On protest and brutalisation

Throughout history, peaceful protests have helped to force a reassessment of society’s moral bounds. Movements have used peaceful protests to achieve their aims, including the recognition of rights, and the end of slavery, colonialism and racial discrimination. The Black Lives Matter (BLM) movement, formed in 2013 in the USA and committed to fighting racism, especially, […]

Throughout history, peaceful protests have helped to force a reassessment of society’s moral bounds. Movements have used peaceful protests to achieve their aims, including the recognition of rights, and the end of slavery, colonialism and racial discrimination. The Black Lives Matter (BLM) movement, formed in 2013 in the USA and committed to fighting racism, especially, in the form of police brutality, has grown into a worldwide protest. BLM protests have been largely peaceful and have resulted in some major changes.

In Africa, peaceful protests have proven to be a feasible instrument for showing socio-political or economic resistance and people around Africa have used this tool many times to protest against their government’s actions and to demand government to act in a particular way.

The right of peaceful assembly (including the right to peaceful protest) is protected under the international human rights framework. Article 21 of the 1966 International Covenant on Civil and Political Rights (ICCPR) provides:

“The right of peaceful assembly shall be recognized. 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, the protection of public health or morals or the protection of the rights and freedoms of others.”

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The right to peaceful protest is an important right that allows people to express themselves collectively and to contribute to shaping their societies. Peaceful protests can take place outdoors or indoors; in public or private spaces, and extends to remote and digital activities, including online, which was, especially, relevant during the COVID-19 pandemic, when many peaceful protests moved online. It also represents the very foundation of a system of participatory governance in a democratic system. The right to peaceful protest is also an important tool that can and has been used to recognise and realise a wide range of other rights, including economic, social and cultural rights.

Positive duties of state parties include to facilitate peaceful assemblies and to promote an enabling environment for the exercise of the right to peaceful assembly. This should be done without discrimination, including providing protection for protesters “against possible abuse by non-state actors, such as interference or violence by other members of the public”. While there is no clear dividing line between protests that are peaceful and those that are not; there is a presumption in favour of considering protests to be peaceful; additionally, violence against participants or isolated acts of violence by some protesters should not be attributed to others. Thus, some protesters may be protected by article 21, while others are not.

Nigeria is a state party to the ICCPR as well as the African Charter; however, the Nigerian government has continued to disregard the provisions of article 21 of the ICCPR and article 11 of the African Charter, particularly when it comes to protests against the government. This was demonstrated in its handling of the #EndSARS protest.

The right under international law to protest peacefully is indisputable and Nigeria has over the years made various laws that give the impression of upholding the right to peaceful protest. However, some of these laws restrict and sometimes, through government action, stifle the enjoyment of the right to peaceful protest.

Few days ago, at the Federal Capital Territory (FCT), police continued to crack down on peaceful protesters, forcing them to stay at the Moshood Abiola National Stadium. Whenever the protesters attempted to march into the city centre, the police dispersed them with tear gas.

In a statement posted to the social media platform X, Nigeria’s Inspector-General of Police, Kayode Egbetokun, said “hoodlums” instigated a “mass uprising” under the guise of protest in several major cities, looting and destroying businesses as well as government buildings, including police stations.

Egbetokun said there was destruction in the cities of Kano, Borno, Yobe, Kaduna, Gombe, Bauchi, Abuja, Niger, and Jigawa. He said there were unprovoked attacks on security personnel in Kaduna, Kano and Gombe, and said one police officer was killed, although he did not provide details.

The Nigerian government must protect protesters and non-protesters against any form of threats and violence by those who wish to prevent, disrupt or obstruct protests, including counter-protesters. Where there is a reasonable ground on which the right to peaceful protest may be restricted or dispersed, only law enforcement officials trained in the policing of protests and not the Nigerian Department of State Service (DSS) should be used.

Oladeji wrote from Lagos.