Socio-Economic Rights and
Accountability Project (SERAP) has sent an urgent appeal to three UN Special
Rapporteurs urging them to put pressure on the leadership of House of
Representatives to “withdraw the repressive bill to establish a commission that
would monitor, supervise, de-register, and pre-approve all activities by civil
society, labour, community based organizations, and the media, in the country.”
The letter was sent to Ms
Annalisa Ciampi, Special Rapporteur on the rights to freedom of peaceful assembly
and of association; Mr Michel Forst, Special Rapporteur on the situation of
human rights defenders; and Mr. David Kaye, Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression.
SERAP also urged the Special
Rapporteurs to “prevail on the Acting President Professor Yemi Osinbajo to
decline to sign the bill into law; and on the House of Representatives and the
Senate to exercise their legislative powers for good governance, and ensure a
safe and enabling environment for civil society organizations both in practice
and rhetoric, in line with the 1999 Constitution of Nigeria (as amended) and
the government’s international human rights obligations and commitments.”
The organization said, “the sole
objective of the House of Representatives is to weaken and delegitimize the
work of independent and credible civil society. If adopted, the bill which is
copied from repressive countries like Somalia, Ethiopia and Uganda, would have
a chilling effect not only on expressions of peaceful dissent by the citizens
but also on the legitimate work of NGOs and individual human rights defenders
and activists scrutinizing corruption in the National Assembly and exposing
human rights violations by the government.”
The urgent appeal signed by SERAP
executive director Adetokunbo Mumuni read in part: “the bill (sponsored by Umar
Buba Jibril Deputy Leader, PDP: Kogi State), if passed by the House of
Representatives and the Senate of Nigeria and signed into law by Acting
President Professor Yemi Osinbajo, would severely curtail the rights of all
Nigerians to freedom of expression and freedom of peaceful assembly and
association in the country.”
“SERAP is seriously concerned
that the bill is by far the most dangerous piece of legislation in the country
in terms of its reach and devastating consequences not only for the work of
civil society but also the effective enjoyment of constitutionally and
internationally recognized human rights of the citizens. The bill will
devastate the country’s civil society for generations to come and turn it into
a government puppet.”
“The bill is a further path of closing civic
space in the country, something witnessed only under military regimes, and has
no place in a democratic Nigeria. The bill is entirely unnecessary, as the work
of civil society is already sufficiently regulated under existing legislation,
including the Companies and Allied Matters Act, Economic and Financial Crimes
Commission (EFCC) Act, the Independent Corrupt Practices and Other Related
Offences Commission (ICPC) Act and other similar legislation.”
“SERAP is also concerned that the
proposed bill is coming at a time the members of the Senate and House of
Representatives are proposing amnesty and immunity for themselves against
prosecution for corruption and other economic crimes; and the government is
proposing a social media policy to restrict and undermine citizens’ access to
the social media ahead of the general elections in 2019.”
“By including civil society in
general, the bill will also undermine both section 22 of the 1999 Nigerian
constitution and article 13 of the UN Convention against Corruption, both of
which have given the media a critical role to ensure that the government, at
all levels, is accountable to the citizenry.”
“The bill would subject Nigerians
and civil society to extensive government control and interference that it
would negate the very essence of the constitutionally and internationally
recognized rights to freedom of expression, association and peaceful assembly.
The bill also raises serious concerns about the commitment of Nigerian
lawmakers and the government to good governance and basic freedoms in a
democratic society.”
“SERAP fears that the overbearing
bill would inhibit and obstruct the ability of Nigerians to work collectively
through local and international organizations on any human rights, transparency
and accountability research or advocacy that may be deemed contrary to “the
national interest” of Nigeria, or not “consistent with the programmes of
government.”
“The provisions of the bill are
also not subject to any judicial oversight. SERAP believes that independent
groups and activists should have space to carry out their human rights and
anticorruption work without fear of reprisals, such as losing their
registration or being sent prison.”
“SERAP is concerned that by
proposing this bill, Nigeria’s parliament is trying to immune itself from
public criticism and scrutiny. If this bill is passed into law, good
governance, the rule of law and respect for human rights of Nigerians would
become a farce in the country. By gagging civil society from criticising the
National Assembly and the government, the bill will undercut the rule of law,
shrink civic space, and expose vulnerable Nigerians to greater level of
injustice and repression.”
“Civil society groups have play a
key role in holding government and parliaments accountable but without a strong
civil society in Nigeria, the problem of high-level official corruption and
other cases of violations of human rights would go unaddressed, and
perpetrators would continue to enjoy impunity.”
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