UN Panel Revises Draft Comment on Article 19

8 April 2011

The United Nations Human Rights Committee endorsed the proactive disclosure of information recently as it made a few changes to the freedom of information section of its proposed General Comment 34 on the Article 19.  

Detailed notes on the three committee sessions, held in New York City March 18-24, were prepared by the Tashmin Ali and Sarah Montgomery for the Open Society Justice Initiative.

The committee completed its second reading of paragraphs 1-24 of its new 54-paragraph General Comment 34, and will continue deliberations at its next meeting, in July.  The committee’s work included paragraphs 18-20, on the right to access to information, which survived an effort by Norway and Germany to delete them, according to the notes.

The committee last fall sought public comments on its proposed Draft General Comment No. 34,  which provides a detailed examination of the scope and implications of Article 19, providing for the right to freedom of expression.  It will replace General Comment No. 10, also on Article 19, which was adopted by the committee in 1983.  (See previous FreedomInfo.org report.)

The committee at its March meeting made a number of modifications, the notes indicate, including:

–          Clarifying which public bodies are covered by referring to an inclusive definition in another section of the draft comment.

–          Agreeing that states must provide for appeals from failures to respond to requests as well as from explicit refusals.

–          Adding the word “prompt” to the following requirement:  “States parties should make every effort to ensure prompt, easy, effective and practical access to state-controlled information in the public domain.”

–          Putting a sentence at the beginning of Paragraph 20 on proactive disclosure:  “State parties should proactively put in the public domain information about government functions as well as other information of public interest.”

–          Accepting a suggestion by Canada and Australia to replace “rapid” with “timely” vis-à-vis the processing of information requests.

–          Altering language on fees to avoid governments charging fees without actually providing the information to requesters.

The committee decided against adding language on leaks by whistleblowers.

In a related modification earlier in the document, the committee added paragraph 2(b), proposed by Nigel Rodley of the United Kingdom, stating:

“Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”

New media is referenced in another addition, drafted by the General Comment’s Rapporteur Michael O’Flaherty (Ireland), stating:

“State parties should take account of the extent to which developments in information and communication technologies, such as internet and mobile based electronic information dissemination systems, have substantially changed communication practices around the world. There is now a global network to exchange ideas and opinions that does not necessarily rely on the traditional mass media intermediaries. State parties should take all necessary steps to foster the independence of these new media and to ensure access of individuals thereto.”

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