The hostile side of the state: Siracusa Principles, human rights and the precarity of COVID-19 policing in Nigeria

Abstract

In line with global advisories, the Nigerian authorities explored what could be termed a ‘stringent’ lockdown measure to contain the transmission of the COVID-19 pandemic and prevent a public health catastrophe. In this study, I examine the appositeness of the measure and its manner of implementation within the purview of the 1984 Siracusa Principles and the International Covenant on Civil and Political Rights (ICCPR) on the derogation of human rights. The principles and ICCPR guarantee equitable access to basic healthcare for all citizens and obligate state parties to take actions to prevent potential harm to public health if such actions are necessary, lawful, evidence-based, non-discriminatory, unarbitrary, proportional, respectful of human dignity, and brief in timeframe. I argue that although the measure aligns with the principles, ICCPR and Nigeria’s COVID-19 Regulations, 2020 - its manner of implementation typified gross human rights breaches, extrajudicial practices, and repressive state behaviours. However, this study offers a novel understanding of statecraft and citizens–government relations during the pandemic – pandemic policing and public health management – while emphasising that upholding human rights and strengthening democratic ideals are central to containing future pandemics successfully.