Nigeria: AU Orders To Withdraw Media Bill

The African Commission on Human and Peoples’ Rights has advised the executive to work with the National Assembly to ensure the immediate withdrawal of the anti-media bill recently initiated by Hon. Abike Dabiri-Erewa of the House of Representatives.

www.leadershipnigeria.com/index.php/news/cover-stories/8953-au-orders-fg-to-withdraw-media-bill

The commission's order followed a petition and intensive lobbying activities at the commission's Secretariat in Banjul, The Gambia, 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  November 25, 2009 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 these Bills 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 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.

 

“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 Bill provides for the establishment of a Media Practitioners 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 on journalists and N100,000 on media organisations, and has the power to suspend journalists or media houses practice”.

 

The Special Rapportuer urged the President to authorise the 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, Tlakula 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 the bill carefully and will make comprehensive comments/orders at a later stage.

 

Earlier, in the petition dated November 18, 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 recognised right to freedom of expression and press freedom in the country.”

 

It said, “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 organisation also said, “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.”

 

 

- November 26, 2009 by Philip Nyam

.................

Source: www.leadershipnigeria.com/index.php/news/cover-stories/8953-au-orders-fg-to-withdraw-media-bill (accessed on 27.11.2009)