Aead of tomorrow’s planned Nationwide Protests by Civil Society Groups tagged “#EndbadGovernance”,the National Human Rights Commission NHRC acting under section 5, paragraphs (m) and (o) of the NHRC (Amendment) Act of 2010, has restated the law and principles for the enjoyment and protection of the right to peaceful assembly and association.
This is coming following the August 2024 End Bad Governance protests and the second round of protests planned for October 1st 2024.
Speaking at a press conference held in Abuja on Monday,the Executive Secretary, National Human Rights Commission NHRC,Dr.Tony Ojukwu said the right to peaceful assembly is a fundamental human right recognized internationally, regionally, and at national level.
He said “In Nigeria, this right is enshrined in Section 40 of the 1999 Constitution of Nigeria as amended and further strengthened by international and regional human rights instruments. Section 40 provides that: “Every person shall be entitled to assemble freely and associate with other persons, and in particular, he may form or belong to any political party, trade union or any other association for the protection of his interests.
Furthermore, article 11 of the African Charter on Human and Peoples’ Rights (ACHPR) provides that “Every individual shall have the right to assemble freely with others.
“The right to peaceful assembly is the cornerstone stone of our liberty and an essential instrument for promoting the values of democracy and good governance. Protests are legitimate means of voicing dissatisfactions and participating in shaping citizen-centred governance and development outcomes.
Principles and Values of the Rights to Assembly:
“The African Commission on Human and Peoples’ Rights and the Human Rights Council have given us a set of principles which should guide the promotion and protection of the right to peaceful assembly as follows:
Non-discrimination: All individuals should be able to exercise their rights to peaceful assembly without discrimination based on race, gender, political affiliation, or any other status.
Legitimate Restrictions: While freedom of association and assembly is fundamental, it can be subject to restrictions. However, such restrictions must be lawful, necessary in a democratic society, and proportionate to the aim pursued. This means that any limitations imposed by Nigerian authorities must not infringe upon the essence of these rights.
Protection from Violence: The state has an obligation to protect individuals exercising their rights from violence or intimidation by third parties. This includes ensuring that protests can occur without fear of repression, prosecution or violent backlash.
Notification Requirements: Requirements for pre-notification of law enforcement should not serve as barriers but rather facilitate peaceful protests. Notification requirement should not be burdensome and not hinder the exercise of this right.
Use of Force: Any use of force by law enforcement during protests must adhere strictly to principles of necessity and proportionality. Excessive use of force against protesters, including shooting or the deployment of tear gas is a violation of human rights and dignity.
Obligations of the Federal and State Governments:
The National Human Rights Commission hereby restates the following obligations of both federal and state government and their institutions to the protection of the right to peaceful assembly as follows:
The State has obligations to facilitate peaceful assemblies. This includes ensuring safety, providing necessary infrastructure, and taking measures to prevent disruptions from counter-demonstrators or hostile forces.
Government should provide adequate protection for protesters against violence or intimidation as well as facilitate peaceful assemblies through appropriate measures.
Government must put in place effective Accountability Mechanisms for holding the law enforcement and security agencies accountable for any abuses committed during protests. This includes investigating incidents where excessive force was used or where protesters were unlawfully detained.
Government must deploy its apparatus for the protection of private and public properties as well as the lives of protesters and non-protesters before, during and after the protests.
The NHRC notes with great concern, the clampdown of protesters and the subsequent criminal prosecutions following the August 2024 End Bad Governance Protests across parts of Nigeria. The August protests led to loss of lives and public and private properties, but it is yet to be seen that there have been arrests and prosecution of law enforcement and security agents who were primarily responsible for these violations. The NHRC is concerned about the charges of treason that have been imposed on some of the protesters and have made this known in various forums. We will continue to monitor the situation and the trials.
We call on the federal and state government to ensure that the October protests are peaceful and that the protesters are given the necessary support and leverage to conduct themselves in civilized manner, including protecting them from counter-protesters and mobs.
Conduct of Protesters
To the protesters, I urge you to:
1. Exercise your right to peaceful protest within the ambits of the law, be very civil and respect the rights of others.
2. Avoid violence, destruction of property, and harmful behaviour, this is detrimental to nation building, the destruction caused may take fortune to regain which will be a great set back to our development.
3. Cooperate with law enforcement agencies to ensure public safety by conducting yourselves with highest sense of modesty and civility.
4. Refrain from hate speech and divisive rhetoric, abusive words and foul language.
5. Respect the rights of others, including those who may hold differing opinions, that is the beauty of democracy.
6. Ensure that your actions do not infringe on the rights of non-protesters, as everybody must not be on the street protesting.
Conduct of Law Enforcement Agents
To law enforcement agents, I remind you to:
1. Respect the rights of protesters to peaceful assembly and expression as enshrined in the 1999 Constitution and other Regional and International Instruments that Nigeria is a Party to.
2. Avoid excessive force and ensure proportionate response to situations, do no harm and do not force the protesters to react in a manner that is riotious.
3. Protect journalists and media personnel from harassment, allow them to carry out their duties as the fourth arm of the government and as enshrined in the constitution
4. Facilitate dialogue between protesters and relevant stakeholders, this will rather assist you in discharging your role seamlessly, do not look at them as your enemies.
5. Ensure that arrests and detentions are carried out in accordance with the law and not because you merely want to deal with people.
6. Provide necessary assistance and support to vulnerable individuals, do not overlook any opportunity to render help.
Role of the NHRC
In all these, where do we come in as the only National Institution established for the purpose of Promotion, Protection and Enforcement of the rights of Nigerians and everyone living in Nigeria?
The NHRC will:
1.Monitor the protests to ensure compliance with human rights standards just like we did during the last protest.
2.Investigate allegations of human rights violations, this is a continuum for us in this Commission.
3.Provide guidance on human rights principles to stakeholders, exactly what we are doing now.
4.Document and report on human rights concerns as well as make recommendations to appropriate authorities
Dr Ojukwu added that the NHRC had issued an advisory for the protection of the right to the Freedom of Association and Assembly on the 31st of july 2024,he therefore urged all persons participating in protests in Nigeria especially at this time to adhere to the advisory for a peaceful and effective protests in Nigeria.
He assured that the commission will be monitoring the protests across Nigeria and will ensure that state and non-state actors violating the right to protests and other associated human rights will be held accountable.
