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Human rights in the cultural traditions and social practice of the Igbo of south-eastern Nigeria

Published online by Cambridge University Press:  28 July 2009

Okey Martin Ejidike
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Extract

One of the crucial theoretical problems confronting human rights is the perception of its historical derivation related to the universal or relative character of the rights declared. Limited views on the origin of the concept are widespread and easily exploited to stymie die quest for human rights. Cultural-monopolist derivations of its origin have fed relativist but apologist arguments in developing countries. A cultural-universalist conception is not only possible but preferable. A contrary position would both contradict and deter the cause of human rights. To arrogate the concept to some groups, cultures and civilizations to die exclusion of others would be deleterious to the momentum toward universal consensus on human rights in at least two major ways. It would harden or ossify divisive tendencies and provide ammunition for apologist justification of violations.

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Articles
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Journal of African Law , Volume 43 , Issue 1 , Spring 1999 , pp. 71 - 98
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Copyright © School of Oriental and African Studies 1999

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References

1 The general literature on human rights is extensive, but it will not be necessary to refer to much of it in the course of this article.

2 An-Na'im, A., “Human rights in the Muslim world”, (1990) 3 Harvard Human Rights Journal 13 ff;Google ScholarDonoho, D., “Relativism versus universalism in human rights: the search for meaningful standards”, (1991) 27 Stanford Law Journal 345 ff;Google ScholarHoward, R., “Dignity, community and human rights”, in An-Na'im, (ed.), Human Rights in Cross-Cultural Perspectives: A Quest for Consensus, Philadelphia, 1992, 81 ff;Google ScholarPanniker, R., “Is the notion of human rights a Western concept?” (1982) 120 Diogenes 75 ff;CrossRefGoogle ScholarSchachter, O., “Human dignity as a normative concept”, (1983) 77 American Journal of International Law 848 ff.CrossRefGoogle Scholar

3 It is doubtful if such arrogation can be scientifically sustained without undue reliance on the codification of international human rights by the UN. Despite the vigorous debate on the philosophical or conceptual basis of human rights (see, for example, Alston, P., “Conjuring up new human rights: a proposal for quality control”, (1984) 78 AJIL 607–721;CrossRefGoogle ScholarBilder, R. B., “Rethinking international human rights: some basic questions”, (1969) 2 HRJ 557–608;Google ScholarRamcharam, B. G., “The concept of human rights in contemporary international law”, in Canadian Human Rights Yearbook, 1983, 267–281;Google ScholarSinha, S. P., “Human rights philosophically Indian”, (1978) 18 Journal of International Law 139–159;Google ScholarSinha, S. P., “Human rights: a non-Western viewpoint”, (1981) 67 Archiv für Rechts und SozialPhilosophie 76–91;Google ScholarSinha, S. P., “Why and how human rights?” (1982) 10 International Journal of Legal Information 308–319;Google ScholarJoel, (Nathan) Feinberg, , Social Philosophy, New Jersey, 1973; andGoogle ScholarVincent, R.J., Human Rights and International Relations, New York, 1986), an empirical evaluation across cultures remains decisive for a conclusion on its status in the world's cultures.Google Scholar

4 See Alston's, P. background paper for the World Conference on Human Rights in 1993Google Scholar: “How far has the United Nations come and where should it go from here?” in Nowak, M. (ed.), World Conference on Human Rights, Vienna, 1994, 13–22 at 17 § 18. para. 20Google Scholar; Cook, R., “Women's international human rights law: the way forward”, (1993) 15 HRQ 230–261 at 235.CrossRefGoogle Scholar

5 Donnelly, Jack, Universal Human Rights in Theory and Practice, Ithaca, 1989, 49–65.Google Scholar

6 A distinction is made between “concept” as a mental abstraction or general notion expressed advertently or inadvertently through concern for certain values and its label or terminology. In this case, it is important to note that the concept of human rights is much older than the terminology of human rights which originated in documents on post-war organization produced in the US during the war years. Legitimacy, justice of laws, integrity and dignity of the individual, safeguards against arbitrary rule, freedom from oppression, and persecution and individual participation in collective endeavours (including government of the community) are concepts found in similar forms in all recorded civilizations.

7 International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3 (1977), International Covenant on Civil and Political Rights, 999 UNTS 171.Google Scholar

8 Captain Adams, who made many slave voyages to the West African coast between 1786 and 1800, recorded that 20,000 slaves were sold annually at Bonny—of these 16,000 were Igbo. According t o his estimation, for the 20-year period, 320,000 Igbo were sold at Bonny and 50,000 at Old and New Calabar.

9 Herskovits, M. J., Life in a Haitian Village, New York, 1931, 20–21Google Scholar, observed, the Igbo were … found excellent for work in the fields, yet difficult to manage … Nonedieless, many slaves from this tribe were acquired. Their strong communal and tribal ties made it advantageous for those who owned them to obtain more of them since newcomers were accorded help, care and instruction by those who had preceded them.”

10 Afigbo, A. E., The Warrant Chiefs, London, 1972, 207–248;Google ScholarAfigbo, A. E., Ropes of Sand, London, 1981, x–xiGoogle Scholar; Leith-Ross, S., Stepping-Stones, London, 1983, 92.Google Scholar

11 The pogrom of the Igbo in other parts of Nigeria led to the declaration of secession by the predominantly Igbo-populated Eastern Nigeria.

12 Armstrong, R., The Study of West African Languages, Ibadan, 1964, 12–13.Google Scholar

13 These civilizations included the Ugwuele/Okigwe civilization, the Afikpo civilization, the Nsukka/Udi civilization, the Owerri civilization, the Ika civilization, the Anambra civilization, the Nri civilization, the Ndosimili/Ukwuani civilization, the Ngwa civilization, the Abam/Edda civilization, the Enuani civilization, and the Aro civilization. This listing is in near-chronological order of origin ignoring overlappings. The largest civilization in terms of territorial expansion was the Nri while one of the smallest was the Abam/Edda. Details of these can be found in Angulu, M. Onwuejeogwu, “Evolutionary trends in the history of the Igbo civilization in the culture theatre of Igboland in southern Nigeria”, 1987 Ahiajoku Lecture, Owerri, 1987.Google Scholar

14 This is depicted by the kola nut and white chalk customs. The kola nut is of such importance that any visitor to an Igbo household is regarded as unwelcome until it is offered, broken, shared and eaten by all present. The white chalk, nzu, is a significant part of traditional Igbo propitiation and rites.

15 Those included the Ibini Ukapi or long juju of Arochukwu, Agbala of Awka, Igwekala of Umunneoha and Haaba of Agulu. Their agents traversed Igboland and beyond, canvassing clients who could not find a mundane solution to their problems or disputes.

16 Onwuejeogwu, M. A., An Igbo Civilization: Mi Kingdom and Hegemony, London, 1981, 178.Google Scholar

17 The Ngwa and Aniocha civilizations moved a step further in the development of symbolic communication. In these two civilizations, thought and ideas were put in written forms. They developed what seemed like ideographic writing. In southern Ngwa, the Nsibidi was confined to a secret society which controlled trade and initiation ceremonies of its cult association. In Aniocha at Mkpitime, it was restricted to cult members. These forms of writing are one of those inventions in Africa, south of the Sahara, which had no Islamic or European root. The idea that Africa south of the Sahara had no writing should be abandoned as a historical fallacy. See especially ibid., at 58.

18 Uchendu, V. C., The Igbo of South East Nigeria, New York, 1965, 13.Google Scholar

19 The Igbo distinguish between omenala, omenani (custom, customary law), which generally had greater permanent force, and iwu (man-enacted law), which may be revoked or amended depending on the prevailing circumstances.

20 GA, res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 52, UN Doc. A/6316 (1966), 999 UNTS 171; 6 ILM 1967: 368, entered into force 23 March, 1976.Google Scholar

21 General Comment 6/16 on art. 6, 27 July, 1982, Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI/GEN/1/ Rev.l at 6 (1994) and General Comment 14/23 of 2 November, 1984, Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI/GEN/1/Rev.1 at 18 (1994).

22 An organic portrayal of this can be found in ch. 2 of Chinua Achebe's novel, Things Fall Apart, where Mbaino paid restitution by providing a virgin and a boy for the murder of Ogbuefi Udo's wife.

23 Uchendu, V. C., op. tit, n. 18, 42–43.Google Scholar

24 The distinction between these categories may be blurred but the Igbo distinguished them, had names for them and ranked them accordingly to wit: custom (omenala), law (iwu) and morals (omume). The violation of any but the last of those attracted one form of sanction or the other. Behaviour which does not accord with the conception of morality may attract approbation.

25 GA res. 44/128, annex, 44 UN GAOR Supp (No. 49) at 207, UN Doc. A 44/49 (1989), entered into force 11 July, 1991.

26 Art. 6(2–5) ICCPR.Google Scholar

27 See generally, Horton, R., “Stateless societies in the history of west Africa”, in Ajayi, J. F. A. and M., Crowder (eds.), History of West Africa, vol. I, London, 1971, 78.Google Scholar The Igbo societies were in most cases territorially small and lacked big empires but they were certainly not stateless since they evolved well-developed institutions that performed governmental duties.

28 Art., 26 Vienna Convention on the Law of Treaties 1969 58 UKTS 1980.Google Scholar

29 Common art. 2 ICCPR, and CESCR, , GA, res. 2200A(XXI), 21 UN GAOR Supp. (No. 16) at 49, UN Doc. A/6316 (1966), 993 UNTS 3, 6 ILM 1967:360, entered into force 3 January, 1976.Google Scholar

30 Names like Chinyere (God's gift) or Kaosisochukwu (as God pleases) among others are instructive in this respect.

31 See section on slavery.

32 Max, Gluckman, Custom and Conflict in Africa, Oxford, 1973, 19.Google Scholar

33 Ibid.

34 Falwell, L.J., in R. v. Crewe, ex park Sekgome [1910] KB 576, 615Google Scholar, in Livingstone, S., “The House of Lords and the Northern Ireland conflict”, (1994) 57 Modem Law Review 333 at 360, n. 145.Google Scholar I thank Stephen Livingstone for calling my attention to this case.

35 Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, GA, Res. 39/46, annex, 39 UN GAOR Supp. (No. 51) at 197, UN Doc. A/39/51 (1984), entered into force 26 June, 1987.Google Scholar

36 This punishment later took the form of nicking the ear so that blood dropped on the shrine as a reminder of the sin. See Ottenberg, S., Double Descent in an African Society: The Afikpo Village Group, Seattle, 1968, 66.Google Scholar

37 Ibid.

38 Worsley, A., “Infibulation and female circumcision: a study of a little known custom”, (1938) 45 Journal of Obstetrics and Gynaecology of the British Empire 686–691CrossRefGoogle ScholarPubMed; Hosken, F. P., (1976) 2 Womens International Network News 30–44Google Scholar; Boulware-Miller, K., “Female circumcision: challenges to the practice as a human rights violation”, (1985) 8 Harvard Women's Law Journal 155–177.Google Scholar

39 For interesting sociological discussions of this institution in Igboland see Uchendu, V. C., “Slaves and slavery in Igboland, Nigeria”, in Miers, S. and Kopytoff, I. (eds.), Slavery in Africa, Wisconsin, 1977, 121–132Google Scholar; K. Nwachukwu-Ogedengbe, “Slavery in nineteenth-century Aboh, Nigeria”, in Miers and Kopytoff, Ibid. at 133–154.

40 Grace, J., Domestic Slavery in West Africa, London, 1975, 2.Google Scholar

41 Miers, S., Britain and the Ending of the Slave Trade, London, 1975, 134.Google Scholar

42 Onwuejeogwu, op. cit., n. 16.

43 Rodney, W., “African slavery and other forms of social oppression on the Upper Guinea Coast in the context of the trans-Atlantic slave trade”, (1966) 7 Journal of African History 3.CrossRefGoogle Scholar

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46 Ibid., 132. On the osu see generally, Forde, D. and Jones, G. I., The Ibo and Ibibio-Speaking Peoples of South-Eastem Nigeria, London, 1967Google Scholar; Elias, T. O., The Nature of African Customary Law, Manchester, 1956, 98 argues that the osu was a distinct caste.Google Scholar

47 In 1956, the government of Eastern Nigeria passed a law outlawing the use of the words osu and ohu slaves, allowing them full political rights on equal basis with all others. See Nzimiro, I., Studies in Ibo Political Systems, London, 1972, 28.Google Scholar

48 Geoffrey, Nwaka, “The civil rights movement in colonial Igboland”, (1985) 18 The International Journal of African Historical Studies 473–486.Google Scholar

49 Nzimiro, , op. cit., n. 47, 118–128Google Scholar, contains a good description of this system in monarchical Igbo societies.

50 Uchendu, V. C., op. cit., n. 18, 100.Google Scholar

51 The Aro were traders who criss-crossed Southern Nigeria establishing settlements along the trading routes that they managed with the support of the Abam warriors. They were most active during the era of the Atlantic slave trade supplying slaves from the Igbo hinterland.

52 For a discourse on the Aro, see Anene, J. C., Southern Nigeria in Transition, Cambridge, 1966, 16–18.Google Scholar

53 Nzimiro, , op. cit., n. 47, 122–123.Google Scholar

54 See section on torture.

55 Onwuejeogwu, , op. cit., n. 13, 63.Google Scholar

56 The prohibition of banishment in the ICCPR is indirectly derived from the protection of the right of entry in article 12(4) ICCPR. See Nowak, M., UN Convention on Civil and Political Rights: ICCPR Commentary, Arlington, 1993, 218 at para. 45.Google Scholar

57 Ibid.

58 Nzimiro, , op. cit., n. 47, 121–122.Google Scholar

59 Arts. 14, 15 and 16 ICCPR.

60 Uchendu, V. C., op. cit., n. 18, 87Google Scholar; Arinze, F. A., Sacrifice in Igbo Religion, Ibadan, 1970, 4.Google Scholar

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62 Hogu, E., Christianity and Igbo Culture, Leiden, 1974, 40, claims to have discovered a public shrine called “Egbo Chukwu” (“The square of the Supreme God”) in Ihiala. This practice, one must note, is not widespread and is very likely a recent practice resulting from Christian influence.Google Scholar

63 See also the 1981 Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion and Belief, GA Res.36/55 of Nov. 25, 1981; United Nations, Human Rights: A Compilation of International Instruments, New York, 1993, 122–125.Google Scholar

64 For an interesting discussion of the divisive tendencies within the social practic e of Islam and Christianity, see Mazrui, A. A., “Human rights and the moving frontier of world culture”, in A., Diemer et al. (eds.), Philosophical Foundations of Human Rights, UNESCO, ch. 12.Google Scholar

65 For an interesting analysis, see Makau Wa Mutua, “Limitations on religious rights: prob-lematizing religious freedom in the African context”, in van der Vyver, J. D. and J., Witte Jr, (eds.), Religious Human Rights in Global Perspective, The Hague, 1996, 417–440.Google Scholar

66 Edmund, Ilogu, op. cit., n. 62, chs. 4–5 at 54–117.Google Scholar

67 Arts. 12 and 17 respectively of UDHR and ICCPR.

68 African Charter on Human and Peoples' Rights, 1981 arts. 18(1) and (2).

69 This practice is also noticeable among the Dogon of what was French Sudan, see Griaule, M. and Dieterlen, G., “The Dogon of the French Sudan”, in D., Forde (ed.), African Worlds, London, 1954, 83–110.Google Scholar

70 Some eastern Igbo communities are both matrilineal and patrilineal.

71 This is depicted in Chinua Achebe's Things Fall Apart when Okonkwo, forced into exile for hitting his wife during the holy week (an abomination), spends his years of exile with his maternal relatives.

72 A good example is Donnelly, J., “Human rights, individual rights and collective rights”, in J., Berting et al. (eds.), Human Rights in a Pluralistic World, UNESCO, 1990, 39–62 at 43–45.Google Scholar

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74 Ifemesia, C. C., Traditional Humane Living Among the Igbo, Enugu, 1979, at 46–49Google Scholar. For a detailed study of the political system of pre-colonial Onitsha see Henderson, R. N., The King in Every Man: Evolutionary Trends in Onitsha Igbo Society and Culture, New Haven, 1972.Google Scholar

75 See the last paragraph on the section on socio-economic rights.

76 Common art. 2 ICCPR and CESCR on non-discrimination in the enjoyment of rights; art. 3 of the ICCPR on the equal rights of men and women; arts. 8 and 26 respectively of the ICCPR against slavery and discrimination, and the Convention on the Political Rights of Women, 1953.

77 See Mojekwu, C., “The nature of law and justice in an African tribe”, LLM thesis, Chicago, 1972Google Scholar; Mojekwu, C., “Traditional law and justice in Nnewi community”, in L., Ekwueme (ed.), Perspectives on Igbo Culture, New YorkGoogle Scholar; Mojekwu, C., “Nation builders”, in Mojekwu, C. et al. , African Society, Culture and Politics, Washington DC, 1977, 191–200; andGoogle ScholarPye, L., Aspects of Political Development, Boston, 1966, quoted in Mojekwu, op. cit. (1980) at 86.Google Scholar

78 Burkina Faso v. Mali, 1986 IC J Reports 567.

79 Nair, K. K., Politics and Society in South Eastern Ngeria 1841–1906, London, 1972, 46–55Google Scholar notes the formation of a slave association in Old Calabar by the 1880s to protect the interests of slaves.

80 Ibid.

81 This practice has been fundamentally altered by the decision in Rasaki Tinusa v. Adesubokan discussed above.

82 Uchendu, , op. cit., n. 18, 87.Google Scholar

83 Ottenberg, , op. cit., n. 36, xi.Google Scholar

84 Ibid., 116–123.

85 Ibid., 116.

86 Meribe v. Egwu (1976) 1 All NLR 266.Google Scholar

87 For a captivating discussion of developments in Canada, see Herman, D., Rights of Passage, Toronto, 1994.Google Scholar

88 Afigbo, , op. cit., n. 10, 236–248Google Scholar; Leith-Ross, , op. cit., n. 10, 91–92.Google Scholar

89 Afigbo, Ibid., 241. In Opobo alone 32 were killed and 31 wounded, Leith-Ross, Ibid., 91.

90 Equiano, O., The Interesting Narrative of the life of Olaudah Equiano or Gustavus Vassa the African, eighth edition enlarged, Norwich, 1794Google Scholar, in Afigbo, , op. cit., n. 10, 162.Google Scholar

91 Equiano, Ibid., 14, in Afigbo, Ibid., 183.

92 Jones, G. I., Ibo Land Tenure, Africa, volume XIX, 1949, 309–313 at 313.Google Scholar

93 Chubb, L. T., Ibo Land Tenure, Ibadan, 1961, 20–22 at paras. 36–41.Google Scholar

94 Ibid., at 8, para. 14; Green, M. M., Land Tenure in an Ibo Village, London, 1931.Google Scholar

95 Hopkins, A. G., An Economic History of West Africa, London, 1973, 39.Google Scholar

96 Chubb, , op. cit., n. 93, 21, para. 39Google Scholar. He notes further that where a man denies his sons access to farmland, the family will show diem other land on which to farm.

97 Alutu, J. O., Nnewi History, Enugu, 1986, ch. 12.Google Scholar

98 Angulu, M.Onwuejeogwu, , op. cit., n. 13 (1987).Google Scholar

99 Afigbo, A. E., op. cit., n. 10 (1981) 42.Google Scholar See also Angulu, M.Onwuejeogwu, , op. cit., n. 16 (1981).Google Scholar

100 Some important oracles included the Agbala of Awka, Ibini Ukpabi of Arochukwu, Igwe ka Ala of Umunoha and Haaba Agulu among others. For a case study see Ejidike, M. O. and Izuakor, L. I., “Deity as an instrument of social control: the case of Haaba Agulu”, (1992) 1 Ngerian Heritage 20–26.Google Scholar

101 Afikpo, Edda, Unwana, Amaseri, Okpoho and Enna clans where on a man's death, his property—including the land at his personal disposal—is inherited by 1) his brodiers by the same mother; 2) his sisters of the same modier; and 3) the children, male and female, of his eldest sister, in that order of priority: see Chubb, , op. cit., n. 93, 22, para. 40.Google Scholar

102 For an interesting discourse on the dynamism of women's rights see Alston, P. and Steiner, H. J., International Human Rights in Context, Oxford, 1996, 885–967.Google Scholar

103 (1986) 2 NWLR 369.Google Scholar See also Lewis v. Bankole (1908) 1 NLR 81.Google Scholar

104 Rasaki Yinusa v. Adesubokun (1972) SC 27/70.

105 Basden, G. T., Among the Ibos of Nigeria, reprinted edition, London, 1966.Google Scholar

106 See Nwoga, D. I., Nka na Nzore: The Focus of Igbo World View, Owerri, 1984.Google Scholar He notes that villagers want to cut down a big and aged tree, they take four sticks of ogilisi (a flower tree used to demarcate borders in Igbo land), and plant them in a small square, put the neck of a pot in between, put some stones around the pot-neck and call upon the tree to move to that place and not be angry with them for removing it from its earlier habitation. From then on they offer periodic sacrifices to the tree at that shrine.

107 This is the crux of arguments regarding environmental protection under art. 55 of the First Protocol to the Geneva Conventions.

108 The recent case in which Nigeria tried to justify the trial of certain Ogoni leaders including Ken Saro-Wiwa by a special tribunal that largely ignored procedural and substantive safeguards by reliance on the special circumstances of the matter suggests a pleading of cultural diversity. This is clearly unjustified if we apply the standard established under the traditional practice of the Igbo who ensured that those under trial had ample opportunity to defend themselves. See also final part of section on the rights of political participation.