The Socio-Economic Rights and Accountability Project (SERAP) has requested Nigerian President Muhammadu Buhari to rescind the government’s decision through the Nigerian Communications Commission (NCC) to prevent over 72 million active telecommunication users from making calls on their SIM cards.
Remember that the Buhari-led administration asked the NCC last week to ban outgoing calls on all unlinked lines because the verification deadline had passed on March 31.
Over 72 million users have been prevented from making calls as a result of the directive.
In a statement issued on Sunday, SERAP’s deputy director, Kolawole Oluwadare, said the judgment violated Nigerians’ human rights.
He said, “Blocking people from making calls undermines their ability to communicate freely, and associate with others. It infringes on their rights to freedom of expression and family life, as well as socio-economic rights.
“The decision to block people from making calls is also inconsistent and incompatible with the country’s international legal obligations to respect, protect, promote and facilitate economic and social rights. The decision contradicts the tenets of the rule of law, and democratic society.”
SERAP said, “Immediately reversing the decision would be in conformity with the Nigerian Constitution of 1999 [as amended], and Nigeria’s international human rights obligations. Reversing the decision would also improve the confidence of the international community in human rights and the rule of law in Nigeria.”
The statement reads in part, “Access to telecommunications services is a condition sine qua non for the effective exercise of human rights. Therefore, the decision to block people from making calls is discriminatory and a travesty.
“The decision will cause a wide variety of harms to economic activity, personal safety, and disproportionately affect those on the margins of society. This will directly hinder the ability of the government to achieve the 2030 Agenda’s Goal 8 on the promotion of sustained, inclusive, sustainable economic growth.
“Millions of Nigerians including persons with disabilities, elderly citizens, persons living in remote areas have been unable to capture their biometrics, and obtain their National Identity Numbers [NINs] due to logistical challenges, administrative and bureaucratic burdens, as well as the persistent collapse of the national grid. This has resulted in the discrimination of marginalised or vulnerable groups.
“We would be grateful if the decision to block people from making calls on their SIMs is reversed within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions in the public interest to ensure full compliance with human rights standards.
“The rights to freedom of expression, access to information, and freedom of association, whether offline or online, promote the democratic ideal by allowing citizens to voice their concerns, challenge governmental institutions, and hold the government accountable for its actions.
“The democratic ideal rationale also recognizes the necessity of having a well-informed citizenry to participate in the democratic process.
“We support any lawful means to address the growing insecurity across the country. However, while the authorities have a legal responsibility to protect, ensure and secure the rights to life and property, any such responsibility ought to be discharged in conformity with human rights standards.
“While we recognise the need for your government to take measures to ensure security and safety of the people in the country, we are seriously concerned that the decision to block people from making calls appears to go beyond the restrictions on the rights to freedom of expression, information, and association.
“The rights to freedom of opinion and expression and access to information are protected under section 39 of the Nigerian Constitution, article 19 of the International Covenant on Civil and Political Rights and article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
“We are concerned that the decision to block Nigerians from making calls will have a disproportionate chilling effect on vulnerable groups that rely on such peaceful means to communicate, and convey their opinions and views.
“SERAP is concerned that the decision appears to be arbitrary, and lacks any legal framework, independent and judicial oversight. This may allow authorities to act in an unfettered and potentially arbitrary or unlawful manner.”
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