Indigenous people (IP) and minorities (IM)have similar problems of political, economic, and social marginalisation. The Nigerian government (hiding behind the veil of the African Union) does not recognise the indigenous status of deserving ethnic groups. This has left indigenous minorieties unprotected. Considering the situation in Africa generally, and in Nigeria specifically, this research work is aimed at answering the following questions: (1) Will the protection and promotion of the rights of IP in Africa not be effective if they are considered as IM; thereby giving the dominant majority a place in the ‘indigeneity’ of the country? (2) How can the IP of the minority tribes in the Niger Delta be entitled to legal protection from non-recognition of their status by the government? (3) Assuming, but not conceding, that everyone in Nigeria is indigenous to the country and to every region of the country, does this deprive IM in an age-long marginalised region a special attention by means of affirmative action? (4) What legal protection is accorded to minorities among IP? (5) Are there negative implications for ethnic minorities in the different regions of a country by the blanket recognition of all natives of that country as IP? (6) How can the available legal framework under the United Nations and the African Union for the protection of IP and minorities be effectively utilised to the advantage of IP despite the current position of the African Union on IP? / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr. Angelo Matusse, of the faculty of law, Universidade Eduardo Mondlane, Mozambique / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The cultivation of a culture of constitutionalism remains the greatest challenge to Nigeria’s constitutional democracy. Militarism affected in a very substantial way Africa’s efforts to develop a culture of constitutionalism in the continent. Nigeria typifies the failed African effort in trying to establish an enduring democracy and constitutionalism. After ten years of transition from militarism to constitutional democracy and the euphoria of the country’s return to democracy, the country is still on a slow march in the entrenchment of the practice of constitutionalism. This work primarily sets out to investigate the state of constitutionalism in Nigeria. Human rights and judiciary as constituents of constitutionalism are the main focus of that investigation. A crucial question that encapsulates the main objective of the study is how can Nigeria entrench a culture of constitutionalism? The study, therefore, investigates the question whether constitutional formalism or textualism without more can guarantee constitutionalism. It advocates that constitutionality does not necessarily lead to constitutionalism. The work further probes into the nature, extent and reasons for the past failure of constitutionalism in the country and its current state. The study also embarks on an exploration into the mechanisms for the protection of human rights, the problems and challenges in Nigeria. The challenges include the introduction of the “new Sharia” by some States in Nigeria; the failure to accord socio-economic rights due consideration in Nigerian jurisprudence and the poor pace of the domestication of human rights norms. The work demonstrates the relationship and linkage between human rights, democracy and judicialism in the study of constitutionalism. / Public Constitutional and International Law / LL.D.

The cultivation of a culture of constitutionalism remains the greatest challenge to Nigeria’s constitutional democracy. Militarism affected in a very substantial way Africa’s efforts to develop a culture of constitutionalism in the continent. Nigeria typifies the failed African effort in trying to establish an enduring democracy and constitutionalism. After ten years of transition from militarism to constitutional democracy and the euphoria of the country’s return to democracy, the country is still on a slow march in the entrenchment of the practice of constitutionalism. This work primarily sets out to investigate the state of constitutionalism in Nigeria. Human rights and judiciary as constituents of constitutionalism are the main focus of that investigation. A crucial question that encapsulates the main objective of the study is how can Nigeria entrench a culture of constitutionalism? The study, therefore, investigates the question whether constitutional formalism or textualism without more can guarantee constitutionalism. It advocates that constitutionality does not necessarily lead to constitutionalism. The work further probes into the nature, extent and reasons for the past failure of constitutionalism in the country and its current state. The study also embarks on an exploration into the mechanisms for the protection of human rights, the problems and challenges in Nigeria. The challenges include the introduction of the “new Sharia” by some States in Nigeria; the failure to accord socio-economic rights due consideration in Nigerian jurisprudence and the poor pace of the domestication of human rights norms. The work demonstrates the relationship and linkage between human rights, democracy and judicialism in the study of constitutionalism. / Public Constitutional and International Law / LL.D.

This dissertation argues that Gyekye, in his idea of communitarianism, has a contribution to make towards the understanding of the socio-political structures of multicultural communities in Africa. Gyekye's construct of metanationality, in relation to his communitarian ethics, addresses the socio-political and cultural problems confronting multicultural communities, with particular reference to Nigeria. In an attempt to achieve his idea of a "metanational state", Gyekye claims that: (1) "personhood" is partially defined by a communal structure; (2) equal moral attention should be given both to individual interests and community interests; (3) it is necessary to integrate the "ethic of responsibility" with "rights"; (4) members of the nation-state should be considered equal; (5) in order to achieve nationhood in a multicultural community, it is essential to move beyond "ethnicity" and (6) in an attempt to form a national culture, attention should be drawn to "the elegant" aspects of cultures of various ethno-cultural communities. / Philosophy / M.A. (Philosophy)

This dissertation argues that Gyekye, in his idea of communitarianism, has a contribution to make towards the understanding of the socio-political structures of multicultural communities in Africa. Gyekye's construct of metanationality, in relation to his communitarian ethics, addresses the socio-political and cultural problems confronting multicultural communities, with particular reference to Nigeria. In an attempt to achieve his idea of a "metanational state", Gyekye claims that: (1) "personhood" is partially defined by a communal structure; (2) equal moral attention should be given both to individual interests and community interests; (3) it is necessary to integrate the "ethic of responsibility" with "rights"; (4) members of the nation-state should be considered equal; (5) in order to achieve nationhood in a multicultural community, it is essential to move beyond "ethnicity" and (6) in an attempt to form a national culture, attention should be drawn to "the elegant" aspects of cultures of various ethno-cultural communities. / Philosophy, Practical and Systematic Theology / M.A. (Philosophy)

LLM / Department of Public Law / Human rights are those inalienable rights of an individual by virtue of being a human being. They are guaranteed by various domestic and international instruments. This research argues that despite the existence of these instruments and wide acceptances of international human rights standards that seek to protect the right to healthcare, the people infected with Ebola Virus Disease (EVD) are victims of a wide range of constraints to their right to healthcare as a result of the failure by the governments of the respective nations where the impacts of the EVD are mostly felt to discharge their obligations under those instruments. The rights of the people infected with EVD are often violated because of their presumed or known EVD status, causing them to suffer both the burden of the disease and the social burden of discrimination and stigmatisation which could deter the infected persons from accessing available treatment. This would invariably contribute to the spread of the disease. The research further exposes the dilemma posed by the EVD to the healthcare system, where healthcare providers are caught between the rock of selfpreservation from a highly virulent disease and the hard place of discharging their Hippocratic Oath which prescribes ethical guidelines for the discharge of the duties of the medical profession. The present research, which is novel in the field of medico-legal research, seeks to proffer answers to this conundrum.