3. International conventions on Freedom of Information
Freedom of information is an integral part of the fundamental right of freedom of expression, as recognized by
resolution 59 of the UN General Assembly adopted in 1946, as well as by Article 19 of the Universal
Declaration of Human Rights (1948),
The UN Human Rights Committee in General Comment 34, adopted in 2011, interpreted the
scope and limits of the right to information, stating that Article 19 of the International Covenant
on Civil and Political Rights (ICCPR) ensures the right to access information held by public
bodies.
It requires that states proactively disseminate information in the public interest and ensure that
access is “easy, prompt, effective and practical.”
The Comment also states that countries must enact “necessary procedures” such as legislation
to give effect to the right to information.
The Comment further stipulates that fees for access must be limited, responses to requests
must be timely, authorities must provide explanations for withholding information, and states
need to establish appeals mechanisms.
4. International conventions on Freedom of
Information.
OVERVIEW OF THE CASE :
The Human Rights Committee provided guidance on the right to information under Article 19 of
the ICCPR in the case of Toktakunov v Kyrgyzstan, reaffirming that exceptions to the right are
limited to only those permitted under Article 19(3) and that information should be provided
without requiring a direct interest or explanation.
In their 2004 Joint Declaration, the three special mandates on freedom of expression at the UN,
OSCE and OAS stated: “The right to access information held by public authorities is a
fundamental human right which should be given effect at the national level through
comprehensive legislation (for example Freedom of Information Acts) based on the principle of
maximum disclosure, establishing a presumption that all information is accessible subject only to
a narrow system of exceptions.
The right to information has been also recognised as a key enabler in environmental protection.
In the 1992 Rio Declaration, the world’s leaders agreed in Principle 10
5. International conventions on Freedom of Information
The right to information has also been recognised in international law relating to social and
economic rights. Under international conventions and agreements, the right to information is
considered an enabling right, which facilitates people to better achieve other rights and to more
effectively participate in public discussions on policy and government activities. The UN has also
found the right to information an essential factor in ensuring the right to water,[14] the right to
health,[15] and the right to education.[16] The right to information is also specifically protected
in the Convention of the Rights of the Child and the Convention on the Rights of Persons with
Disabilities.
There are also other important international treaties which require public access to information. Article 10
of the UN Convention Against Corruption (UNCAC) requires states to “take such measures as may be
necessary to enhance transparency in its public administration”
Article 13 of UNCAC requires that states should “[ensure] that the public has effective access to
information” and take measures for “[r]especting, promoting and protecting the freedom to seek, receive,
publish and disseminate information concerning corruption”. It also requires whistle-blower protections.
Article 19(3) provides that freedom of expression may be limited where those limitations can be demonstrated to be necessary for ensuring ‘respect for the rights and reputations of others’.
