Monday, November 13, 2006

The basic human right


Freedom of Speech is a basic human right. Like every fundamental right it has its origin in the very nature of man. In many countries, awareness about the Freedom of Speech is increasing. In some developing countries like Eritrea, Freedom of Speech is suppressed. Authorities do not allow independent media to thrive. They also use law enforcement as pretext to crack down on any dissent, spoken or written. Eritrea is one of the smallest and poorest countries in Africa. It plays host to a prison where over 15 journalists have been imprisoned without trial for their views.

Freedom of Speech is important in developing countries because the society would be able to speak openly and freely about the Government. People would be free to comment on whether the Government is making the right choices and decisions for the people. It gives the possibility and hopes that things will change for the better, young people especially who have newer ideas may be able to contribute to the building of the society.

In developed countries like the United Kingdom and the United States of America the people and government are more aware of the right to Freedom of Speech. In such countries the right is more robustly exercised and respected. In the United Kingdom the people play a big role in public administration as the Prime Minister or other MPs by freely expressing their views on public matters. The result is that it is more of a give and take society where everyone benefits in the long run. In a country where right to Freedom of Speech is respected the society is strong.

For a long time in developing countries like Nigeria and South Africa, human rights were generally suppressed and people could not talk feely or openly about problems and issues. This led to a society where public opinion was gagged and trampled by the few in control of power and instrument of violence. The result was a debilitating setback in development and myriad of societal problems.

At International Law, the contemporary right to Freedom of Speech was formalised as far back as 1948 with the Universal Declaration of Human Rights (UDHR). This was a mere declaration although it gained a lot of persuasive power over the years as guide to countries. The right to free speech later became enforceable law with the emergence of the International Covenant on Civil and Political Rights (ICCPR) in 1966 followed by the Optional Protocols. The ICCPR became enforceable in 1976 a decade after it became open for signature. The United Nations has therefore played a pivotal role in setting the standard for municipal laws that allow people Freedom of Speech.

Now both at the United Nations (through the Human Rights Committee) and in Europe, individuals whose right to free speech are repressed by governments can bring personal complaints for redress. Elsewhere in the Americas and Africa (for example the West African Community) the right to free speech is becoming more enforceable by individual citizens against their Governments under international judicial frameworks. These multinational arrangements complement or reinforce existing frameworks under municipal laws for redress of denial of the right to free speech and other fundamental rights. For example in Nigeria, Section 46 of the 1999 Constitution invites any person who alleges that his fundamental right including the right to free speech has been, is being, or is likely to be infringed to apply to a High Court for redress.

It should be noted that Freedom of Speech, like every other right that inures to man, is not absolute. For example a white person cannot under the pretext of Freedom of Speech openly abuse a black person in relation to his colour. This is very sensitive and may provoke other black people and lead to insecurity and even anarchy in the society. The need for an orderly society will in that situation rank higher than the white individual’s right to Freedom of Speech. Laws are therefore necessary to curtail the application of Freedom of Speech to ensure public order and security. In many developed countries Freedom of Speech has led to issues that were hitherto considered anathema like the issue of gay marriages to the fore. In many places children and youths are becoming increasingly disobedient and standing up to their parents because they feel Freedom of Speech also means freedom to talk to their parents as they wish. A parent will also feel he or she has the freedom to raise his or her ward the way he or she feels right. At the end there is a whole gamut of confusion over the extent of the guaranteed rights vis-à-vis competing rights also accruing to the State and the individual. The conflicts are usually based on state security, public order, health, morality etc.

There is therefore need to balance the right to free speech with these equally important needs. Section 45 of the Nigerian Constitution makes provision for laws that may derogate from the right to free speech to balance these needs. It is the same in International Law and in other countries. There is no place where any body is free to say whatever he likes and in what manner he likes in the name of Freedom of Speech. Also a person who is defamed by another person’s exercise of right to free speech will go to the civil court and institute an action for defamation against the person who defamed him. The right to free speech should be exercised responsibly. It is usually said that one’s right stops where the other person’s right starts. Some people put it this way: “Your right to swing your arms stops where your neighbour’s nose begins”. The right to Freedom of Speech should be effectively handled so that its exercise does not lead to a disorderly and chaotic society. Article 19(3) of the ICCPR provides that “the exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
However, Governments, especially in developing countries, should realise that the right to free speech is necessary for development and strive to expand instead of narrow the frontiers of that very important fundamental right.


1 comment:

Aramide said...

well done