auf Deutsch
Who is responsible for the lack
of Freedom of Information (FOI) in Germany?
19. May 2005: This
Internet publication is a "hearing": Please send
comments to: walter.keim@gmail.com.
Have I forgotten somebody on the list below?
The human right of
Freedom of Information is found overall in the EU, in
Europe, OECD
and developed countries all over the
world. Germany is in federal agencies one of the last
European countries to adopt FOI. In 12 of
16 local Lander FOI is missing, nearly the only exception in
Europe. As EU citizen I have this right towards EU institutions,
according to the EU
Charter of Fundamental Rights (Article 42: Right of access to
documents). Why not in Germany? Why is Germany the last major
country in Europe to adopt Freedom of Information?
I accuse:
- the minister of
interior Otto Schily, because he just proposed a draft
law in 2001 and did not finish the process because
the administration had objections. Freedom of Information
is promised since 1998, but no proposal made to the
parliament. (Revolt of the red tapes: "Aufstand der
Amtsschimmel". See magazine "Zeit": http://www.zeit.de/2002/15/Aufstand_der_Amtsschimmel).
Minister of Interior Schily failed to stop
the parliament to discuss a draft law 17. December
2004. In the discussion in parliament Schily supported
the doubt of the CDU/CSU opposition party. He supported
the revolt of bureaucracy (Aufstandes
der Amtsschimmel). I have written a letter to Schily
on 14. December 2004 and
asked, if he can guarantee to always be committed to the
human right of Freedom of Information.
- Chancellor Schröder received the
Petition 22.
December 2004 from the president of the German parliament,
which
supported Freedom of Information.
An answer should have been given within 6 weeks, but I did not
receive it up to now.
- The ministers of the German
federal cabinet did not propose a law to parliament,
saying this was because media
and citizens did not show enough interest.
- The government claims in its report on ICCPR: CCPR/C/DEU/2002/5
of 4 December 2002 in point 240 that Germany has
implemented Freedom of Information according to ICCPR
Article 19 (2). But this is wrong because access to
public documents is missing.
- The "bananas-minister"
for economy Müller because he stopped the coalition
parties, who tried to bring to parliament their own
law-proposal: http://www.heise.de/tp/deutsch/special/frei/12689/1.html.
This happened because chancellor Schröder obeyed the industry,
which did not want freedom of information: http://www.spiegel.de/spiegel/0,1518,200757,00.html.
Suggestion
for new guidelines.
- The federal parliament
Bundestag, because no
law is passed up to now: Nearly the only Parliament
in Europe not able to promote civil rights against
bureaucracy "Aufstand
der Amtsschimmel". The election 2002 gave a
majority to give freedom of information. Will the new
government follow up and the
parliament now give a law?
- The parliament (Landtag) of
Baden-Württemberg, because it was too avaricious to
give freedom of information: http://wkeim.bplaced.net/files/petition_bw_3.pdf
(much administration, not inconsiderable costs, "erheblicher
Verwaltungsaufwand, nicht unerhebliche Kosten").
- Parliaments and governments because they denied access to
documents. Answers to petition complaints never discussed
human rights questions. Therefore access to documents was
asked for, to study the communication between parliament
and ministries. Access was refused:
- The parliament, government and
administration denies Germans the right to get an answer
from the administration. EU
Charter of Fundamental Rights gives a right of access
to documents (Article 42) and the Right to good
administration (Article 41), i. e. answer fairly within a
reasonable time. German administration has no obligation
to give reasons for its decisions and does not give these
rights to its citizens. Suggestions to translate
recommendations of the Council of Europe on freedom of
information and patients rights have not been answered: http://wkeim.bplaced.net/020106coe.htm
and http://wkeim.bplaced.net/filer/011223fischer.htm.
No reason is given.
- The German parliament and
government because laws
from the Third Reich are still in force. The allies
declared Hitlers dictatorial government illegal, but
forgot to abolish
the laws Hitler made. Lawyers have a monopoly about
legal counselling according to the Law
on legal advice (Rechtsberatungsgesetz
from
1935). In those days the law was given to exclude
Jewish lawyers after they were expelled from the lawyers
chamber and prevent that they give free advice. This law
is challenged with help of a constitutional
complaint (amendment
of 5.May.2000) by a judge who was punished, because he
gave free legal advice to friends. A
Jew working for a volontary organisation for integrating
refugees was also punished,
because
of legal
advice to Jewish immigrants. A complaint at the European
Court of Human Rights was filed 13. November 2003. Consumers
rights are violated.
- The constitutional court
refused to process the complaint
http://wkeim.bplaced.net/v-klage_en.htm on
freedom of information without giving any reasons. The
acknowledgement of human rights is only on paper. The
acknowledgement of Article 1 (2) GG is not more then
lip service (Lippenbekenntnis).
Germany was condemned in the case Vogt
v. Deutschland ( - 7/1994/454/535 - EuGRZ 1995, 590 - )
to have violated Freedom of opinion by the European Court
of Human Rights. But Germany
does not respect this and tries to neglect this
verdict. International law is not given precedence, as
the constitution requires (Article
25 GG). The Fundamental
Right of the of the EU Charter, to get an answer
giving a reason (Article 41), is removed
by the constitutional court even for petitions.
- Franz Joseph Stauß-epigone chancellor candidate Stoiber, who is selling himself as
"man
of the center", without promoting freedom of
information, common for Europe: http://wkeim.bplaced.net/020508stoiber.htm.
(In Bavaria the administration is not
"transparent" but civil servants "are
transparent": As only land in Germany the secret
service ("Verfassungsschutz") is contacted
before civil servants are hired, as decided 1972 as part
of the "Radikalenerlass",
an act that produced the so-called "berufsverbote".)
Germany was condemned in the case Vogt
v. Deutschland ( - 7/1994/454/535 - EuGRZ 1995, 590 - )
to take back an offer of this policy by the European
Court of Human Rights. But Germany
does not respect this and tries to neglect this
verdict in other similar cases.
- The administrative court (Verwaltungsgericht)
did not promote an
"area
of freedom, security and justice" with a "guarantee
for the principles of democracy and respect for human
rights", which EU is building up according to Com
2002/0247. The
application was turned down violating the ICCPR.
- The German people, because it does
not through off "un-freedom" of information,
inherited from the authoritarian state of the past. The
acknowledgement of human rights Artikel
1 (2) GG is so far false. Voters (specially in the northern
part of Germany) elected September 2002 the coalition
parties who promised freedom of information. Will the
government and the parliament follow up the Coalition
Agreement of 2002?
- Summary for Germany: The
Legislative, Administrative und Judicative power does not
only not promote the human
rights (e. g. freedom of information), but pre-democratic
laws are
put higher than human rights, i. e. human
rights are violated.
The human right of freedom
of information is violated in the federal
republic and 12 of 16 Bundesländern: a UN
human right and basic
right of the Charter of the EU. When it
comes to Patients rights
the EU Charter and the European
Charter of Patients Rights is violated. What
kind of people are tolerating this, without (nearly)
anybody (but me) protesting? Am I the only real human
being in Germany?
International participants:
Positive contributions
Questions:
Will the hearing
of the German parliament 14. March 2005 contribute to
improvements?
I appreciate that OSCE
concentrates on access to public documents in 2005. Will the
monitoring of all OSCE
States including Germany:
http://wkeim.bplaced.net/files/osce-050106.htm give
positive results?
The Council of Europe, does so far not
contribute with conventions: http://wkeim.bplaced.net/020106coe.htm
only Recommendations
(1981) which Germany has ignored. (2002: http://cm.coe.int/stat/E/Public/2002/adopted_texts/recommendations/2002r2.htm).
Has the Council of Europe started to work with a
convention? Will
the Commissioner for Human Rights of the CoE promote Freedom of
Information? Here is a Survey
on FOI in Europe.
Will the United Nations do, what they promise: To promote
freedom of information as human right: http://wkeim.bplaced.net/petition_un.htm?
Obviously the Special Rapporteur is committed. But this
commitment of is so far not followed
up by the Petitions Unit. Will the Human
Rights Commissioner of the UN correct this and promote
Freedom of Information?
Will the international
public and community and organisations be silent about this development (ARTICLE19, EFIL)?
The Charter
of Fundamental Rights of the EU gives Freedom of Information
in Article 42, access to documents in Article 41 (2), the right
to complain in Article 43 (Ombudsman) and the right to answers
within reasonable time in Article 41 (1). The "European
Codex of god Administration" defines latest two months
to get an answer (Article 17). As EU-Citizen
I would like to ask: How long will the European Parliament (Courrier du Citoyen) look at that
the human right of freedom of information and other
fundamental rights of the EU Charter are violated. Article
6 1. of OF THE TREATY ON EUROPEAN UNION says:
"The Union is founded on the principles of liberty,
democracy, respect for human rights and fundamental freedoms, and
the rule of law, principles which are common to the Member
States." In other countries in Europe this is respected. I
become a second class citizen travelling to Germany. The petition is admissible and concludes:
Improving the protection of the rights and interests of citizens
of the Member States of the Union is listed in Article 2 as an
objective of the Union. (see page 7/173 doc. A5-0318/2000)
I refer to the "European Parliament resolution on the situation as
regards fundamental rights in the European Union (2000)
(2000/2231(INI))" document A5-0223/2001. Point 3 "(n)otes that it is the particular
responsibility of the European Parliament (by virtue of the role
conferred on it under the new Article
7(1) of the Treaty of Nice) and of its appropriate committee
to ensure (in cooperation with the national parliaments and the
parliaments of the candidate countries) that both the EU
institutions and the Member States uphold the rights set
out in the various Chapters of the Charter" The answer to
petition http://wkeim.bplaced.net/petition_eu.htm
supports fundamental rights, but no action is suggested. In this
draft report
2003/2237(INI), 9 March 2004 (Chapter KK), the EU
Parliament states: "The European Parliament notes that
in Germany there is no law ensuring access to documents of public
authorities at the national (i.e. federal) level and that only
four of the federal states have enacted such legislation".
Walter Keim
E-mail: walter.keim@gmail.com
Support freedom of information: http://wkeim.bplaced.net/foi.htm,
http://wkeim.bplaced.net/petition_un.htm,
http://wkeim.bplaced.net/v-klage_en.htm
Support patients rights: http://wkeim.bplaced.net/patients.htm#e-mail
Old versions: 0.1, 0.2, 0.3, 0.4.
Support Freedom of Information by
E-Mail to the European Commission and Council with a copy to the
European Parliament.
Freedom of Information came 1766 to
Sweden, 1951
to Finland, 1966
to den USA, 1970 to
Norway and 1985 to
Denmark In 1981 the Council of Europe gave "Recommendation
No. R (81) 19" on the access to information held by
public authorities. A new Recommendation
Rec(2002)2 was adopted 2002. Both EU and nearly all countries
in the EU and Europe adopted such laws. However citizen rights
vary and there are no minimum standards. In order to keep up with
the international development freedom of information should be
strengthened in EU member states. Here is a petition to the European Parliament.
Support Freedom of Information, by
the following E-Mail to the European Commission (click here):
I support the call to the
European Commission and Council for democratic and accountable
Freedom of Information laws on access to public documents in EU
and member states.
(You may change the text according to your needs).
Support FOI by E-Mail to the Federal
Government in Germany
Freedom of Information came 1951
to Finland, 1949 to
Sweden, 1966
to den USA, 1970 to
Norway and 1985 to
Denmark. In 1981 the Council of Europe gave "Recommendation
No. R (81) 19" on the access to information held by
public authorities. Germany is the only country in the EU without
such a law. In order to keep up with the international
development freedom of information should also be adopted in
Germany.
Support the German Freedom of Information Law, by
the following E-Mail to the German Government (click here):
I support the call to the
German Government for a democratic and accountable Freedom of
Information Law on access to public documents.
(You may change the text according to your needs).
Visitor No.
since 16. May 2002
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