As the nationwide protests got underway on Thursday, the National Human Rights Commission (NHRC) issued an advisory to the Federal Government, the security agencies, and the organizers.
The Executive Secretary of the NHRC, Mr. Tony Ojukwu (SAN), who issued the advisory on Wednesday evening in Abuja, said the move was in line with the Commission’s mandate, as spelt out in Section 5, paragraphs (l), (m), and (o) of its enabling Act.
It stated: “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 the 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.
The NHRC will use its protective and promotional mandates to monitor every protest in Nigeria and make sure that state and non-state actors uphold human rights principles, according to Ojukwu, who read out the advisory.
However, the NHRC’s advisory suggested actions for the government, security agencies, and protest organizers to guarantee a peaceful protest.
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 governments 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 do 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:
Regarding the use of force, it is important to adhere 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.
“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 the apprehension of offenders.”
Persecondnews reports that one of the organizers, Omoyele Sowore, an activist, debunked reports on Wednesday evening that the protest had been called off.
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