Socio-Economic Rights and Accountability Project (SERAP) has asked the Secretary-General of the Commonwealth, Patricia Scotland QC, to apply the Commonwealth Charter to hold the Nigerian government accountable for alleged attacks on journalists covering the #EndHunger protests and peaceful protests in some parts of the country.
SERAP, in the Urgent Appeal dated August 3, 2024, and signed by its deputy director Kolawole Oluwadare, also asked Ms Scotland to use the Charter to press the Nigerian authorities to promptly, thoroughly, impartially, independently, transparently and effectively investigate reported attacks.
The civil society organisation further urged the Commonwealth‘s Secretary-General to compel the Nigerian government to publish the outcome of any investigation, to hold suspected perpetrators to account, and to ensure access to justice and effective remedies for the affected journalists and peaceful protesters for any violations of domestic law and international standards.
SERAP also called on Ms Scotland to mandate the government to uphold the rights of journalists to monitor and report on protests and ensure their safety, as well as ensure that journalists are not detained, threatened, attacked or restricted when covering noteworthy events of interest to the public, such as protests.
The Urgent Appeal was copied to the Secretary-General of the United Nations, António Guterres, and the UN High Commissioner for Human Rights, Volker Türk.
It maintained that the targeting of journalists with lethal or less-lethal force for doing their work is prohibited under the Nigerian Constitution and international human rights law and contrary to best law enforcement standards.
The organisation insisted that those violating these standards must be subject to accountability and disciplinary processes and that the Commonwealth should take a clear stand to ensure accountability of institutions, media freedom, and peaceful assembly in Nigeria
SERAP also claimed that the Nigerian authorities over the years have repeatedly demonstrated that it is not committed to protecting human rights.
It further stated, “Respect for Commonwealth values is essential for citizens to trust Commonwealth institutions. The Commonwealth ought to take a strong stand for protecting human rights and media freedom in Nigeria, which are fundamental to the Commonwealth’s integrity, functioning, and effectiveness of its institutions.
„Nigerian authorities are legally obligated to protect journalists reporting the news, including covering protests. Nigerian authorities also must investigate and punish any violence within the framework of a public demonstration, including attacks on the press.
„The Commonwealth Charter and declarations recognise media freedom and the inalienable right of individuals to participate in democratic processes, mainly through peaceful exercise of their rights to freedom of expression and assembly, access to information, and media freedom, which apply both offline and online.
„Any peaceful protesters and journalists detained solely because they exercised the right to peaceful assembly and covering the protests should be immediately and unconditionally released.
„Law enforcement officers should only resort to force in ‚exceptional‘ circumstances. Any use of force must only be the minimum amount necessary, targeted at specific individuals, and proportionate to the threat posed.
„The restrictions on the use of force, including against journalists covering protests, are even more critical when security agents use lethal force such as firearms.
„The Nigerian Constitution 1999 [as amended] and human rights treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples‘ Rights, contain language protecting the rights to freedom of expression and access to information.
„Nigerian authorities must consistently promote a culture of accountability for law enforcement officials during protests. Any use of force must be investigated to determine whether the force was necessary and proportionate.
„Nigerian authorities must investigate effectively, impartially and promptly any allegation or reasonable suspicion of unlawful use of force or other violations by law enforcement officials in the context of protests.
„The presence of journalists in protests promotes transparency and accountability and can deter the commission of such violations and abuses. To assume such a role, journalists have the right to observe and, by extension, monitor protests and record reactions to protests by officials or other actors.
„Journalists play an essential watchdog role covering protests. Nigerian security agents must ensure the safety of journalists covering protests and guarantee the right of the public to seek and receive information about these social mobilisations.“
It said according to their information, security agents attacked journalists and some peaceful protesters in Abuja and other parts of the country, adding that security agents reportedly tear gassed and shot at journalists and peaceful protesters, chasing and shooting at fleeing journalists.
It added that according to reports, bullets pierced a Premium Times reporter‘s car, conveying journalists out of the location at three different locations in Abuja, saying journalists inside the car shot by security agents are those of The PUNCH, The Cable, Premium Times, and Peoples Gazette.
„Also, a commuter vehicle‘s glass was reportedly shattered with bullets. These journalists visibly identified themselves as press. Security agents also allegedly arrested a freelance journalist, Ayoola Babalola, and some peaceful protesters in Abuja, the Federal Capital Territory, on Saturday,“ it said.
„Over 50 journalists have been reportedly arrested simply for covering the protests,“ it noted. Journalist Abdulqudus Ogundapo reportedly said he was scared for his safety when caught in the gunfire.
„On Thursday, some law enforcement officials reportedly abducted and carted away the camera and phones of The PUNCH photojournalist Kayode Jaiyeola. On Friday in the Federal Capital Territory, police officers allegedly fired teargas at journalists covering the protest at the Berger roundabout.
„In Borno State, nine Radio Ndarason Internationale staff members were reportedly arrested by security officials in Maiduguri as they were covering the protests,“ SERAP stated.
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