Access to information is a basic human right which is essential for the development of democracy and good governance, for the promotion of popular participation and social justice, and for preventing and fighting corruption.
DIHR believes that there is a need for more awareness and knowledge about principles of openness and access to information. Problems vary from country to country. In some cases there may be no legislation dealing with the subject at all, or the legislation may not live up to international standards. In other cases, proper legislation may be available but is not implemented or supported by administrative practices.
DIHR collaborates on this central human rights issue with various partners, e.g. in Afghanistan, Malawi and Niger, while at the same time introducing the issue into activities with all partners as appropriate.
Practical Implementation
In view of the importance of practical implementation of the principles of openness and the right of access to information on the enjoyment of other human rights and freedoms, the Research Department of the Danish Institute for Human Rights (DIHR), assisted by Local Government Denmark, has produced “An Introduction to Openness and Access to Information”.
This handbook elaborates on standards for openness and access to information, openness and access to information in relation to the public administration, to the judiciary, to ombudsman and national human rights institutions (independent institutions) and to NGOs, and provides conclusions and an openness checklist as well as a list of relevant literature and internet references.
Freedom to seek, receive and impart information is enshrined in Article 19 of the International Covenant on Civil and Political Rights:
- Everyone shall have the right to hold opinions without interference.
- Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
- The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Not only is freedom of access to information a basic human right, it is also a precondition for informed public participation in governance, i.e. for democracy. Open and transparent governance is also considered a precondition for preventing and revealing corruption and maladministration.
Consequently, knowledge about openness and access to information is a crucial element in the implementation and promotion of human rights and democratic principles.
When observing the legislation and administrative practice in various countries, whether developed or developing, it becomes quite clear that there is a need for more awareness and knowledge about principles of openness and access to information. Problems vary from country to country: in some cases there may be no legislation at all, in others legislation may not live up to international standards, or proper legislation may be available while administrative practice and implementation do not live up to the legislation etc.
Although material does exist on the issue, this is usually in the form of general standard works that do not necessarily reflect the reality of a developing country or a country in transition. Based on series of seminars, partners from such countries contributed to the final form and content of the handbook based on their experiences.
The handbook is intended to be used as a dynamic tool that may be altered and adjusted according to the country or context in which it is applied. This makes it a highly useful, relevant and flexible tool for increasing awareness and knowledge about and actual implementation of openness and access to information.
DIHR will continue to work on this central human rights issue with various partners, e.g. in Afghanistan, Malawi and Niger, while at the same time introducing the issue into activities with all partners as appropriate.
Contact: Lisbeth Arne Pedersen, lap@humanrights.dk