BY
HON. SAMSON R OSAGIE, Ph.D.
AT A TWO DAY CAPACITY BUILDING PROGRAM FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES COMMITTEE ON DIASPORA ON WEDNESDAY 15TH OF SEPTEMBER, 2021 AT FRAISER’S SUITES, CENTRAL BUSINESS DISTRICT, ABUJA.
HUMAN RIGHTS AND DIASPORA COMMUNITIES- ROLE OF LEGISLATORS IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS OF NIGERIANS IN THE DIASPORA BEING PAPER DELIVERED
BY
HON. SAMSON R OSAGIE, Ph.D. AT A TWO DAY CAPACITY BUILDING PROGRAM FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES COMMITTEE ON DIASPORA ON WEDNESDAY 15TH OF SEPTEMBER, 2021 AT FRAISER’S SUITES, CENTRAL BUSINESS DISTRICT, ABUJA.
PREAMBLE:
At a time when living in Nigeria has become very difficult, with many Nigerians particularly the younger population scampering for avenue to jet out to other nations of the world for search of greener pastures, no other subject matter can be most appropriate than the theme of this paper- human rights and diaspora communities: role of the legislature in the promotion and protection of human rights of Nigerians in diaspora.
One may like to ask a few questions to agitate our minds on this all important topic.
1. First, What contributions to national development do Nigerians in diaspora make to our economy?
2. Why is it important to have the legislature promote and protect the rights of Nigerians in diaspora
3. What is or what should be the focus of the Nigerian legislature and indeed Nigerian government vis a vis the citizens of this country in diaspora
1. CONCEPTUAL CLARIFICATIONS
But permit me to do some conceptual clarifications on some terms before attempting answers to the posers above.
1.1 HUMAN RIGHTS
A. What are Human Rights?
Human rights are the basic rights and freedoms that belong to every person in the world from birth until death. These basic rights are based on shared values likely dignity, fairness, equality, respect and independence and they are usually protected by human laws be it municipal or International Law.
In Nigeria, human rights have received constitutional recognition as contained in Chapter Four (Sections 33 to 43) of the Constitution of the Federal Republic of Nigeria 1999( as amended).They include the right to life, right to dignity of human person, right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of expression and the press, right to freedom from discrimination and right to acquire and own immovable property anywhere in Nigeria.
These rights are inviolable in that the Constitution gives anyone the right to apply to a high court of law to seek redress in the event of a violation or threat of violation of any of his rights. (Section 46).
International Human Rights Law lays down obligations which states are bound to respect by becoming parties to international treaties. Thus, States assume obligations and duties under international law to respect, protect and fulfill human rights.
The United Nations Charter, The International Bill of Human Rights, The Universal Declaration of Human Rights,1948, The International Covenant on Economic, Social and Cultural Rights 1966 and the International Covenant on Civil and Political Rights 1966, Optional Protocol to the International Covenant on Civil and political rights, Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty, The core International human rights instruments , Universal Human Rights Instruments, etc are some of the sources of International human rights Laws that seeks the protection of the rights that are inherent to the human persons as global citizens.
The Universal Declaration of Human Rights adopted on 10th December, 1948 by Resolution 217 of the United Nations General Assembly enshrines the rights and freedoms of human beings. As an international and foundational text in the history of Human and Civil rights, it detailed the basic rights and fundamental freedoms of citizens and affirmed their universal character as inherent, inalienable and applicable to all human beings.
What are the types of Rights there are?
As with Municipal and International Human Rights Law, rights have been classified into Economic, Social, Cultural, Civil and Political Rights.
Examples abound of the categories of Economic, Social and Cultural rights. They include the right to work in a safe environment for a fair wage, the right to access medical care, including mental health care; the right to accessible education, the right to adequate food, clothing, and housing, the right to affordable sanitation and clean water, the right to take part in cultural life, the right to enjoy the benefits of scientific progress and the right to social security. The States are expected to protect these rights as inviolable and sacrosanct except in special circumstances prescribed by law.
The International Covenant On Economic, Social and Cultural rights established in 1976 and the Convention on the Tights of a Child are made to protect Economic, Social and Cultural rights.
On the other hand, Civil and Political rights require that people must be allowed to participate freely in Civil and political life without facing discrimination and repression. They include right to life, which is violated by actions like death by torture, neglect, and use of force, right to freedom of expression which is violated by restricting access to ideas and limiting press freedom, right to privacy, right to asylum, right to fair trial and due process, freedom to religion, freedom from discrimination etc.
All these are basic human rights intended to enable the citizens enjoy their privilege of being citizens without any let or hindrance. They are supposed to have no limitations in time and space except in circumstances where the citizens themselves violates the law.
1.2: DIASPORA COMMUNITIES
According to Meriam Webster Dictionary “diaspora means a group of people who live outside the area in which they had lived for a long time or in which their ancestors lived.”
From www.yourdictionary.com the definition of a diaspora is the dispersion of people from their homeland or a community formed by people who have exited or been removed from their homeland. An example of a diaspora is the 6th century exile of Jews from outside Israel to Babylon. … A group so dispersed, especially Jews outside of the land of Israel.
What then is a diaspora Community or Communities?
“Any community of people from the same country or region living in another country (or countries). They are considered a community if they consciously collaborate on basis of their belonging to the same country or region of origin.
This term refers to a community of people who live outside their shared country of origin or ancestry but maintain active connections with it. A diaspora includes both emigrants and their descendants”
Today, people from all races, tribes, cultural backgrounds, trades and professions have become members of the diaspora communities all over the world. And the basic motivation for people leaving their original homeland to foreign lands is more of economic than any other factor.
Now let’s focus on our own Nigerians in the diaspora. According to the Chairman, Nigerians In Diaspora Commission (NiDCOM)
“We have found out that there are currently about 15 million Nigerians in the Diaspora” Yes, these are the Nigerians whose rights in the global arena that we are here to talk about.
It is important to underscore the fact that Nigerians in Diaspora have become a veritable community for the social and economic development of their hosts countries and indeed their native country- Nigeria. To that extent regardless of their abode they are supposed to enjoy their fundamental human rights as global citizens by virtue of the various international declarations, conventions, treaties and protocols to which both their host nations and native country are signatories. These rights be it social, economic, cultural, civil or political are supposed to be inalienable to each and every one of them in order that they may enjoy their humanity as with the aborigines of their host countries.
Nigeria is a member state of the United Nations and a signatory to the Universal Declaration on Human Rights 1948 likewise most of Asia, North America, United Kingdom, Europe, Middle east, the Caribbeans , United States of America and African countries where diasporan Nigerians are domiciled. It therefore means that our Diasporan citizens are entitled to the protection of their fundamental human rights in countries where they live.
In asserting the inviolability of the rights of Nigerians in other nations, this important to examine the Foreign policy Of the Nigerian government as been conducted by the Country’s Ministry of Foreign Affairs and the Legislative tools of the Nigerian Legislature – the National Assembly- in dealing with the issues of human rights violations against Nigerian citizens abroad.
It is no longer news that Nigerians abroad have suffered huge level of human rights abuses arising from racism, stereotyping, unfair trial, prosecution and sometimes unlawful arrest and incarceration. To be candid though, our citizens abroad have come under intense criticisms for been responsible for the kind of treatment they get sometimes in their host countries in that some of them embarked on purely criminal enterprises like drug and human trafficking, internet fraud, immigration offences and outright stealing and robbery in some cases. Yes, no objective analyst can deny the prevalence of some of those unwholesome conduct of some of our nationals abroad but the preponderance of responsible and sought after professionals among Nigerian diaspora communities across the globe is enough evidence to warrant unqualified guarantee of the fundamental rights of Nigerians abroad.
Nigerian government have endeavored to pursue the enthronement of a secured nation devoid of international terrorism, guarantee a corrupt free country while reaching out to nations office of the world to repatriate monies stolen and stashed away in foreign banks and at the same time working with both regional and global financial institutions to revamp the nation’s economy. This three pronged objectives is the domestic basis of the foreign policy thrust of Buhari’s administration and has led it to enter into bilateral and multilateral negotiations, agreements and diplomatic relations with a number of countries. The whole idea is to make the country a better governed nation for its citizens globally to be proud of and to earn respect from others nations.
Although, these efforts haven’t yielded the desired result, it remains to be seen other very definite efforts at projecting and protecting the images of the nation. We were lucky to have a Nigerian elected recently as the DG of their World Trade Organization thus lifting the Nigerian image in the world economic matrix.
Perhaps most outstanding is the establishment of the Nigerian in Diaspora Commission(NIDCOM) headed by Hon Abike Dabiri, a former member of the House of Representatives and pioneer Chairperson of the House Committee on Diaspora Matters.
Now, let’s look at to the questions raised at the beginning of this discussion.
2.0: WHAT CONTRIBUTIONS TO NATIONAL DEVELOPMENT DO NIGERIANS IN DIASPORA MAKE TO OUR ECONOMY?
As earlier hinted Nigerians in diaspora have become a major bulwark in their contributions to the Nigerian economy. From a research conducted by PriceWaterhouseCooper in 2017 alone over 1.24 million Nigerians migrated out of Nigeria with the figures increasing yearly. As a result, “Nigeria account for over a third of migrants remittance flow to sub-saharan Africa. PwC estimated that these flows amounted to US $23.63billion (2017-US$22 billion) in 2018 and represent 6.1% of Nigeria’s Gross Domestic Product (GDP)”
To underscore the significance of diaspora remittances to the Nigerian economy, by 2017 it was 7.4 times larger than the net official development assistance (foreign aid) received by the country to the tune US3.4billion. The PcW had estimated that by 2021 and 2023 diaspora remittances could hit US 25.8 billion and US34.8 billion respectively. This is by no means a huge contribution and any nation with this advantage ought and must endeavor to evolve strategies of not only to ensure good governance but also evolve diplomatic and Legislative interactions with the global community that gives respect to her citizens globally.
At the end of the day we can safely maintain that Nigerians in diaspora contribute significantly to national economic Development.
2.1: WHY IS IT IMPORTANT TO HAVE THE LEGISLATURE PROMOTE AND PROTECT THE RIGHTS OF NIGERIANS IN DIASPORA?
The Nigerian Legislature otherwise called the National Assembly is empowered to make laws for peace, order and good governance of Nigeria or any part of it. (Section 4 of the 1999 Constitution (as amended).
It also has powers to provide Legislative imprimatur for the conduct of the nation’s foreign policy through the ratification of treaties entered into by the President on behalf of Nigeria (Section 12) and confirmation of appointments of Ambassadors.
By virtue of various global Legislative conventions, customs and practices the National Assembly belongs to several global legislative groupings and bodies through which it conducts Legislative diplomacy on behalf of Nigeria. For example the two chambers of the National Assembly have Committees on Parliamentary Associations like the Commonwealth Parliamentary Association, African- EU Parliamentary Union, International Parliamentary Association, The PAN African Parliament etc. Indeed, some selected members of the National Assembly are members of the ECOWAS sub regional parliament.
We must not forget that the National Assembly is made up of people elected to represent the various segments in the population of Nigeria. Consequently in discussing the necessity for the promotion and protection of the rights of Nigerians in diaspora, we are actually talking about the imperative of the parliament to protect the right of their constituents where ever and whoever they are.
Louis Fisher, an American writer in his book ” Congress: Protecting The Rights of Individuals” submitted that “Deciding the appropriate role for the Congress and its institutional ability to protect individual rights requires an appreciation of historical precedents and constitutional principles….”
Our constitution and political system of Presidential democracy is modeled after that of the United States and so the underlying principles of constitutional democracy to wit: rule of Law, Separation of powers, Checks and balances, independent judiciary and the enthronement of the fundamental human rights of the Citizens are the underlying principles that informed the framers of our constitution in entrusting the parliament with enormous Legislative powers in order to be able to serve as a bastion for the protection and promotion of the citizens rights against unfair treatment.
Now, regarding the rights of Nigerians in diaspora, granted that the National Assembly cannot make laws for host nations of Nigerian citizens abroad , there are however Legislative tools for making foreign governments to respect the citizens rights.
These tools include Lawmaking, Legislative diplomacy, Advocacy and Oversight responsibilities.
For the purpose of this subject matter on the rights of Nigerians in diaspora let me talk briefly about the Lawmaking powers of the National Assembly.
As earlier postulated, the National Assembly is the repository of the Legislative powers of the Federal government of Nigeria. It is pursuant to that function that it made the Nigerian In Diaspora Commission (Establishment etc.) Act 2017 to among other things provide for the engagement of Nigerians in Diaspora in the policies, projects and participation in the development of Nigeria and for the purpose of utilising the human capital and material resources of Nigerians in diaspora towards the overall socio-economic, cultural and political development of Nigeria and other related matters which include working with various Nigerian in Diaspora Organizations across the globe for the protection and promotion of the rights and interests of its Nigerian members. This Legislation is a watershed in the attempt to crystallize the idea of citizens diplomacy not only in ensuring National development but also in providing support for the citizens abroad.
Another instrument of Legislative promotion and protection of the interest of Nigerians in Diaspora is through Legislative Diplomacy. This is concerned with the conduct of foreign affairs from the stand point of the nation’s Legislature. Very often, we are compelled to think that only Mr President and his Foreign Affairs department is responsible for all Executive issues of foreign relations. This is the “sole organ” metaphor “and actually does not represent the practical realities of parliamentary practices.
In his article “Legislative Diplomacy” Ryan M.Scoville submitted that
“But in fact members of Congress routinely engage in communication of their own. Congress, for example, receives heads of states and maintains official contacts with foreign parliaments. And individuals members of the House and Senate frequently travel overseas on Congressional delegations to confer with foreign leaders, investigate problems that arise, promote the interests of the United States (Nigeria) and constituents and even represent the President”
This is the practice today and it has assumed a much more prolific dimension arising from the incessant complaints about the ill treatment of Nigerians in diaspora.
One practical example of this will illuminate the effectiveness of Legislative Diplomacy in assisting the protection of Nigerians in diaspora.
On the 7th of July, 2007 , as Deputy Chairman of the House of Representatives Committee on Human Rights I moved a Motion on the Gruesome Murder of a Nigerian Citizen Osamuyi Aikpitanyi by the Spanish Security operatives while he was been deported to Nigeria on board an Iberia airline. The victim was put in a sack and drugged to death. He was a Nigerian citizen of Edo State descent. The house unanimously resolved to condemn the killing and set up ad hoc committee under the Chairmanship of Senator Seriake Dickson. The committee conducted investigations into the matter and in conjunction with the Ministry of Foreign Affairs a parliamentary delegation was led by my humble self in company of the then Permanent Secretary of the Ministry of Foreign Affairs Ambassador Hakeem Baba Ahmed visited Kingdom of Spain on a diplomatic protest against the incident and press charges against the security operatives that were involved.
In the end, the Spanish authorities through their then Ambassador to Nigeria, Mr.Angel Losada apologized to the government and people of Nigeria, visited Edo State Government and the palace of the Oba of Benin, repatriated the body of the victim and pay for the funeral expenses.
Years later the security operatives in Spain who were involved were prosecuted and punished.
In a similar vein, the National Assembly had continued to employ this legislative tool together with constant advocacy against the violation of the rights of Nigerians in diaspora.
However what is certain is that the parliament, being an organ of government with little or no enforcement powers will have to synergize with the President, Ministry of Foreign Affairs, NiDCOM and the various organized NIDO groups for effective implementation of various measures to protect the rights and freedoms of Nigerians in diaspora.
3.0: WHAT SHOULD BE THE FOCUS OF THE NIGERIAN LEGISLATURE VIS-A-VIS NIGERIANS IN DIASPORA?
a. The Legislature must however deploy its oversight tool to ensure that agencies of government responsible for the conduct of external affairs for the nation performs their responsibility.
b. The challenge of inadequate funding of Nigerian missions abroad coupled with bureaucratic bottlenecks in addressing urgent issues bordering on the rights and interests of Nigerians in diaspora must be addressed
The Legislature must engage with Ministry of Finance and Foreign affairs to reverse this trend through better funding.
c. The Nigerian Legislature must continue to focus on engaging foreign Legislatures particularly of nations whose anti Nigerian/African policies have impacted negatively on the rights and interests of law abiding Nigerians with a view to making them respect International Human Rights Law which guarantees the rights of citizens.
d. The Nigerian Legislature must escalate the numerous cases of abuses of the rights of Nigerians in diaspora before International Parliamentary organizations/Associations with a view to seeking intervention on behalf of Nigerian citizens.
e. There is need for a review of existing Treaties on Human rights with a view to ratifying those that are yet to be ratified in pursuance to Section 12 of the 1999 Constitution (as amended), if there are any, to make them enforceable against their violations in relation to Nigerian citizens abroad.
f. The National Assembly should resolve by a resolution for the inclusion of fundamental human rights enforcement requirements in certain bilateral cooperation agreements emanating from states with high rates of abuses.
CONCLUSION
Nigerians in Diaspora are critical to the socio-economic development of Nigeria. The Nigerian Legislature has an abiding responsibility to improve on its Legislative engagements with government and Legislative institutions of other nations through advocacy and Legislative diplomacy in order to give confidence to Nigeria’s diasporans that the Country recognizes their impact on national development.
The Executive arm of government must seek the collaboration of the Legislature towards ensuring that treaties that guarantees basic rights for global citizens are respected by host nations of our nationals in every given situation. If need be, Nigerian government with the support of the Legislature may seek international judicial intervention in clear cases of abuses of rights of Nigerian citizens abroad.
Given the contributions of our citizens to the economy of our country and their host nations their interests and rights must be protected in much the same government (Legislature inclusive) seeks to protect rights of the citizens within the country.
REFERENCES
Arowosegbe, J.O & Akomolafe, R. J (2016): Foreign Relations Powers of National Assembly, Journals. Sagepub.com.
Ben-Naftali, O (2011): International Humanitarian Law and International Human Rights Law-Pas de Deux.
Constitution of the Federal Republic of Nigeria. 1999 (As Amended).
Louis Fisher (2016): Congress: Protecting Individual Right.
National Action for the Protection and Promotion Of Human Rights In Nigeria, 2006 https://www. Ohchr.org
PriceWaterhouseCooper: Strength from Abroad: the Economic Power of Nigeria’s Diaspora: 2017.
Rayan M.Scoville (2013): Legislative Diplomacy, Michigan Law Review Vol. 112 No. 3, 331-395 https://www.stor.org/stable/23816095.
Vanguard Newspaper, March 30, 2017.