部分非洲国家的抗议权和集会自由分析(以尼日利亚为例)

IF 0.2 Q4 LAW
Adetutu Deborah Aina-Pelemo
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引用次数: 0

摘要

公民抗议和加入其他公民和平集会的派生权利对一个正常运转的民主至关重要。然而,负责执行该权利的机构当局侵犯这一权利的情况令人担忧。本研究旨在解决侵犯和平集会基本人权的问题,如-à-vis公民抗议自由。研究了发达国家、尼日利亚和其他非洲国家著名的和平抗议示威活动。人们特别关注了抗议活动是如何进行的,以及这些国家政府对示威活动的反应。采用了基于桌面的、理论的和定性的分析性和说明性方法作为获取信息的手段。其中发现,政府机构并不是唯一侵犯这一权利的机构,但政府直接或间接地压制了这一权利。为此,该研究建议,除了效仿发达民主国家之外,非洲国家,特别是尼日利亚政府应确保在这一主题上实施现有的法律框架。此外,在抗议和集会期间,除非有明显的理由为维护公共秩序而采取行动,否则警察只应采取观察站的姿态。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Analysis of the Right to Protest and Freedom of Assembly in Selected African Countries with a Focus on Nigeria
The derivative rights of citizens to protest and join fellow citizens in peaceful assembly are critical to a functioning democracy. However, the violation of this right by the institutional authority in-charge of its implementation is becoming worrisome. This study seeks to address the violation of fundamental human rights to peaceful assembly vis-à-vis the civil liberty to protest. Notable peaceful protest demonstrations in developed countries, Nigeria and other African countries were examined. Special attention was given to how the protests were conducted and the reaction of governments of these various nations to the demonstrations. The desk-based, doctrinal and qualitative methods which are analytical and expository in nature were adopted as the means of sourcing information. It was found among others, that government agencies are not the only ones guilty of this violation, but government directly and indirectly suppresses this right. To this end, the study recommends among others that beyond modeling after developed democracies, the African countries, specifically the Nigerian government should ensure the implementation of existing legal framework on the subject matter. Furthermore, the police officers should only take an observatory posture during protests and assemblies unless there is apparent reason to act in the interest of the public order.
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来源期刊
CiteScore
0.30
自引率
0.00%
发文量
18
期刊介绍: The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.
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