Socio-Economic
Rights and Accountability Project (SERAP) has sent an urgent appeal to Mr.
Maina Kiai United Nations, Special Rapporteur on the rights to freedom of
peaceful assembly and of association to draw his “attention to continuing
harassment and intimidation of the #BringBackOurGirls (BBOG) group by the
Nigerian authorities, and the impermissible restrictions on the rights of
members to freedom of expression and peaceful assembly.” SERAP in the urgent
appeal dated 9 September 2016 and signed by the organization’s senior staff
counsel Timothy Adewale said that, “No Nigerian law makes it a crime to
demonstrate in any part of the country. Harassing the BBOG group and stopping
its members from proceeding peacefully to the seat of government is overkill.”
The urgent appeal reads in part: “It’s the primary duty of the President
Muhammadu Buhari government to protect all demonstrators, including the BBOG
group and enable lawful demonstrations to proceed peacefully. Carrying out this
obligation is about deeds, not words.” “SERAP considers restrictions placed on
the right of the BBOG group to peaceful assembly by law enforcement agencies as
unnecessary, disproportionate, unjustified in law, and in bad faith.”bbog
“SERAP is seriously concerned about the continuing indiscriminate and
disproportionate restriction on the right of members of the BBOG group to
protest. All Nigerians including members of the BBOG group have the rights to
freedom of expression and to protest. There is absolutely no reason to view
these members as anything other than committed peaceful demonstrators.” “The
ability of the BBOG group to organize, mobilise and speak out on matters of the
missing Chibok girls cannot be prohibited under any grounds whatsoever. SERAP
considers the freedom of assembly and to take part in the conduct of public
affairs as a means for public expression and the cornerstone of democracy and
the rule of law. Every Nigerian has the right, without prior permission, to
assemble peacefully and protest, even if the authorities disagree with the
views of the protesters.” “There is in fact a positive obligation on the
Nigerian government to take reasonable steps to protect members of the BBOG
group from disruption by others. SERAP believes that peaceful protest is also a
means to gather support from civil society on issues that affect those
demonstrating, and is part of the exercise of an active and participatory
democracy.” “The right to freedom of peaceful assembly protects Nigerians’
ability to come together for the common good, and serves as the vehicle for the
exercise of many other human rights. When the right to peaceful assembly is suppressed,
there is a higher risk for demonstrations to escalate and turn violent.” SERAP
therefore requested Mr Kiai to put pressure on the Nigerian government to end
continuing harassment and restrictions on the right of members of the BBOG
group to protest and take measures to encourage, promote and facilitate the
enjoyment of the right to peaceful assembly by this group and other group of
Nigerians in any part of the country. And to remind the government that the
task of the police is to protect rights and facilitate, rather than frustrate
demonstrations, as well as to promote criminal and disciplinary sanctions
against those who interfere with public assemblies. Appreciate and recognize
the positive role of peaceful protests as a means of strengthening human rights
and democracy in the country. More so SERP wants the UN to remind the Nigerian
authorities that the organization of a protest should not be subject to prior
authorization, and that organizers of peaceful assemblies like members of the
BBOG group should not be criminalized for not requesting an authorization.
Insist that prohibition involving blanket ban on location of protests does not
comply with human rights in the context of peaceful protests. Insist that the
Nigerian authorities should not criminalize or subject anyone to threats or
harassment, persecution, intimidation or reprisals for addressing human rights
issues through peaceful protest The BBOG group has been at the fore-front of
the campaign against the government’s inability to rescue the over 200 Chibok
schoolgirls abducted since 2014 by the extremist group, Boko Haram. “In
resolution 24/5, the UN Human Rights Council reminded States including Nigeria
of their obligation to respect and fully protect the rights of all individuals
to assemble peacefully and associate freely, online as well as offline.
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