open letter to the US President Donald Trump asking him to exercise his
constitutional powers “pursuant to the Presidential Proclamations 7750
and 8697 to instruct the US Secretary of State and US Ambassador in
Nigeria to temporarily ban Nigerian state governors and other senior
public officials misusing the criminal justice system to jail
journalists, bloggers and activists reporting on allegations of
corruption from entering the US.”
SERAP also urged Mr Trump to “use Presidential Proclamation 8697 (which
allows the US Department of State to deny visas to foreign officials,
their families and friends) who participate in serious human rights
violations and other abuses such as misusing the criminal justice system
to jail journalists, bloggers and activists to prevent them from
reporting on allegations of corruption and other related cases.”
The letter followed SERAP’s report titled “A Downward Spiral: How
Federal and State Authorities are Tightening the Screws on Media Freedom
in Nigeria” and launched today in Lagos.
In the letter dated 30 October 2019 and signed by SERAP deputy director
Kolawole Oluwadare, the organization said: “Democracy demands ‘maximum
disclosure’ of all government held information, and this won’t happen
without respect for media freedom and the citizens’ rights to know.
Undue restrictions on media freedom and the right to know would imply
nothing short of abrogation of the ideals of democracy and good
governance. Citizens’ right to know is vital for social welfare and
other human rights.”
SERAP also said, “Media freedom and the right of citizens to know
constitute a crucial bulwark of democracy. It is essential for the
general progress of a democratic society if people are to effectively
monitor their government’s affairs and democratically participate in the
running of society, they must have access to government-held
information, which the media should be allowed to freely report.”
SERAP’s report documents the increasing cases of harassment,
intimidation, arbitrary arrests and detention and deaths of journalists,
bloggers and other media workers while carrying out their legitimate
work.
SERAP’s letter read in part: “Specifically, the report documents cases
of attacks on journalists, bloggers and activists reporting on
allegations of corruption and related matters in the following states of
Nigeria: Cross River state; Abia state; Ebonyi state; Kano state; Jigawa
state; Bauchi state; and Kaduna state.”
“Also, 109 journalists were attacked between 2010 and 2015, and several
more journalists, bloggers, radio and TV stations and activists have
been targeted since 2015. At least 36 attacks on journalists were
recorded between January and July 2019 alone, 30 of the attacks
happening during the 2019 general elections.”
“The attacks and harassment include arbitrary arrests and detention,
physical attacks and even deaths. In 2018, at least 45 radio and TV
stations were sanctioned by the authorities on unfounded allegations of
breaching some codes of conduct.”
“Proactive initiatives to protect media freedom and human rights that
would invariably contribute to transparency and accountability globally
have always been in the best long-term interests of the US. Your
application of targeted sanctions would reaffirm US commitments to human
rights, and media freedom and help to supplement the criminal justice in
Nigeria and be entirely consistent with the US international
obligations.”
“SERAP believes that your government’s imposition of targeted sanctions
against those accused of misusing the criminal justice system to attack,
intimidate, harass and jail journalists, bloggers and activists in
Nigeria would help to deter other state governments, governors and other
senior public officials from limiting the enjoyment of Nigerians’ right
to information about what their government is doing in their names.”
“Such sanctions would not violate due process and presumption of
innocence principles, as long as the reasons for the sanctions are
communicated to those that may be affected, as what is recommended is a
temporary travel ban. We argue that the imposition of temporary travel
bans on public officials complicit in violation of media freedom and
preventing reporting of allegations of corruption is a preventive and
not punitive measure.”
“SERAP therefore urges you to apply the presidential proclamations 7750
and 8697 as instruments of foreign policy to promote targeted sanctions
against state governments, governors and other senior public officials
in Nigeria, just as the US has for many years applied targeted
sanctions, including imposing travel restrictions on systematic
violations of human rights.”
“SERAP believes that applying presidential proclamations 7750 and 8697
as recommended would be very helpful to Nigeria’s efforts to protect
media freedom, improve transparency and accountability and generally
ensure full respect for the human rights of journalists, bloggers and
activists across Nigeria. It would also facilitate equivalent visa bans
in other globally desirable locations as well.”
“SERAP hopes that you will exercise your constitutional powers to
promote human rights, media freedom, transparency and accountability in
Nigeria.”
“SERAP also notes that Presidential Proclamations 7750 and 8697
underscore the important role of the media in the establishment of
legitimate and transparent public institutions to world stability,
peace, and development.”
“The proclamations note the US ‘enduring commitment to respect for human
rights and humanitarian law’, which requires that its Government be able
to ensure that the US does not become a safe haven for suspected
violators of human rights and other abuses. They also aim to help the US
authorities to secure peace, promote the rule of law, combat crime and
corruption, and strengthen democracies around the globe.”
“Significantly, the Presidential Proclamations underscore that it is in
the interests of the United States to take action to restrict the
international travel and to suspend the entry into the United States, as
immigrants or non-immigrants, of certain persons who are suspected to be
involved in serious violations of human rights, humanitarian law and
other abuses.”