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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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