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COMMUNIQUÉ: CONFERENCE ON ACCESS TO
PUBLIC RECORDS AND INFORMATION BILL
Participants representing diverse interest groups,
including the press, academia, government institutions, non-governmental
organizations, the legal profession, unions, etc., met for two days, March
10th and 11th 1995, at the Nigerian Institute of
Advanced legal Studies, Lagos under the auspices of the Civil Liberties
Organisation (CLO), the Media Rights Agenda (MRA) and the Nigerian Union
of Journalists (NUJ) at a technical conference on the Freedom of
Information Act to consider the first draft of a proposal legislation on
Access to Public Records and Information.
At the end of the conference, the participants agreed and
resolved as follows:
1.
That every person whether a citizen of
Nigeria or not, should have a legally enforceable right to be given, on
request, access to any record under the control of any government or
public institution.
2.
That the Access to Public Records and
Information Bill should be enacted to give effect to Section 36 of the
1979 Constitution of the Federal Republic of Nigeria which guarantees
every person the right to hold opinions and to receive and impart ideas
and information without interference.
3.
That Executive, legislature and judicial
organs and institutions should be subject to freedom of information
legislation.
4.
That through a freedom of information culture
which will engender openness, transparency and accountability in
government, Nigerians can overcome the vicious circle of corruption,
underdevelopment and political instability.
5.
That all laws, inconsistent with the
realization of the ideal of free flow of information such as the Official
Secrets Act, Sedition law, the National Broadcasting Commission Decree,
the Newspapers Decree, etc. Should be reviewed.
6.
The Draft of the Access to Public Records and
Information Bill adopted by participants at the Conference should be
enacted into law without delay.
7.
that a Monitoring Campaigns Committee (MCC),
comprising the Civil Liberties
Circulate the Access to Public Record and Information Bill
and the Conference Report to all interest groups which should be involved
in the lobby for the enactment of the legislation and particularly:
a)
The Nigerian Bar Association
b)
Human Rights Groups and other
Non-Governmental Organisations;
c)
Environmental Protection Groups;
d)
Minority Rights Groups;
e)
Professional bodies and associations;
f)
Consumer Rights Protection Groups;
g)
The Business community;
h)
The Academic community;
i)
The Nigerian Press Organisation
j)
The Nigerian Institute Association of
Nigeria.
k)
Newspapers Proprietors Association of
Nigeria.
i. Urge the Nigerian Bar Association to put the Access
to Public Records and Information issue on its agenda at all levels;
ii Urge the Nigerian Union of Journalists to put the
Access to Public Records and Information issue on its agenda at all
levels;
iii Formally contact the Nigerian Press Council with a
view to securing its support and assistance in ensuring the enactment of
the legislation;
iv Send the Draft Bill to the Federal Ministry of
Information and the Federal Ministry of Justice with a view to having the
Bill enacted into law; and
v Generally raise public awareness on the Access to
Public Records and Information issue.
8.
That the right to receive and impact
information and ideas is a fundamental consistent of the right to freedom
of expression and as such Nigerians should imbibe the closure or
proscription of media institutions.
9.
That the culture of Media closure and
proscription as a means of media control is condemnable as it violates the
right to freedom of expression and is likely to encourage over-reliance on
rumours as well as the emergence of the underground press in Nigeria.
10.
That the arbitrary arrest, detention,
harassment and intimidation of journalists are inimical to the exercise of
the right to freedom of expression and should therefore be discontinued
while all those still in detention should be released immediately.
11.
That all media houses, including newspapers
and magazines, which have been proscribed or shut down should be re-opened
forthwith.
12.
That the Constitution of the Federal Republic
of Nigeria having imposed obligations on the press should also protect the
media from all forms of degradation through an express provision
guaranteeing press freedom.
13.
That the duty to be fair and just is a
corollary to a right of access to public records and information.
Edetaen
Ojo Abdul
Oroh,
Executive
Director Executive
Director
Media Rights
Agenda Civil
Liberties Organisation
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