REPORT OF COLLOQUIUM ON SOCIAL AND ECONOMIC RIGHTS
HELD AT CHELSEA HOTEL, CENTRAL AREA, ABUJA 

5th - 8th July 2000

This colloquium on Social and Economic Rights is the fifth in the series.

Over the next few months, the Forum will continue consultations with various stakeholders. The forum is seeking to hold public hearings. We are unhappy that the consultations done so far in drafting the 1999 constitution and the Presidential Technical Committee on the review of the 1999 constitution is very limited. In most cases, the committee in its tour to the states only consulted with governor, speaker of the House of Assembly and one or two other dignitaries.

The committee collected only about 1,000 memoranda which is scandalous when compared to the number of memoranda collected in Eritrea, Uganda(25,542) or South Africa(1.7million) when they were reviewing their constitutions. At the end of the seven colloquia, there will be a major conference that will put together our view on the 1999 constitution. This will form the basis of our campaign on how the 1999 constitution should be amended.

After the welcome address, there was general introduction of all participants.

Background Paper-Mr Chima Ubani

Although the history of constitution making in Nigeria predates 1960, only from 1979 were economic, social and cultural rights given some form of constitutional recognition.

ESC rights were entrenched in chapter 2 titled Fundamental objectives and directive principles of state policy. These were moral rules which lacked legal enforceability. The 1999 constitution upheld this tradition.

Economic, Social and Cultural Rights: An overview.

 The Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948 set out in Articles 22-27 certain rights which were later termed Economic, Social and Cultural. The ICESCR adopted in 1966 elaborated on these rights and sought to give them legal force.

The African charter on Human and People’s Rights which was adopted in 1981 reinforced these rights in Articles 15-18.

The rights considered Economic, Social and Cultural include the followings:

·        Right to work.

·        Right to enjoyment of just and favorable working conditions.

·        Right to form and join trade unions.

·        Right to adequate standard of living.

·        Right of  freedom from hunger.

·        Right of the family to special assistance.

·        Right to adequate and suitable shelter.

·        Right to the enjoyment of the highest attainable standard of physical and mental health. 

·        Right to Education.

·        Right to take part in cultural life, to enjoy the benefits of scientific progress etc.

The 1999 Constitution and Economic, Social and Cultural Rights.

The provision of the 1999 constitution on ESC rights are found in sections 13-24 (chapter 2) under the heading Fundamental Objectives and Directive Principles of State Policy. Although the provisions cover some of the internationally recognised ESC rights, it falls short of international standards. Moreover, the provisions are not justiciable.

Recommendations

·        ESC rights should be brought under chapter 4 of the Constitution with a view to making them enforceable by the courts.

·        There should be a clause giving automatic force of law to all treaties (including human rights instruments ratified by Nigeria) entered into by the country.

·        Certain institutions should be established to oversee matters relating to ESC rights.

Conclusion-  It is important to note that even if ESC rights are made enforceable, it cannot guarantee the enjoyment of those rights by the masses of our people even if the courts were to live up to their duty of providing judicial redress of rights violations. The struggle for constitutional reform must therefore be seen as a struggle for societal reformation.

Economic, Social and Cultural Rights and the Constitution of the Federal Republic of Nigeria 1999-A case for a Review- By Eze Onyekpere Esq.

Over the years, doubts have been raised about the status of economic, social and cultural rights as to whether they can be regarded as rights properly so called. Many People confuse the concept of rights with the concept or justiceability. It must be noted that fulfillment or realisation of a right goes beyond the concept of justiceability. Within the classical classification which has been faulted in some writings, human rights have been classified into three Genres – the first generation civil and political rights which are followed by the second generation Economic, Social and Cultural (ESC) rights and the third generation solidarity and collective rights.

The doubts on the right bearing nature of ESC rights have rendered the justiciable rights in chapter 4 of the constitution hollow because as Justice Bhagwatti has argued, without material conditions, Civil and Political rights are “empty words” bandied about in the drawing rooms of the rich and well to do.    

Human rights are indivisible, inter-related and interdependent. However, this is yet to be felt at the domestic level. The argument is that the full realisation of civil and political rights without the enjoyment of economic, social and cultural rights is impossible.

The 1999 Constitution:-   The 1999 constitution following the lead of previous constitutions did not provide for ESC rights in the justiciable chapter four on Fundamental Rights. Rather in chapter two, it lists them as fundamental objectives and Directive principles of state policy. The 1999 Constitution declared the ESC rights contained in chapter two non-justicable by section 6(6).  But it is not a blanket provision because where other sections of the constitution authorise any content of chapter 2 or where statutory provisions create legal rights, an action can be brought even though the action will not be founded on chapter 2.

The African Chapter on Human and Peoples’ Rights-  A number of international instruments have made provisions for ESC rights but the African charter stands out since it has been domesticated as part of our municipal law. The Charter made provisions for ESC rights such as the right to work under equitable and satisfactory conditions and to receive equal pay for equal work, the right to enjoy the best attainable state of physical and mental health, the right to education and protection of the family, women and children. It can safely be stated therefore that the ESC  rights are not justiciable on the basis of the constitution but are justiciable if they are founded on the African charter and a number of other national standards.

Nature of state ESC Rights Obligations:- The ICESCR provides among other things that state parties to the convenant should take steps to  utilise to the maximum of its available resources to achieve progressively the full realisation of the rights recognised in the convenant by all appropriate means including particularly the adoption of legislative measures. The implication of this provision is that the convenant recognises the differences in wealth and resources available to different Countries in the world. However, states are obligated regardless of economic development to ensure respect for minimum substance of rights for all. If for any reason, a state fails to meet its obligations on ESC rights due to lack of resources, it must show that every effort has been made to use all the resources at its disposal to satisfy the minimum ESC rights obligations.

Furthermore, the concept of progressive realisation is a recognition of the fact that full realisation of ESC rights will generally not be achieved in a short time. However, there are some ESC rights that are capable of immediate implementation regardless of the level of economic development e.g. trade Union rights including the right to strike and the right to fair wages and equal remedies. There are three layers of obligations in matters of ESC right: Obligations to respect, protect and fulfil. The obligation to respect requires states to refrain from interfering with ESC rights e.g. refrain from forced eviction. The obligation to protect requires states to prevent violations by third parties e.g. ensure that private employers comply with labour standards. The obligation to fulfil requires states to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realisation of such rights.

The Minimum core content of ESC rights:- The minimum core obligation is the threshold below which no state will be allowed to descend. States are obligated to ensure that they stay above the minimum.

Why ESC Rights should be constitutionally guaranteed

1.      The problems caused by agitation over manginalisation, underdevelopment and resource  control will reduce.

2.      It will focus the attention of the executive and legislature on how to ensure that the ESC rights are protected.

3.       It will allow the judiciary to develop jurisprudence that will ultimately improve good governance and welfare of the people.

4.      International law provides that a state party to a treaty cannot plead its domestic law to circumvent its international obligations. Having signed and ratified the ICESCR, Nigeria has an obligation to bring her domestic law to conform to the convenant.

5.      It  is contradiction for Nigeria to domesticate the African charter and still refuse to make ESC justiciable in the constitution.

6.      It is projected that if a poll were to be taken on the question of constitutional guarantee of ESC rights, it would surely be returned in the positive.

Conclusion- ESC  Rights need elevation to fundamental constitutional guarantees

Discussions, Questions and Comments

Oyerinde Olaitan pointed out that there is an attempt to create a literature that is basic to human rights and excludes social issues and political economy. It is however necessary to discuss what is real in terms of economy and politics. He argued that with the kind of state, politics and economy we have, there is no way ESC rights can be justiciable. He opined that we celebrate justiciability too much even though the justiciable rights are not available to majority of the people. He is of the opinion that most of the mechanisms we have in place such as Housing Fund, NISTF are mechanisms of the accumulation process by the ruling class. He suggested that we look more at the social context.

Barrister Emeka   noted that human rights are universal. He argued that the problem in Nigeria is not that of resources but corruption and bad leadership.

Dr. Abubakar Momoh asked that we need to do something new instead of rehashing international human rights instruments and claiming that there are universal. He argued that we must have the attitude of questioning issues and study the true character of our lives.

He opined that HR arose as a result of struggle against feudalism in Europe while in Africa, it arose as a result of struggle against slavery. He exposed the racist nature and attitude of Euro American scholars and called on all to think out new ways of defining human rights for Africa.

Hon. Olusegun Ojo posed certain fundamental questions. Why is it that ESC rights are not made justiciable in the constitution? What are the views of elites and leaders on this issue? What are the views of Nigerians on the issue? He appealed to the human rights community to plan towards the year 2003 and come out to contest elections so as to implement the beautiful ideas that they propagate.

Ray Onyegu is of the opinion that even with the imperfections of the 1999 constitution, it gives us sufficient weapon (section 42-Right to freedom from discrimination) to enforce ESC rights.

Eze Onyekpere agreed that ESC rights have to be enforced within a context and is influenced by political economy. However, it is important to look at the present constitution and make suggestions for amendment. He pointed out that when certain mechanisms are not functioning properly, the right thing to do is to reform them and make them functional.

Economic and Social Rights in a New Constitution :- Prof. Osita C. Eze

Since independence, Nigeria has produced four constitutions, 1960, 1963, 1979 and 1999. There were other draft constitutions- 1989 and 1995 which never came into force. Apart from rights to property and trade Union Rights, the latter incorporated the right of association in the fundamental human rights provisions, both of which are ECOSOC rights. Enforceable rights in all these constitutions were only civil and political rights. It was the 1979 constitution that first included a chapter on Fundamental Objectives and Directive principles of state policy. In 1986, the political bureau had in response to demands by the public recommended the inclusion of ESC rights in the constitution. This was rejected. The 1995 constitution was the first (even though it never came into force) to include some new ECOSOC rights under chapter IV thereby making them justiciable. Under section 45, every Nigerian citizen shall be entitled to free and compulsory primary Education which shall be provided by government. Every Nigerian citizen was entitled to free adult literacy programmes to be provided by government. Section 43 makes provision for the right to free medical consultation in government medical institutions.

ESC rights are not alien to our culture because we all have need for education, health, shelter, employment and social security.

Recommendations

1.                  Sections 14-19 of the 1999 constitution under chapter 2 should be transported to chapter 4 and made justiciable. A new subsection (f) should be added to section 17 to provide for participation of women and other vulnerable groups in the development process.

2.                  Section 42 which provides for the right to freedom from discrimination is rather restrictive. Judicial practice shows that both state and persons can violate rights.

The section should therefore be amended in such a way that individual can be found guilty.

3.                  There should be additional sections to chapter four

Section 46- Right of spouse to the estate of a diseased partner

Section 47- Right of equality of men and women

Section 48- Right to work

Section 49- Right to equal educational opportunities and facilities

Section 50- Right to culture, language, tradition & religion

Section 51- Right of mothers to pre-natal, peri-natal & postnatal care

Section 52- Right of the Child

Section 53- Right of the disabled

Section 54- Right of the minorities

4.                  The national Assembly should establish regulatory authorities to promote ESC rights. The  Assembly should be given time limit within which to create the bodies or be taken to court.

5.                  The president should make annual report to parliament on progress made on ESC rights protection.

Conclusion

There is the need to make a case for legislators, Civil Society Organisations, grass roots Organisations etc. to ensure that ESC rights are not only entrenched in the constitution but made justiciable . Nigerians deserve to enjoy these rights. Nigerians are not subhuman. There is sufficient resources to provide these rights. We must do everything to entrench them in the constitution.

Discussions, Questions and Comments

Tunde   Newswatch

He argued that majority of Nigerians are not aware of the existence of a constitution not to talk of the rights guaranteed therein. He called on the NGO community to do more. He called on the colloquium to take the rights of Women more seriously.

Alita Daniel  reiterated that we may be making the same mistake of elitist approach to constitution making. He pointed out that the tendency for us to speak for the people is unfortunate. He chided NGOs for not going to the rural areas. On universality, he noted that we are in too much of a hurry to globalise.  

Otive Igbuzor pointed out that we need to strike a balance between universality and specificity. He argued that certain basic needs are universal to all humans solely by reason of being human. However, practical  requirements of meeting these needs and even the way the needs are expressed requires a careful consideration of the specific local context. He also clarified the method of work of the citizen’s forum which is process led, participatory and bottom-up.

Oyerinde Olaitan wondered aloud if it will be meaningful to have a constitution that provided the right to education and vocational training without guaranteeing the right to work. He pointed out that a lot of people are ignorant about the level of organisation and knowledge of people at the grassroots. He argued that it is not true that  the people at the grassroots are not knowledgeable. He gave the example of motor cycle riders who are well organised and engage the state in a variety of ways.

Lanre Suraj  opined that Nigera must look for Nigerian solution to Nigerian problems. He advised that we should focus on the mechanism for enforcement of ESC rights beyond merely making them justiciable.

Dr. Charmaine Perreira commenting on the suggestion for Women participation, noted that the problem is not with participation but the nature of participation. She pointed out that most times Women’s participation reinforces the pattern of domination which needs to be addressed. On Prof. Eke’s recommendation for additional section 46 (1)  that ;

“A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the died having made a will”

Dr. Perreira  suggested that the colloquium should debate whether the provision should be neutral or gender specific.

On the recommendatio for section 49 (c) that: 

“Higher education shall be made equally accessible to all on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education”.

Dr. Perreira sought to know whether the capacity referred to was intellectual or material

(note-Prof. responded that the capacity referred to is intellectual). Dr Perreira pointed out that change occurs in different levels and constitutional change is one of them.

Asmau Joda noted that one of the problems is that those who represent us at different fora especially at the UN system are incompetent. She argued that we always emphasize the negative aspects  of customs and traditions and refuse to recognise and promote the positive ones. She observed that there are various forms of discrimination against women. She suggested an amendment to prof’s suggestion in section 49 (B) to make secondary and vocational school free and compulsory.

How Olusegun Ojo argued that the greatest discrimination against Women is in the area of marriage. He posited that the greatest respect of the right of women will be the principle of one man, one wife.

Prof. Osita Eze agreed that the rights to work and the right to environment are crucial rights that need to be enforced. He is of the opinion that these two rights should be included in our bill of rights.

Dr. Jibrin Ibrahim in rounding up the session expressed happiness’ that the three papers are interrelated and addressed in detail different aspects of ESC rights.

Chima’s paper – History of ESC rights

Onyekpere’s paper – Imperaative strategy of progressive realisation.

Prof. Osita Eze`s paper- Specific proposals for amendment of the 1999 constitution.

He thanked the presenters for a good job. A communiqué committee was then set up as follows:-

1.                  Asmau Joda – Chair

2.                  Otive Igbuzor – Secretary

3.                  Eze Oyekpere Esq – Member

4.                  Chima Ubani – Member

                          AFTERNOON SESSION

            Chair – Prof. Osita Eze

                                        Rapporteur – Mr. Otive Igbuzor

Building Democracy: The Globalisation of Social and Economic Rights - Geoff budlender.

Geof Budlender could not attend the colloquium due to flight problem from South Africa. Dr. Kayode Fayemi presented the paper on his behalf.

There is nothing new in the demands being made for making ESC rights justiciable. These rights are contained in the UDHR adopted in December, 1948. What is relatively new is that there are new approaches to the incorporation of these rights into domestic law and new approaches to their enforcement in International law. Many countries signed and ratified ICESCR including Nigeria. South has signed it but not yet ratified. The process of ratification is under way. However, South Africa has gone beyond recognising  to make them justiciable. The 1994 interim constitution contained a chapter on fundamental rights. Certain Social and Economic rights were included at that stage-for example rights of Children to security, basic nutrition and basic health and social services, and the right of every person to basic education. In 1996, the democratically elected Constitutional Assembly adopted a “final” constitution. This was much more expansive on the subject of social and economic rights. The rights include those in respect of health, education, housing, land and social assistance. South Africa had to go through this route because of its history.

Section 26 of the South African constitution provides for the right to have access to adequate housing. Four years of practice has demonstrated that this provision have significant impact in the following ways:

1.                  It can prohibit unacceptable laws

2.                  It can modify the common law

3.                  It can protect government action in support of the right.

4.                  It can provide a guide to what is “reasonable” or justifiable administrative action.

5.                  It can impose a positive duty on the government to take effective action to deal with social problems.

Conclusion- The inclusion of social and economic rights in a constitution forms part of an effectively binding social compact. It speaks to the needs of the poorest and ensures that they, too, are full citizens. It is part of building truly effective and sustainable democracy. 

Discussion, Comments and Questions

Mr. Onyekpere Eze noted that we must begin to look inwards to produce internally because  social and economic rights cannot be enforced without technological backing. He reiterated that we should adopt the principle of progressive realisation.

Mr. Remi of Alliance for Democracy(AD) pointed out that the move towards Globalisation is dangerous. He argued that globalization is Americanization i.e. following America’s way of life. He was of the opinion that the success in South Africa came from dedication, commitment and suffering during the apartheid regime. He argued that in order to enjoy ESC rights, we must engage in democratic struggles. He opined that there is the need for elected representatives to refocus so as to attack the issue that are relevant to the welfare of the people.

Dr. Abubakar Momoh criticised the romanticisation with the new constitutionalism  in Africa and the celebration of the success story of South Africa. He pointed out that despite the making of ESC rights justiciable in South Africa, there is grim statistics that shows that there is no significant improvement in the lives of the people-only 5 % of the land has been redistributed.  

Security is a big problem. There is housing problem and high rate of unemployment. 65% of the population live below poverty line. He counselled that we must come back to the basics. The situation where people sign documents that they do not understand do not help much.

We must find the connection between universalism and specificity. We must concretely understand the concrete material conditions of our people and how the people feel about themselves. We must do a bottom up process. We must interrogate what democracy means to the people. He argued that the Ghanaian constitution is not fundamentally different from the Nigerian constitution. 

  Professor Osita Eze explained .that the Ghanian constitution is fundamentally different from the Nigerian constitution. For instance, the language of the constitution is engendered; there is affirmative action for women and ESC rights are entrenched.

Oyerinde Olaitan said that we need to find some ways to address the imperfections in the distributive system of the capitalist system. He argued that ESC rights within the context of SAP is problematic. He suggested that we need to discuss the role of civil society within this context e.g what can workers do to make NISTF accountable or how can workers make NHIS work properly.

Ndidi Okafor (champion newspapers) - wanted to know whether one of the aims of the forum is to collect views and submit to the National Assembly for a review of the 1999 constitution

Professor Osita Eze clarified that there is a difference between globalization  of world economy and universality of human rights.

Dr. Kayode Fayemi pointed out that constitution is a product of a lived experience and history of a people, particularly when it is made by a people driven process. This is why South Africans reacted when the Commissioner of police suggested that the constitution should be amended to relax the bill of rights to enhance the tracking down of criminals.

He argued that discussion of ESC rights within the context of SAP is the right thing to do. He opined that these discussions are already impacting positively on WTO and World Bank. He is of the opinion that the process we are engaged in is aimed not  only in entrenching ESC rights in the constitution but advocating for it . He gave an additional reason for the fundamental difference between the Ghanian and Nigerian constitution. The Ghananian constitution has constitutionally entrenched independent commission.

Dr. Jibrin Ibrahim responded that the Citizens Forum is working towards the production of an alternative model constitution drawing strongly on the consensus reached at the level of civil society organisations. We shall organise hearings and make submission to the National Assembly. He also added that the regime of human rights is global in nature. The struggle for human rights started with the struggle against slavery which is specific to every society.

Professor Osita Eze pointed out that as long as the system remains what it is, it will be difficult to implement ESC rights. He pointed out that during the drafting of the 1999 constitution some people wanted chapter 2 to be completely removed from the constitution.

Some thoughts on Social and Economic Rights - Network for women’s studies in Nigeria.

Social and Economic rights as enumerated in the International convenant  on ESCR have often been contrasted against civil and political rights. Human rights are however indivisible particularly as the realisation of social and economic rights depend largely on the existence of certain civil and political rights. Some of the issues affecting the realisation of social and economic rights are :

·      The role of the state in regulating and/or “opening up” the market .

·      The structure of the economy

·      The nature of social relations

·      The existence of SAPs and debt

·      The political will to recognise the rights and /or act in order to realize them.

·      A popular consciousness of human rights.

The report of the political bureau produced in 1986 explicitly recognised the need for social and economic rights in Nigeria. ESC rights were viewed as justiciable  unlike the situations in 1979 and 1999 constitutions. There is the need to apply a women’s human rights framework to social and Economic rights which will allow us to ask two questions:

·      What are the gender-specific violations of social and economic rights that women experience?

·      How do women’s  experiences underscore the need to refine, expand or redefine the prevailing understanding of social and economic rights?

The record on women rights in general is poor in Nigeria. Despite the constitutional guarantee of equality between women and men, many provisions in other laws in operation are discriminatory against women. Section 55 of the penal code allows wives to be beaten while section 357 of the criminal code permits marital rape. Even when the law does not discriminate, women face discrimination from institutions and agents of the government, state or society . In fact, Nigerian women are still marginalised and discriminated against in virtually all spheres of social, economic and political life.

        On the question of justiciability, it  is important to recognise that the implementation of  social and economic rights is not sorely or even directly dependent on their being justiciable.

Conclusion- Social and Economic Rights are most likely to be realised through extra- constitutional means. However, some relevant  actions for constitutional reform will include:

·      Making ESC rights constitutionally justiciable

·      Expansion of the rights to include gender based violations

·      Prohibiting “discrimination against women” in the constitution

·      Specification of “equal pay for work of equal value”

·      Removal of section requiring domestication of international treaties.

Fundamental Rights in the ESC Rights Context: Possibility of Enforcement in Nigeria - Shelter Rights Initiative.

·      The most affective means of enforcing a right is by litigation. If legal obligation is not justiciable, then it is not enforceable.

·      A claim for economic, social and cultural rights may on the normative basis of non-discrimination be directly founded on the constitution. This is because a combined reading of section 6(6) and chapter 4 of the constitution (whose rights are justiciable) reveals that any ESC rights which may be implied or derived from any of the rights entrenched in that chapter is also justiciable. Accordingly, any ESC rights that may be applied in the wording or operation of the guarantee on the right to discrimination in section 42 (chapter iv) will be justiciable.

·      There are many cases both in Nigeria and abroad where the court has been used to enforce the rights to housing against forced eviction.

Conclusion - Economic, social and cultural  rights are determinate, valid, claimable and justiciable under both municipal and international law. The only thing remaining to accord ESC rights their rightful pride of place as enforceable rights is the will and the right attitude of the government of the day and its agencies. And for the prospective beneficiaries to muster sufficient courage to ventilate their grievances before the appropriate institutions whenever they perceive violations of the human rights-political, economic, civil, social or cultural.

Discussions, Comments and Questions

Lanre Suraj commenting on Professor Osita Eze’s suggestion on section 52(4) that:

“No child shall be deprived by any other person of  medical treatment,

education or any other social or economic benefit by reason only of religions or other belief”

suggested that the clause ‘by reason only of religion or other belief ‘should be expunged .

Hon Olusegun Ojo reminded the meeting that the business of legislation is not easy because various interests and conflicts are always at play.

   Uche  (PRAWA) noted that nobody has talked about the right of children. He added that the land use Act has implications for ESC rights.

   Chibogu   Obinwa  (BAOBAB) raised the issue of discrimination against women such as single ladies not having accommodation and new generation banks employing single ladies and sacking them if they get pregnant or get married.

There was a lot of debate on the abuse of women’s rights and the appropriate form of response.

Dr. Abubarkar Momoh advised that there is the need for civil society organisations to do a well targeted and focused work.

7^th July,2000

Chair:Dr kayode  Fayemi

 Centre for Elderly Rights(CEER)

There are certain rights that are being overlooked e.g. rights of the disabled and rights of the elderly.

Health Rights Initiative(HRI)

The 1999 constitution is not a product of the people and should be amended. HRI works in the areas of  ESC rights (including early and forced marriage) and human rights education. HRI advocates that copies of the constitution should be made available free of charge and distributed through churches, mosques and CSOs. HRI works in all the states of the Northeast zone.

Democratic Alternative

The 1999 constitution failed to properly address the salient issues that lie at the root of the ligering crisis within the Nigerian nation state. There is therefore the need for constitutional reform. It should however be noted that the project of constitution reform cannot be undertaken successfully in isolation of the larger crisis within the Nigerian society. We must see constitutional reform as a holistic struggle to inaugurate a new socio-economic order. DA believes that there should be little difficulty in having ESC rights enshrined in the constitution if the constitution –making process is people –driven and not elitist.

Centre for Workers Rights(CWR)

The CWR is interested in and working in a number of areas:

  Health and safety of workers

·        Sexual harassment of workers

·        Administrative and personnel practices that are discriminatory e.g. refusal to give accommodation to women because their husbands are accommodated.

·        Disempowerment of local unions by the trade union bureaucracy e.g. a branch cannot declare a trade dispute.

·        Right to work and strike

·        Automatic checkoff and lack of accountability

·        Right to collective bargaining

·        Capacity building for trade union leaders and members

·        Male domination of union including those with female majority members like the Typists, Teachers and Nurses.

Discussion and Comments

The following issues were discussed:

·        The need to institutionalise ILO conventions within the framework of the domestic law and the constitution.

·        The abuse of the rights of workers in the armed forces e.g. prohibition of members of the armed forces from marrying Journalists.

·        The need to amend Section 42(3) which derogates the right of members of the armed forces to freedom from discrimination.

·        The need for legislative advocacy on the rights of workers.

·        The need to take immediate action concerning the rights of the elderly.

·        The need for social security for the elderly.

·        The need utilise the courts to struggle for human rights particularly the rights of women.

·        The need for the constitution to address the question of sharia.

In his closing remarks, Dr Kayode Fayemi thanked all participants for their dedication and commitment to the programme.

GROUP REPORT

Chair: Dr. Jibrin Ibrahim

GROUP ONE REPORT: Mechanism for Enforcement of ESC Rights

 (A) Building of Popular Consciousness

·        Expand the scope of the coalition beyond the frontiers of current NGOs to include trade unions, professional associations, Nigeria Labour Congress(NLC), Academic Staff Union of Universities(ASUU), National Association of Nigerian Students(NANS) etc

             Network with NGOs- Broaden the scope and capacity

·        Utilise traditional music, video, tracts, leaflets etc

·        Be press friendly-Utilise both leaders and the people to talk to the press (TV, Radio and Newspapers)

·        Involve Youth groups, traditional institutions(Town Halls)

·        Use core lobby groups(with Community and Opinion leaders)

·        Raise knowledge and awareness through literacy

(B)Mechanisms

·        Sanctions-Civil disobedience, Strikes etc

·        Legislative advocacy

·        Executive advocacy

·        Judicial reform-Para-legal training, Law reform Commission, Legal Aid Council, Public Complaints Commission, Human Rights Commission, Press Council, Code of Conduct Bureau etc

·        Court of Public opinion

·        Inter-Ministerial briefing and monitoring of ESC rights

·        Making existing agencies work-NSIFT, National Health Insurance Scheme(NHIS), National Housing Fund.

·        Study anti-corruption Act to see the positive and negative aspects and see what to plug in.

·        Monitor TNCs activities, multi-lateral and Brettonwoods agreements.

·        Establish ESC Commission to be funded from the Consolidated Revenue Fund OR

·        Expand HR Commission and democratise appointments.

·        Encourage the formation of other Commissions e.g. Gender and Equity Commission, Anti-Poverty Commission.

Role for CSO

·        Need for specialisation

·        Need for focus

·        Need for data and advocacy

·        Quality of work

·        Capacity to execute mandate

·        Need for more groups to be involved

·        Moral persuasion

·        Networking

Role of Government

·        Policies and legislative actions

·        Benchmarks on performance for evaluation

·        Periodic accountability to the public

·        ESC Commission to provide strategic plan evaluate performance with CSOs

Role for CFCR

·        Chart its own agenda and define role

·        Strategy to be short term, medium term and long term

·        All NGOs and participants be given chance to continually network and enrich work

·        Encourage dissemination of ESC and rights in the Nigerian Constitution

GROUP TWO REPORT: RECOMMENDATIONS FOR CONSTITUTIONAL AMENDMENT

1.      That Chapter Two of the 1999 Constitution be left intact as directive principles of state policy since it has been amplified by section 42.

2.      That Section 12 of the constitution be amended by removing subsection one so that all International treaties ratified by Nigeria should apply. For future ratifications, subsections two three should apply.

3.      That before a treaty is ratified, the National Assembly must be involved.

4.      A body shall be set up to be known as Commission for Economic and Social Justice independently entrenched in the constitution, drawing its funds directly from the Consolidated Revenue Fund.

5.      That certain provisions that would take care of the peculiar problems of Nigerians should be entrenched in Chapter Four and made justiceable. For example:

·        Right to adequate housing. This group finds Section 26 of the South African Constitution very pertinent and recommends that it be adopted verbatim in chapter four.

·        Right to education. The group recommends that education be free and compulsory at the primary, secondary and vocational levels.

·        That higher education shall be made equally accessible to all on the basis of capacity by every appropriate means and in particular, by progressive introduction of free education.

·        Functional education shall be encouraged or intensified as far as possible.

6.      That everyone shall have the right to the highest attainable level of mental and physical           health. That is, the rights under the National Health Insurance Scheme and Primary Health Care delivery system should be entrenched in the constitution.

7.      Every one should have the right to social security.

·        Unemployed persons shall be entitled to unemployment benefit.

·        There shall be right to old age care and insurance.

8.      ECOSOC rights such as the prohibition of discrimination in enjoyment of all rights, protection of workers’ rights and trade unions should be part of chapter four. Also, freedom to enjoy one’s scientific research and creative activity as well as prohibiting such violations as arbitrary evictions from homes or deliberate denial of means of livelihood and survival should be entrenched in the constitution.

9.      There should be an interpretation section in the bill of rights provision of the constitution which will take into account both International law and peculiar domestic circumstances of Nigeria.

DISCUSSION

During the discussion that followed the report, the following issues were identified:

·        There is the need to address the question of consumer rights.

·        The need to move the media along was emphasized

·        The need for the press to engage the NGO community was identified

·        The need to match resolutions with practical work was re-emphasized.

In his summary, Dr. Ibrahim pointed out that at the end of the colloquia, the report will be collated to be followed by a national conference. He observed that the following points came out clearly from the deliberations:

·        The Citizens must be put in the centre of the constitutional reform process. We must involve people at the grassroots in the discussions and incorporate their views and visions in the constitution.

·        We must improve our networking to include professional organisations, Trade Unions etc

·        We need to develop our information strategy and network.