Freedom And Human Right In African Countries, Liberia As A Case Study

FREEDOM AND HUMAN RIGHT IN AFRICAN COUNTRIES, LIBERIA AS A CASE STUDY

Abstract:

The issues of human rights and freedom are topical in most sociopolitical discourse especially in the African continent given the plethora of cases of human rights abuse and unnecessary curtailment and most times outright denial of freedom to citizens. This constitutes a serious bane to the flowering of human potentialities and the general human well-being. This anomaly has however continued unabated despite the volumes that have been written on the subjects and seminars and conferences held on the same. This paper, through the analytic and critical methods, argues that much may not be achieved until the philosophical foundation upon which these subjects rest is well articulated and appreciated. The paper equally claims that one of the ways of enhancing the respect for human rights and freedom in Africa is to recognize the symbiotic relationship between the two subjects. The paper finally argues that an integral view of human freedom/rights which recognizes not only freedom-from but also freedom-to and rights-to, is foundational for the promotion of human well-being.

 CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background of the Study

The quest for freedom and human rights has been from antiquity and has continued to the contemporary times, taking different approaches and assuming various complexities and dynamisms. This quest is itself a product of man‟s unflinching penchant for idealities and promotion of human dignity and development even in the face of the most gruesome conditions of suppression and oppression. Thus, the history of freedom and human rights is the history of human struggles against oppression and other impediments to the realization of human developments.

In view of this, volumes on the history of this struggle and the best possible means of achieving, sustaining and promoting freedom and human rights have been written by scholars, social and legal icons, activists and nongovernmental organizations (NGOs). These volumes expectedly have expressed various nuances and dynamism to the idea of the twin concepts of freedom and human rights. The relevance of these concepts to any legal system or justice system for the establishment of a social order requisite for human flourishing and development cannot be overemphasized thus the reason for the much attention they have received and will continue to receive. Herein lays the relevance of a philosophical contribution to and exposition on the concepts – freedom and human rights.

As philosophical as possible, there is need to raise some fundamental questions about the ideas of freedom and human rights. Such questions are: what is the meaning and nature of freedom? Is freedom possible? What are the possible obstacles to the realization of human freedom? What is the meaning and nature of human rights? Are humans entitled to rights? Can human rights be inalienable and absolute? What are the possible and actual obstacles to the realization and protection of human right ideals? What is the relationship between freedom and human rights? The focus of this paper is therefore to provide answers and further reflections on the above questions. This paper is thus divided into seven sections namely: introduction, meaning and nature of freedom, obstacles to the realization of human freedom, meaning and nature of human rights, obstacle to the realization and protection of human rights, relationship between freedom and human rights and conclusion.

1.2 Statement of Problem

Principal statement of problem in this research is that in Africa there is gross and massive violation of people‟s right which  have led to total lost of individual freedom. Since Freedom and human right are essential commodities in continuous human existence, this research paper intends to provide answers to the following questions:

1.3 Research Questions

1. What is the nature and meaning of freedom?
2. What is the nature and meaning of human right?
3. What are the limitations of freedom and human right in Africa?
4. What is the relationship between Freedom and human right?
5. What are the mechanisms put in place for the Protection and Promotion of freedom and human right in Africa?

1.4 Research Objectives

This research aims at examining the concept of freedom and human right in Africa. In this regard, the objectives of the research are as follows:

1. To examine the nature and meaning of freedom.
2. To examine the nature and meaning of human right.
3. To identify the obstacles and limitations of freedom and human right in Africa.
4. To determine the relationship betweeb freedom and human right.
5. To identify the mechanisms put in place to protect and promote human right and Freedom in Africa.

1.5 Scope and Limitations of the Research

The scope of this research is confined to the following:

1. An examination of the meaning and nature of freedom.
2. An examination of the nature and meaning of human right
3. An examination of the obstacles and limitations of freedom and human right in Africa
4. An examination of the relationship between Freedom and human right.
5. An examination of the mechanisms put in place for the Protection and Promotion of freedom and human right in Africa.

1.6 Research Methodology

Analysis of reality of which the research deserves ultimately depends on the methodological preference of the research. Appropriately, here, this research work is based on doctrinal method. In this regard, the sources of data include primary sources and secondary sources. Primary sources include, the African Charter on Human and People’s Right and   while secondary sources includes journals, textbooks, magazines, conference materials and newspapers Of course, a topical and controversial topic of this nature cannot be successfully undertaken without recourse to authorities who have distinguished themselves in this area of research. At the heart of this methodology is established works, and many of such works have been consulted for this research work.

1.6 Justification of the Research

This research is absolutely imperative due to the problem of gross and massive violation of rights of peoples as enumerated under international human rights treaties and declarations.

All African citizens have a right to freedom and to  have their legal and constitutional rights recognized and transformed in to actual judicial remedies without which these rights remain theoretical and of no value. In this regard, the justification of this research is to the effect of creating the awareness that rights guaranteed under various international treaties and declarations ratified domestically by African countries and naturally accruing to all citizens of the world workable and effective. This research will further expose the hidden aspects of these rights and Freedom which makes it eludes an ordinary African.

1.7 Literature Review

The following are some authors who have written on the Human Rights and Freedom. Their contributions on Human Rights will greatly enhance the content and value of this work.

Ladan, M. T (1999), in his book highlights the understanding of the concept of human rights generally which the writer finds useful in definition of terminologies, such as: the difference between Ladan‟s work and this research is that the former was focused on international instrument on Human Rights while the latter is on the practical implementation of Human Rights in Nigeria.

Tabiu, M. in his Article discussed several practical measures needed for protection of Human Right in Nigeria which the writer also finds to be important to this Dissertation as far as implementation is concerned.

The books of Falana (1991) and Harris (1998) have been found useful in the filed of International Human Rights Instrument.

The book of Dakas (1991) is specifically relevant in the area of the rights, duties and implementation of the African Charter. Whereas this research is based on implementation in Nigeria.

Shaw (2002)extensively discussed the first International Human Rights Instrument that is, the Universal Declaration of Human Rights, 1948.

On the whole this research focus on the practical understanding of freedom and human right in Africa.

FREEDOM AND HUMAN RIGHT IN AFRICAN COUNTRIES, LIBERIA AS A CASE STUDY

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