The African Commission on Human and Peoples’ Rights in Banjul, The Gambia has ordered the President Umaru Musa Yar’Adua government to work with the National Assembly to ensure the immediate withdrawal of the anti-media bill recently initiated by Honourable Abike Dabiri Erewa of the House of Representatives.

The African Commission’s order followed a petition and intensive lobbying activities at the Commission’s Secretariat in Banjul by a civil society group, Socio-Economic Rights and Accountability Project (SERAP).

The African Commission is a body charged with overseeing states parties’ compliance with their obligations under the African Charter on Human and Peoples’ Rights, which Nigeria has ratified.

The African Commission’s order dated 25 November 2005 and signed by Commissioner Pansy Tlakula, Special Rapporteur on Freedom of Expression and Access to Information in Africa, is contained in a letter of appeal sent to President Yar’Adua by the Special Rapporteur. It states that, “The Special Rapporteur is concerned about reports of the proposed Nigerian Press Council and the Practice of Journalism in Nigeria Bill 2009 (the Bill), before the National Assembly of the Federal Republic of Nigeria. This Bill will repeal the Nigerian Press Council Act of 1992.”

“The Special Rapporteur is concerned that, if the President of the Federal Republic of Nigeria is indeed considering passing this Bill through the National Assembly, it will be failing in its obligations to protect the right to Freedom of Expression under Article 9 of the African Charter on Human and Peoples’ Rights (the African Charter), which stipulates that, every individual has a right to receive information and to express and disseminate his or her opinions,” the Commission stated.

“The Special Rapporteur is also concerned that, the Bill will not be in keeping with the provisions of the Declaration of Principles on Freedom of Expression in Africa, (the Declaration) which supplements the provisions of Article 9 of the African Charter,” the Commission added.

“It is alleged that the Bill requires members of the Nigerian Press and Practice of Journalism Council (the Council) to swear an oath of secrecy. Furthermore, the Bill provides for the licensing of journalists and seeks to establish a National Examination and Accreditation Board to conduct examination for would-be journalists or graduates of mass communication in Nigeria. The procedure for the appointment of the Chairperson of the Council, who is appointed and dismissed by the President of the Republic, on recommendation of the Minister of Information and Communications, compromises the independence of the Council” the Commission observed.

“The Bill provides for the establishment of a Media Practitioner Complaint Commission (the Complaint Commission) in all States in Nigeria. This Complaint Commission is intended to render the Ombudsman mechanism, which was recently established by the Newspaper Proprietors Association of Nigeria (NPAN) ineffective. The Complaint Commission can impose fines ranging from N50,000 to journalists and N100,000 to media organizations, and has the power to suspend journalists or media houses practice,” the Commission further noted.

In her letter of appeal to President Yar’Adua on 24 November 2009, the Special Rapportuer urged the President to authorise withdrawal of the Bill, or ensure its complete amendment to ensure it fully complies with the African Charter, the Declaration, as well as applicable international and regional standards on Freedom of Expression and Access to Information.

In the letter of appeal, she also informed the President about her mandate “to analyse national media legislation, policies, and practices within member states, monitor their compliance with freedom of expression and access to information standards in general and the Declaration of Principles of Freedom of Expression in Africa in particular and advise member states accordingly.”

The Special Rapporteur said that she is currently studying Bill carefully, and will make comprehensive comments/orders at a later stage.

Earlier, in the petition dated 18 November 2009 and signed by SERAP Executive Director Adetokunbo Mumuni, the organisation asked the Special Rapporteur 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.”

 “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.

The organization also said that,  “The proposed bill is coming at a time when Nigeria has performed very poorly in the Transparency International 2009 Corruption Perception Index, ranking 130^th 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 also said that “to 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 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 4^6th Ordinary Session in Banjul, The Gambia

Signed

Adetokunbo Mumuni

Executive Director

26/11/09