#EndBadGovernance: Protect Rights of Protesters, Commission Tells Govt, Security Agencies
Despite President Tinubu’s spirited appeals for more time, the #EndBadGovernance protest may begin today.
The National Human Rights Commission, NHRC, on Wednesday urged government across all levels to protect the rights of protesters.
It also advised security agencies on the apt use of force, insisting that they 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.
Protest leaders were also told to 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
This was disclosed in advisory to the major stakeholders involved in the exercise – the Nigerian Government, the security agencies and the organisers.
Executive Secretary of the NHRC, Tony Ojukwu, SAN, who spoke in Abuja, said counsel was in line with the Commission’s mandate, as spelt out in Section 5, paragraphs (l), (m) and (o) of its enabling Act.
The ‘hunger protest’, billed to run for 10 days – from 1st August to 10th August – is going ahead despite spirited efforts made by President Bola Tinubu, governors, the leadership of the National Assembly, heads of security agencies and other influential Nigerians to stop it.
One of the organisers, Omoyele Sowore, an activist, on Wednesday debunked reports that the protest had been called off.
Nigerians are apprehensive over fears that the protest could be hijacked by hoodlums, and as a result, turn violent and bloody.
There are also fears that the protesters may clash with security agents, and pro-government elements who have already started holding rallies against the protest.
However, in its advisory, the NHRC recommended steps that should be taken by the government, security agencies and the organisers to ensure that the protest is peaceful.
Parts of the advisory read, “The National Human Rights Commission, in exercise of its mandate in Section 5, paragraphs (l), (m) and (o) of its enabling Act makes the following recommendations:
“Obligations of the Federal and State Governments
“The NHRC urges the Federal and State Government to uphold the Fundamental Human Rights and the Fundamental Objectives of State Policy enshrined in the Constitution of Nigeria.
“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.”
Obligations of the Nigerian Police and Other Law Enforcement, Security and Armed Forces:
“On the use of force: 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.
“This principle specifies that ‘law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty,’ that the use of force should be exceptional, and that ‘the use of firearms is considered an extreme measure’.
“It also states that ‘no law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment’.
“Law enforcement and security agencies shall respect the rights of protesters, including the right to peaceful assemblies to convene assemblies and to voice their opinions.
“Provide and protect traffic routes for protesters and non-protesters to ensure the right to freedom of movement is enjoyed by all parties.
“Provide protection for public and private properties from protesters or counter-protesters.
“Ensure a prompt, impartial, and thorough investigation into any incidents of human rights violations during the protest.
“Obligations of the Protest Leaders:
“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.
“While the right to protest is guaranteed, the protection of critical infrastructure is also essential. Cooperate with law enforcement to ensure peaceful protests and apprehension of offenders.”
