At least three people have been confirmed dead and 15 injured in Niger state, Nigeria during the August 1st to 10th protest. The information on the news is that the police confronted the protesters despite the protesters acting peacefully causing them to react by heading to the police station. The police responded by shooting at them resulting in the death of some and the injury of many others. This shows a disregard by the police for the lives of the citizens whom they are meant to protect. Considering that the police are an extension of the government, this act could be regarded as Democide.
Democide is the killing of a people by its government. Even if the deaths are a result of the government’s recklessness or indifference to human life, the deaths are regarded as intentional. War-related killings by military forces that international agreements and treaties directly or by implication prohibit are also regarded as democide, whether the parties to the killing are signatories to the agreements and treaties or not. However, killing that is explicitly permitted or judicial is not considered democide. For example, the execution of a death sentence. Moreover, democide is not limited to practical killing, politicide, mass murder, massacre, etc but includes purposive acts, policies, processes, or institutions of government that perpetuate murder. Laws, policies, etc that encourage killing or seek to mask, excuse or enable it fall under the ambit of democide
The position of the government in any jurisdiction is one of power. It is often seen where members of government abuse their powers in different ways including causing the death of its citizens. This is not only murder and an act of oppression but it is also a blatant show of disregard for their duty to protect. Whether it be the police, the military, or even the judiciary, this sort of behaviour requires consequences. While there are no laws specifically targeted at addressing democide on the international front, there are treaties and bodies of customary international law that indirectly address this wrong.
Particularly heinous acts committed as part of a widespread or systematic attack directed against any civilian population are regarded as acts of crimes against humanity. Many acts of democide would fall under this category. As well, under International Criminal Law, the Rome Statute of the International Criminal Court recognises various crimes, including murder, torture, and persecution, which can be elements of democide. Also, the Universal Declaration of Human Rights, while not legally binding in the same way as treaties, enshrines fundamental human rights violations which can constitute democide. Using the context of fundamental human rights violations, one can also find laws local to Nigeria that prohibit democide.
Chapter four of the Constitution of the Federal Republic of Nigeria 1999 houses the fundamental human rights and these rights are guaranteed by same. While all these rights are pertinent in themselves, those particular to the subject of this article are the right to life, the right to freedom of expression and the press, the right to peaceful assembly and association, and the right to freedom of movement provided for under sections 33, 39, 40 and 41 of the constitution respectively. The victims of the tasteless act of the police enjoyed these rights as citizens of Nigeria. They possessed the rights to be alive, express their thoughts and opinions in the way they chose, peacefully assemble to make these expressions, and move about the country freely as they did so. All without infringing on other citizens’ rights
The victims acted well within their rights as they protested peacefully against the deplorable state of the country as did other citizens all about the country at that time. Despite this, they were disrupted by the police, and when they approached the police station in response, were gunned down in cold blood. For a matter of such gravity, reparation is necessary and required for the death of those innocent individuals. No part of the government is above responsibility for its actions, even with the seat of the president or governor, although it enjoys immunity from prosecution, the consequences of actions taken while on that seat await them when they descend from it. In this case, appropriate discipline of the policemen involved is required for the sake of justice and deterrence from future acts of such nature.
By Chinenye Mbachu Iwuh Esq
References
- https://thesun.ng/three-youths-killed-as-protest-turns-violent-in-niger/
- https://www.hawaii.edu/powerkills/DBG.CHAP2.HTM
- 1999 Constitution of the Federal Republic of Nigeria
