Nigeria’s rights commission issues advisory on protests, urges restraint

The National Human Rights Commission (NHRC) has called on all parties in the planned nationwide protests to avoid actions that might undermine the democracy of Nigeria.

This was contained in an Advisory read and signed by the Executive Secretary of the Commission, Anthony Ojukwu (SAN) on Wednesday in Abuja at a media briefing.

According to Mr Ojukwu, the right to freedom of association and assembly enables individuals to express themselves which leads to shaping their societies.

“This Advisory is issued pursuant to the legal and inherent powers of the National Human Rights Commission in section 5(l)(m)(o) of the National Human Rights Commission (Amendment) Act, 2010 under the following principles:

“This Advisory shall be applicable to the conduct and management of all protests in Nigeria and other actions leading to the enjoyment of the rights to freedom of association and peaceful assembly and other associated rights therefrom,” he said.

This advisory, according to Mr Ojukwu, is issued to all persons and authorities exercising powers over law enforcement, security, intelligence and military affairs.

He added it also applies to all persons exercising executive, legislative and judicial powers in the federal, state or local government.

“All persons organising protests and assemblies in Nigeria whatever name called and who seek to enjoy or realise the aforesaid rights to freedom of association and assembly and all the associated rights and duties thereto.

“All civil society, media and professional organisations and bodies who has mandate to promote the rule of law, accountability governance, peace and human rights in accordance with the Fundament Rights and the Fundamental Objectives and Directive Principles of State Policy enshrined in the Constitution of the Federal Republic of Nigeria” he said.

He explained that the right to freedom of association and assembly are enshrined in our laws in Nigeria, regional and international.

Mr Ojukwu noted that the decision of the Court of Appeal on this issue aligned with international human rights standards regarding freedom of expression and assembly, with the following principles.

“Citizens do not require police permits to hold peaceful protests.

“Notification to law enforcement about planned assemblies does not equate to seeking permission but serves as an avenue for ensuring safety and orderly conduct of protests and assemblies.

“Law enforcement agencies must respect citizens’ rights while maintaining public order without infringing upon constitutional freedoms.

“Citizens and protesters have the consequential obligations to ensure orderly conduct, respect for law and the security of other citizens and public and private properties,” he said.

In its recommendation, the commission urged the government at all levels to uphold the Fundamental Human Rights and the Fundamental Objectives of State Policy enshrined in the Constitution of Nigeria.

To the law enforcement agencies, it called for adherence to the recommendations of the United Nations Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

DOWNLOAD THE FULL ADVISORY HERE.

“To the protesters; ensure that the protest is peaceful and avoid provocative actions such as carrying arms, hate speeches, attacks on law enforcement and security agencies or looting of public and private properties.

“Ensure that the protest remains peaceful and law-abiding. Violence and destruction of property will undermine the legitimacy of the protest.

READ ALSO: NHRC to monitor nationwide protest, cautions security operatives

“While the right to protest is guaranteed, the protection of critical infrastructure is also essential,” he said.

Mr Ojukwu said that through dialogue, respect for human rights, and adherence to the rule of law, it is possible to address the grievances of the protesters while maintaining public order.

The NHRC, therefore, called on all parties to avoid actions that could endanger public safety or damage private and public properties as well as undermine Nigeria’s democracy.

“The NHRC will deploy its protective and promotional mandates to monitor every protest in Nigeria and ensure that the aforementioned human rights principles are observed by state and non-state actors.

“We will operete a -24- hour situation room to monitor the protest with a toll-free line 6472,” he said.

(NAN)