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NHRC
Monitors Protest, Urges Compliance With Advisory
Posted Mon Jan 9,2012
Odinkalu
ABUJA, 8 JANUARY 2012. The National Human Rights Commission has
concluded arrangements to monitor the conduct of labour unions
and civil society groups, as well as the operations of security
personnel, in order to encourage all parties to demonstrate
overriding respect for the sanctity of human lives, dignity of
the human person and the safety of properties, during the
planned strike by the Nigerian Labour Congress (NLC).
The Commission had earlier issued an Advisory urging all groups
embarking on protests and security personnel to recognize their
rights and duties respectively and conduct themselves within the
law and international best practices.
The Commission expressed concern that reports of clashes between
protesters and security personnel has heightened tension in
virtually all the major cities across the country and resulted
in several violations of human rights including loss of lives.
The Executive Secretary of the Commission Prof. Bem Angwe said
“in
the exercise of the functions and powers conferred on the
Commission under Section 5 (a), (b), of the National Human
Rights Commission Act 1995 as amended by the National Human
Rights Commission (Amendment) Act, of 2010, which empowers the
Commission to “monitor and investigate all alleged cases of
Human Rights violations...”
the Commission is fully
prepared to monitor
the conduct of protests by labour unions and the operations of
security personnel during the planned protests with a view to
ensuring compliance with
human rights norms and international standards.
He said the Commission has designated an Incident Report Centre
and dedicated four telephone lines for members of the public to
call and report incidents of violation of rights during the
protests.
Prof. Angwe also said the Commission is actively engaging with
civil society groups and security agencies on the need for all
to comply with the Advisory on the conduct of protests issued by
the Commission on 3rd January, 2012.
Incident Report Centre Telephone Lines:
08077091123
08077091124
08077091126
08075697449
The Advisory
NHRC Compliance Advisory
No. 1, 2012
National Human Rights Commission Urges
Respect For Human Rights By All With
Regards To Exercise Of
Free Expression, Assembly And Associated
Rights, Including The Right To Protest.
ABUJA, 3 JANUARY 2012:
This Advisory is issued in exercise of the responsibilities
conferred on the National Human Rights Commission
under Section 5(b)(o) of the National Human Rights
Commission Act as amended by the National Human Rights
Commission (Amendment) Act, of 2011, which empowers the
Commission to “on its own initiative….report on actions that
should be taken by the Federal, State or Local Government to
comply with the provisions of any relevant international human
rights instruments.”
The National Human
Rights Commission affirms that the right to assemble freely and
to protest or demonstrate peacefully is a human right recognized
and guaranteed within Sections 39-40 of the Constitution of the
Federal Republic of Nigeria, 1999 and Articles 9-11 of the
African charter on Human and Peoples’ Rights, which is domestic
law in Nigeria.
In addition, under
Article 21 of the International Covenant on Civil and Political
Rights, to which Nigeria is also party, “no restrictions may be
placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety,
public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others.”
Peaceful protest is a
duty of citizens and an essential characteristic of an open and
democratic society. Article 13 of the African Charter on
Democracy Elections and Governance, which Nigeria has ratified,
requires government to “take measures to ensure and maintain
political and social dialogue, as well as public trust and
transparency between political leaders and the people, in order
to consolidate democracy and peace.”
In implementing this
obligation, government has a duty to encourage its citizens to
channel or express their grievances in a peaceful manner.
Therefore, individuals or groups should be free to express their
views, offer their criticisms, canvass their ideas for
democratic change and improvement, and assemble or protest for
these purposes provided they do not seek to propagate these
ideas by violent means or in a manner that disturbs public
peace, safety or security.
At all times, it remains
the obligation and responsibility of security agencies and law
enforcement agents to ensure equal protection of all persons,
including groups, within Nigeria and afford all the protections
they require to exercise their constitutional rights. The
Commission reiterates that law enforcement agents must at all
times respect and protect the human rights of all persons; avoid
use of excessive force, arbitrary arrests and detention or
resort to “third-degree” methods of policing.
The effective exercise
of the right to protest entails co-operation between public
authorities, security agencies and civil society. This is
particularly important given the current context of enhanced
safety and security consciousness in Nigeria.
Persons organizing or
participating in any protests or demonstrations have an
obligation to respect the laws of the land, comply with lawful
directives of law enforcement agents and express their views in
a manner devoid of violence or breakdown of law and order.
At a time such as this,
there are many pressures and demands on the attention and assets
of the security and law enforcement agencies. To enable them to
manage limited assets and enhance the effective protection of
persons or groups exercising the right to protest, it is good
practice for persons seeking to exercise the right to protest or
demonstrate to notify or invite the Police or other responsible
authorities in the areas in which a protest is planned. This
will enable the agencies to monitor the activities proposed,
offer protection as may be required and ensure that there is no
breach of the peace.
Intending protest
organizers should designate leaders, whose contact details
should be communicated to the Police or law enforcement. It is
also good practice to designate Marshalls who would work with
law enforcement to maintain peace and order. In return, the
Police and law enforcement should designate a team of personnel
in all Commands who should liaise with organized civil society
and ensure that they are adequately trained and skilled.
In keeping with its
statutory responsibilities, the National Human Rights Commission
will offer good offices to both the law enforcement and security
agencies as well as organized civil society to inform and
mediate any disputes or disagreements as to the management of
the exercise of the right to protest or demonstrate.
Oti Anukpe Ovrawah
Acting Executive
Secretary
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