{"title":"部分非洲国家的抗议权和集会自由分析(以尼日利亚为例)","authors":"Adetutu Deborah Aina-Pelemo","doi":"10.1163/17087384-12340099","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"12 1","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Analysis of the Right to Protest and Freedom of Assembly in Selected African Countries with a Focus on Nigeria\",\"authors\":\"Adetutu Deborah Aina-Pelemo\",\"doi\":\"10.1163/17087384-12340099\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":41565,\"journal\":{\"name\":\"African Journal of Legal Studies\",\"volume\":\"12 1\",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2023-11-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"African Journal of Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/17087384-12340099\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"African Journal of Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/17087384-12340099","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
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.
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.