THE National Human Rights Commission (NHRC) has said Nigerians’ right to peaceful assembly, including protest, is sacrosanct under the nation’s Constitution.
It, therefore, urged all parties to avoid actions that could jeopardise public safety, damage properties, or undermine Nigeria’s democracy during the nationwide protest kicking off today.
The commission in an advisory by its executive secretary, Anthony Ojukwu, a senior advocate, on Wednesday, July 31, reaffirmed the right to protest, stressing that the right to freedom of association and assembly enabled citizens to express themselves which helps them to shape their societies.
According to Ojukwu, the advisory is directed to all citizens and authorities involved in law enforcement and security.
He emphasised that while the right to protest is guaranteed, the protection of critical infrastructure is also essential.
“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.”
The advisory also stressed that the right to peaceful assembly is a fundamental human right recognised globally and enshrined in the Nigerian Constitution.
“Section 40 of the Nigerian Constitution guarantees the right to peaceful assembly and association, stating 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.
“Article 11 of the ACHPR provides that “Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.
“Nigeria has domesticated the ACHPR, making it a part of its national law. The African Charter is a part of Nigeria’s domestic human rights obligations under the African Charter on Human and People’s’ Rights (Ratification and Enforcement) Act, Chapter A9 LFN 2004,” the advisory added.
The NHRC noted that citizens did not require police permits to hold peaceful protests, adding that protesters had the consequential obligations to ensure orderly conduct, respect for law and the security of other citizens and public and private properties.
“Notification to law enforcement about planned assemblies does not equate to seeking permission but serves as an avenue for ensuring the safety and orderly conduct of protests and assemblies.
“Law enforcement agencies must respect citizens’ rights while maintaining public order without infringing upon constitutional freedoms.”
NHRC’s recommendations
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 Nigerian Constitution.
It reiterated that the government had obligations to facilitate peaceful assemblies by ensuring full protection of protesters.
The commission also called on the security agencies to abide by 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.
“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,” the advisory added.
Ojukwu also highlighted that grievances could be addressed through dialogue, respect for human rights, and adherence to the rule of law.
The NHRC further stressed its commitment to monitoring protests across Nigeria and ensuring adherence to human rights principles.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: [email protected]. He tweets @UsmanMustapha_M