Socio-Economic Rights and Accountability Project
(SERAP) has sent an Urgent Appeal to Rt Hon Patricia Scotland QC,
Secretary-General of the Commonwealth, urging her to use her
“leadership position to apply the Commonwealth Charter to hold
Nigerian authorities to account for widespread and persistent
attacks on peaceful protesters, reports of human rights violations
and abuses, corruption, impunity, as well as disregard for the rule
of law.”
The organization asked Ms. Scotland to “urgently consider
recommending the suspension of Nigeria from the Commonwealth to the
Heads of Government, the Commonwealth Chair-in-office, and Her
Majesty Queen Elizabeth II, as Head of the Commonwealth, to push
the government to respect the Commonwealth’s values of human
rights, transparency, accountability and the rule of law.”
In the Urgent Appeal dated 10 October 2020 and signed by SERAP
deputy director Kolawole Oluwadare, the organization said: “Such
action by the Commonwealth will be commensurate with the gravity of
the human rights situation in the country. A government that
attacks its own citizens for peaceful protests severely undermines
its credibility as a democratic regime that respects human rights
and the rule of law.”
According to SERAP, “Respect for Commonwealth values is
essential for citizens to trust Commonwealth institutions. The
Commonwealth ought to make clear that respect for human rights,
transparency, and the rule of law is fundamental to the integrity,
functioning, and effectiveness of its institutions.”
SERAP said: “Persistent attacks on protesters have severely
constrained the ability of the people to participate in their own
government and to hold authorities and public officials to account
for alleged corruption, and human rights violations and abuses,
thereby causing serious hardships for ordinary Nigerians and
undermining their rights, livelihood, and dignity.”
The letter, read in part: “The ongoing events in Nigeria
demonstrate the authorities’ determination to suppress all forms of
peaceful dissent and freedom of expression of the Nigerian people.
There are well-founded fears that the human rights situation in
Nigeria will deteriorate even further if urgent action is not taken
to address it.”
“These protests are taking place against a backdrop of the
failure by the Nigerian government to address persistent concerns
around police brutality and impunity, corruption, lack of respect
for economic and social rights of the people, and disregard for the
rule of law.
“The result has been a crisis of daily electricity outages,
a struggling public education and health system, lack of access to
clean water, and widespread youth unemployment.”
“Lack of transparency and accountability, and the absence of
the rule of law in Nigeria have resulted in a growing level of
protest activity, and an unprecedented brutal crackdown on human
rights by the authorities.”
“People have been targeted simply for exercising their
fundamental freedoms including their rights to freedom of peaceful
assembly and expression to end police brutality and impunity. SERAP
is concerned about a significant deterioration in the human rights
situation in the country since the assumption of office by the
government of President Muhammadu Buhari in May 2015.”
“Nigerian authorities have since 2015 promised to address
police brutality and impunity but have repeatedly failed to do so.
Authorities would seem to be suppressing protests to punish and
intimidate people campaigning for an end to police corruption and
brutality, grand corruption and impunity, human rights abuses, and
disregard for the rule of law.”
“Allowing citizens to freely exercise their human rights
including to freedom of expression and peaceful protest without the
threat of reprisal or attack would enable them to contribute to
society on issues of transparency, accountability, good governance,
integrity, and human rights.”
“The Commonwealth Charter recognises the inalienable right
of individuals to participate in democratic processes, in
particular through peaceful protests and freedom of expression in
shaping the society in which they live and for these rights to be
protected and respected.”
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“Similarly, Nigeria has responsibility under the Nigerian
Constitution of 1999 [as amended] and international human rights
treaties to which the country is a state party to protect peaceful
protesters and ensure a safe and enabling environment for people to
exercise their freedom of expression and peaceful
assembly.”
“According to our information, the Nigerian government has
continued to crackdown on peaceful protesters, including #EndSARS
protesters, who are campaigning against police brutality,
corruption, and impunity.”
“The authorities are committing other ongoing, widespread
violations of human rights, including arbitrary arrests, torture
and other ill-treatment and killings in response to the exercise by
the people of their rights to freedom of expression and peaceful
assembly.”
“Amnesty International’s reports show disturbing cases of
attacks on #EndSARS protesters. Jimoh Isiaq, a protester, was
killed by the Special Anti-Robbery Squad (SARS) operatives of the
Nigeria Police in Ogbomoso. Tiamiyu Kazeem, a footballer was also
killed in Sagamu by the police.
“These are just a few examples of the many human rights
violations and abuses committed by the Nigerian police and security
agents. According to Amnesty International, the ‘SARS detention
centre in Abuja was previously a butcher’s yard and is commonly
known as the abattoir. Some suspects detained in abattoir rarely
come out alive.’”
“Nigeria police and security agents routinely respond to
peaceful protests with disproportionate use of force, including
using live ammunition, resulting in injuries to many individuals
and deaths. Journalists covering protests have been targeted, some
of whom have been beaten simply for performing their professional
duty.”
SERAP, therefore, urged the Commonwealth to:
Establish a mechanism to visit Nigeria to monitor and report on
human rights violations and abuses, absence of transparency and
accountability, and persistent disregard for the rule of law, and
to get to the root of the facts and circumstances of such abuses,
with a view to ensuring full accountability;Publicly condemn reports of human rights abuses, absence of
transparency and accountability, and put pressure on the government
to take preventive measures to end impunity in the context of its
response to peaceful protests, including #EndSARS protests;Urge Nigerian authorities to fully and adequately protect
protesters from violent attacks by Nigeria police and security
agents, and to ensure the safety of journalists and media workers
observing, monitoring, and recording protests;Urge Nigerian authorities to take measures to address the root
causes of protests and longstanding injustices and socio-economic
grievances that have driven people to the streets to protest;Urge Nigerian authorities to immediately and unconditionally
release anyone arrested in relation to #EndSARS protests and other
peaceful protests, to promptly investigate all allegations of
violations and abuses against protesters, and to bring suspected
perpetrators to justice, as well as ensure access to justice and
redress for victims;Urge Nigerian authorities to ensure that people can enjoy their
human rights without discrimination and to take all possible
measures, including by cutting the costs of governance particularly
the proposed spending in the 2021 budget of: N9.2 billion to
renovate the National Assembly complex; N12.5 billion to maintain
the Presidential fleet; N2.3 billion to pay entitlements of
ex-heads of state, presidents, vice-presidents, and N500 million to
buy cars for them. This is consistent with the government’s
obligation to prevent corruption and misuse of resources.