Iam highly honour to be accorded the privilege to share my thoughts with this prestigious audience, the Muslim World League International Peace Conference, organized to cross pollinate ideas with a view to catalyzing strategies of enhancing global harmony.
The choice of the theme, "Islam and the foundations of Peaceful Co-existence in Nigeria" could not have been more appropriate than now taking into consideration the challenges confronting world peace and especially Nigeria. Also significant is the choice of the environment for this discourse, Nigeria and indeed Sokoto city, recognized for its enormous contributions to Islamic civilization within the West African Sub region. I concurred with the organizers on the choice of this theme and pray that the out come will confer durable advantage to humanity. In order to maximize this opportunity I have adopted conventional approach to the topic so as to provoke fertilization of thoughts within the audience.
ASTRACT:
One of the consequences of frequent ethnic conflicts in Nigeria in recent times is the impact on the definition of citizenship. So many questions have been raised in public discourses on the subject of citizenship as a result of the discrimination against Nigerians who live in places over several years where them or their forefathers were not indigenous. Various contemptuous concepts are employed by different ethnic groups to describe other Nigerians from other ethnic cluster as Nigerian with alien status. On the whole, these various nomenclatures raise questions on the essence of being a Nigerian citizen, they fuel ethnic hatred and aggravate the problem of national integration.The issues revolving around the indigene-settler question reflects the intricacies and contradictions inherent in inter-group relations in the country. Nigerian like other African nation states has been blamed for its inability to develop methods of integrating the diverse ethnic nationalities that make up the national political community. Instead, post-colonial policies of the Nigerian state reinforces fracturing social harmony.
The implication of all these instances of conflicts arising from indigene-settler disputes highlighted above is that the citizenship question in Nigeria remains contentious and a veritable trigger of social upheavals. It is not disputable that Nigerians residing in parts of the country other than their own feel alienated as a result of the indigenes or settlers dichotomy which discriminates against 'visitors’. Many Nigerians suffer from denial of certain basic citizens rights because the host communities considers them as settlers and non-indigenes.
The inability of the Nigerian state to address the citizenship question has escalated conflicts dimension in most of the crisis pruned areas. The remote causes of these conflicts dwells mostly on disputes over land, the basis of the warfare between those claiming to have settled earlier on the land.
INTRODUCTION:
In recent times unfolding developments around the world and Nigeria in particular has generated contentious debates amongst analysts, legal experts, politicians and scholars about proliferating ethnic and religious tensions within the dominant faiths. Of utmost concern is the graduating regime of social violence characterized by eroding degree of tolerance for mutual co existence. The nationality question has been exaggeration beyond understanding as a result volcanic social eruptions has dominated many national landscapes. At the background of most of these ugly scenario is the indigene-settler dichotomy. Even though there is no express Constitutional basis for such practices, certain provisions and legislations are manipulated to perpetuate injustices against fellow citizens on the basis of origin.
Sadly, this negative trends have been entrenched in social consciousness of many including people in authority. The discriminatory treatment meted to non indigenes has deep historical and socio-political under pinnings which appears to be a very sensitive subject in Nigeria's public life. It has contributed to a cycle of violence in some states which is of National security concern for Nigeria. Therefore, if unchecked, it can threaten very social fabric of the Nation. The indigene-settler distinction is explosive because it reinforces identity discrimination based on divides.
These differences in ethnicity, religion, language and culture may have long history that is deeply felt but the question still remains that how are they factored into violence? There are diverse opinions about the remotes causes of sudden conflicts escalations between people that enjoined peaceful co-existence with one another. According to a renowned African Scholar, Ali Mazuiri amongst the things that trigger the Shariah advocacy in some Northern States of Nigeria was the resentment of being at the periphery of Nigerian politics and power configuration. There were points when the Northern leaders held sway politically in power configuration, but the 1999 elections saw a balance of power shifting South without any any remarkable transformation in the economies of the North. Hence, the politics of Shariah advocacy was part of a protest against regional economic in equalities existing in Nigeria{1}.
This theory located the remote causes of the conflict to the parameters of power shift and economic imbalance within Nigerian polity.
While Paul Adujie held a contrary opinion when he opined thus, ultimately, the issues which are the root causes of what has now become the routine carnage in Jos must be addressed. And these issues primarily remains the fluidity of Nigerian citizenship. The definition of citizenship of Nigeria and the enforcement of full citizenship rights remains very fluid and in flux.
Mutual suspicions amongst and between Nigerians of our various national components parts between our diverse ethnic, religious, linguistic group is the bane of our development and sundry national challenges. It is common knowledge, public knowledge, that national important issues crucial to our national development, progress, advancement and greatness of nation, are debated through the vagaries of negative denominators. Our national direction therefore remains concave, opaque, confused and convoluted {2}
Either way the situation is analyzed there is national dilemma as a result of political, religious and ethnic opportunism which constantly exploit the mutual suspicion between Nigerians who are in abject poverty, hardship, desperation shared in common by average citizens regardless of ethnicity, religion, linguistic groups and region. On the other side, a socially just society is defined by its advocates and practitioners as being based on the principles of equality and solidarity; this pedagogy also maintains that the socially just society both understands and values human rights, as well as recognizing the dignity of every human being{3}.
These traumatic trends have provoked uncertainty about the future of Nigerian federation, which has generated the agitation for convening of Sovereign National Conference by some segment of the populace as a way of resolving certain national questions. However, debates of national issues are too often slanted, coloured, skewed and seen through deceptive prism of ethnic, religious, regional and linguistic loyalties, and as a consequence, Nigeria is loses the benefit of our superb intellect in problem solving{4}
CONCEPTUALIZATION:
To lay foundation of better analysis of the topic under review it is imperative to examine definitions of some key terms.
CITIZENSHIP:
Citizenship denotes the link between a person and a state or an association of states. It is normally synonymous with the term nationality although the latter term may also refer to ethnic connotations. Possession of citizenship is normally associated with the right to work and live in a country and to participate in political life. A person who does not have citizenship in any state is said to be stateless. While in International law, Nationality is often used as synonym for citizenship –although the term is sometimes understood as denoting a person's membership of a nation{5}.
National citizenship signifies membership in the country as a whole; state citizenship, in contrast, signifies a relation between a person and a particular state and has application generally limited to domestic matters. State citizenship may affect tax decisions and eligibility for some state-provided benefits such as higher education and eligibility for state political posts such as U.S. Senator. The laws of United States permits multiple citizenship, a citizen of another country may retain their previous citizenship after becoming a citizen of the United States, and retain their US citizenship when becoming the citizen of another country, should that country's laws allow it. A Citizenship can be renounced or restored when a citizens a formal procedure at an American Embassy {8}.
Nationality law is the branch of International law that is concern with the questions of nationality and citizenship, how these statuses are acquired, transmitted or lost. Customarily, a state has the right to determine who are its nationals and citizens. Such determinations are usually made by custom, statutory law or case law or combination of both. In some instances determinations of nationality are also governed by Public International law.
However, this provision is globally observed more in breach especially in African countries because of the problem of statelessness.
A major weakness of the provisions of Article 15 is that it did not place responsibility of implementing individual citizenship rightly the state. The legal framework for the protection of human rights is located with the state which the individual resides or the state is violating the citizenship right. Generally, International law does not impose any obligation on states on right to citizenship or nationality even when such individuals are born there. Therefore the question of which state is violating the right of any particular stateless person or responsible for citizenship right is not sufficiently covered by the provisions of Universal Declaration of Human Rights.
Another basic problem is that international law has no well defined right of nationality which can be intuitively understood. What is the meaning of the right to political participation? Contextually, this depends on the political practice obtainable and the country in question. For instance, in countries where absolute monarchies exist all may be citizens but no one has the right to political participation. While in countries which have no national identity cards there is no distinction between citizens and non-citizens on records. However, international law and jurisprudence over the years have clearly defined the right to freedom from arbitrary detention.
The lack of a clear definition of citizenship means that it is hard to separate the idea of a right to citizenship or nationality in the abstract from state recognition of that citizenship in practice. If a person is tortured, we don’t believe that he has no right not to be tortured, but that his right not to be tortured is being violated. But because the right to citizenship is so poorly defined in law that it’s hard to say when someone has it; thus, when that person is denied or deprived of citizenship or proof of citizenship by a state, the victim herself may conclude that she is stateless, rather than that her right to citizenship has violated. But many of the world’s stateless people would not be stateless at all if their country’s laws were non-discriminatory or properly implemented{12}
In Nigeria citizenship or nationality rights have been at the center of most conflicts. It is well entrenched in the consciousness of the people such that minor gesture in that direction can result into violent conflict. Indigene-Settler dichotomy has threatened the basis of the union as people whose fore fathers were born in a place are denied citizenship rights. The legal basis for such discrimiations cannot be located within Constitutional framework of Nigeria because the letter and spirit of the constitution re-in forces citizenship.
According to Iberiyenari, the Nigerian Constitution makes no distinction between the right of a citizen and of inhabitants of a political community who are not indigenous to that community; so there ought not to be discrimination and thus rivalry. The people of Nigeria may have various and over-lapping identities based on such factors as religion, race, ethnicity and social class yet the single identity possessed equally by all citizens is a civil identity - it is the tie that holds us together in a single democratic political order and thus we all still remain citizens of Nigeria, regardless of which part of the country we find ourselves in. Every eligible Nigerian citizen should be allowed to take part in the political life of the country and of his state of residence irrespective of his state of origin. Nigerian citizenship should stop being operative only at the home land level {13}
Consequently, there has been nothing that has shaken the foundations of national unity like it.
SOCIAL JUSTICE:
Social justice is a broad concept but for the purpose of this paper we will limit its application to Nigeria. It is conceived as justice exercised within a society, particularly as it is applied to and among the various social classes of a society. A socially just society is defined by its advocates and practitioners as being based on the principles of equality and solidarity; this pedagogy also maintains that the socially just society both understands and values human rights, as well as recognizing the dignity of every human{14}
Flynn, J.P., Social justice is the view that everyone deserves equal economic, political and social rights and opportunities {15}. While Banu az-zubair, M.K argued that social co-operation makes possible a better life for all than any would have if everyone were to try to live by his own efforts, and, also, that men are not indifferent as to how the greater benefits produced by their joint labours are distributed, for in order to further their own aims each prefers a larger to a lesser share{16}.
Examining the above, it is certain that Social justice refers to the virtue which guides the creation of organized human interactions known as institutions. social institutions when justly organized provide access to the good of not only for the individual but in associations with others. It also imposes a personal responsibility to work with each other or design continually perfect institutions as tools for personal and social development. The term encompasses economic justice as well.
In recognition of social justice as germane to harmony, the preamble of the Constitution of the International Labour Organization affirms that "universal and lasting peace can be established only if it is based upon social justice. Furthermore, Vienna Declaration and Programme of Action treats social justice as a purpose of the human rights education{17}
THEORETICAL FOUNDATIONS OF SOCIAL JUSTICE.
The proponent of modern concept of "social justice" was a scholar of St.Thomas Aquinas known as Jesuit priest Luigi Taparelli in year 1840 whose thoughts were influenced by the teachings of Antonio Rosmini-Serbati in 1848. While writing in his Journal titled Cavilta Cattolica, he argued that "the rival economic theories, based on subjective Cartesian thinking, undermined the unity of society present in Thomistic metaphysics; neither the liberal capitalists nor the communists concerned themselves with public moral philosophy". Initially, the meaning of the phrase was very controversial and varies depending on usage. However, John A. Ryan, a moral theologian expanded the idea of social justice by introducing the concept of a living wage. In his works in 1930, Father Coughlin also made use of the term in his publications. Therefore, social justice is an integral aspect of Catholic social teaching and the Protestants' Social Gospel. As a secular concept, social justice has a distinct character from religious philosophy which emerged lately in the twentieth century, a great thinker, John Rawls proposed that, "Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override. For this reason justice denies that the loss of freedom for some is made right by a greater good shared by others." {18}.
The traditions and teachings of most religions consists of the values of the social justice. Christians believe in the teachings of Jesus Christ that on the day of judgement God will ask every person what did he do to help the poor and the needy, "Amen, I say to you, what ever you did for one of these least brothers of mind, you did for me" {19}. Therefore, a Christian must show companion to the less privilege. The moral test of any society is "how it treats its most vulnerable members. The poor have the most urgent moral claim on the conscience of the nation. People are called to look at public policy decisions in terms of how they affect the poor" {20}
In Islam, there are numerous references in the Holy Quran that are central to the concept social justice. Zakat is one of the five pillars of Islam, which obligated charity and assistance to poor as important aspect of Islamic faith.
In Muslim history, Islamic governance has often been associated with social justice. Establishment of social justice was one of the motivating factors of the Abbasid revolt against the Umayyads{21}. The Shi'ite believe that the return of the Mahdi will herald in "the messianic age of justice" and the Mahdi along with the Messiah (Jesus) will end plunder, torture, oppression and discrimination, {22}. For the Muslim Brotherhood the implementation of social justice would require the rejection of consumerism and communism. The Brotherhood strongly affirmed the right to private property as well as differences in personal wealth due to factors such as hard work. However, the Brotherhood held Muslims had an obligation to assist those Muslims in need. It held that zakat (alms-giving) was not voluntary charity, but rather the poor had the right to assistance from the more fortunate.{23}
Though monetary donations are the most practiced way of zakat, Islam is deeply rooted in the tenets of volunteerism and social activism. Many Muslims practice this today by ensuring that they produce minimal waste, give to charity what they no longer need, and spend time in prayer and meditation upon the bounties of nature so as to more mindfully approach all that is provided by nature and ultimately, Allah {24}.There is no gain emphasizing that Social Justice is an Islamic tenet which every Muslim must use to assess his or her daily life, without which every efforts towards attaining true spirituality and a connection with God will be void.
A careful review of the religious traditions of dominant religions above established the institutionalization of the theory of social justice. Not only as being practiced but also religious traditions played key roles in entrenching the principles of social justice as prerequisite for the attainment of Peaceful co-exiatence. It follows therefore that the foundation of social stability must have the building bricks of social justice. By the same token any political system that is in short supply of this commodity stands the risk of conflict. Of course social justice is the parameter of determining the quality of leadership. Simply put it if you want peace do justice.
Since the teachings of dominant religions consist of tenets social justice and a review of leadership especially in Nigeria indicated that almost all holders of public offices are either members of these faiths. Then why has the concept of social justice eluded leadership? Can it be attributed to lack of knowledge or lack of commitments to religious obligations or better still hypocrisy? To my mind, the latter is applicable in the Nigerian context. As a nation, our religious credentials is unprecedented but practically the attitude and conduct of leadership is completely a betrayal of true religion. And I make bold to submit that any religious life devoid of social justice is bankrupt.
TWIN VARIABLES TO SOCIAL STABILITY:
Citizenship and social justice are twin variables for establishing stable societies. Historically, all successful political systems derived credibility and strength from application the concepts. Mention a successful unjust society that ever existed and I will contradict it with contemporary leadership built around social justice.
The manipulation of nationality question into indigene-settler dichotomy even though an African syndrome is more notorious in Nigeria. It is the discrimination of citizens on the basis of nativity even though in some instances the affected people may have live in a place place beyond memory lane. They are denied access to basic citizenship rights of either political participation, education in public institutions and public health systems despite their contributions to economic growth and development of those areas.
Why has nationality question remain tragedies to African states instead of invigorating national integration? Bayart et al contributing to african argument on nationality submitted that Belonging is a pertinent trope in Africa and beyond. However, in many parts of Africa belonging is not only understood in national terms but also, and most importantly, as belonging to a place or a group; e.g. a village, a region, a clan or an ethnic group. In the context of democratization processes, belonging gained salience in political discourse, and in many countries has been coupled with the notion of autochthony as a criterion for privileged access to natural and state resources {25}.
In describing this lamentable scenario, an African human rights scholar, Brownen Manby stated that Common to all these situations is the manipulation of citizen- ship laws: the detailed rules and regulations by which individuals can obtain recognition of their right to belong to a state, to claim equal protection under its laws, to vote in its elections and stand for office. Much as discrimination in these cases is always multifaceted, with raw violence at its extremes, the apparently dry detail of the rules for obtaining papers can hide an ocean of discrimination and denial of rights. The use and abuse of the law frames and enables the politics of ethnic exclusion. Reform of the law can be the first step back from conflict and the start of a politics of inclusion{26}
The nationality question has been identified as basis of re occurring conflict culture. It was reported that many of Nigeria’s worst conflicts pit the recognized original inhabitants, or indigenes, of a particular place against supposedly later settlers. These conflicts may be growing deadlier and more numerous with time. State and local governments have free rein to pick who is an indigene. Abuse of the label can foster deep socioeconomic inequalities, given that indigenes enjoy preferential access to land, schools, development spending, and public jobs. These inequalities feed into violence, although righting inequality may not be sufficient to end violence in every case. The indigene-settler distinction is also explosive because it reinforces and is reinforced by other identity-based divides in Nigeria. These differences in ethnicity, language, religion, and culture can be longstanding and deeply felt, but how they factor into violence is again not well understood{27}
In trying to locate the roots of citizenship conflict, Mark Amanza blamed the 1999 Constitution when he argued that the problem with the 1999 Constitution at present with regards to the indigene–settler divide is its non-definition of the word ‘indigene’. Throughout the entire constitution, the word ‘indigene’ appears only once, in Section 147 (3) which says that, “at least one minister be appointed from each state, who shall be an indigene of such state”. It does not say how the indigeneship of one could be determined: was it by ancestral line or by number of years spent in the state?{28}
Also concurring with the reasoning to the effect that some provisions of the Constitution which may intend good has turn out to be the undoing of national unity. According to Suleimon Olarenwaju, the major culprit for the indigene-settler crises is the constitution. This is because of its federal character component. Although Chapter 25 of the amended 1999 Constitution is devoted to the issue of citizenship with the attendant benefits and privileges, the federal character component actually acts as a bulwark to the enjoyment of these benefits by all Nigerians. Although the essence of the federal character is to strengthen the unity of the nation through inclusion of all major tribes and groups in the country, it has turned out to be the undoing of the nation{29}
To some extent these arguments are appealing, however they failed legal logic citizenship conflicts which occurred before the coming into force of the 1999 Constitution. For instance, the Modakeke-Ife, Aguleri and Umuleri and Zongon Kataf were all crisis that occurred outside the scope of the present Constitution. Agreeing but not conceding that the ferocity of the destruction of lives and properties with impunity under the present arrangement is monumental. Also, the frequency of re-occurrence has graduated beyond historical epoch which no doubt has threatened the foudations of our unity.
On the other side social justice is lubricant to good governance, peace and stability. Any social system in short supply of it stands the risk of playing host to conflicts and disharmony. The Holy Prophet of Islam said: "A moment of justice is better than seventy years of worship in which you keep fasts and pass the nights in offering prayers and worship to Allah"{30} Therefore, no any act of human sacrifice can be equated with justice before Our Creator. It often beats human imagination whether people saddled with management of public affairs are oblivious of this great responsibilities or by their conduct they have opted out of favour with Allah?
The concept of leadership begins and ends with justice. To buttress the essence of justice in leadership, The Holy Prophet further said: "The deed of justice performed by a leader for one day for his people is better than the deeds of the man who spends fifty or hundred years amongst his family members in the worship of Allah"{31}. A just society depends on both spiritual as well as material power and each one of them is necessary for establishing justice.
It argued that the level of social injustice currently prevailing in Nigeria is reaching alarming heights and we are beginning to feel the effect in the level of discontent amongst the citizenry as demonstrated by various uprising against the state such as the Boko Haram incidence, the Niger Delta Militancy, OPC and Bakassi vigilantes and what have you...these social injustices are becoming so glaringly obvious to the common man on the street and this has led to a large spectrum of our population to lose faith in Nigeria and this is something that the federal government has to address if it does not want Nigeria to become a failed state{32}
Nigeria is a nation endow with diverse potentials yet crippled by lack of social justice, consequently, it battles with multi faceted challenges from poverty, hunger, unemployment, corruption and currently security. The situation was graphically painted by Utomi, when he stated thus: that 85% of Nigeria’s resources are consumed by 1% of her population leaving the remaining 99% to share the balance 15%....Nigeria’s elite have gone beyond flying themselves and their families to Europe for treatment, there some who actually fly their polo horses to Europe for treatment. This would not be so bad if these were folks with identifiable sources of income who have ventures that employ people and add value to Nigeria’s GDP. No. These are men and women whose only claim to fame and wealth is that they have at one time or the other been men of political power and influence in Nigeria {33}.
CONCLUSION:
It is obvious that Nigeria is in a delima with respect to the twin variables. The take off point here is for our political leaders to have the fear of God and sincerely design and implement policies base of principles of social justice. They should always remember that they are accountable to their Creator for the public trust of stewardship.
Secondly, the citizenship question should be radically addressed by giving every Nigerian equal rights and privileges in order to guarantee freedom from all forms of discrimination.
The Constitution should be amended to include social security by giving legal effect to the provisions to economic and social rights in order to give citizens the sense of loyalty to the nation instead of ethnic, religious or regional affiliations.
In Oder to liberate the people from being manipulated negatively, education must be made free at all levels to every Nigerian child because it is affordable. Illiteracy opens the mind to all forms of manipulation.
Corruption as a social malice must be sincerely tackled. There is urgent need to review our penal laws to introduce capital sanctions for all corrupt practices in public offices.
Finally, the only option opened out of the current security challenges is for government to open up sincere and genuine dialogue with all arms carrying groups because all wars end at conference tables. As mark of commitment, I lean my voice to the demand for amnesty to these groups to pave way for dialogue and national reconciliation. Force in the circumstance will not produce the desire results.
Assalamalaikum waritalmatu Allah wa barkatu.
Solomon Selcap Dalung, LLB (Hons), B.L, LLM
Jos, Nigeria.
March, 2013.
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8. See 8 U.S.C. 1481; "Giving Up US Citizenship: Is it Right for You?" http://www.usvisalawyers.co.uk/article14.html
9. Jerry Markon (June 12, 2008). "Judge Offers Lesson In U.S. Citizenship". The Washington Post. Retrieved 2009-11-19
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11. Julia Harrington, "The Right to Citizenship under International law",
12 & 13. Universal Declaration of Human, Rights,http://www.un.org/en/documents/udhr/
14. Lauretta Iberiyenari, "The political Concept of Citizenship",
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(Ed-in-Chief), Encyclopedia of Social Work
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17. Part II, D, Vienna Declaration and Programme of Action, http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/a.conf.157.23.en
18. John Rawls, A Theory of Justice (2005 reissue), Chapter 1, "Justice as Fairness" – 1. The Role of Justice, pp. 3–4
19. Mathew 25:40, King James Version, Hendrickson Publishers, Inc. Peabody, M.A
20. Option for the Poor, Major themes from Catholic Social Teaching, Office for Social Justice, Archdiocese of St. Paul and Minneapolis.
21, 22 & 23. John L. Esposito (1998). Islam and Politics. Syracuse University Press. p. 17, 205 & pp. 247-8
24. The Eco Muslim, http://www.theecomuslim.com/
25. Bayart, Jean-François, Peter Geschiere and Francis Nyamnjoh. 2001. Autochtonie, Démocratie et Citoyenneté en Afrique. Critique Internationale 10: 177-194.
26. Bronwen Manby, Struggles for citizenship in Africa, 2009, Zed Books Ltd, New York, ny 10010, USA
27. United States Institute of Peace Report, July, 2009, http://www.usip.org/publications/rethinking-nigeria-s-indigene-settler-conflicts
28. Mark Amanzo, Bridging the Indigene-Settler divide, http://nigerianstalk.org/2012/12/20/bridging-the-indigene-settler-divide-mark-amaza/
29. Suleimon Olanrewaju, Indigenes vs Settlers: The hostilities continues, http://tribune.com.ng/news2013/index.php/en/component/k2/item/1249-indigenes-vs-settlers-the-hostility-continues
30 & 31. Jami'us Sa'adat, vol. II, p. 223, http://www.al-islam.org/lessons/3.htm
32 & 33. Pat Utomi, Nigeria need Social Justice, http://www.patitospost.com/?p=281