We bring together information on the legal frameworks for the right to information from more than 80 countries.
 
You are here: Home › International and Regional Law and Standards

International and Regional Law and Standards

United Nations

The Justice Initiative submitted Comments at the end of January to the UN Human Rights Committee concerning its draft General Comment on Article 19 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of expression, including “the right to seek, receive and impart information and ideas”. Our comments focused on the right of access to information. Several other organizations submitted comments as well (freedominfo.org).

Our most important recommendation is that the General Comment should make clear that requesters do not need to state reasons for their requests. The Committee has dismissed at least one application (against the Government of Kyrgyzstan) as inadmissible on the ground that the applicant had failed to allege any specific interest in the information.

We made the following additional recommendations, supported by reference to international law, standards and practice:

  • The Comment should expressly state that the right of access to information belongs to everyone, not merely to citizens.
  • The legislature should be expressly listed along with the judiciary and other public bodies that are subject to the right of access to information.
  • A sentence should be added making clear that governments have a duty to proactively publish key categories of information in order to effectuate the right of access to information, as well as to promote the transparency and efficiency of public administration and encourage  informed participation by the public in matters of general interest.
  • The Comment should expressly state the principle of maximum disclosure, and that information must be disclosed, even if disclosure would cause harm to a legitimate interest, so long as the public interest in disclosure outweighs the harm.
  • The Comment should expressly state that the right to appeal a refusal to disclose information includes a) the right to appeal to a court or other independent and impartial body, b) from refusals, whether express or implied.
  • The Comment should include protection for whistleblowers, and should state expressly that national security restrictions may not be used to suppress information of public interest.

The 18-member Committee published the draft General Comment and invited public comment in November 2010.  The Committee is expected to issue a final General Comment in late 2011 or early 2012 following a second and third reading. The new General Comment will replace a brief Comment adopted by the Committee in 1983.

Document Actions