YOUR RIGHT TO KNOW: HOW TO ACCESS PUBLIC INFORMATION” BEING A PAPER PRESENTED BY DR. JOHN IDUMANGE ON THE OCCASION OF THE TOWN HALL MEETING IN KAIAMA, KOLOKUMA/OPOKUMA LGA OF BAYELSA STATE ON NOVEMBER 7th, 2013 AT KAIAMA “Not having the information you need when you need it leaves you wanting. Not knowing where to look for that information leaves you powerless. In a society where information is king, none of us can afford that”------Lois Horowitz Introduction: I am honoured to deliver this paper on this auspicious occasion of our Town Hall Meeting in the Kolokuma/Opokuma Local Government Area. Let me first thank His Excellency, Hon. Henry Seriake Dickson, Governor of Bayelsa State for creating the platform for us to interact with stakeholders at the grassroots. It is a demonstration of the fact that that the Restoration Administration is open, transparent and people-oriented. May I express gratitude to the Chairman of the Kolokuma/Opokuma LGA Hon. Gbarainbiri Iselema for gracing this occasion with his presence. His moral support made it possible for the Committee to hold today’s event. To our very distinguished royal fathers, Chiefs, opinion leaders, youths and women of outstanding character, I say thank you for finding time to attend this meeting. Bayelsa State is the smallest among all 36 States of the Federation. The State has only eight LGAs – the least the Country. Over 50 years ago, crude oil was discovered in commercial quantity in Bayelsa State. Today, Bayelsa Son Dr. Goodluck Jonathan is President of this great nation. With this strategic importance, Bayelsa State is now the centre of gravity in our Country. At the level of leadership, I make bold to say that since 1996, when Bayelsa State was created, this is the first time we have a leader who knows the Bayelsa Story and is determined to set the state on the orbit of accelerated development. Bayelsa State under Governor Henry Seriake Dickson has taken a quantum leap in the provision of physical infrastructure, human capital development, creating an enabling environment for investment and Tourism development. The prevailing peace and security we enjoy is a function of the new security architecture in Bayelsa State. With the enormous national assignment Governor Dickson has been playing in reconciling aggrieved PDP members at the national level, Bayelsa has acquired renewed significance. Information is to government what oxygen is to the respiratory system of the body. Information is the vehicle through which government policies, plans and programmes are conveyed. The right to know is a natural, inalienable right given to man by God but reinforced by the law in the Universal Declaration of Human Rights (1948), the Nigerian Constitution 1999, and the Freedom of Information Act, 2012, the African Charter of 1982, among others. The right to know is a logical extension of man’s inalienable freedom of expression. Three aspects of the concept are relevant. These include: the right to seek information and ideas; the right to receive information and ideas and the right to impart information and ideas. These must be done with accuracy, fairness, truth, objectivity and in a verifiable manner. The UN General Assembly in 1964 averred that ‘freedom of information is a fundamental human right and is the touchstone for all freedoms to which the UN is consecrated’. Article 19 of the Universal Declaration of Human Rights, adopted in 1948, states that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The right to know enhances participation in the political process; strengthens public institutions and enhances accountability, transparency and good governance. Article 9 of the Charter which among others declared that the African charter entitles “everyone to access information held by Public bodies” and to “access information held by Private bodies which is necessary for the execution or Protection of any right What is Public Information? Information belongs to the people; government simply holds information in trust for the people. Public Information is any news, document, story or report concerning government policies, plans, programs including official pronouncements and the people. Under the Freedom of Information Act, individuals have a right to request access to recorded information held by government organizations. The information may appear on paper, microfilm or computer disk and includes things such as photographs and maps. Public Information is contained in news bulletins, official gazettes, budget speeches, Memoranda of Understanding, Bills passed into Law, Motions passed; Court Judgments, party manifestos; and minutes of public meetings, Committee Reports, White papers arising from panels of inquiry, communiqués of groups such as Advocacy Groups, etc. What is Access to Information? There are two dimensions to access to public information. The first dimension is the proactive view which places positive obligation of public bodies to provide, to publish and to disseminate information about their main activities, budgets and policies so that the public can know and participate in public matters and can control how public authorities operate. The second dimension is the reactive perspective. This implies the right of all persons to ask public officials for information about what they are doing and any documents they hold and the right to receive an answer. The majority of information held by public bodies should be available, but there are some cases where the information won’t be available in order to protect privacy, national security or commercial interests. Simply put, access to information implies creating an enabling environment for the citizens to have access to the activities of government in a transparent manner. Why Access To Public Information?: Access to public information is very essential to good governance. Access to information is one of the keys to democracy. Allowing people to seek and receive public information serves as a critical tool for fighting corruption, enabling citizens to participate fully in public life and this makes governments more efficient. At some level access to information encourages investment, and helps persons exercise their fundamental human rights. Government and its activities are funded by the tax payers’ money. The tax payers’ have a right to know what government does with their money. Besides, in a democratic system of government, individuals have a fundamental right to information and freedom of expression. This underscores the emphasis on openness, transparency and accountability in the conduct of governmental businesses. When people have access to Public Information, they can contribute their quota to good governance. They can then buy-into government policies, plans and programmes and be fully involved in governmental businesses. Further, most public events such as voter registration, social mobilization, electioneering campaigns, elections etc. are public events and the Public has the right to know what happens in order to offer advice, make recommendations and make alternative suggestions in terms of policy options. Having access to public information enables the people to defend the policies and programmes of government. Many governments are confronted with the urgent need to improve their economy, reform their constitution, strengthen their institutions, modernize public administration, fight corruption, and address civil unrest. With an access to information law, governments must establish record keeping and archiving systems, which serves to make them more efficient, reduce discretionality and allow for better decisions - making based on factual information. Moreover, greater transparency can help reestablish trust between government and its citizens on the basis of the mandate principle. How can we have Access to Public Information? Public Information can be obtained by just by calling, writing or visiting the appropriate government organization. If you do not obtain the information you want, you should make a formal freedom of information request in writing. Specifically, individuals can obtain information public information through the following: By exercising our rights to freedom of information and requesting to know specific information in the MDAs. By participating in Government programmes such as rallies, programmes, Transparency Briefings, Women activities, Youth programmes and other government activities. By constructively engaging representatives and political offices holders such as Local Government Chairmen, House of Assembly members, members of the National Assembly and other political appointees. Listen to the Radio, Television, news bulletins, read Newspapers and other official publications such as the CONTRIMAN Monthly publication. When you read these bulletins and you are not sure of certain stories you may verify them by calling on the Committee. In Bayelsa State, representatives are appointed at all levels of Government and they owe the people a responsibility to community. Engage them to find out things for yourself. Channel their complaints through the Bayelsa Public Information Management Committee. Exchange of ideas through advocacy and interactive sessions Liaising with NGOs, CBOs and CSOs to understudy policy implementation processes Paying courtesy visits to important political office holders. Etc. Engaging government at all levels through elected and appointed representatives. Communities can nominate their Youth, Women and CDCs and other opinion leaders to attend government functions such as rallies, seminars, conferences, workshops and other interactive sessions, who will in turn report back to the people. In doing so, they are expected to report only verifiable truths, and in a fair, objective manner. Creating Access to Public Information The Governor Dickson Administration has reconfigured the architecture of information dissemination. First, we have the Ministry of Information & Orientation, which deals with Public Information emanating from the State. Secondly, we have a Media Team under the office of the Chief Press Secretary. This office comprises those in the social media, electronic media, including the Television and the Print Media and other media consultants. Thirdly, there is the Bayelsa Public Information Management Committee, which serves as a clearing House of information dissemination in the State. The Social Media Committee works under the office of the Senior Special Assistant to the Governor on Social Media. Social Media fortifies the cyber space and interfaces with other publishing outfits. We also have the State-owned Niger Delta Television, the Bayelsa State Broadcasting Corporation, the Nigerian Television and the State-owned Newwaves Newspapers. Periodically, strategic meetings are held to harmonize information dissemination in the State. The Secretariat of the Bayelsa Public Information Management Committee is located at SAPTEX Road, Yenagoa. We expect stakeholders to make inquiries, ask questions, and lodge complaints about any issue of concern so they can be torchbearers of truth, transparency and leadership in Bayelsa State. For those who cannot come to the office, please, call the hotlines: 07030992208; 08101259810; 08101259782 and you will get prompt responses. It is our hope that the Committee will be replicated in all the LGAs of the State so that information at the grassroots will be collated and made available for policy making, implementation and review. Administration is one nurtured by truth, good conscience, transparency and accountability. One of the issues that have featured prominently in our interactions with stakeholders is youth unemployment. Youth unemployment is a national and global challenge. In our State, Governor Henry Seriake Dickson is working assiduously to ensure that an investment-friendly environment is created for Bayelsa to benefit from Foreign Direct Investment. One way of achieving this is to ensure we partner world class institutions and sign MoU’s to facilitate industrialization. Within the past 18 months, the Restoration Administration has signed MoUs with several development partners. Some of the MoUs are under the Public-Private Partnership, PPP model. Some of them include: 1. Lagray Chemicals, USA for the development of Pharmaceutical Products. 2. DST Petroleum Ltd for the establishment of a fertilizer plant in Brass. 3. Octopol Energy Ltd for Gas Conversion. 4. Goshen Treasures Ltd: for the Development of Bayelsa Plastic Industry. 5. KABLETECH Nigeria Limited: For manufacturing of Electricity Cable. 6. Ugboduma and Sons Ltd for the Development of Tourism city. 7. Alyn Global Services Ltd: for building of Aquarium Facility. 8. Clinotech Tunkey Management, Canada for the Production of quarry and other concrete works. 9. Sivan Design to develop a world-class Computerized System to run its Geographic Information System (BGIS) with Complementary Service including Aerial Mapping. 10. An MOU with the prestigious Polish Maritime Academy to establish the Bayelsa Maritime Academy 11. A memorandum of Understanding with Lincoln University in the area of human capital development Several MoUs also exist in the hospitality industry, Agriculture, education, health and training. The dividends of these myriad MoUs will come sooner than later. With the implementation of these MoUs, the scourge of unemployment will be mitigated. Our aim as a Committee is to interact with you to identify the strengths and weaknesses of government with a view to collectively finding solutions to such challenges. The Restoration Administration is nurtured by truth and objectivity, sustained by transparency and openness and solidified by reaching out to the people. For us, the people constitute the strength of democracy and the will of the people cannot be compromised. CONCLUSION: Permit me to express my sincere gratitude to the Bayelsa Pubic Information Management Committee for putting together this Town Hall Meeting. It is a fundamental right for a person to have access to public information but it is also an obligation on the part of the person to disseminate such information according to the principles natural justice which include: fairness, objectivity, truth and in good conscience such that facts are neither distorted nor misinterpreted. This implies that there are implicit limitations in the way and manner we disseminate public information because the laws of libel and defamation are in force. Accordingly, as you seek to obtain public information, you must be guided by the Public interest that to serve the public interest. You should also be guided by Truth and accuracy and fact must be verifiable to be able to distinguish clearly between comments, conjectures and facts. This is why facts are sacred. The public has a right to know about its institutions and the people who are elected and such information should be disseminated in a fair and objective manner. By the same token, people also have a right to privacy. Information can tell us everything. It has all the answers. But they are answers to questions we have not asked, and which doubtless dont even arise. Ronald Reagan, one time President of the United States said “Information is the oxygen of the modern age. It seeps through the walls topped by barbed wire; it wafts across the electrified borders” For the Restoration Administration, public information is the elixir of transparency, accountability. It is our conviction that this is your government and you have the right to know what is happening and have unfettered access to public information in order to use it for the well-being of all Bayelsans. I thank you for listening and may God bless Bayelsa State. References: Article 19 of the Universal Declaration of Human Rights Damamola, I (1999). Law & Ethics of Media Practice Lagos: Owonike Rainbow Press Ltd Spero-Jack, B (2013). “A welcome address delivered in Sagbama Town on the Occasion of the Town Hall Meeting in Sagbama Local Government of Bayelsa State on 24th October, 2013. The Nigerian Press and Practice of Journalism Council Bill: A Bill for an Act to Provide for the repeal of the Nigerian Press Council Act, 1992, The African Charter on Human and Peoples’ Right 1982, Article 9 The African Charter (1982).The Banjul Charter Idumange, J.A; (2001). Democracy, Freedom of Expression And The Press. The Tide, April 11 p 17 Idumange John (2013)” Journalism Practice & The Constitutional Demands on Journalists: An X-Ray of the FoI Act Being a Lecture Series Organized by the International Institute of Journalism, Port - Harcourt in conjunction with the Bayelsa New Media Team (BNMT) On March 8th, 2013 at the Ministry of Justice Auditorium, Rivers State Secretariat, Port Harcourt John McCain, with Mark Salter (1999). Faith of My Fathers (New York: Random House, p 221. McQuail D; (2000). Mass Communication Theory. 4th Edition, London: Sage Publications The United Nations General Assembly, 1964
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