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ECONOMIC CRIMES AND NATIONAL SECURITY:CHALLENGES.
TABLE OF CONTENTS
PAGE (S)
Title Page – – – – – – – – i
Declaration- – – – – – – – ii
Dedication – – – – – – – – iii
Acknowledgement – – – – – – iv
Table of Content – – – – – – v-viii
List of Tables- – – – – – – – ix
List of Abbreviations- – – – – – – x-xi
Abstract- – – – – – – – – xii
CHAPTER ONE: INTRODUCTION
1.1 Background- – – – – – – – 1-6
1.2 Statement of the Problem – – – – – 6-8
1.3 Research Questions – – – – – – 8
1.4 Objectives of the Study – – – – – – 9
1.5 Significance of the Study – – – – – 9-10
1.6 Scope of the Study – – – – – – 10
1.7 Limitation of the Study – – – – – – 11
CHAPTER TWO: LITERATURE REVIEW AND THEORETICAL
FRAMEWORK
2.1 Literature Review – – – – – – 12
2.2 The Nature of Crime – – – – – – 12-16
2.3 The Concept of Economic Crime- – – – – 17-21
2.4 The Concept of National Security – – – – .21-27
2.5 Relationship between Economic Crimes and National
Security- – – – – – – – – 27-30
2.6 Theoretical Framework – – – – – – 31-34
CHAPTER THREE: RESEARCH METHODOLOGY
3.1 Introduction – – – – – – – – 35
3.2 Research Design – – – – – – – 35-36
3.3 Area of Study – – – – – – – 36
3.4 Population – – – – – – – – 36-37
3.5 Instruments of Data Collection – – – – 37
3.6 Validation of Instruments – – – – – 37-38
3.7 Methods of Data Collection and Analysis – – – 38
3.8 Weakness of the Methodology – – – – 38-39
3.9 Summary – – – – – – – – 39
CHAPTER FOUR: DATA PRESENTATION AND ANALYSIS
4.1 Introduction – – – – – – – 40
4.2 FRAUD – – – – – – – – 40-47
4.3 ILLICIT DRUG TRAFFICKING- – – – – 47-52
4.4 IMPLICATION OF ECONOMIC CRIMES ON
NATIONAL SECURITY- – – – – – 52-56
4.5 NIGERIA’S EFFORT AT COMBATING ECONOMIC
CRIMES- – – – – – – – – 56-62
4.6 CHALLENGES OF ANTI-CORRUPTION AGENCIES
IN COMBATING ECONOMIC CRIMES- – – – – 62-67
4.7 STRATEGIES FOR COMBATING ECONOMIC
CRIMES – – – – – – – – 67-72
CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS
5.1 CONCLUSION – – – – – – – 73-74
5.2 RECOMMENDATION – – – – – – 74-75
Bibliography – – – – – – – 76-81
Appendix I – – – – – – – – 82
LIST OF TABLES
Serial | Contents | Pages |
(a) | (b) | (c) |
4.2.1.1 | Fraud Cases in Banks. 1999 – 2009. | 44 |
4.2.1.2 | Police Data on Fraud Related Crimes. 2002 – 2008. | 46 |
4.2.1.3 | Suspects According to Age Distribution. | 47 |
4.3.4 | Drug Seized from 2000-2009. | 50 |
4.3.5 | Arrests and Gender Distribution in Drug Trade. | 51 |
4.5.6 | Drug Arrests and Prosecution. 1998 – 2009. | 60 |
LIST OF ABBREVIATIONS
1. AFF – Advance Fee Fraud.
2. CBN – Central Bank of Nigeria.
3. CPI – Corruption Perception Index.
4. EFCC – Economic and Financial Crime Commission.
5. FATF – Financial Action Task Force.
6. FDI – Foreign Direct Investment.
7. FGN – Federal Government of Nigeria.
8. ICAC – Independent Commission Against Crime.
9. ICPC – Independent Corrupt Practices Commission.
10. ICT – Information and Communication Technology.
11. NAPTIP – National Agency for the Prohibition of
Trafficking In Persons.
12. NDC – National Defence College.
13. NDLEA – National Drug Law Enforcement Agency.
14. NDIC – Nigerian Deposit and Insurance Cooperation.
15. NGO – Non Governmental Organisation.
16. NIPC – Nigeria Investment Promotion Commission.
17. NNPC – Nigerian National Petroleum Corporation.
18. NPA – Nigerian Ports Authority.
19. NPF – Nigeria Police Force.
20. PDP – People’s Democratic Party.
21. ONDCP – Office of National Drug Control Policy.
22. UBN – Union Bank of Nigeria.
23. UK – United Kingdom.
24. UN – United Nations.
25. UNDP – United Nations Development Programme.
26. USA/US – United State of America.
27. SPDC – Shell Petroleum Development Corporation.
ABSTRACT
This study was set out with 5 objectives: to establish the relationship between economic crimes and national security, to examine the effect of economic crimes on national security, to examine the steps taken by Nigeria to combat economic crimes, to examine the factors militating against the eradication of economic crimes in Nigeria and to suggest strategies of curbing economic crimes in Nigeria. The method used included the unstructured interviews and documentary methods. The study revealed there is a converse relationship between economic crimes and national security. A high rate of economic crimes in Nigeria would lead to a poor state of national security. To curb this menace, the FGN enacted some laws and established some anti-corruption agencies to fight economic crimes. This notwithstanding, economic crimes have continued to thrive in Nigeria. Consequently, some areas of challenge to the anti-corruption agencies were identified. Some of them are lack of political will to fight corruption, and loopholes in the judiciary system that enabled offenders to get very mild verdicts for their crimes. To this end, some strategies were proffered as a way of overcoming the identified challenges. These included the abrogation of the immunity clause in the Nigerian constitution and the award of very severe punishments to offenders so as to deter others. Additionally, it was suggested that special courts should be established. These courts are to deal strictly with economic crimes so as to enable quick disposals of cases of economic crimes.
CHAPTER ONE
1.0 INTRODUCTION
- BACKGROUND
The phenomenon of crime has been in existence since time immemorial. From the time Adam disobeyed God in the Garden of Eden to the modern highly complex crime networks, the human society has never been devoid of criminal activities. Human nature is inflexible and hence crime, which is a product of human existence, has remained irrespective of space, time or age. Nevertheless differences do exist in the practices prevalent in various cultures and societies.
A holistic definition of crime has remained illusive to scholars. This implies that there is no simple definition for crime. It is an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law (Pillai, 2001:13). Adam smith’s natural theory of law on one hand defines crime as, ‘the violation of individual rights and man made laws’ or simply, an illegal act (ibid:14). There are varying classifications and categories of crime.
The FBI classifies crimes into violent, property and economic crimes. Violent crimes include murder and homicide (voluntary manslaughter), forcible rape, aggravated assault, and robbery while property crimes include burglary, arson, larceny, and motor vehicle theft. Economic crimes on the other hand include the embezzlement of public funds, currency trafficking and money laundering. Other categories of economic crimes include tax evasion, AFF and all such illegal acts that may have a damaging effect on the economy of the host country (www.fbi.gov).
Since the end of the Cold War, many countries have witnessed great advancement in science and technology. This advancement in technology brought about a revolution in ICT. With the world now globalized, the ICT revolution in the Twentieth Century literally removed the barriers of time and space, thus increasing political and economic interactions among nations. This development ushered in abundant opportunities in the areas of tourism, culture and economic interaction among many countries. This resulted in the free and fast movement of people, information, goods and money across international borders. Thus with ICT, huge funds could be transferred across the globe electronically within a very short time.
These new opportunities brought along with them some challenges, such as the issue of economic crimes and the attendant insecurity. Economic crimes have since taken a new dimension of complexity with no respect for international boundaries. This has seriously threatened the world economy as well as the physical security and sociological well being of many countries.
All countries are vulnerable to the harmful effects of economic crimes. In the USA, daily foreign exchange transactions is estimated at US $1 trillion, out of which over US $20 billion is lost to economic and finance related crimes annually (Robinson, 2005:5).Similarly, the UK looses ₤25 billion yearly through scam (ibid:6). Commenting on the amount of money involved in this crime, Edward Jurith, acting director of the US ONDCP, stated that it stood roughly at US $1 trillion a year. This is largely realized from drug trafficking (Jurith, 2002:212). This implies that the volume of economic transactions across the world economies in a day is huge. It is therefore difficult to track dubious dealings in the midst of legitimate payments.
The effect of economic crimes is worse in African countries due to their weak economic structures, corruption, high rates of unemployment, mass poverty and poor wealth distribution. These are pre-requisites to the thriving of economic crimes. When the youths are unemployed and poverty threatens their very existence, they become prone to anything that guarantees their survival. Thus in most cases, Internet scam, AFF and drug trafficking become their most viable options. Similarly, when corruption has eaten into the fabric of a nation, economic crimes like embezzlement of public funds, money laundering, tax evasion and currency trafficking become the order of the day.
In Nigeria, the menace of economic crimes has been on the increase. A lucrative stock market, a well capitalized banking sector and a weak financial regulatory mechanism provide the suitable platform for economic crimes to flourish. Similarly, the lack of stringent policies on corruption has encouraged a lot of politicians and government officials to embezzle public funds without fear of ramifications. Several politicians and government officials have been indicted for embezzlement of public funds within the last decade (Ribadu, 2010:4).Additionally, illegal oil bunkering and pipeline vandalism are reported on regular basis leading to reduction in crude oil output. Furthermore, incidences of AFF and internet scam have persisted in the last decade. These illegal economic activities have impacted negatively on the Nigerian economy and her international image. One of the cumulative effects this has on Nigeria is the reduction in FDI and disruption of economic development. These have had a direct impact on Nigeria’s national security (ibid:5).
According to AS Mukhtar (2007:4), threats to Nigeria’s national security include border conflicts, bad governance, ethnic conflicts, militancy, underdevelopment and corruption such as economic and financial crimes. Thus, the rate of economic crime imposes real threats to the national security of the country.
The fight against economic crime in not new in Nigeria, yet this phenomenon has continued to spread its tentacles across every sector of the economy. Though economic crimes cannot be completely eradicated from the society, its frequency can be greatly reduced through organized planning and calculated measures. Accordingly, several anti-corruption agencies have been set up to combat economic and financial crimes in Nigeria. Some of these agencies are the EFCC, ICPC, NDLEA and NAPTIP among others. The activities of these agencies have raised hope that economic crimes can be curtailed in Nigeria.
The World Bank in 2006, ranked Nigeria among 26 countries that risked collapse as a result of bad governance, corruption and high rate of economic crimes (Alobo, 2006:62). Economic crimes erode the integrity of the financial institutions and discourage FDI. These are serious challenges to the Nigerian economy that could undermine her national security. It is against this background that this researcher is motivated to embark on the study of the effects of economic crimes on national security and the challenges they constitute to the anti-corruption agencies in Nigeria.
1.2 STATEMENT OF THE PROBLEM
Economic crimes have been in existence since colonial times. Initially limited in scope and accorded little importance, economic crimes started generating public concern in Nigeria from about 1984 when a decree specifying among others, the death penalty for drug traffickers was promulgated and backdated. Two citizens found guilty retroactively were subsequently executed thereby attracting public awareness among the populace about an otherwise little known crime.
Other economic crimes such as embezzlement, tax evasion, fraud, money laundering, illegal oil bunkering, arms and human trafficking and pipeline vandalism soon escalated. The World Bank estimates that as much as $200 billion has been lost to corruption and mismanagement in Nigeria since independence in 1960 (Zero Tolerance, 2008:17). In 2007, Ribadu, then EFCC chairman, said on the floor of the Senate that ‘31 out of 36 governors were indicted for acts of embezzlement of public funds’ (Newswatch, 2007:6). Despite sustained efforts to curtail these crimes, the phenomenon has continued to grow, threatening national security and sustainable development.
Increase in economic crimes have also taunted Nigeria’s image in international relations. This has led to the blacklisting of Nigeria by the USA for not doing enough to curb the involvement of Nigerians in economic crimes. In July 2002 for instance, Nigeria was decertified and Americans were advised ‘to be wary of transacting business with Nigerians’ (Sule, 2004:4) Similarly, the Transparency International in 2003, rated Nigeria as the second most corrupt country in the world after Bangladesh. However, by 2010, Nigeria’s position had dropped to the forty fourth most corrupt country in the world. But this in no way suggests that corruption rate had reduced in Nigeria but merely an indication that other countries had become more corrupt than Nigeria. Nigeria’s CPI still remained very low (www.transparentcyinternational.
com). Measures so far taken by the government to curb economic crimes have yielded little result.
1.3 RESEARCH QUESTIONS
In light of the foregoing, this research seeks to answer the following questions
a. What is the relationship between economic crimes and national security?
b. What are the effects of economic crimes on national security in Nigeria?
c. What measures has Nigeria taken to combat economic crimes?
d. What factors have militated against the eradication of economic crimes in Nigeria?
e. What strategies are best suited for the eradication of economic crimes in Nigeria?
1.4 OBJECTIVE OF STUDY
The objective of this study is to examine the effect of economic crimes on national security in Nigeria. Thereafter, strategies that could assist in eradicating the menace will be recommended. Specifically, the objectives of the study are to:
a. Establish the relationship between economic crimes and national security.
b. Examine the effect of economic crimes on national security.
c. Examine steps taken by Nigeria to combat economic crimes.
d. Examine factors militating against the eradication of economic crimes in Nigeria
e. Suggest strategies to curb economic crimes in Nigeria.
1.5 SIGNIFICANCE OF THE STUDY
. This study is significant because it seeks to provide the FGN, policy makers and anti-corruption agencies with a vivid understanding of
economic crimes. Furthermore, it will assist in informed policy formulation and the institution of more effective measures against economic crimes. It also seeks to enrich the existing body of knowledge, provoke further discussions and raise more public awareness on the menace of economic crimes to the society. It will provide scholars and researchers with new basic reference materials for further research work on the subject matter.
1.6 SCOPE OF STUDY
In view of the vastness of economic crimes, this study paid particular attention to fraud and drug trafficking as they affect national security, with emphasis on Nigeria’s experience from 1999 to 2010. Fraud and drug trafficking were particularly chosen for study because of their very damaging effect on the nation’s image and their impact on national security. Nigerians are often suspected and treated as criminals at international ports of entry into other countries just for being Nigerians. The country’s efforts to attract foreign investments and accelerate development can hardly be realised unless this problem is resolved.
The study covered the period from 1999 to 2010. This period was chosen because of government’s renewed efforts since 1999 to fight corruption at all levels and in all spheres of the country.
1.7 LIMITATION OF STUDY
The major limitation faced during this study was the poor methods of record keeping by most agencies and institutions. Similarly, confidentiality of information and documents also posed a limitation to this research. Consequently, despite several visits to such agencies, it was difficult to obtain vital up-to-date information. Another limitation to the study was the reluctance of some government officials to grant interviews. These limitations notwithstanding, the researcher used the secondary source to complement dearth faced with the primary source. The internet was also effectively utilized. Thus these limitations did not adversely affect the reliability and the validity of the study.
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SECURITY OPERATIVES AND INCESSANT THREAT TO HUMAN SECURITY: A CASE STUDY OF RIVERS STATE
CHAPTER ONE
INTRODUCTION
1.1 Background of the study
The provision of security is an important need of every human in modern societies considering how people easily tend to make life miserable for others or constitute threat to human and national security through acts capable of undermining law and order. However, while some are legal security providers, there are groups that are categorised as illegal security providers whose acts, when not checked, can create insecurity to their targets or victims.
Security remains a basic necessity in the lives of people and states. The phenomenon is prominent in national discourses. Dambazau (2012:15) argues that Nigeria is overwhelmed by the threats posed by all manners of conventional criminal behaviour; militancy and insurgency; transnational crime syndicates involved in human and drug trafficking, advance fee fraud (419), and cybercrime; political violence, including election violence; ethno-religious conflicts, especially in the North, leading to violent deaths and destruction; and resource-based conflicts over land; and the recent security threats from the Islamist sect Boko Haram. Fawole (2008) identifies the perennial problem of religious and ethnicity-fuelled uprisings in the country as internal security threats with profound implications for foreign policy.
Adequate human security is the prerequisite for developmental projects to take place. Sustainable human development is only achievable when criminal activities which threaten human security are eradicated. As highlighted by the Brundtland of 1987, the essence of sustainable development is to prioritise basic human needs for the present and future generation. But this people-oriented objective cannot be achieved without the actualisation of human security. This makes the development process to protect the opportunities of generations yet unborn (Ajakaiye and Akinbinu, 2000). Mitigating insecurity in all parts of the country should start with actions that address all forms of human security threats. This trend of human insecurity has made the country to be described as one of the most dangerous places in the world with poor rating on the Global Peace Index. Most human security-threatening factors are occasioned by poor management of resources, inadequate planning, selective implementation of policies, poor intelligence gathering and inadequate early response mechanism.
The sophisticated weapons criminals use indicates that it is possible that some people somewhere are working for the criminals. Their firepower is adjudged superior to that of security agents. The government is yet to realise that most threats to national security originate from ineffective human security. For instance, the Boko Haram imbroglio is a continuing challenge with a political underpinning that has been widely noted by different scholars. The religious colouration notwithstanding, the frustration-aggression perspective cannot be downplayed. The militancy in the Niger Delta, the kidnapping in the Southeast and the ascendancy of the blue-collar crime can have their ancestry traced to the inequitable character of Nigerian politics. Several important figures and arms caches of the movement have been uncovered (Olowu, 2012). Thom-Otuya (2016) avers that the high level of small arms proliferation across the country in the form of arms build up is responsible for the rate of crime, community conflict, crude oil theft, kidnapping, and militancy. The availability of arms, with the associated security cost of pipeline vandalisation, usually leads to the deployment of security forces which creates public sense of insecurity (Aghalino and Okolie-Osemene, 2014). It has also aggravated state fragility. Donais (2017:3) further states that “part of the very essence of state weakness or fragility relates to the inability of governments to exercise effective control over territory, while conflict leads to the further fragmentation of security provision.” Development and security are inextricably linked, and this demands collaboration and coordination between government agencies and the civil populace to make human security achievable in Nigeria.
1.2 Statement of the problem
Over the past few years, Rivers State recorded unusual incidents of violence and armed banditry stemming from availability of arms in the wrong hands, which culminated in cultism, kidnapping, formation of militant groups and other criminal activities. The various groups that emerged as outlaw security providers have taken advantage of the volatile nature of the Niger Delta region occasioned by the struggle for resource control, environmental degradation, insecurity, mass poverty, youth unemployment and poor infrastructure to perpetrate crime within Rivers. Also, Nwajiaku-Dahou (2010) notes that associated political grievances were heightened by underdevelopment and the alienation of local people from rights to land and resources in the Niger Delta.
The problem was even aggravated by the phenomenon of youth restiveness which created a platform for activities of militant groups. Consequently, the outlaw security providers became beneficiaries of youth restiveness and freedomfighting endeavour of the people in Rivers State. The problem in this regard is that the militants represented the biggest security threat to the government. Very few identified the debilitating role of the outlaw security providers whose acts continue to undermine the efforts of security forces in securing the state. Most people focused on the activities of Movement for the Emancipation of the Niger Delta (MEND), Niger Delta Peoples Volunteer Force (NDPVF), and others, which target oil exploration and multinational oil companies operating in the area.
Some outlaws have gained prominence through their resolve to resist the marginalization of some groups in the society with assurances to protect when threatened by the state or other groups.
Security providers are stakeholders in human security and, most times, they require the use of firearms to carry out their duties. However, there are times when their belief in the instrument of violence can make them abuse the availability of arms at their disposal to unleash terror on people or even adopt extra-judicial means to punish deviance or perceived wrongdoing.
In Rivers States, there are numerous security providers with different assurances on their capacity to protect people and claims to the ability to fend off threats targeted at communities where they have footprint. Such claims and counterclaims indicate why there is usually a challenge of joint security operation in an environment where state security providers, and traditional, commercial and even outlaw security providers exist.
Joint security operations are the actions and responses of state security providers which are deployed to check or contain arms proliferation carried out by outlaw security providers (Wallstrom, 2011:51). The presence of soldiers and other security operatives helps to instil discipline and orderliness in any environment or state that recorded instability or lawlessness to change the perception of people taking the law into their own hands and going away with it (OkolieOsemene and Aghalino, 2013). It is not disputable that if unchecked, outlaw security providers have the capacity to cause insecurity, as well as urban or community youth violence, and create a perception of negative peace, particularly in the minds of the residents of communities. Security operatives are facing the challenge of nipping their activities in the bud.
The troubling aspect of the existence of this category of security providers is that many outlaw security providers are usually engaged in deviant acts, such as assassination, extortion, violence against women and children, thuggery, kidnapping and attack on suspected cultists who threaten their existence.
Managing this problem is a challenge to the state government, which has to rethink security policies with the aim of regulating some activities of individuals and groups in Rivers State. Many people have raised questions on why it is so challenging for the government to address the problem of security providers who have been operating with impunity. Rivers State demands scholarly attention owing to the fact that the state has remained the hotbed of outlaw security providers’ activities in recent times. This made most gubernatorial aspirants to harp on how security provision would become the preoccupation of their government if voted into office as the chief security officer of state. The state capital Port Harcourt, remains the most urbanised city in Niger Delta which has been witnessing rural-urban migration since the advent of oil exploration and exploitation activities. Prior to the national amnesty programme which paved the way for Nigeria’s disarmament, demobilisation and reintegration programme for repentant militants, the state was a host of militancy. Then militant leaders like Asari Dokubo, Ateke Tom, and Sogbomo George emerged. Many Rivers State youths became members of militant groups, like the Movement for the Emancipation of the Niger Delta (MEND), Niger Delta Peoples Volunteer Force (NDPVF), Niger Delta Vigilante (NDV) and the Niger Delta Avengers (NDA).
Rivers is a state where relative deprivation, horizontal inequalities, frustration/aggression, greed and grievance exist. The state has also witnessed proliferation of social movements which agitate for youth-focused development and oil exploration in line with global practices for environmental sustainability, as well as clampdown on non-state actors by successive military and civilian administrations with attendant implications for socio-economic rights in the state. The state hosted the first disarmament exercise for non-state armed groups in 2005, when cash was given to repentant militants in exchange for the weapons they surrendered, especially small arms and light weapons, even before the Federal Government of Nigeria contemplated adopting the amnesty-oriented option as a strategy to managing the Niger Delta imbroglio.
Security provision in many parts of the developing world is fluid, and involves complex and hybrid arrangements consisting of multiple actors, both state and non-state (Dambazau, 2012; Hove, 2013; Pérouse de Montclos, 2016; Gupte, 2017; Donais, 2017; Lawrence, 2017). There is a corpus of literature on human security, joint security operations, arms proliferation as well as the significance of the rule of law and security sector reform in regulating the activities of security providers. However, most the studies did not adequately explore the role of Outlaw security providers and how they use arms to complicate security collaborations carried out by state actors. Even studies on Niger Delta, particularly the lethal violence within the region, did not properly examine the impact of outlaw security providers.
1.3 Significance of the study
The conundrum of unstable society continues to undermine government’s efforts to guarantee human security. In Rivers State, the main significance of this study is to come up with recommendations and solutions to incessant threats to human security. This research will also produce a blueprint that can be used for further research in this discuss.
1.4 Scope of the study
This study was carried out in selected local government areas in Rivers state,namely, Etche, Ikwerre and Obio-Akpor lgas respectively.
1.5 Objectives of the study
1. To understand the nature of insecurity in Rivers state
2. To understand the role of security operatives in security state in rivers state
3. To identify relationship patterns between activities of security operative in river state and human security in rivers state.
1.6 Research Objectives
1. What is the nature of insecurity in Rivers state
2. What are the roles of security operatives in security state in rivers state
3. What are relationship patterns between activities of security operative in river state and human security in rivers state.
1.7 Research Hypothesis
H0: There is a weak relationship between activities of security operative in river state and human security in rivers state.
H1: There is a strong relationship between activities of security operative in river state and human security in rivers state.
1.8 Definition of terms
1. Human security: Human security means protecting fundamental freedoms – freedoms that are the essence of life. It means protecting people from critical (severe) and pervasive (widespread) threats and situations”. Human security integrates three freedoms: freedom from fear, freedom from want and the freedom from indignity.
2. Security Operatives: A person employed by a government or private party to protect the employing party’s assets (property, people, equipment, money, etc.) from a variety of hazards (such as waste, damaged property, unsafe worker behavior, criminal activity such as theft, etc.) by enforcing preventative measures.
3: Social disorder:
Social anxiety disorder (also called social phobia) is a mental health condition. It is an intense, persistent fear of being watched and judged by others. This fear can affect work, school, and your other day-to-day activities. It can even make it hard to make and keep friends.
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