Legal Clinics And Socio-Economic Rights- Legal Clinics And Socio-Economic Rights- The Street Law Approach in Ebonyi State The Street Law Approach in Ebonyi State

NigeriaNigeria

ByBy

Amari Omaka C., Amari Omaka C., Ph.DPh.DAssociate Professor of LawAssociate Professor of Law

Ebonyi State University AbakalikiEbonyi State University AbakalikiNigeriaNigeria

About EBSU Law ClinicAbout EBSU Law Clinic Ebonyi State University Law Clinic, which is the students’ Ebonyi State University Law Clinic, which is the students’

practical law firm, is under the Directorate of Clinical Legal practical law firm, is under the Directorate of Clinical Legal Education of Ebonyi State University. The University Education of Ebonyi State University. The University established the Clinical Legal Education (CLE) programme in established the Clinical Legal Education (CLE) programme in 2005 to boost its system of law training in practical skills 2005 to boost its system of law training in practical skills development, which was hitherto nonexistent in Nigeria. development, which was hitherto nonexistent in Nigeria.

Ours is an in-house life client clinic and street law modeled. Ours is an in-house life client clinic and street law modeled.

We are generally active in environmental justice, public We are generally active in environmental justice, public interest and street law programmes. We also render interest and street law programmes. We also render probonoprobono client service, but with specialisation in prison/criminal justice client service, but with specialisation in prison/criminal justice administration. administration.

The introduction of CLE has made positive impact not just to The introduction of CLE has made positive impact not just to the students but also to the university and its immediate the students but also to the university and its immediate communities. The clinic is fast developing and making it rank communities. The clinic is fast developing and making it rank among the best five in Nigeria. Students trained under the among the best five in Nigeria. Students trained under the clinic have won laurels at national competitions and excelled clinic have won laurels at national competitions and excelled at the Nigerian Law Schoolat the Nigerian Law School

IntroductionIntroduction

This presentation focuses on ways This presentation focuses on ways Ebonyi State University Law Clinic Ebonyi State University Law Clinic promotes social and economic rights, promotes social and economic rights, such as the right to education, such as the right to education, health, food, social security, health, food, social security, employment, social welfare, etc. employment, social welfare, etc. through her street law and through her street law and community outreach programmes.community outreach programmes.

Objectives of the ProjectObjectives of the Project In view of the enormous wealth available to the In view of the enormous wealth available to the

government of the Federal Republic of Nigeria government of the Federal Republic of Nigeria which does not translate to a better condition of life which does not translate to a better condition of life for an average Nigerian; for an average Nigerian;

In view of the copious socio-economic welfare In view of the copious socio-economic welfare provisions in the Constitution of the Federal provisions in the Constitution of the Federal Republic of Nigeria which, is seen as non-justiciable Republic of Nigeria which, is seen as non-justiciable and therefore cannot be enforced by aggrieved and therefore cannot be enforced by aggrieved Nigerians when these socio-economic entitlements Nigerians when these socio-economic entitlements are not provided;are not provided;

The EBSU Law Clinic organized an ongoing The EBSU Law Clinic organized an ongoing street law/ advocacy programme on socio-street law/ advocacy programme on socio-economic rightseconomic rights

Objectives contd.Objectives contd. The EBSU Law Clinic street law programme on socio-The EBSU Law Clinic street law programme on socio-

economic rights is specifically aimed at: economic rights is specifically aimed at:

1. Sensitising the common man on the constitutionally 1. Sensitising the common man on the constitutionally provided state policy on social welfare through street law provided state policy on social welfare through street law and community outreach programmes.and community outreach programmes.

2. Inform rural Nigerians on the existence of these provisions 2. Inform rural Nigerians on the existence of these provisions in Nigerian constitutions. in Nigerian constitutions.

3. Advocate for the judiciability of these provisions in 3. Advocate for the judiciability of these provisions in Nigerian courts; and ultimately,Nigerian courts; and ultimately,

4. Empower rural Nigerians and make them productive 4. Empower rural Nigerians and make them productive through self-help projects and issues that address their through self-help projects and issues that address their social, food and health safety. social, food and health safety.

Understanding the ConceptsUnderstanding the Concepts (a) What is Street Law?(a) What is Street Law? Street law is a legal awareness programme designed Street law is a legal awareness programme designed

to enable law students and others make school to enable law students and others make school children, prisoners, and members of communities children, prisoners, and members of communities aware of their legal rights and where to obtain aware of their legal rights and where to obtain assistance. assistance.

Street law explains to people “on the street” how the Street law explains to people “on the street” how the law affects them in their daily lives and helps people law affects them in their daily lives and helps people to understand how the law works and how it can to understand how the law works and how it can protect them. protect them.

Street law programme in Ebonyi State University Law Street law programme in Ebonyi State University Law Clinic via this programme give valuable insights into Clinic via this programme give valuable insights into social justice issues in the communities they serve. social justice issues in the communities they serve.

What are human rights?What are human rights?

Human rights are:Human rights are: ““any claims that are morally just and any claims that are morally just and

legally granted as due to a person”legally granted as due to a person” Or Or ““those conditions of social life without those conditions of social life without

which, no man can seek in general to be which, no man can seek in general to be himself or at his best”himself or at his best”

Or Or ““those rights or claims that are inherent in those rights or claims that are inherent in

man”. man”.

According to the author, The Helsinki According to the author, The Helsinki Act defines human right as Act defines human right as ““the right to be free from governmental the right to be free from governmental

violations of the integrity of the person; violations of the integrity of the person; the right to the fulfillment of such vital the right to the fulfillment of such vital needs as food, shelter, health care and needs as food, shelter, health care and education, and the right to enjoy civil education, and the right to enjoy civil and political liberties…. I.e. basic claims and political liberties…. I.e. basic claims of humans by virtue of his or her of humans by virtue of his or her humanness”humanness”

(b) What are Socio-Economic (b) What are Socio-Economic Rights?Rights?

These are rights and life-sustaining entitlement to These are rights and life-sustaining entitlement to persons as guaranteed by law. persons as guaranteed by law.

They include social welfare, cultural and religious They include social welfare, cultural and religious liberty, healthcare provision, education and liberty, healthcare provision, education and eradication of illiteracy, employment, food security, eradication of illiteracy, employment, food security, social security, employment, Social Justice ,rights etc. social security, employment, Social Justice ,rights etc.

They are life-enhancing rights, which will enable They are life-enhancing rights, which will enable individual citizens make useful contribution to the individual citizens make useful contribution to the advancement, progress and well-being of the advancement, progress and well-being of the community where he resides including protection of community where he resides including protection of children, young persons and provision/protection of children, young persons and provision/protection of the vulnerable against any exploitation whatsoever, the vulnerable against any exploitation whatsoever, and against moral and material neglect. and against moral and material neglect.

Socio-Economic Provisions of CFRNSocio-Economic Provisions of CFRN

In summary the part II of the CFRN has In summary the part II of the CFRN has made copious provision touching the made copious provision touching the lives and well being of ordinary Nigerians lives and well being of ordinary Nigerians in the areas social welfare, health, in the areas social welfare, health, education, employment, social security, education, employment, social security, etc. etc.

Yet not much is done to bring this to Yet not much is done to bring this to reflect in the lives of the common man. reflect in the lives of the common man.

Socio-Economic Rights & Nigerian Socio-Economic Rights & Nigerian ConstitutionConstitution

By the provisions of section 14(1) CFRN, it is also the duty By the provisions of section 14(1) CFRN, it is also the duty of government to conform to, observe, apply & protect the of government to conform to, observe, apply & protect the socio-economic ‘rights’ & the fundamental principles of socio-economic ‘rights’ & the fundamental principles of democracy, social justice, & the security/ welfare of the democracy, social justice, & the security/ welfare of the people.people.

It also provided that the security and welfare of the people It also provided that the security and welfare of the people should be the primary purpose of government- S.14(2)(b). should be the primary purpose of government- S.14(2)(b). And that the government shall control the national And that the government shall control the national economy in such manner as to secure the maximum economy in such manner as to secure the maximum welfare, freedom & happiness of every citizen on the basis welfare, freedom & happiness of every citizen on the basis of social justice & equality of status & opportunity- S.16(1)of social justice & equality of status & opportunity- S.16(1)(b).(b).

Ensure that suitable & adequate shelter, suitable & Ensure that suitable & adequate shelter, suitable & adequate food, reasonable minimum living wage, old age adequate food, reasonable minimum living wage, old age care & pensions, & unemployment, sick benefits & welfare care & pensions, & unemployment, sick benefits & welfare of the disabled are provided for all citizens- S.16(1)(b)..of the disabled are provided for all citizens- S.16(1)(b)..

Non-justiciability of Part II CFRN Non-justiciability of Part II CFRN containing socio-economic provisionscontaining socio-economic provisions

Unfortunately, and despite the above Unfortunately, and despite the above social welfare provisions, s. 6(6)(c) of social welfare provisions, s. 6(6)(c) of CFRN ironically provides that:CFRN ironically provides that:

““The judicial powers vested in accordance The judicial powers vested in accordance with the foregoing provisions of this section with the foregoing provisions of this section shall not …, extend to any issue or question shall not …, extend to any issue or question as to whether any act of omission by any as to whether any act of omission by any authority or person or as to whether any law authority or person or as to whether any law or any judicial decision is in conformity with or any judicial decision is in conformity with the Fundamental Objectives and Directive the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II Principles of State Policy set out in Chapter II of this Constitution” of this Constitution”

Non-justiciabilityNon-justiciability

In other words,In other words, failure by the failure by the government to provide these social government to provide these social welfare shall not be challenged by welfare shall not be challenged by any person (s) or contestable in a any person (s) or contestable in a court of law.court of law.

Grand Rationale Grand Rationale

Thus, the crux of this presentation is to Thus, the crux of this presentation is to share our ideas on delivery of socio-share our ideas on delivery of socio-economic, health and welfare services to economic, health and welfare services to the common man through street law the common man through street law programme and clinic outreaches. programme and clinic outreaches.

By so doing, other clinics will learn from By so doing, other clinics will learn from our experiences.our experiences.

We also hope that through this We also hope that through this presentation we shall get information from presentation we shall get information from panelist/participants that will help us do panelist/participants that will help us do better in our law clinic.better in our law clinic.

EBSU law Clinic & implementation EBSU law Clinic & implementation of socio-economic rightsof socio-economic rights

Ebonyi State University Law Clinic has Ebonyi State University Law Clinic has been sensitising the poor and ignorant been sensitising the poor and ignorant masses on how to insist on the masses on how to insist on the implementation of these social welfare implementation of these social welfare policies by government policies by government

We have been advocating for making We have been advocating for making these social policies fundamental rights these social policies fundamental rights that are enforceable in courts of law in that are enforceable in courts of law in Nigeria.Nigeria.

The Target GroupsThe Target Groups

•• Schools Schools •• Rural dwellersRural dwellers •• Markets Markets •• Churches and worship centresChurches and worship centres •• Rural communitiesRural communities •• The illiterateThe illiterate

MethodologyMethodology Students write letters to target groups booking Students write letters to target groups booking

appointmentappointment Students seek audience with school and Students seek audience with school and

community headscommunity heads Students are divided into groups to visit different Students are divided into groups to visit different

target groupstarget groups Students prepare their lesson plansStudents prepare their lesson plans Students teach/sensitise/share models of insisting Students teach/sensitise/share models of insisting

on the socio-economic rights on appointed dayson the socio-economic rights on appointed days Receive feedback, questions Receive feedback, questions Students respond Students respond Students write their reportsStudents write their reports Students are assessed for academic creditStudents are assessed for academic credit

International Instruments and RightsInternational Instruments and Rights

Tehran 1968Tehran 1968 ““Since human rights and fundamental Since human rights and fundamental

freedoms are indivisible, the full freedoms are indivisible, the full realization of civil and political liberties realization of civil and political liberties without the enjoyment of economic, without the enjoyment of economic, social and cultural rights is impossible”social and cultural rights is impossible”[1][1]..

[1][1] First World Conference on Human Rights, Teheran First World Conference on Human Rights, Teheran Iran 1968.Iran 1968.

Vienna 1993Vienna 1993 ““All human rights are universal, All human rights are universal,

indivisible, interdependent and indivisible, interdependent and interrelated. The international interrelated. The international community must treat human rights community must treat human rights globally in a fair and equal manner, globally in a fair and equal manner, on the same footing and with the on the same footing and with the same emphasis”same emphasis”[1][1]

[1][1] Vienna Declaration and Programme of Action - product Vienna Declaration and Programme of Action - product of the 1993 World Conference of Human Rights, para 5.of the 1993 World Conference of Human Rights, para 5.

UNGA 1977UNGA 1977 ““All human rights and fundamental freedoms are All human rights and fundamental freedoms are

indivisible and interdependent, equal attention indivisible and interdependent, equal attention and urgent consideration should be given to the and urgent consideration should be given to the implementation, promotion and protection of both implementation, promotion and protection of both civil and political rights and economic, social and civil and political rights and economic, social and cultural rights. cultural rights.

The full realization of civil and political rights The full realization of civil and political rights without the enjoyment of economic, social and without the enjoyment of economic, social and cultural rights is impossible; the achievement of cultural rights is impossible; the achievement of lasting progress in the implementation of human lasting progress in the implementation of human rights is dependent upon sound and effective rights is dependent upon sound and effective national and international policies of economic national and international policies of economic and social development”and social development”[1][1]..

[1][1] UNGA Resolution 32/130 of 1977.UNGA Resolution 32/130 of 1977.

Taking the law to the streets: Taking the law to the streets: picture speak!picture speak!

Note: Note: About 20 pictures of our street law activities would be About 20 pictures of our street law activities would be

shown on presentationshown on presentation

Interaction Interaction

Brainstorming/Group discussion/ActivityBrainstorming/Group discussion/Activity

1.1. Suggest ways law clinicians can Suggest ways law clinicians can make Part 2 of Nigerian Constitution make Part 2 of Nigerian Constitution justiciable in view of the provisions of justiciable in view of the provisions of s.6(6)(c) of CFRN.s.6(6)(c) of CFRN.

In other words, how can law clinics In other words, how can law clinics empower, stand up and insist on the empower, stand up and insist on the implementation of these socio-implementation of these socio-economic rights?economic rights?

Interactive activity contd.Interactive activity contd. 2.2. Do your countries have similar non-Do your countries have similar non-

justiciable provisions and what is the attitude of justiciable provisions and what is the attitude of the courts in your country with regards to such the courts in your country with regards to such policies?policies?

3. “The historical marginalisation of economic, 3. “The historical marginalisation of economic, social and cultural rights (ESCR) has led in many social and cultural rights (ESCR) has led in many quarters to doubts about their status as rights quarters to doubts about their status as rights properly so called. Lawyers sometimes confuse the properly so called. Lawyers sometimes confuse the concept of rights with the concept of justiciability - concept of rights with the concept of justiciability - a norm which entitles a litigant to maintain action a norm which entitles a litigant to maintain action in court when the right is violated or breached”in court when the right is violated or breached”

Can rights be properly so called without Can rights be properly so called without justiciability?justiciability?

ConclusionConclusionCan civil and political rights be enjoyed without socio-economic rights Can civil and political rights be enjoyed without socio-economic rights

guaranteed?guaranteed? These doubts on the rights bearing nature of ESCR have in These doubts on the rights bearing nature of ESCR have in

many instances rendered the justiciable rights in Chapter 4 many instances rendered the justiciable rights in Chapter 4 of the Constitution hollow. Adopting Justice Bhagwatti’s of the Constitution hollow. Adopting Justice Bhagwatti’s postulations in postulations in Minerva Mills ltd v Union of IndiaMinerva Mills ltd v Union of India[1[1]], it is , it is stated: stated: To the large majority of people who are living in

almost sub-human existence in conditions of abject poverty and for who life is one long unbroken story of want and destitution, notions of individual freedom and liberation, though representing some of the most cherished values of a society would sound as empty words bandied about in the drawing rooms of the rich and well to do and the only solution for making these rights meaningful to them was to re-make the material conditions and usher in a new social order where socio economic justice will inform all institutions of public life so that the preconditions for fundamental liberties for all may be secured.

[1][1] 1980 AIR SC1980 AIR SC

Wrap upWrap up

We have generated a position paper We have generated a position paper and sent to Nigerian National and sent to Nigerian National Assembly for the amendment of Assembly for the amendment of Nigerian Constitution to make Nigerian Constitution to make Fundamental Objectives of State Policy Fundamental Objectives of State Policy where these ‘rights’ are entrenched where these ‘rights’ are entrenched legally enforceable in Nigerialegally enforceable in Nigeria

We are waiting!We are waiting!