Human Rights Commission also stressed 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
By Kehinde Okeowo
The National Human Rights Commission (NHRC), on Wednesday counseled the Nigerian Government, security agencies and intending demonstrators ahead of the #EndBadGovernsnce protest which kicks off nationwide today, Thursday, August 1.
According to the Executive Secretary of the NHRC, Tony Ojukwu (SAN), who issued the advisory in Abuja, the move was in consonance with the commission’s mandate, as spelt out in Section 5, paragraphs (l), (m) and (o) of its enabling Act.
Despite appeals by President Bola Tinubu, governors, the leadership of the National Assembly, heads of security agencies and other eminent Nigerians, organizers of the ‘hunger protest’, billed to run for 10 days – from 1st August to 10th August – insisted it must go ahead.
Nigerians are, however, apprehensive that the protest could be hijacked by hoodlums and turn violent.
Apart from this, there are fears that the demonstrators may clash with security agents, and pro-government elements who have already started holding rallies against the protest.
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However, while advising the major stakeholders involved in the demonstration, the NHRC recommended steps that should be taken by the government, security agencies and the organisers to ensure that the protest is peaceful.
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.”
It also reminded the Nigerian Police, other law enforcement agencies and the military of their obligations.
“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.”
While cautioning the protest leaders, Ojukwu said they should “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.”
The NHRC further stressed 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 commission in the same vein 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.
