AAN canvasses freedom from poverty, others in 1999 Constitution review

Etim Ekpimah

ActionAid Nigeria (AAN) has called on the National Assembly to consider the fundamental objectives and directive principles of state policy contained in Chapter II of the 1999 Constitution which provide for the economic, social, and cultural rights of Nigerians.

The AAN stated that policies are not often justiciable as some of them seem to conflict with other provisions of the same constitution.

It added that the immediate preceding section 12 (1) of the same constitution provides that ‘No treaty between the Federation and other country shall have the force of Law except to the extent to which any such decree has been enacted into Law by the National Assembly’.

It said It would then be correct to interpret that once a treaty has gone through the domestication and implementation processes, it becomes part of the body of Laws in Nigeria.

The Country Director, AAN, Ene Obi, said this in a statement while making submission on the review of the 1999 Constitution, entitled: “RE: Call for Memorandum: ActionAid Nigeria’s Submission on the Review of the 1999 Constitution.”

According to her, it means that once any international treaty gets to be domesticated by virtue of Section 12 of the 1999 Constitution, it forms part of Nigeria laws.

“Nigeria then acquires two sets of responsibilities and obligations under that Treaty. The first is its international obligations to the Treaty, and the second being the obligations under the treaty as a local Law upon its domestication.

“Section 33 as a Fundamental Right under Chapter IV provides for right to life, right to dignity of human person and other contingent rights.

“It is imperative to note that the right to life of a person and the dignity of his person cannot be protected, where the individual does not have access to safe environmental conditions including safe water to drink, access to free or affordable medical care when needed and other related things that are ancillary to healthy living, rights and obligations that were acquired under the African Charter on Human and People’s Rights which was signed, ratified as African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Chapter A9 (Chapter 10 LFN 1990) Laws of the Federation of Nigeria 1990 and domesticated and has now become part of the body of The 1999 Constitution.

“The obligations acquired by Nigeria were consigned to Chapter II in the drafting of the 1999 Constitution which is Non-Justiciable. This implies that all these rights have been left within the regime of objectives and that the government cannot be held responsible for default with relation to any of them.

“It is imperative to note that for the most part, most of the fundamental rights entrenched in Chapter IV would be unrealisable without Chapter II becoming justiciable. For example, it was stated categorically that, ‘The sanctity of the Human Person shall be recognized, and human dignity shall be maintained and enhanced’. Section 20 under the Environmental Objectives also provides that, ‘The state shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria’.

“Issues relating to the health, safety and welfare of persons, adequate medical and health facilities, equal work and pay, no discrimination, humane work conditions and so on were copiously mentioned under Chapter II. No mention however was made of how the government intends to achieve any of them,” the statement noted.

The country director also mentioned gender equality, noting that the 1999 constitution has boldly included sections which make provisions guarding against discrimination as provided by section 15 (2) which stated that “Accordingly, national integration shall be actively encouraged, while discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.”

She added that It is however ironical that the said section falls under the non-justiciable chapter of the constitution.  

She said: “True to form, the fundamental principle of equality is enshrined, at least in intent, in the 1999 Constitution. Section 17 provides that ‘the State social order is founded on ideals of Freedom, Equality and Justice’. These principles can be said to be respected in those provisions that do recognize women’s rights and protect against discrimination

“Section 15.2 expressly prohibits discrimination on the grounds of origin, sex, religion, status, ethnic or linguistic association or ties. The basic principle of gender equality is therefore embodied in the fundamental objectives and principles of the 1999 Constitution.

“Furthermore, the right to freedom from discrimination as captured in Section 42 which provides that no citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall, by reason of being such a person, be subjected either expressly by, or in the practical application of any law, to any disabilities or restrictions to which citizens of Nigeria of any other community, ethnic group, place of origin, sex, religion or political opinion are not made subject.”

She stated that the Constitution is itself discriminatory and fails to protect women from discrimination in several ways, among others.