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The role of digital access providers 2017, para. 76
- Paragraph text
- Individuals depend on digital access to exercise fundamental rights, including freedom of opinion and expression, the right to life and a range of economic, social and cultural rights. They also regularly face obstacles to access: from shutdowns to surveillance. The present report is largely concerned with the obstacles that deny, deter or exclude expression through blunt reliance on digital censorship. The present report has not addressed other serious obstacles — such as the lack of adequate connectivity infrastructure, high costs of access imposed by government, gender inequality, and language barriers — that also may constitute forms of censorship. Much of it therefore focuses on the roles and obligations of States. But States increasingly exercise censorship through the private sector. The report has aimed not only to address the constraints on State action under human rights law but also the principles that private actors should observe in respecting human rights. Key recommendations, already highlighted in the analysis above, are set out below.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 78
- Paragraph text
- It is also critical for the Council and States to draw the connections between privacy interference and freedom of expression. To be sure, interferences with privacy must be assessed on their own merits under article 17 of the International Covenant on Civil and Political Rights and other norms of human rights law. But certain interferences — such as overbroad requests for user data and third party retention of such data — can have both near- and long-term deterrent effects on expression, and should be avoided as a matter of law and policy. At a minimum, States should ensure that surveillance is authorized by an independent, impartial and competent judicial authority certifying that the request is necessary and proportionate to protect a legitimate aim.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 12
- Paragraph text
- In the years since, elaboration of the right to information has been a common thread in reporting under the mandate. In 2013, the Special Rapporteur gave a full rationale for a robust right to information: “… public authorities act as representatives of the public, fulfilling a public good; therefore, in principle, their decisions and actions should be transparent. A culture of secrecy is acceptable only in very exceptional cases, when confidentiality may be essential for the effectiveness of their work. There is consequently a strong public interest in the disclosure of some types of information. Moreover, access to certain types of information can affect the enjoyment by individuals of other rights. In such cases, information can be withheld only in very exceptional circumstances, if at all (A/68/362, para. 20).”
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 53
- Paragraph text
- Third, the United Nations whistle-blower policy provides that: “The individual must make the report in good faith and must submit information or evidence to support a reasonable belief that misconduct has occurred” (ST/SGB/2017/2, para. 2.1 (a)). In the context of whistle-blowing, a “good faith” requirement should not require justification other than the fact that the whistle-blower aims to disclose waste, fraud, abuse or some other illegal conduct. It should not be understood to require or permit any kind of inquiry into other motives that the whistle-blower may have.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 29
- Paragraph text
- While the duty of States to respect and protect freedom of expression is well-established, the private actors that establish, operate and maintain digital access also play a critical role.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 16
- Paragraph text
- Human rights law also recognizes connections between the right to freedom of expression as contained in article 19 of the International Covenant on Civil and Political Rights and other rights. The right to information is also closely connected to article 25 (1) of the International Covenant, which protects every citizen’s right and opportunity to “take part in the conduct of public affairs”. The Human Rights Committee has emphasized the importance of freedom of information to public participation “without censorship” (CCPR/C/21/Rev.1/Add.7, para. 25). The Office of the United Nations High Commissioner for Human Rights (OHCHR) reiterated and expanded on this point (and others) in its 2015 report on the promotion, protection and implementation of the right to participate in public affairs in the context of the existing human rights law (A/HRC/30/26).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 57
- Paragraph text
- Intergovernmental organizations should make efforts now to create openness and to establish policies and infrastructure that not only provide information of all kinds but also promote such requests. Intergovernmental organizations should welcome the opportunities to provide transparency because, although transparency can cause embarrassment and, occasionally, give rise to scandal, it also sends a broader message of understanding that public knowledge is critical, especially so since these institutions serve critical public functions. Opacity, by contrast, sends the opposite message: we are distant; our work does not concern you; your support is unnecessary.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 61d
- Paragraph text
- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Promote knowledge of access to information policies, including through the provision of clear information on websites and active dissemination and promotion of those policies to staff and stakeholders.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 58
- Paragraph text
- It is not enough simply to adopt access to information policies, such policies must be rigorous and principled, drawing on the broad global acceptance that the right of access to information held by public authorities is rooted in international law. I encourage international organizations and the United Nations to align their policies with those being adopted and implemented, increasingly, by States, not only to emulate the best aspects of governmental behaviour, but to serve as a model for States to follow.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 17
- Paragraph text
- Government surveillance today relies on access to communications and associated data belonging to users of privately owned networks. While such access frequently requires the assistance of private actors, it may also be obtained without their knowledge or involvement. As with other forms of surveillance, government access to user data may interfere with privacy in a manner that can both directly and indirectly limit the free development and exchange of ideas (see A/HRC/23/40, para. 24). Undue access to personal data implicitly warns users to think twice and possibly avoid controversial viewpoints, the exchange of sensitive information and other exercises of freedom of expression that may be under government scrutiny (see A/HRC/27/37, para. 20).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 77
- Paragraph text
- The Human Rights Council, in its resolution 32/13, condemned unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law, and called upon all States to refrain from and cease such measures. This condemnation, which is critical to the Council’s promotion of human rights online, should be supplemented and specified. Intentional prevention or disruption of access includes any action that shuts down or renders ineffective access to telecommunications networks, mobile services, social media platforms and so forth. Future work of the Council that clarifies the rules that apply to digital access, as outlined in this report, would advance the right to freedom of opinion and expression online.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 47
- Paragraph text
- The digital access industry is in the business of digital expression; its commercial viability depends on users who seek, receive and impart information and ideas on the networks it builds and operates. Since privately owned networks are indispensable to the contemporary exercise of freedom of expression, their operators also assume critical social and public functions. The industry’s decisions, whether in response to government demands or rooted in commercial interests, can directly impact freedom of expression and related human rights in both beneficial and detrimental ways.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 70
- Paragraph text
- Transparency is a key feature of the digital access industry’s responsibility to respect. Information about government activities that require corporate assistance or involvement should be disclosed to the maximum extent allowed by law. Companies should be mindful that such information is primarily used by civil society to challenge human rights abuses in court, register grievances before domestic or international mechanisms on behalf of users or seek alternative means of accountability. Accordingly, such disclosures should be regular and ongoing, and in an accessible format that provides appropriate context.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 10
- Paragraph text
- The right to information under international law has its roots in article 19 of the Universal Declaration of Human Rights and in article 19 of the International Covenant on Civil and Political Rights. As formulated in the International Covenant, everyone enjoys the “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 Human Rights Committee has provided a clear enunciation of what the right involves, emphasizing that article 19 “embraces a right of access to information held by public bodies”. “Such information”, the Committee noted, “includes records held by a public body, regardless of the form in which the information is stored, its source and the date of production” (CCPR/C/GC/34, para. 18). Moreover, the Committee emphasized that the right does not merely depend on public authorities’ reaction to requests for information: “To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest. States parties should make every effort to ensure easy, prompt, effective and practical access to such information. States parties should also enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation. The procedures should provide for the timely processing of requests for information according to clear rules that are compatible with the Covenant. Fees for requests for information should not be such as to constitute an unreasonable impediment to access to information. Authorities should provide reasons for any refusal to provide access to information. Arrangements should be put in place for appeals from refusals to provide access to information as well as in cases of failure to respond to requests (CCPR/C/GC/34, para. 19).”
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 17
- Paragraph text
- Recognition of the right to information, consistent with article 19 of the International Covenant, has come with the acknowledgment that access to information may be subject to limitations. Those limitations, originating in article 19 (3), must be provided by law and be necessary and proportionate in order to protect the rights or reputations of others, national security or public order or public health or morals. I have previously reviewed how the restrictions permissible under article 19 (3) apply in the context of freedom of information (A/70/361, paras. 8-13). How international organizations might translate the norms of the International Covenant for the purposes of their own access-to-information initiatives is discussed below.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 60d
- Paragraph text
- [International organizations, especially the United Nations, should:] Ensure that policies include the main elements identified above, in particular, proactive, clear, searchable and secure disclosures; comprehensive policies with binding rules; clear rules about what information may be withheld; effective complaint and appeals mechanisms; strong implementation, review and monitoring systems; and independent whistle-blowing protections.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 71
- Paragraph text
- Even if local law limits full transparency, companies should nonetheless disclose all relevant and publishable information. For example, if companies are prohibited from disclosing the origin or basis of a shutdown request, they should nevertheless seek to provide regular updates about the services affected or restored, the steps they are taking to address the issue and explanations after the fact. Innovative transparency measures, such as the publication of aggregate data and the selective withholding of information, also mitigate the impact of gag orders and other non-disclosure laws. Companies should disclose all the local laws with which they comply and, where possible, challenge any law or regulation that prevents or hinders them from being transparent to users and the general public.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 23
- Paragraph text
- Network neutrality — the principle that all Internet data should be treated equally without undue interference — promotes the widest possible access to information. In the digital age, the freedom to choose among information sources is meaningful only when Internet content and applications of all kinds are transmitted without undue discrimination or interference by non-State actors, including providers. The State’s positive duty to promote freedom of expression argues strongly for network neutrality in order to promote the widest possible non-discriminatory access to information.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 32
- Paragraph text
- Public disclosure should also involve the following points: first, the institutions themselves should engage on a regular basis with members of the public, typically through civil society organizations, to ensure that they are making public all relevant and valuable information. For instance, in its submission for the present report, the International Service for Human Rights highlighted the kinds of information that it believes to be in the public interest and how OHCHR could improve its proactive disclosures. Regular dialogue with civil society organizations would enable all intergovernmental organizations to be efficient in the disclosure of information, and would likely reduce the resources devoted to such requests. Second, disclosed information must be shared in a way that is easily searched and analysed. Third, in an age of surveillance and information insecurity, all organizations must take steps to ensure both the security of their information systems and of the individuals who may be seeking access to them. I have already raised the issue of digital insecurity at OHCHR, including in my 2015 report to the Human Rights Council (A/HRC/29/32, para. 37). The OHCHR website, and the website of the United Nations itself, remain unencrypted (as do many other institutions), potentially deterring those concerned about the privacy of their online searches from seeking information.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 5
- Paragraph text
- International human rights law establishes the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers, and through any media of his or her choice (see Universal Declaration of Human Rights, art. 19; and International Covenant on Civil and Political Rights, art. 19). The Human Rights Council and General Assembly have reiterated that the freedom of expression and other rights apply online (see Council resolutions 26/13 and 32/13; General Assembly resolution 68/167; and A/HRC/32/38). The Human Rights Committee, previous mandate holders and the Special Rapporteur have examined States’ obligations under article 19 of the Covenant. In short, States may not interfere with, or in any way restrict, the holding of opinions (see art. 19 (1) of the Covenant; and A/HRC/29/32, para. 19). Article 19 (3) of the Covenant provides that States may limit freedom of expression only where provided by law and necessary for the respect of the rights or reputations of others, or for the protection of national security or of public order (ordre public), or of public health or morals (see Human Rights Committee general comment No. 34 (2011); A/71/373; and A/HRC/29/32).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 62c
- Paragraph text
- [Member States should:] Focus on ensuring the broadest possible access to information, only seeking to protect from disclosure State-generated information that could be withheld under international human rights law, in particular article 19 (3) of the International Covenant on Civil and Political Rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 19
- Paragraph text
- Transparency within intergovernmental organizations advances the same objectives that underlie the expansion of freedom of information and open government initiatives. As noted in the submission of the Centre for Law and Democracy, such organizations are public institutions, performing governmental functions, much as States do. Members of the public can only seriously engage with the critical issues pursued by intergovernmental organizations when they have access to information about them. In the context of multilateral institutions, the Special Rapporteur on the rights to freedom of association and peaceful assembly noted that for “civil society to engage effectively in global decision-making, the right to access information is indispensable” (A/69/365, para. 15). In countries where intergovernmental organizations do extensive work, whether it involves peacekeeping or development assistance or human rights, to name a few areas, genuine engagement and participation means the ability to gain current information about the work of such missions. It means having mechanisms of public accountability so that individuals can determine whether the organizations are serving their interests or those of the organization itself, including, possibly, corporations, local leaders or corrupt participants in public life.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 22
- Paragraph text
- It bears re-emphasizing that article 19 of the International Covenant guarantees everyone the right to seek and receive information of all kinds, regardless of frontiers. At a minimum, States are obligated not to stand in the way of members of the public receiving information from organizations like the United Nations and its departments and agencies, absent a demonstration of the legitimate application of the limitations found in article 19 (3) of the Covenant. One can go a step further and highlight the broad consensus that States are obligated not only to avoid illegitimate restrictions on access to information but that they should create enabling environments for all rights under article 19 of the Covenant. While intergovernmental organizations clearly enjoy an independent personality under international law, their main policies and legal norms are often the result of the decisions of their Member States. As such, States should encourage the creation of environments that include access to information not merely because of some legalistic approach to intergovernmental organizations and the responsibility of the United Nations but because their citizens — all citizens, everywhere — should enjoy the right to information of all kinds regardless of frontiers, including information about intergovernmental organizations and the United Nations.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 33
- Paragraph text
- Like Governments, intergovernmental organizations should establish an explicit and comprehensive legal framework that recognizes a right to information applicable throughout the entire organization and its subsidiary organs. Any access policy should, explicitly or implicitly, promote disclosure of information in the public interest — that is, information to which the public has a right of access because of the benefit it would provide to understanding of the work of the organization. Information should be defined broadly to include all records, documents, data, analyses, opinions and processes, regardless of the media in which it is held, in keeping with the principle that individuals have a right to information and ideas of all kinds, subject only to narrow non-disclosure rules. The policy should be uniform across the organization, and should be written in plain language. It should also be binding, precluding the organization from withholding information on any basis found outside the policy itself. For instance, WFP generally recognizes a wide range of categories of information, capturing all sorts of media, and emphasizes the policy as a “directive” to be carried out by senior management.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 56
- Paragraph text
- International organizations must open themselves up to greater public scrutiny and participation if they are to thrive. Their leaders seem to recognize this, as is evident in their extensive websites, professional (if underresourced) communications offices and the public presence of a great number of officials of intergovernmental organizations in social, broadcast and print media. However, apart from a handful of exceptions noted herein, this recognition on their part does not generally lead to policies that promote and regularize the exercise of the right to information. Why this is so is not difficult to understand: with perhaps the exception of the work of the Security Council and the Secretary-General, and high-level ministerial meetings of Heads of State and Government, intergovernmental organizations generally conduct their day-to-day operations far from the media’s gaze, a situation that changes only in the event of scandal or abuse. The absence of that gaze, and the haze generated by large and difficult to penetrate bureaucracies, means that officials generally do not feel the pressure to release information. This, however, is a mistake.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 62b
- Paragraph text
- [Member States should:] Participate actively in the development of policies that advance everyone’s right to freedom of information;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 74
- Paragraph text
- Remedies may include both financial and non-financial means (Ibid., principle 27). When freedom of expression is impaired, appropriate remedies may include access to grievance mechanisms and information about the violation and guarantees of non-repetition. Users whose accounts have been wrongly suspended may want the satisfaction of being heard and provided with explanations and assurances of non-repetition.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 80
- Paragraph text
- The protective role that States may exercise over the private sector can only go so far. They should not be promoting the economic gain of private entities over users’ rights to freedom of opinion and expression. Thus, States should prohibit attempts to assign priority to certain types of Internet content or applications over others for payment or other commercial benefits.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 6
- Paragraph text
- Where rule of law prevails, Governments and Government officials stay accountable to their citizens through a variety of mechanisms. Too often, however, accountability is a chimera, and nowhere is this more evident than in situations where authorities withhold information from the public. Without freedom to access information of all kinds — in particular when Governments withhold information from the public and its judicial, legislative and media mechanisms — abuses may take place, policies affecting the general welfare may not be tested and improved and overall public engagement and participation diminishes, often by design. By contrast, information-rich environments help promote good decision-making and meaningful public debate, building credibility for public institutions. Even if implementation may not always meet the highest standards, Governments have recognized this fundamental point, at the intersection of good, open government and the human right of access to information, recognizing that the credibility of public authorities depends on their willingness to engage with those who fund their work and elect their key officials — the members of the public.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 13
- Paragraph text
- In 2004, the Special Rapporteur joined with representatives of regional mechanisms for freedom of expression to emphasize the importance of freedom of information as a fundamental right. Together they emphasized that addressing the widespread “culture of secrecy” in public institutions required not only legislation and implementation but also “sanctions for those who wilfully obstruct access to information”.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph