Article 30: The Ombudsman is required to include the difficulties citizens face in the exercise of
their right to access public information in his annual report to the President of the Republic
Article 31: An appeal to court by any aggrieved citizen in matters of access to public
information and administrative documents should be lodged at the Council of State.
Section 2: Penalties
Article 32: Any administrative authority or agent of a service found guilty of refusing to provide
or obstructing access to public information and administrative documents in his/her possession or
has knowledge of them in course of service, will incur the penalties laid down by laws and
regulations in force.
The administration is obliged to compensate for the prejudice that resulted.
Article 33: Any administrative authority or agent of a service found guilty of disclosing inaccessible information or documents listed in articles 13 and 14 of this ordinance shall be liable
to disciplinary sanctions, without prejudice of sanctions laid down by the laws in force.
Any user of public services found guilty of circulating non-accessible public information or
documents shall be subject to sanctions provided by the laws in force.
Notwithstanding any legal provisions to the contrary, any person who discloses or reports actions
that constitute wrongdoing, breach of legal obligation, judicial error or grievous acts of
negligence in the management of a public administration, shall be protected and be free from all
judicial , administrative or professional sanctions.
Chapter VIII: Transitional and Final Provisions
Article 34: The present ordinance comes into effect six (06) months after its date of publication.
Article 35: A decree adopted in the Council of Ministers defines the modalities for the
implementation of this ordinance.
Article 36: This ordinance will be published in the Official Gazette of the Republic of Niger and
implemented as a national law.
Done at Niamey, February 23, 2011
For Publication:
The General Secretary
of Government
ADAMOU SEYDOU
Signed: The President of the Supreme
Council for the Restoration of
Democracy, Head of State,
Lieutenant General DJIBO SALOU