As the #EndBadGovernance Protest kicks off Thursday, the National Human Rights Commission (NHRC) has urged the Federal and State Government to uphold the Fundamental Human Rights and the Fundamental Objectives of State Policy enshrined in the Constitution of Nigeria.
It made the call Wednesday in “An Advisory Opinion to Federal and State Governments and Third Parties issued pursuant to section 5(l)(m)(o) of the National Human Rights Commission (Amendment) Act.”
According to the Advisory signed by the NHRC Executive Secretary, Dr. Tony Ojukwu, “Federal and State Governments have obligations to facilitate peaceful assemblies by ensuring full protection of protest assemblies.
“Federal and State Governments shall ensure that protests are not disrupted by opposing third parties, counter-demonstrators or hostile forces.
“Federal and State Governments shall ensure that initial approaches to emerging violence by protesters or counter-protesters does not immediately lead to the use of deadly force and all measures to preserve human lives shall be ensured in accordance with international best practices.”
In its Normative and Legal Principles Relating to the Right to Freedom of Association and Assemblies, the NHRC maintained that the right to peaceful assembly is a fundamental human right recognised internationally, regionally, and at national level.
It cited that in Nigeria, this right is enshrined in the Constitution and further strengthened by international and regional human rights instruments.
According to NHRC, 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.”
Citing Regional Instruments, NHRC stated that African Charter on Human and Peoples’ Rights (ACHPR) 1986 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.”
Further, it said Nigeria has domesticated the ACHPR, making it a part of its national law, adding that 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.
It cited that ACHPR guidelines emphasise the importance of the right to peaceful assembly in promoting democracy and good governance and provide detailed guidance on permissible restrictions.
“The guidelines emphasise that all individuals should be able to exercise their rights without discrimination based on race, gender, political affiliation, or any other status. (paragraph 80)
“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. (paragraph 85 – 88)
“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 or violent backlash. (paragraph 94 – 98).
“Individuals have the right to organize peaceful protests as a means of expressing their views or grievances. (paragraph 63 – 70).
“While some jurisdictions may require organizers to notify authorities about planned protests, such requirements should not serve as barriers but rather facilitate peaceful gatherings.
“The ACHPR advises against overly burdensome notification processes that could hinder the exercise of this right. (paragraph 71 – 79). Any use of force by law enforcement during protests must adhere strictly to principles of necessity and proportionality. Excessive force against protesters is considered a violation of human rights. (paragraph 94).”
News6 days ago
For Records6 days ago
News6 days ago