Why Buhari must stop military from monitoring Nigerians on social media –SERAP

Socio-Economic Rights and Accountability Project has written President Muhammadu Buhari and given him reasons why he must stop Nigerian Military from monitoring Nigerians on social media.

In an open letter dated August 25, 2017, and signed by SERAP deputy director Timothy Adewale, the organisation requested Buhari to use his good offices and leadership position to instruct the military authorities to immediately end any monitoring of activities of Nigerians on social media, and to ensure that military operations “comply with Nigeria’s 1999 Constitution (as amended) and the country’s obligations under international human rights law.”

SERAP was responding to a statement allegedly made by the Director of Defence Information, Major-General John Enenche that the activities of Nigerians on social media are now being monitored for hate speech, anti-government and anti-security information by the military.

He justified this move on the alleged grounds of “troubling activities and misinformation capable of jeopardizing the unity of the country.”

SERAP’s letter read in part: “To monitor Nigerians’ access to social media solely on the basis that it may be used to express views critical of the government or the political social system espoused by the government is entirely incompatible and inconsistent with constitutional guarantees and Nigeria’s international human rights obligations and commitments.

“SERAP notes that protecting critical expression on the Internet is the standard by which governments are now held to be considered genuinely democratic. Nigerians should therefore be allowed to discuss government policies and engage in political debate; report on corruption in government; and exercise their right to expression of opinion and dissent.

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“While we recognize the obligation to protect against hate speech that constitutes incitement to hostility, discrimination or violence, this should not be used as a pretext to clampdown on legitimate exercise of the right to freedom of expression that does not constitute incitement to discrimination, hostility or violence. Blanket clarification of expression that falls short of expression that constitutes incitement to violence, hatred or discrimination under international law can only limit media freedom and chill discourse deemed controversial or critical of your government.

“SERAP notes that sections 37 and 39 of the Nigerian Constitution guarantee the rights to privacy and freedom of expression. Similarly, article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party protects Nigerians’ right to maintain an opinion without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers. Under article 19(3) of the Covenant, restrictions on the right to freedom of expression must be “provided by law”, and necessary for “the rights or reputations of others” or “for the protection of national security or of public order (ordre public), or of public health and morals”. Permissible restrictions on the internet are the same as those offline.”

SERAP therefore urged President Buhari to defend and keep to his oft-repeated commitment to human rights, transparency and accountability by among others immediately instruct the military authorities to end any monitoring of Nigerians on social media, and to ensure that military operations fully comply with the country’s constitution 1999 (as amended) and the obligations of Nigeria under international human rights law.

 

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