SERAP asks Commonwealth to sanction Nigeria over #TwitterBan, repression
The organisation 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 take concrete
measures to respect and promote the Commonwealth’s values of human rights,
transparency, accountability and the rule of law.”
In the urgent appeal dated June 5, 2021, by SERAP deputy director, Kolawole Oluwadare, the organisation said:
“The Nigerian government has repeatedly demonstrated that it is not committed
to protecting human rights. The Commonwealth should take a clear stand to
ensure accountability of institutions, freedom of expression and access to
information in Nigeria.”
SERAP said: “Nigerians can only freely participate in the
democratic processes and shape the society in which they live if these
fundamental human rights are fully and effectively respected, protected and
promoted.”
According to SERAP, “The suspension has the character of
collective punishment and is antithetical to the Nigerian Constitution and the
country’s international obligations. Nigerian authorities would seem to be
suppressing people’s access to Twitter to exploit the shutdown to cover up
allegations of corruption, abuses, and restrict freedom of expression and other
fundamental rights.”
The Urgent Appeal copied to Mr António Guterres,
Secretary-General of the United Nations; and Ms Michelle Bachelet, UN High
Commissioner for Human Rights, read in part: “The Nigerian government has also
called for the prosecution of those who violate its order suspending Twitter
operations in Nigeria. This order for prosecution of Twitter users violates the
legal rule that there should be no punishment without law.
“The principle that only the law can define a crime and
prescribe a penalty (nullum crimen, nulla poena sine lege) is a fundamental
part of Nigerian constitutional jurisprudence.
“The Commonwealth Charter recognises the right of
individuals to participate in democratic processes, in particular through
peaceful exercise of their freedom of expression and access to information,
which apply both offline and online.
“Respect for Commonwealth values is essential for citizens to trust Commonwealth institutions. The Commonwealth ought to take a strong stand for protection of human rights, transparency and the rule of law in Nigeria, principles which are fundamental to the Commonwealth’s integrity, functioning and effectiveness of its institutions.
“Allowing citizens to freely exercise their human rights
including freedom of expression and access to information without threat of
reprisal or prosecution would enable them to contribute to society on issues of
transparency, accountability, good governance, integrity and human rights.
“Nigerian government has a legal responsibility under the
Nigerian Constitution of 1999 [as amended] and international human rights
treaties including the African Charter on Human and Peoples’ Rights and
International Covenant on Civil and Political Rights to respect, protect and
promote freedom of expression, access to information, and to ensure a safe and
enabling environment for people to enjoy these rights.
“The suspension of Twitter in Nigeria demonstrates the
authorities’ determination to suppress all forms of peaceful dissent by 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.
“According to our information, the Nigerian government on
Friday 4 June, 2021 unlawfully ordered all internet service providers to
suspend Twitter in Nigeria. The suspension of Twitter operations in Nigeria
followed the deletion of President Muhammadu Buhari’s tweets, which according
to Twitter ‘violated the Twitter Rules.’
“The suspension of Twitter in Nigeria is taking place
against the background of repression of the civic space and harassment of media
houses, and journalists who are targeted simply for performing their
professional duty.
“The suspension of Twitter has seriously undermined
transparency and accountability in government. The lack of transparency
undermines the rule of law and Nigerians' ability to participate in their own
government.
“Lack of transparency and accountability, and the absence of
the rule of law in Nigeria have contributed hugely to denying Nigerians their
fundamental human rights. People have been targeted simply for using Twitter
and peacefully exercising their fundamental human rights.”
SERAP therefore urged the Commonwealth to:
*Publicly condemn the suspension of Twitter in Nigeria, and
put pressure on the government of President Buhari to reverse the unlawful
suspension.
*Urge the government of President Buhari to respect freedom
of expression, access to information, and media freedom, as well as promote
transparency and accountability, and the rule of law.
*Urge the government of President Buhari to withdraw the
threat to prosecute Nigerians simply for peacefully exercising their rights
through Twitter.
*Establish a mechanism to visit Nigeria to monitor and report on violations of Nigerians’ right to freedom of expression, access to information and media freedom, 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. Such mechanism would be the right response from the Commonwealth to protect the integrity of the institutions and ensure compliance by members to the Commonwealth values as enshrined in the Commonwealth Charter and declarations.
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