Browsing by Author "Niyi-Gafar, Oluwabunmi"
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Item Adopting an International human rights standard on access to water in Nigeria. Lessons from South Africa(Novena University College of Law, 2019) Niyi-Gafar, OluwabunmiUnder International human rights law, water is a human right. Guidelines have been laid out for consideration towards ensuring a progressive realisation of access to water. South Africa has embarked on an enviable approach towards a progressive realisation of access to water. Nigeria on the other hand has struggled towards ensuring the same for Nigerian citizens. This paper highlights the international law provisions and guidelines on access to water and sets out reflections from South Africa. It recommends that Nigeria should consider an adoption of some of these guidelines towards ensuring access to water for Nigerian citizens.Item African Commission on Human and Peoples Rights and Judicial Independence in Africa:Towards an Independent Nigeria Judiciary(Wildy Simmonds and Hill, 2017) Niyi-Gafar, OluwabunmiThe importance of judicial independence was asserted by the African Commission on Human and Peoples’ Rights in Resolution 21 “Respect and the Strengthening the Independence of the Judiciary”. The commission reiterated the importance of the judiciary engaging in maintenance of social equilibrium and ensuring public confidence in the judiciary. Part of the resolution advances the need for State parties to ensure that legislations do not inhibit the ambit of the task of the judiciary; ensure prime welfare of judges and protection. Summarily, the basic principles of judicial independence are that exercise of judiciary powers must not be interfered with by the acts of the legislature and executive. As the case is, the Nigeria judiciary’s ability to engage in socio-economic and cultural rights seems to be curtailed by legislative enactments and acts especially with respect to the provision of Section 6 6(c) of the 1999 Constitution. The African Commission have entertained cases emanating from Nigeria giving exemption to the doctrine of exhaustion of local remedies because of perceived unavailability and inability of the judiciary to address violation of rights of individuals and peoples’. Premised on this, the chapter examines the mandate of the African Commission in driving the independence of judiciaries with particular focus on Nigeria. To achieve this, the chapter examines the jurisprudence of the African Commission on issues hinged on judicial independence and analyses its case laws. Structured in five parts, part one is the introduction; part two briefly looks at the mandate of the commission and national judicial institutions; part three examines the jurisprudence of the Commission that relates to judicial independence advancing inherent limitations on the Commission’s independence; part four argues that for the Nigeria judiciary to become independent, it must embrace the principles of judicial activism in building jurisprudence and gaining the confidence of individuals. The final part makes conclusions and recommendation.Item A conceptual framework for a human rights based approach to water(JUTA, 2019) Niyi-Gafar, OluwabunmiSince the recognition of access to safe drinking water as a human right, nations have been charged with the responsibility of progressively realising access to water for their citizenry. Various approaches have been suggested, one of which includes a human rights-based approach. A human rights-based approach to water does not have a specific definition, however, it encompasses the principles that are necessary to aid a progressive realisation of access to water amongst the people especially the poor. This approach to access to water takes into cognisance, the availability of water, the affordability of water and a constant quantity which must be of good quality. Beyond describing what a “human rights-based to water” entails this article expounds South Africa’s application of this approach to ensuring access to water for its citizens. It further suggests areas where this approach may prove useful where considered and applied in other African countries, especially Nigeria, to ensure a progressive realisation of access to water.Item Finding a solution to Nigeria's domestic water challenges(Nnamdi Azikwe University, 2019) Niyi-Gafar, OluwabunmiItem International Human Right to water and the right to water in Nigeria: Birds of different feathers(Obafemi Awolowo University, 2016) Niyi-Gafar, OluwabunmiNigeria has contributed to the current recognition of the international human right to water. Nigeria however does not recognise water as a human right. The current Nigeria laws are not in tandem with the international law meaning of the human right to water. This article highlights what the international human right to water entails vis a vis what the right to water recognised in the Nigerian federal water law details. It is argued in this article that part of the current challenges of access to water for domestic use in Nigeria is the failure of its recognition as a human right. And even though Nigeria supports the human right to water at the international front, the current recognition of the right to water in Nigeria does not create a duty nor give rise to claim over services not rendered. As such the human right to water which the Nigeria government endorsed at the international arena and the current recognition of the right to water in the Water Resources Act are birds of different feathers.Item A Legal Discourse on the Role of women in Human Rights Violations(Current Law Journal, Malaysia, 2019-01) Adimula, Abiola; Niyi-Gafar, OluwabunmiInternational instruments protect the rights of women as vulnerable members of the society; so do national laws of various countries. However protected, women have been found to violate the fundamental human rights of other people such as men, children, and fellow women. From an analytical approach, this article discusses the role of women in the violation of the fundamental human rights of their fellow humans. The authors argue that for women to be protected under an international instrument it behooves on them the duty to promote the human rights of every other human being, and in particular, their fellow women and not play stringent roles in violating same. Anchored on core human rights as enumerated in the 1948 Universal Declaration of Human Rights, we highlight the role of women in the violation of people's fundamental human rights and make suggestions on how same can be tackled in the society considering that (women) human rights abuses occur globally.Item Realising the right to water in South Africa. Challenges of incorporating a human rights based approach(JUTA, 2015) Niyi-Gafar, OluwabunmiSouth Africa has been applauded for its laudable model of a human rights-based approach to potable water. The South African Constitution, and the operationalisation of the National Water Act (NWA) and the Water Services Act (WSA), have contributed to the creation of an enabling environment for access to potable water in South Africa. However, this approach may not have completely benefited poor black South Africans as revealed by the 2014 South African Human Rights Commission (SAHRC) report. A human rights-based approach to potable water in South Africa has, therefore, neglected the category of people for which it was originally adopted to serve.