I didn’t speak out because I wasn’t a communist.
Then they came for the trade unionists, and I didn’t speak out because I wasn’t a trade unionist.
Then they came for the Jews, and I didn’t speak out because I wasn’t a Jew.
Then they came for me and there was no one left to speak out for me”.

WE MUST SPEAK OUT:

As Edmund Burke said,
“all that is required for evil to triumph is for good men to stay silent”
Thank you.

Ikeazor Akaraiwe, Esq.
Member governing council
And former Chairman, NBA Human Rights Institute
(former 1st Vice-President, NBA