Banner Online News

By Richard Akinnola II

(Being the presentation of RICHARD AKINNOLA, Director, Media Law Centre at a Summit organised by the Delta State government to commemorate the World Human Rights Day, December 10, 2018).

INTRODUCTION
A civil society organization (CSO) is a legally constituted organization created by natural or legal persons that operate independently from any government. CSOs are coterminous with non-governmental organizations (NGOs) and non – state actors (NSAs). CSOs pursue some other social aims that have political aspects, but that are not overtly political organizations such as political parties.
The World Bank defines CSOs as private organizations that pursue activities that relieve suffering, provide basic social services, promote the interests of the poor, protect the environment or undertake community development. Essentially, CSOs are social benefit organizations and they emphasize humanitarian issues, development and sustainable development.

It is self-evident that societies can only be free and endure when all key components of economic growth and social stability are supported and sustained. This can only be attained when all processes of development are driven with a good number of civil society participation. Hence the participation of civil society organizations in processes of development including the promotion and protection of human rights is a necessity.

In Nigeria, today, there are many civil society organizations. As at 1987, there was only one institutional human rights organization in Nigeria, that is, the Civil Liberties Organization(CLO) which was founded on October 15, 1987 by Olisa Agbakoba, Clement Nwankwo, Richard Akinnola and Abdul Oroh. However, present evidence shows that civil society organizations have multiplied at a fast rate. In fact, one may not be wrong to say that the civil society is one of the fastest growing sectors in the country, if one looks at the rate at which organizations that refer to themselves as human rights groups have sprung up. There may well be over two thousand of such groups in Nigeria today as a cursory look suggests.

Civil society organizations in Nigeria, according to research by CIVICUS Civil Society Index (CSI) Project in Nigeria implemented by Action-Aid and DevNet with support from UNDP-Nigeria have contributed to a positive social change in Nigeria. However the CSI research reveals that civil societies in Nigeria operate in a relatively disabling environment.

A cursory look at the onset of government/civil society organizations relationship in Nigeria, reveals that from the beginning of the emergence of civil societies, civil society organizations, especially those of the human rights genre, the relationship with the government was a difficult one. In fact, it was adversarial to the government during the military era when such groups emerged, with the military governments making every effort to stamp out such groups through clamp downs, arrests, brutality, detentions and closure of offices of civil society groups. Government failed to recognize civil organizing and the huge repertoire of knowledge that reside within the sector as good enough to contribute to national development. So many civil society organizations were treated with disdain and were often referred to as trouble makers and rabble rousers in the politics of development.

It has been postulated that the relationship between government and civil society organizations is constantly in a flux (co-operative, conflictual or non-existent) and that when the political authority lacks legitimacy that the relationship between the two tend to be antagonistic and adversarial (Adejumobi 2005). Others have also argued that the character of government- civil society organizations relationship can be determined by the extent of division, inequality and conflicts between rulers and the rest of society as well as the degree to which every person in the society has a sense of belonging. Consequently, democratic rule in Nigeria opened up a vista of opportunity for improved government – civil society organizations relationship.

Given the fact that the economic, social and political system in Nigeria has practices which have largely remained exploitative, unaccountable and oppressive to a vast majority of Nigerians, civil society organizations (especially those – involved in human rights work) find themselves in a conflicting relationship with government and its agencies , which may not be too keen to go against the government of the day, or may outrightly look the other way in the face of obvious abuse of human rights by other powerful institutions that are agents of government itself.

At the institutional level on the relationship between the government and Civil Society organizations, there is the challenge of how to deal with a chain of administrative practices and laws that enthrone secrecy in governance that ties the hands of every government institution.

At the individual level amongst actors in both civil society organizations and public institutions, there are few converts to the idea of creating a working partnership that works for mutually beneficial ends. There is a poor level of trust between CSOs and government as CSOs often believe government is corrupt, and government view CSOs as rent seekers.

However, it is heart-warming to note that a recent development in our polity suggests that a new and better relationship is on the emergence. It is in that context that one views the necessity of CSOs in partnering with the government in achieving SDG goals, particularly against the background that CSOs were actively involved in the consultative processes that led to the adoption of the 2030 agenda (Edward Kallon, 2017).

It should be noted that many CSOs on their part have attitudinal dispositions that make building a synergy difficult. Many CSOs especially of the human rights genre have what I may call resistant initiatives. They seek justice without using the strategy of mass mobilization and mass support across the country.

It has also been observed that although the official focus of some CSOs in Nigeria may be dramatized or orchestrated to reflect populist concerns, the ultimate goal is to achieve the personal, socio-political and financial interests of its founders/promoters. Such a CSO will not be in a position to build synergy with anyone (least of all, a government agency) to deliver social benefits to society, as the subjective goals which dictate actual conduct of affairs in such organizations are opposed to the official goals and objective of the organization.

Building a synergy
It is therefore imperative that CSOs partner with the Delta State government to achieve these SDG goals.

The usual thinking is that CSOs ought to be critical of the State and its agencies and that any relationship of any sort will make them to complement failures. But criticism does not always require bitter confrontation. There is a need for CSOs and government bodies to develop a good relationship, where necessary, and to cooperate with each other.

A positive relationship between the State government and CSOs in the delivery of the SDG gives a renewed hope for the people of the State. By working together, the State government and CSOs will produce results not obtainable when they all act independently.

TRANSPARENCY AND SUSTAINABLE DEVELOPMENT
However, one critical area germane to meeting these goals is the issue of transparency which is lacking in most governments. Many African Countries, especially in Sub-Sahara Africa, have experienced retarded growth, not as a result of insufficient basic and natural endowments, but largely due to lack of transparency in governance which has made development and accountability almost impossible.

Transparency is simply making all details about a process, workings of government or institutions available and known to all involved or those who may be affected by the process or acts of governance. Transparency means accountability and it demands that all the facts and figures concerning government or organizations activities are available and stakeholders can “see through”, examine and use them to make useful and informed deductions, judgments and conclusions. It enhances participation, gives all stakeholders a sense of ownership and responsibility and accelerates development. The essence of transparency in governance must have led John Adams, second President of the United States, to write that “liberty cannot be preserved without a general knowledge among the people, who have right and desire to know”.
In the case of government, transparency allows citizens and tax payers to undertake simple research that will enable them have information on how they are governed and how their tax is utilized. It presents a duality of responsibility – citizens’ right to make government responsive and to demand for details of government activities and a obligation on government to make all available facts and figures on activities of government to citizens without hindrance.
Transparency and its linkages
Transparency has direct link or correlation with the economy and quality of life, depth of democracy and effectiveness of the rule of law and the level of literacy and civilization in a particular Country.

A major factor that separates developed and developing Countries from non-developing countries is the degree to which economic and political activities are subjected to transparency and accountability. In essence, there is a direct correlation between the level of transparency within a Country’s system and the state of economic development. In the last Transparency International Corruption Perception Index (2017) the top forty Countries on the schedule is dominated with advanced countries with strong Human Development Index (HDI) while the lower rung of the Index is populated by under-developed African Countries.

Except for few exceptions, it can be established from the report that the lower a Country’s transparency perception, the higher the level of poverty or the lower the quality of living. Nigerian is ranked 147 on the table, scoring a paltry 27 points, well below the average score of 34 points. Botswana is the only African Country that made it to the list of top forty Countries on the schedule, while Sudan and Somalia are the least ranked Countries, scoring 12 and 9 points respectively.

Countries in the lower rung of the ladder are all poverty ridden Countries. They are either war torn Countries like Syria and Somalia or where the rule of law and liberty have been suspended or are corruption riddled countries where government businesses are shrouded in secrecy like Nigeria and Yemen. Therefore, it can be inferred that the higher the level of transparency in a Country, the deeper the depth of its democracy, the higher the efficacy of the rule of law and vice-versa.

Closely linked to above is the reality that civilized countries with high litereracy level place more premium on transparency. Russia, well known for lack of transparency in government business is the only G8 Country found in the lower rung of the Corruption perception Index. Indeed, there is a direct link between education and development. Technical efficiency, essential to economic development, is derived from formal and informal education. However, the potentials in education are buoyed by transparency which always results in efficiency in spending and effective prioritization process.

Transparency demands that all financial and public information should be made available through easily accessible and available medium. Transparency in government business demands that the general public should take ownership of all income and expenditure of government. It is assumed such transactions are done for them, with their knowledge and consent. Government budgets and their implementation should originate from the people, must reflect citizens wants, desires inputs and development objectives. The execution of the budget should flow in the same manner, open to the extent that all stakeholders are not only positioned to demand for all the details but must ensure that they are done in line with agreed standards and achieve stated economic and development objectives. It is citizens right to undertake performance evaluation of people elected to serve them.

Whither Nigeria?
What do we have in Nigeria and how has lack of transparency hampered economic stability and sustainable development?
Lack of transparency suggests a chaotic, rudderless and corruption ridden environment where activities of government are shrouded in secrecy. In such a system, you have gross mismanagement and exploitation of people and resources. Corruption leads to low quality of life and widening income inequality and their attendant problems – crime, social division and discrimination, insecurity and low life expectancy.

Development economists have defined development as economic growth sustained over a long period of time. In the past four decades, we have had growth predicated on trends in commodities market, specifically drive by oil revenue, without development. Basic government finance and activities are shrouded in secrecy. Revenue from oil, taxation and other major income heads are relatively unknown, giving room for leaders to spirit huge revenue, running into several billions of Dollars, away from the system rather than being aggregated to fund development activities.

In spite of technological advancement in the today’s world:
The exact output of oil can hardly be established
A good estimate of oil can hardly be determined
No clear record of solid minerals deposit and revenue
Debts are taken by State governments without full disclosure.
Internally Generated Revenue are shrouded in secrecy

Cost of generating revenue are not known to the critical stakeholders and citizens
In Nigeria, it is difficult to quantify the actual quantity of our national wealth that goes into developing our Country. Apart from Personal Income Tax that is taken at source, no one can say the exact amount of tax any individual or corporate body is expected to pay as tax. And when revenues are paid into government coffers, it is difficult, if not impossible to know which proportion of it is used judiciously.
In the absence of transparency, rent-taking and corruption gain impetus.
It is tragic that apart from revenue from oil grossly mismanaged in the last four decades and largely unaccounted for, debt negotiated at high rates are siphoned with citizens denied the privilege to evaluate utilization.

Africa Progress Group (APG) in its 2013 Report stated that natural resources companies cost Africa an average loss of USD25b yearly to all kinds of manipulation of the tax system and phony and ambiguous business transactions. Between 2010 and 2012 alone, it was reported that a USD7b to mismanagement of the fuel subsidy transfer alone.

The results of lack of transparency are there in Nigeria. One of world’s endowed Nations is now home to the highest number of people living in extreme poverty.
Nigeria is now the poverty capital of the world
India is six times Nigeria’s population but Nigeria has more people living in extreme poverty than India.

In spite of our oil wealth, number of people living in extreme poverty in Nigeria grew from 10m in 1980 to 87Million in 2018.
Six Nigerians fall below the extreme poverty line every minute;
12 million children are out of school.

Strive for economic opportunities have led to social crisis which if not curtailed may create world’s biggest humanitarian crisis.
If the resources stashed abroad or used to acquire ill-gotten wealth had been devoted to building utilities and social infrastructure like hospitals and schools, Nigeria would have been on a strong footing for sustainable development. Nigeria has no business with poverty!

The way forward!

In spite of the current government’s avowed commitment to anti corruption war, there is no indication that the trend has changed. Management of fuel subsidy since 2015, for instance, has been less than transparent.
The realization of United Nations Sustainable Development Goal (SDG) 2030 is hinged on the use of disclosure and transparency to fast track development especially in Nation’s extractive industries. If these SDG goals will be met, then Nigeria has a central role to play.

Transparency must be entrenched in our national life. Nigeria must use whatever resources God has blessed her with to fight poverty. Without transparency Nigeria cannot aggregate enough resources to fund development. Lack of transparency makes an economy a high risk terrain. High risk economies find it difficult to attract Foreign Direct Investments (FDI); they always have a preponderance of portfolio investment. Transparency is required to attract the required FDI to fund infrastructure in Nigeria.

With a sustained synergy between the CSOs and the State government, these obvious gaps can be bridged in meeting these sustainable development goals.

REFERENCES
1. Adejumobi, S.(2005), “ Defining Civil Society”, Paper presented at the Strategy Meeting on Civil Society Reform organized by Open Society Initiative for West Africa and Centre for Development of Civil Society at the Chelsea Hotel Abuja on August 8, 2005
2. Gahia, C. (1993) Human Rights in Retreat: A report on Human Rights Violation of the Military Regime of General Ibrahim Babangida. Lagos: Civil Liberties Organization.
3. Olakanmi, O. (2007) Handbook on Human Rights. Panaf press
4. Uwem Essia and Afzal Yearoo (2009), “Strengthening civil society organizations/government partnership in Nigeria”, article International NGO Journal Vol. 4 (9), pp. 368-374, September, 2009