Freedom of Information and Expression: Human Rights Abuse

This document discusses the abuse of freedom of information and expression as a human rights violation. It explores the context of the abuse, applies international human rights law to the issue, evaluates UN procedural action, and suggests alternative strategies and procedures. The focus is on Nigeria.

Freedom of information
and expression human
right abuse

Table of Contents
Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Describe the Abuse and its context.............................................................................................1
State and Apply international human rights law to abuse...........................................................5
Describe and evaluate UN procedural action and what further actions can be taken.................8
Describe and evaluate complementary and alternative strategies and procedures.....................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Freedom of expression and speech usually get recognised as per common limitation and
absolute limitations that is related to slander, libel, sedition, obscenity, incitement, fighting
words, copyright, violation and many other prospect as well. The police regulatory commits
about human right violations that also being consist of unlawful killings, ill treatment, torture and
other enforced disappearance within which justice system is pertained under riddled and
resourced with delay (Donnelly and Whelan, 2020). On the other hand, human right abuse is
processed the basic right through which people get treated with better way. Everyone has an
absolute right of freedom as well as to express and generate accurate opinion that hold suitable
opinion which seek the direct impart over idea and thought generation in regardless of frontiers.
There are different sections that are causes violation of human right and consist of armed
conflicts, economic factors, government behaviour and psychological factors as well. The report
below is based on human right abuse, international human right law, UN procedural action and
complementary as well as alternative strategies, procedure and offered reasoned within Nigeria.
MAIN BODY
Describe the Abuse and its context
Abuse is related to the problem which is also be associated with domestic violence that is
processed within Nigeria and in many part of Africa as well. The deep down culture of Nigeria is
basically get accepted by the society to hit its women’s. It is also get widespread as per reflecting
no signs about lessening. It is related to various aspects such as in form of physical, sexual,
mental and emotional context (Michener, and Worthy, 2018). In addition, as per relation to
traditional approach domestic violence is usually dependent or in against of females. There is
more common form of violence that is filled against women such as rape, molestation, acid
attacks, corporal punishment and wife beating as well. Abuse is basically in form of reality as
from which children, women and many other fractions get affected. As about six out of ten
children has been victimized of sexual orientation and its belief. The key drivers of (VAC) as
violence against children get rotted with concern of social norm through which violence against
women, children, community get belief about the enhancement of children’s vulnerability. The
female genital still get lowers in rate through which larger population undergone with certain
prevalence which is being facing continuous drop (Torremans, 2020). In order to prevent that
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adequate solution is offered within which child protection act and programmed is established that
is perceived with the aim to prevent direct and clear response towards children intervention. It is
designed and developed for the children those are victimized of risk from abuse, neglecting,
violence and exploitation through which protection system is strengthened for children’s. It is
dependent as per context of humanitarian and with this key minister and its other partner ensure
the children to protect them from varied risk with is referred to specialized services (Meyers,
2016). Human abuse is an improper usage or treatment of a thing, often to unfairly or improperly
gain benefit. Human abuse can come in many forms, such as physical or verbal maltreatment,
injury, assault, violation, rape, unjust practices, crimes, or other types of aggressions.
Where human abuse occurs
A new report by the united nations children's fund, UNICEF says the majority of
Nigerian children suffer violent abuse. The report says that for some kids, the abuse starts before
their fifth birthday. Nigeria has been struggling with numerous security crises in recent years,
including an insurgency by Islamist Boko Haram militants in the north-east and clashes between
farmers and herdsmen in its north -central middle belt. But Harvey says the survey was intended
to show the violence against children extends beyond these areas. '' the purpose of this survey
was to bring to the spotlight that violence against children is not just happening in conflict -
affected areas, it’s happening in communities, in homes, it's not someone else problem, it's really
everybody problem. Harvey says the abuse become ''cyclical'' children suffer abuse often grow
up to abuse their partners (Ubelaker, Shamlou, and Kunkle, 2019).
Experience of pregnant women; pregnant women experience high level of domestic
violence in Nigeria. They are subject to violence not only from their spouses, but also from them
in laws. In a study, they found that the most common type of domestic violence was to be
physically assaulted, overall the trends of domestic violence against pregnant women permeate
across different ethnic groups and Nigerian states. The trends that are consistent with other parts
of Africa and the attitudes towards violence against pregnant women are in conjunction with the
aforementioned trend viewing domestic violence as permissible under certain circumstances
(Prabhakaran, Waseem, Akiwowo, and Vidgen, 2020).
Experience of HIV infected women; In Nigeria, there is a correlation between being
infected with HIV and domestic violence. Women who are diagnosed with HIV are at high risk
for intimate partner violence. With HIV, there is also a tendency to stay in abusive relationships.
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In a study of 652 HIV positive pregnant women in Lagos,429 women reported being the victims
of violence. Of those reporting violence,74% of the respondents said the abuse occurred after the
disclosure of HIV status.
How human abuse occurs: They include abandonment of normal infants by unmarried
or very poor mothers in cities, increased child labour and exploitation of children from rural
areas in urban elite families, and abuse of children in urban nuclear families by childminders.
Unfortunately, it is a largely accepted fact that abused and neglected children are at higher risk
for lower academic achievement (Macias-Konstantopoulos, 2016). This studies show that
children who have suffered from neglect exhibit lower academic achievements children's where
physically abused. In sexually abused children, cognitive ability and memory scores as well as
academic achievement are lower than their peers. There are many causes for this tragic situation.
The barriers foster children must overcome to succeed in school, include multiple school
changes, inconsistency of curriculum, lack of communication, and delays in enrolment, their
things
Why human abuse occurs: Every child despite his individual differences and
uniqueness is to be considered of equal worth. He should therefore be entitled to equal social,
economic, civil and political right, so that he may fully realise his inherent potential and share
equally in life, obviously, these values are rooted in the humanistic philosophy of any nations
declaration of independence (Keen, Georgescu, and Gomes, 2020). In accordance of with these
value premises. Institution or the society as a whole, and any condition which deprive children of
equal rights and liberties and interfere with their optimal development, constitutes by definition
abuse or neglectful acts or conditions''.
In Nigeria, the police continuously commit violations of human rights, involving torture,
unlawful killings, ill-treatment, as well as enforced disappearances. The Nigerian justice system
is riddled with delays and is under-resourced. Prisons are overfull; many of prisoners are pre-trial
detainees, and some held for many years. Many individuals remain on death row, and hundreds
of people are sentenced after unfair hearings. The lives and safety of residents threatened by
conflict in Niger Delta. Human rights protectors and the journalists face harassment and pressure
(Ginsburg, 2018). Violence against women in Nigeria is widespread and the government is not
able to defend the rights of children. In all across the nation, forced evictions take place.
Forced evictions
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Since 2000, more than two million individuals have been compulsorily evicted from their
houses, as well as hundreds of thousands more people are at risk of removal all over the nation.
Most of the people are already disregarded, and many individuals live without having any access
to adequate health care, education, clean water or sanitation. Removals are performed without
adequate notice, genuine consultation, alternative accommodation or compensation. Law
enforcement officials at times utilize force when performing evictions. They beating and injuring
the residents, involving children (Freeman, 2017).
Policing and Justice
Despite of continuous government pledges to address the issue in criminal justice system
in Nigeria, less progress has been made. There is widespread and fragrant disregard among the
Nigeria police Force for human rights as well as the due process. Individuals are subjected to
enforced withdrawals and killed by the police unlawfully before or during arrest at road blocks
or street. Various unlawful killings seen to be extra-judicial executions as well as perpetrators
usually go unpunished. In Nigeria, the crimes which are committed by police force are not
random. In nation where bribes guarantee safety of people, those individuals who cannot afford
to pay them are at high risk of tortured to death or being shot by the police. The victim's family
often cannot afford to strive for justice as they are not able to pay the fees of court or the lawyer
(Ghys, 2019).
Prisoners are continuously held through the police for lengthier in comparison to the
constitutionally guaranteed 48 hours previously being taken before a judge, frequently waiting
weeks or even months. Around 70 per cent of Nigeria's approx. 48,000 prison inmates are pre-
trial captives (NIGERIA HUMAN RIGHTS, 2021). They are frequently detained in awful
conditions, waiting longer times for trial as the system of justice in Nigeria is riddled with
delays. Captives are often deprived of their lawful right in order to see a lawyer. There are many
people who have to pay for getting medical care or food, or to avoid being tortured or abused or
otherwise ill-treated. The Nigerian Police regularly torture the suspects, involving children
(Salawu, 2016).
Conflict in the Niger Delta
Corruption, poverty as well as the presence of arms, oil and gangs make Niger delta a
volatile region. The criminal gangs and armed groups have explicitly want to control resources
as well as engage in violence acts. It leads to violent confrontations among Joint Task Force and
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armed groups. The security forces, involving military, constantly commit violations of Human
rights in Niger delta, involving torture, extra judicial execution, destruction of homes and other
ill treatment (Caswell, and Cifor, 2016).
Other concerns
The defenders and journalist of human rights face harassment and intimidation on regular
basis. They are beaten and threatened by police as well as security forces and many among them
have been killed in suspicious situations. The laws of Nigeria still administer improper protection
for right to freedom of expression. It is pervasive to violence against women involving rape,
domestic violence and other forms of violence through private individuals and state officials. The
responsible authorities constantly failed to exercise control and due diligence in addressing and
preventing sexual violence through non state and state actors, which leads to an entrenched
impurity culture. Children are regularly imprisoned with adults in prison cells. The one
functioning remand home of Nigeria was overcrowded, with around 600 children held in services
designed for 200 people. The provision of government of Nigeria for vulnerable and homeless
children is insufficient with more than one million street children all across the nation
(Bonnitcha, and McCorquodale, 2017).
The government of Nigeria took some steps in order to investigate suspected abuses,
however fewer ladders to impeach officers who committed desecrations, whether in security
forces or somewhere else in government. Exemption remained prevalent at all the levels of
administration. The Nigerian government didn’t sufficiently examine or impeach most of the key
outstanding claims of human rights defilements through the security forces or many of the police
cases or other abuse of power (NIGERIA 2018 HUMAN RIGHTS REPORT, 2018). Financial as
well as in-kind resources are provided by the Borno State government to the CJTF, which is a
nongovernmental self-defense paramilitaries who coordinated and sometimes aligned with
military in order to stop attacks contrary to civilian populations through Boko Haram as well as
ISIS-WA. The Human rights organizations as well as press reporting charged CJTF with
obligating human rights abuses. A few steps are also taking by the government in order to
investigate or punish the members of CJTF who committed abuses of human rights (Taylor,
Bradbury‐Jones, and Lund, 2019).
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State and Apply international human rights law to abuse
International human rights law applies to all situations including conflicts and emergency.
It sets out basic protections which all the people are entitled to. States are responsible to respect,
and sure as well as fulfil these rights. It is the body of international law which is intended to
promote as well as protect the rights of humans at domestic and international levels. Application
of this law is helpful in the situation of Human rights abuses in Nigeria. It helps in promoting
and protecting the rights of humans. The international human rights law is made up of treaty
legislation - legally binding agreements among state parties - as well as customary international
legislation - in which the rules of legislation derived from constant state practice (Donnelly, and
Whelan, 2020). While customary law and international treaties legislation form mainstay of
International Human rights legislation, another instruments like principles adopted, declarations
and guidelines at international level contribute to its development and execution. The
enforcement of law can happen at either International or at domestic level. States that ratify the
treaties of Human rights committee to protecting, respecting as well as fulfilling those rights and
make sure that domestic legislation is compatible with the international standards. In case when
domestic law fails to administer solution for human right abuses, the wounded parties might be
able to take support from international mechanisms for remedy (Osler, and Starkey, 2017).
Since the drafting of Universal Declaration of Human Rights in 1948, the modern
International Human Rights legislation has developed. it is drafted as a common standard of
accomplishment for all individuals as well as Nations. It spells out economic, cultural, political,
civil and social rights which all the people are entitled to. The law has been accepted widely as
administering fundamental norms of Human Rights which everyone must protect and respect.
The International Covenant on Civil and Political rights as well as its two optional protocol,
together with UDHR and international covenant on economic, social and cultural rights develop
International bill of human rights (Shin, and Shin, 2020). A series of international treaties of
human rights as well as other instruments have been adopted discussing legal form on intrinsic
human rights and formulating the body of international human rights further. These involves:
 The Convention Relating to Status of Refugees (CSR);
 The Convention on Prevention and Punishment of Crime of Genocide (CPCG);
 The International Convention for Protection of All Persons from Enforced Disappearance
(ICCPED).
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 The Convention on Elimination of All Forms of Racial Discrimination (CERD);
 The Convention on the Rights of the Child (CRC);
 The United Nations Convention Against Torture (CAT);
 The International Convention on Protection of the Rights of All Migrant Workers and
Members of their Families (ICRMW);
 The Convention on Elimination of All Forms of Discrimination Against Women
(CEDAW);
 The Convention on Rights of Persons with Disabilities (CRPD);
International human rights legislation advises obligations that countries are bound to respect.
By approval of international human rights treaties, the governments start to put into place the
legislation and domestic measures compatible with the treaty obligations (Sriram, Martin-Ortega,
and Herman, 2017). Through becoming parties to the international treaties, nations assume
responsibilities as well as duties under the international legislation to protect, respect, and fulfil
human rights.
In terms of international human rights in Nigeria, there are been regular violations which
involve unlawful killings, torture as well as ill-treatment too. To provide justice it gets delayed.
There are around thousands of people who led to death due to this many conflicts got arise. In
terms of Nigeria Delta people's safety was a major threat. Those people who were against the
abuse and violations they were facing harassment. Mainly the violence was done on women as
well as children and the government got failed while protecting them. In context with
international human rights with respect to abuse it is further been explained as below:- Policing and Justice:- In Nigeria there were many problems in terms of criminal justice
system and in that context very less progress was been made. People were getting killed
by police even before arresting them and during that specific period of time also. The
people who are not able to pay money were not at all safe and they were directly been
committed to death (Oluwaleye, 2021). Communal conflict:- In terms of this conflict in Nigeria the incidents were happening on
continuous basis and they were all in relation with violence. The people were getting
killed due to many attacks that city was providing. In Nigeria the investigation with
respect to all crimes been done was not been adequate and no one took the responsibility
to tackle all abuse. In context with Boko Haram it was a threat and risk to safety of all
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residents. He has taken responsibility for many attacks whose main target was police and
religious leaders.
 Conflict in Niger delta:- It refers to conflict and violence due to poverty and corruption
been done. There were many type of violations been done between armed groups and
Joint task force. The military people make use of their human rights to avoid such
violations (Nelson and Abikoye, 2019).
There are many human rights law with respect to discrimination, society abuses as well as
trafficking in Persons. It is been explained as below:- Rape and domestic violence:- In terms of the Violence against persons prohibition act it
determines sexual violence, harmful traditional practices and many more. It provides
penalties for conviction been done on the basis of 12 years to life imprisonment. It also
offers a public register for sexual offenders to coordinate with courts. With respect to
domestic violence it was been acceptable in whole Nigeria. In terms of national crime
victimization and safety survey analysed that around 30% of male and female
respondents were being the victims of such violence (Keen, Georgescu, and Gomes,
2020). Discrimination:- Nigeria has been providing same rights to both men and women but in
some cases women felt that they were been discriminated that on the basis of economic
rights. It is not been mentioned in any law that land cannot be owned by women but it
was been done and all land tenure systems were allowed only for men (Hassan, and
Tyvoll, 2018).
 Education:- In terms of this specific law it defines the provision of tuition-free,
compulsory education to all children. It is a law that all of them will receive career and
guidance with respect to that at every level and they well be provided lifelong learning
but even during this law discrimination was been done in context with female
participation.
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