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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
- Date added
- Aug 19, 2019
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 29
- Paragraph text
- The permissible limitations on the right to privacy should be read strictly, particularly in an age of pervasive online surveillance - whether passive or active, mass or targeted - regardless of whether the applicable standards are "unlawful and arbitrary" under article 17 of the International Covenant on Civil and Political Rights, "arbitrary" under article 12 of the Universal Declaration, "arbitrary or abusive" under article 11 of the American Convention on Human Rights, or "necessary in a democratic society" under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (see A/HRC/13/37, paras. 14-19). Privacy interferences that limit the exercise of the freedoms of opinion and expression, such as those described in this report, must not in any event interfere with the right to hold opinions, and those that limit the freedom of expression must be provided by law and necessary and proportionate to achieve one of a handful of legitimate objectives.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 36
- Paragraph text
- The Special Rapporteur notes that, in time of public emergency which threatens the life of the nation and which is officially and lawfully proclaimed in accordance with international law, a State may derogate from certain rights, including the right to freedom of expression. However, derogations are permissible only to the extent strictly required by the exigencies of the situation and only when and for so long as they are not inconsistent with its obligations under international law. Moreover, there are certain non-derogable rights, as outlined in article 4(2) of the International Covenant on Civil and Political Rights. Hence, a journalist should never, under any circumstances, be arbitrarily deprived of his or her life, subjected to torture or to cruel, inhuman or degrading treatment or punishment, imprisoned merely on the grounds of inability to fulfil a contractual obligation, held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed, denied recognition as a person before the law, or denied the right to freedom of thought, conscience and religion.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 58
- Paragraph text
- In addition, the protection of personal data represents a special form of respect for the right to privacy. States parties are required by article 17(2) to regulate, through clearly articulated laws, the recording, processing, use and conveyance of automated personal data and to protect those affected against misuse by State organs as well as private parties. In addition to prohibiting data processing for purposes that are incompatible with the Covenant, data protection laws must establish rights to information, correction and, if need be, deletion of data and provide effective supervisory measures. Moreover, as stated in the Human Rights Committee's general comment on the right to privacy, "in order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files."
- 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
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 15
- Paragraph text
- During the period of normative expansion in the establishment and work of human rights bodies, States were also adopting legislation to implement the right to information, while many incorporated a right to information as a matter of constitutional law. At the domestic level, States have increasingly opened up the workings of government as a matter of law, if not always achieving the best implementation practices. Nevertheless, the environment of confidentiality and withholding that tends to prevail within bureaucracies and in political leadership around the world remains difficult to eliminate. A prevailing exclusion of national security information from right-to-information legal frameworks encourages a tendency to look at disclosures, even those of the highest public interest without meaningful harm to governmental interests, as contrary to “the national interest”. Such attitudes put significant negative pressure on access-to-information laws, and they may have a spill-over effect beyond traditional national security environments. In short, while the legal framework for access to information has improved globally, open government still faces significant barriers in terms of overcoming attitudes and instilling implementation practices.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 43
- Paragraph text
- Intermediaries are increasingly required to assess the validity of State requests and private complaints against general legal criteria, and remove or delink such content based on such assessments. For example, the Cybercrime Act, 2015 of the United Republic of Tanzania only exempts hyperlink providers from liability for information linked provided that they "immediately remove[ ] or disable[ ] access to the information after receiving an order to do so from the relevant authority". In the context of copyright, the Digital Millennium Copyright Act of the United States of America exempts providers of "online services and network access" from liability for third party content only if they respond "expeditiously to remove, or disable access to the material that is claimed to be infringing or to be the subject of infringing activity" upon notice of such infringement. These notice and takedown frameworks have been criticized for incentivizing questionable claims and for failing to provide adequate protection for the intermediaries that seek to apply fair and human rights-sensitive standards to content regulation.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Contemporary challenges to freedom of expression 2016, para. 41
- Paragraph text
- Human rights law places a high value on the individual's ability to hold beliefs and practise religious faith. The Human Rights Council has raised concerns about discrimination and violence against persons on the basis of their religion or belief (see Council resolution 16/18). Yet neither article 18, on freedom of religion, conscience or belief, article 19 nor article 20 (2) of the Covenant protects religions, institutions or beliefs as such. The Special Rapporteur on freedom of religion or belief has noted that the right to freedom of religion or belief has sometimes been misperceived as protecting religions or belief systems in themselves (see A/HRC/31/18, para. 13), when it in fact protects individuals holding or expressing those beliefs. In paragraph 48 of its general comment No. 34, the Human Rights Committee emphasized that prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with article 19. Nor, the Committee noted, would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or commentary on religious doctrine and tenets of faith.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Contemporary challenges to freedom of expression 2016, para. 8
- Paragraph text
- The "duties and responsibilities" under article 19 (3) appear nowhere else in the Covenant. Only in the preamble is it emphasized that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the Covenant. The language in the Covenant and in article 29 of the Universal Declaration of Human Rights does not identify duties or responsibilities of individuals to the State, but to other individuals and the communities in which they live, an acknowledgement that the only legitimate restrictions are those demonstrably grounded in and necessary for the protection of the rights of other individuals or a specific public interest. It is not unusual for States to highlight an individual's duty in order to bolster expansive limitations on the right to freedom of expression. However, the phrase "duties and responsibilities" adds nothing to claims for support of a State's powers of restriction. By no measure does the language prioritize the State over the rights enjoyed by individuals under the Covenant and the Declaration.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 11
- Paragraph text
- The Internet has profound value for freedom of opinion and expression, as it magnifies the voice and multiplies the information within reach of everyone who has access to it. Within a brief period, it has become the central global public forum. As such, an open and secure Internet should be counted among the leading prerequisites for the enjoyment of the freedom of expression today. But it is constantly under threat, a space - not unlike the physical world - in which criminal enterprise, targeted repression and mass data collection also exist. It is thus critical that individuals find ways to secure themselves online, that Governments provide such safety in law and policy and that corporate actors design, develop and market secure-by-default products and services. None of these imperatives is new. Early in the digital age, Governments recognized the essential role played by encryption in securing the global economy, using or encouraging its use to secure Government-issued identity numbers, credit card and banking information, business proprietary documents and investigations into online crime itself.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression in electoral contexts 2014, para. 29
- Paragraph text
- The need for a vibrant and critical debate, with no restrictions on the form or content of political expression, has been explored in depth by the European Court of Human Rights, which has emphasized that "the limits of permissible criticism are wider with regard to the Government than in relation to a private citizen, or even a politician". The State authorities may adopt, "in their capacity as guarantors of public order", penalties for defamation that are proportionate to the injury but only where the accusations are "devoid of foundation or formulated in bad faith". The reference to public order suggests that discretion of a government to restrict potentially defamatory statements against it should be limited to situations in which public order is threatened: While freedom of expression is important for everybody, it is especially so for an elected representative of the people. He represents his electorate, draws attention to their preoccupations and defends their interests. Accordingly, interferences with the freedom of expression of an opposition member of parliament, like the applicant, call for the closest scrutiny on the part of the Court.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 24
- Paragraph text
- The right to privacy is often understood as an essential requirement for the realization of the right to freedom of expression. Undue interference with individuals' privacy can both directly and indirectly limit the free development and exchange of ideas. Restrictions of anonymity in communication, for example, have an evident chilling effect on victims of all forms of violence and abuse, who may be reluctant to report for fear of double victimization. In this regard, article 17 of ICCPR refers directly to the protection from interference with "correspondence", a term that should be interpreted to encompass all forms of communication, both online and offline. As the Special Rapporteur noted in a previous report, the right to private correspondence gives rise to a comprehensive obligation of the State to ensure that e-mails and other forms of online communication are actually delivered to the desired recipient without the interference or inspection by State organs or by third parties.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 102
- Paragraph text
- The effectiveness of national legislation on the right to information depends on the establishment and implementation of procedures that ensure that access is rapid, inexpensive and not unduly burdensome.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 101
- Paragraph text
- National laws should establish the right to lodge complaints or appeals to independent bodies in cases in which requests for information have not been dealt with properly or have been refused.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 43
- Paragraph text
- The Inter-American Court has recently has found that violations of the right to know the truth can be a breach of the right to access information set forth in article 13 of the American Convention on Human Rights, which recognizes freedom of expression.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 62
- Paragraph text
- The Special Rapporteur is thus concerned that without Internet access, which facilitates economic development and the enjoyment of a range of human rights, marginalized groups and developing States remain trapped in a disadvantaged situation, thereby perpetuating inequality both within and between States. As he has noted previously, to combat situations of inequality it is critical to ensure that marginalized or disadvantaged sections of society can express their grievances effectively and that their voices are heard. The Internet offers a key means by which such groups can obtain information, assert their rights, and participate in public debates concerning social, economic and political changes to improve their situation. Moreover, the Internet is an important educational tool, as it provides access to a vast and expanding source of knowledge, supplements or transforms traditional forms of schooling, and makes, through "open access" initiatives, previously unaffordable scholarly research available to people in developing States. Additionally, the educational benefits attained from Internet usage directly contribute to the human capital of States.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 31
- Paragraph text
- States' use of blocking or filtering technologies is frequently in violation of their obligation to guarantee the right to freedom of expression, as the criteria mentioned under chapter III are not met. Firstly, the specific conditions that justify blocking are not established in law, or are provided by law but in an overly broad and vague manner, which risks content being blocked arbitrarily and excessively. Secondly, blocking is not justified to pursue aims which are listed under article 19, paragraph 3, of the International Covenant on Civil and Political Rights, and blocking lists are generally kept secret, which makes it difficult to assess whether access to content is being restricted for a legitimate purpose. Thirdly, even where justification is provided, blocking measures constitute an unnecessary or disproportionate means to achieve the purported aim, as they are often not sufficiently targeted and render a wide range of content inaccessible beyond that which has been deemed illegal. Lastly, content is frequently blocked without the intervention of or possibility for review by a judicial or independent body.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 23
- Paragraph text
- International criminal law prohibits direct and public incitement to commit genocide under article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide, article 25, 3 (e), of the Rome Statute of the International Criminal Court, article 4, 3 (c), of the statute of the International Tribunal for the Former Yugoslavia, and article 2, 3 (c), of the statute of the International Criminal Tribunal for Rwanda. Incitement to commit genocide has historically been justified as a criminal offence owing to the particularly reprehensible nature of genocide as "the crime of crimes". Indeed, the International Criminal Tribunal for Rwanda has repeatedly underscored the "utmost gravity" of the crime of direct and public incitement to genocide, and has stressed that the media as a key tool used by extremists in Rwanda to mobilize and incite the population to genocide, a view which led it to deny an application by Georges Ruggiu for early release.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 35
- Paragraph text
- The obligation to respect means that States must refrain from interfering with individuals' enjoyment of rights. While article 19(3) of the International Covenant on Civil and Political Rights permits States to impose certain limitations on the right to freedom of expression, the Special Rapporteur is concerned that, all too often, States invoke this provision to justify undue interference with journalists' right to freedom of expression to prevent them from exposing corruption or misconduct by the Government or powerful private entities, or from reporting on other politically sensitive issues. Even though such limitations may be provided by law as required by article 19(3), in many cases the provisions are vague and ambiguous and are accompanied by harsh sentences, including imprisonment, and disproportionate fines. The Special Rapporteur would like to remind States that limitations on the right to freedom of expression must be the exception, rather than the rule. Further details regarding the criteria which must be met when States attempt to limit the right to freedom of expression are set out in the Special Rapporteur's most recent report to the Human Rights Council.
- 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
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Access to information in international organizations 2017, para. 23
- Paragraph text
- Sixteen institutions made submissions for the compilation of the present report, which I supplemented with interviews and consultations. Despite extensive outreach, dozens of intergovernmental organizations and agencies within the United Nations system did not respond to the mandate’s call for submission. I was particularly disappointed not to receive a submission from the Secretariat of the United Nations Headquarters in New York. While organizations that did not make any submission may have some kind of access-to-information policy in place, 10 organizations that made submissions have formal access-to-information, disclosure or transparency policies; two are currently drafting policies; one does not have a formal access-to-information policy but provides access through an array of its policies; and three do not have any information access policies. Based on research, it appears that most international organizations lack binding policies to protect and promote the right of access to information. Put another way, based on my research, with a few notable exceptions, intergovernmental organizations have failed to create mechanisms that can penetrate their opacity and enable easy access to their operations. Most egregiously, the United Nations does not have an access-to-information policy that applies to every department and specialized agency; it does not even have ad hoc standards for response to access-to-information requests.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The role of digital access providers 2017, para. 52
- Paragraph text
- Due diligence processes enable a digital access provider to identify, prevent and mitigate the human rights impacts of its activities (see A/HRC/17/31, annex, principle 19). While one-size-fits-all due diligence approaches are neither possible nor advisable, human rights impact assessments provide a means of assessing and addressing risks to freedom of expression and privacy. Due diligence involves at least the following.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph