THE ROLE OF THE MILITARY IN INTERNAL SECURITY OPERATIONS AND HUMAN RIGHT IN NIGERIA
CHAPTER TWO
LITERATURE REVIEW
2.0 INTRODUCTION
Our focus in this chapter is to critically examine relevant literature that would assist in explaining the research problem and furthermore recognize the efforts of scholars who had previously contributed immensely to similar research. The chapter intends to deepen the understanding of the study and close the perceived gaps.
2.1 CONCEPTUAL REVIEW
MILITARY
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically officially authorized and maintained by a sovereign state, with its members identifiable by their distinct military uniform. It may consist of one or more military branches such as an army, navy, air force, space force, marines, or coast guard. The main task of the military is usually defined as defence of the state and its interests against external armed threats.
In broad usage, the terms armed forces and military are often treated as synonymous, although in technical usage a distinction is sometimes made in which a country's armed forces may include both its military and other paramilitary forces. There are various forms of irregular military forces, not belonging to a recognized state; though they share many attributes with regular military forces, they are less often referred to as simply military. A nation's military may function as a discrete social subculture, with dedicated infrastructure such as military housing, schools, utilities, logistics, hospitals, legal services, food production, finance, and banking services. Beyond warfare, the military may be employed in additional sanctioned and non-sanctioned functions within the state, including internal security threats, population control, the promotion of a political agenda, emergency services and reconstruction, protecting corporate economic interests, social ceremonies and national honour guards.
Security
Security is an encompassing phenomenon that is paramount to individuals, entities, communities and even nations. Security has to do with self-preservation which is the first law of existence. Security implies a stable, relatively predicable environment in which an individual or group may pursue its ends or objectives without disruption, harm, danger and without fear of disturbance or injury.
In the Nigerian Grand Strategy for National Security, security was defined as: the aggregation of the security interest of all individuals, communities, ethnic groups, political entities and institutions which inhabit the territory of Nigeria”. The Grand Strategy specifically states that paramount importance is attached to safety, security and the prosperity of individuals and institutions within Nigeria and what belongs to Nigeria and Nigerians abroad4.
Generally, security is taken to mean freedom from risk or danger or fear; safety; confidence and the ability of a nation to protect and defend itself; promote its cherished values and legitimate interest and enhance the well-being of its people. Thus internal security could seen as the freedom from or absence of those tendencies which could undermine internal cohesion and the corporate existence of the nation and its ability to maintain its vital institutions for the promotion of its core values and socio-political and economic objectives, as well as meet the legitimate aspiration of the people.
Internal security operations
Internal Security Operations (ISOPs) are those acts carried out by the domestic security agents such as the Police, Customs Service, Immigration Service, and others, for the purpose of containing domestic threats to the security of the country. These threats often relate to dire cases of riots, demonstrations, strikes, communal clashes, terrorism, and the likes, which normally fall outside the constitutional duty of the military5. For instance, it is the duty of the Police to maintain law and order within the society. Section 4 of the Police Act provides the general duties of the police as the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged.
ISOPs are designed to handle internal conflicts in a country. In Nigeria, communal/ethnic clashes, religious conflicts and recently acts of terrorism have however, necessitated the involvement of the military in ISOPs.
Military involvement ISOPs in Nigeria (finrom 1960 to early 2018) As we earlier mentioned, a country’s experience and realities will go a long way in influencing the usage of its security apparatus. Below are some of the noticeable military involvements in ISOPs in Nigeria, and for the purpose of clarity, understanding and analysis the timeline is divided into two:
ISOPS in 20th Century
Some of the popular military involvement in ISOPs in the 20th century includes; implementation of emergency rule in Western region in 1962, western region election crisis 1965-1966, the quelling the Biafran rebellion which lasted from 1967 to 1970, suppressing student’s riots in popularly known as Ali must go in 1979, joint military police anti robbery patrols in 1979, management of Ogumpa Flood disaster of Ibadan in 1981, 1983 Maitasine religious crisis in Kano, Bauchi, Gongola, Kaduna, , quashing the anti-SAP riots of 1989. The military has also involved in the following ISOPs in the late 20th century; maintenance of law and order during the June 12 protest of 1993, crushing the Zangon-Kataf violence of 1992, containing ethno-religious violence in some parts of Plateau state, the Ogoni uprising of 1993-1994, joint Police-Military Security Task Force that were popular in many states (, 1993, 1998, 1999.), the 1999 Odi crisis, ife-Modakeke crisis of 1999, Niger Delta crisis, etc. (for a broader analysis and chronological presentation of military involvement in ISOPs within this period see Gbor, 2004, Beegeagle’s Blog, 2011; Okoli, A. C., and Orinya, S., 2013; Omede, 2012).
ISOPS in 21st Century
It is no longer an open secret that the 20th century presents yet a tougher security challenge for the Nigerian security institutions especially the military. Some of the ISOPs spear heded by the military include: operation ‘Lafiya Dole’, operation ‘Crack down’, operation ‘Gama Aiki’, operation ‘Safe Corridor’, Operation ‘Deep Punch I’ Operation ‘Deep Punch II’, etc. are all geared towards tackling the menace of boko haram insurgency in the North eastern region of Nigeria. While operation ‘Pulo Shield’, operation ‘Delta Safe’, operation ‘Crocodile Smile’, operation ‘Tsera Teku’, are to checkmate illegal activities of Niger-Delta militants with the aim of protecting critical economic infrastructures within Niger-Delta. Others include: Operation ‘Safe Haven’, operation ‘Sharan Daji’, operation ‘Harbin Kunama’, operation ‘Awase’, operation ‘Iron Fence’, operation ‘Mesa’, operation ‘Safe Conducts’, operation ‘Quick Response Squad’, operation ‘Python dance I’, operation ‘Python dance II’, operation ‘Ayem Akpatuma’, operation ‘Karamin Goro’, and few others are designed to squash the menace of violent criminal activities, electoral violence, herder/farmer crisis, and other anti-state activities. Comparing the two above timeline, it is clear to see that the 21st century security issues are indeed a tough one for the Nigerian military as those operations has spread across the existing six geo-political regions of the country. Also, military operations in the 21st century seem to be more organised and precise in mandate as reflects in their code names.
Human rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a Constitution, or have been found under Due Process of law. Right refers to those entitlements of all people irrespective of their location, status, other contexts and legal systems24. Jewa sees rights as inherent in man’s nature without which he cannot live as a human being. He further maintained that human rights and fundamental liberties are synonymous and they altogether allow man to fully develop and use human qualities, intelligence and talents and conscience to satisfy both spiritual and temporal needs. summarized the meaning of rights as: a claim to something which someone has to do or provide; freedom to do something; power to do something which affects other people; and immunity from challenge in doing something. Right is a very broad and significant social, political, national and international issue and value. Rights although universal, have no universally accepted definition of content and are more globalising. Rights are not absolute and can only be enjoyed within the boundaries and or scopes established by the law. The development and inclusion of modern human rights in the Nigerian state was, at its foundation, consistent with the British attitude towards human rights.
Rights are categorized into three types: civil and political (natural rights); economic, social and cultural, and group or people’s rights. He further maintained that these three are distinct but mostly confusingly expressed. Civil and political rights are referred to as the First Generation rights while those of economic, social and cultural as the Second Generation rights. He also identified and termed rights to self-determination and development as the Third Generation rights, adding that the third generation rights are collective - belonging to people rather than individuals. Human rights are natural, inherent and innate in every individual bone and such rights are divine and given to every person. This is so because man is created with rights and no individual needs anything to be able to exercise his human and fundamental rights such as those of life, dignity, personal liberty and private life, association, thought and conscience, movement and religion among others. But there are instances when the definition of rights and violations become subjects of controversy. One such instance is the definition of torture which only the United Nations Convention on Prohibition of Torture, other Cruel, Inhuman and or Degrading Treatment and Punishments, popularly known as the Convention against Torture has come up with a concrete definition.
According to the Oxford Dictionary of politics, human rights are a special sort of inalienable moral entitlements. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any social group. They specify condition for human dignity and a tolerable life6. The entire development from natural rights to human freedoms is epitomized in the Universal Declaration of Human Rights (UDHR) of 1948.
Domestic laws usually apply in internal security operations, but this is however influenced by the rules and standards of international law. Domestic laws provide the basis for military involvement in internal security operations while international human rights law regulates the conducts of operations, military or otherwise in those situations. International laws do not contain provisions for when the military can perform internal security operations but they provide regulations for the conduct of ‘actors’ during such periods. International human rights law applies both during armed conflicts and in peacetime. This also applies to both armed conflicts of international and domestic nature. Its aim is to protect the rights of individuals against State authorities. Those rights are set forth in international treaties such as the ICCPR, and in regional conventions such as the African Charter of Human and Peoples Rights7.
2.2 THEORETICAL FRAMEWORK
Theory of Natural Law
Theory of Natural Law (the autonomous individual) is associated with Hellenistic and Roman periods. The natural law theory is premised on principles of justice and right reasons which are natural, unchangeable and eternal. Natural theory is the most commonly accepted theory of and associated with rights with the substantial work of John Lock who developed the philosophy of humanism and political activity; that people are human beings who are all equal and worthy of basic respects (Hoffman & Rowe,2006; Davis, 2012). The theory simply envisages that humankind was previously living in the state of nature with freedom (rights) to determine self actions, equality, and none was subjected to the whims of the others. But with emergence of some vulnerabilities and hassles which later characterised the state of nature, people got into an agreement (contract) to form a political authority in order to regulate their conducts and also ensure the protection of their natural rights which include life, property, liberty etc. (Dixon & McCoquodale, 2003; Shaw, 2003; Hamid, 2007).