The Centre for Democracy and Development (CDD)/ Partnership for Advocacy and Civic Education (PACE) Working Group on Socio-economic rights met in Lagos on 23^rd July 2003. The Working Group on Socio-Economic Rights is one of the Working Groups set up to increase the engagement of Civil Society Organisations in constitutional reform to advocate for a comprehensive review of the 1999 Constitution. The other working groups are those on security, citizenship, fiscal federalism, independent commission, gender and national conference.

• The 1999 Constitution declares the security and welfare of the people as the primary purpose of government.

• The security of the people goes beyond physical maintenance of life to include food security, health security, social security and freedom from want.

• Human rights are essential for the maintenance of the security and welfare of the people and cannot be divided or separated.

• Although the 1999 Nigerian Constitution makes provision for civil and political rights as well as economic, social and cultural (ECOSOC) rights, there are no provisions for judicial enforcement of the latter.

• There are three layers of obligation with respect to the question of the duties of the State in matters of economic, social and cultural (ECOSOC) rights: obligations to respect, protect and fulfil. The obligation to respect requires states to refrain from interfering with the enjoyment of ECOSOC rights; obligation to protect requires states to prevent violations of such rights by third parties and obligation to fulfil requires states to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realisation of such rights.

• Nigeria by being a party to the international covenant on ECOSOC rights has a minimum core obligation to ensure the satisfaction of at the very least, minimum essential levels of each of the ECOSOC rights necessary to sustain life and human dignity.

• The reasons why ECOSOC rights should be made judicially enforceable include among other things the need to harmonise Nigeria’s national and international obligations; reflect the wishes and aspirations of the people; set priorities for the leaders; develop jurisprudence and stop underdevelopment and marginalisation.

• The move by the federal Government to single out the local government for reform is diversionary, retrogressive and a possible democratic reversal on the gains that have been made over the years on local governance.

 

• The ECOSOC rights recognised in chapter two of the 1999 Nigerian Constitution should be transferred to chapter four on fundamental human rights thereby making them judicially enforceable.

• The 1999 Constitution should be comprehensively reviewed to make adequate provisions for the right to adequate housing, right to health, right to work, right to education, right to a clean and healthy environment, right to social security, spousal rights, women’s rights, elderly rights, rights of the child, rights of the disabled, right to expose corruption and the right of every citizen and legal person to a standing to sue any authority or person upon any allegation of the violation of the constitution.

• The Freedom of Information Act before the National Assembly should be passed without further delay to promote freedom of the press and access to information in the country.

• Civil Society Organisations should engage more in networking, public enlightenment, mass action, rallies, impact litigation, media advocacy and legislative advocacy on ECOSOC rights.

• The Federal Government should initiate a comprehensive review of the 1999 Constitution with the involvement of the executive, legislature, Civil Society, Labour, academics, business community, students, farmers and indeed all strata of society.

Mr. Otive Igbuzor Programme Co-ordinator, CDD	Mr. Eze Onyekpere Working Group Leader Socioeconomic Rights
Mr. Sola Fasure The Comet Editorial Board  Member of Working Group	Ms Titilope Salaam WARD C Member of Working Group