A civil society group, Socio-Economic Rights and Accountability Project (SERAP) has petitioned Commissioner Pansy Tlakula Special Rapporteur on Freedom of Expression and Access to Information in Africa of the African Commission on Human and Peoples’ Rights in Banjul, The Gambia, asking her to “urgently intervene to stop the Nigerian government from instigating the passage of a bill in the National Assembly, which aims to undermine the internationally recognized right to freedom of expression and press freedom in the country.”
In the petition dated 18 November 2009 and signed by SERAP Executive Director Adetokunbo Mumuni, the organisation stated that “Our investigation reveals that the Nigerian government is behind a ''bill for an Act to Provide for the Repeal of the Nigerian Press Council Act 1992 and Establish the Nigerian Press and Practice of Journalism Council''. Among others, the bill requires members of the Nigerian Press and Practice of Journalism Council to swear to an oath of secrecy. The bill also requires the licensing of journalists and the pre-qualification examinations. It provides for the appointment of a chairman, who will be appointed and dismissed by the President on the recommendation of the Minister of Information and Communications, a political appointee of the President.”
“We are seriously concerned that if passed into law the bill would contravene Nigeria’s international legal obligations, including under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the UN Convention against Corruption to which Nigeria is a signatory. The bill also directly violates Section 22 of the 1999 Nigerian Constitution, which requires the Press to hold the government accountable to the people,” the organization added.
According to the group, “the implementation of the bill would undermine and limit the citizens’ right to freedom of opinion and expression; including the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The guarantee of freedom of expression applies with particular force to the media, including the broadcast media. Indeed, the right to freedom of expression and peoples’ right to seek and receive information cannot be meaningful unless the media plays its key role in a democratic society without political interference or influence.”
The organization also argued that “States are required not only to refrain from interfering with rights but also take positive steps to ensure that rights, including freedom of expression, are respected. In effect, governments are under an obligation to create an environment in which a diverse, independent media can flourish, thereby satisfying the public’s right to know. Independence of media regulatory bodies is a vital condition for the promotion and protection of the right to freedom of expression. In order to ensure free flow of information and ideas, media regulatory bodies need sufficient protection against governmental interference, particularly of a political or economic nature. The organisational and operational independence of the proposed Council is impossible where its chairman is appointed by the President of the country.”
“The proposed bill is coming at a time when Nigeria has performed very poorly in the Transparency International 2009 Corruption Perception Index, ranking 130th of the 180 countries surveyed. The bill would further undermine the fight against corruption in the country, and the ability of the government to fully implement its international anti-corruption obligations and commitments. Without press freedom, it is much easier for the government to take away other human rights and to perpetrate official and large scale corruption,” the organization further argued.
The organization also said that” o fulfill its commitments under the UN Millennium Development Goals, including eradication of poverty, the government should ensure access to information and press freedom. Citizens with more information are empowered to make better choices. Millions of Nigerians continue to live in absolute poverty. But they do not only suffer from physical and human deprivation but also lack voice in decisions that affect their lives. A free press is not a luxury; it is a human right that should not be denied the citizens.
The organization therefore asked the Special Rapporteur to:
1. Publicly express concerns about the proposed bill and insist that the Nigeria government should bring its laws in line with its international legal obligations
2. Urge the Nigerian government to translate its international legal obligations and commitments relating to freedom of expression and the media into concrete action by withdrawing the proposed bill without further delay
3. Propose and facilitate the adoption of a resolution on the issue by the African Commission during its on-going 46th Ordinary Session in Banjul, The Gambia
Signed
Adetokunbo Mumuni
Executive Director
18/11/09
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