Nigeria

A draft law was submitted to Parliament in late 2024. It is strongly aligned with the Model Law.

Name: Recognition and protection of human rights defenders, and enhancing the capacity of the government of Nigeria to protect human rights defenders Bill, 2024

Type of instrument: Law

Status (as of 1 January 2025): Proposed

Comments on the instrument: It has a near total incorporation of the Model Law

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights? No

Below is a short summary of the instrument compared to the Model Law.

For additional information and analysis by ISHR on Nigeria, click here

A selection of fundamental rights for human rights defenders incorporated in the instrument (as compared to the Model Law):

Provision	Covered?	Sections
Definition of Human Rights Defender	FULL	Section 2
Right to promote and protect human rights and fundamental freedoms	FULL	Section 3
Right to Form Groups, Associations, and Organisations	FULL	Section 4
Right to Solicit, Receive and Utilise Resources	FULL	Section 5
Right to freedom of expression and to seek, receive and disseminate Information	FULL	Section 6
Right to access and cooperate with NGOs, government organisations and international organisations	FULL	Section 9
Right to participate in public affairs	FULL	Section 10
Right to Peaceful Assembly	FULL	Section 11
Right to represent and advocate	FULL	Section 12
Right to freedom of movement	FULL	Section 13
Right to Privacy	FULL	Section 14
Freedom from intimidation or reprisal	FULL	Section 15
Freedom from defamation and stigmatisation	FULL	Section 16

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders	FULL	Section 22
Obligation to facilitate the activities and work of human rights defenders	FULL	Section 23
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	Sections 26 and 27
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	Section 29

Mechanism on the protection of human rights defenders established in the instrument? Yes

Key elements of the protection mechanism (as compared to the Model Law):

Provision	Covered?	Arts.
Definition of Human Rights Defender	FULL	Section 34
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	Section 34(2)(b) and 35
Training of mechanism’s personnel on HR and fundamental freedoms	FULL	Section 37
Periodic reviews with independent experts and CSO’s on the functioning of the Mechanism	FULL	Section 34(5)
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	Section 36
Public acknowledgment of human rights defenders work and rights (promotion of UN Declaration)	FULL	Section 34(2)(e)
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	Section 34(3)(l)
Development of protocols and guidelines based on best practice to protect human rights defenders	FULL	Section 34(3)(c)
Assist investigations for prosecuting offences against human rights defenders	FULL	Section 34(2)(c)
Granting of protective measures based off off a specific risk assessment	FULL	Section 34(3)(i)
Review / appeal of Mechanism decision before courts or independent authority	FULL
Confidentiality and personal data protection	FULL	Section 34(4)
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	FULL	Section 34(4)(h)