|Emne: RE: 5 German states fail to respect human right of access to information, found for 84% of the worlds population|
|Fra: "EU Agency for Fundamental Rights (FRA)" <INFO@fra.europa.eu>|
|Dato: 16/04/2013 13:00|
|Til: Walter Keim <firstname.lastname@example.org>|
Dear Mr Keim,
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will forever govern ignorance, and a people who mean to be their
own governors, must arm themselves with the power knowledge gives.
A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both.
-- James Madison --
Walter Keim, Email:
Torshaugv. 2 C
N-7020 Trondheim, 31. March 2013
Secretary General Thorbjørn Jagland,
Council of Europe
Avenue de l'Europe
F-67075 Strasbourg Cedex
Copy: Commissioner of Human Rights CoE, EU Commission, President of Federal Republic of Germany, President of Bundestag Lammert, Chancellor Merkel
What can be done to improve the human right of access to public documents, transparency and fight against corruption in Germany?
Dear Mr. Jagland,
German national authorities,
Commissioner for Human Rights, ECHR, OSCE
HRC did not help. Therefore I would like to draw your attention
to access to public information (ATI) in Germany.
Therefore it is necessary that CoE supports ATI in Germany using its possibilities.
The human right of access to public documents (International Covenant on Civil and Political Rights, European Covention of Human Rights) is recognized as precondition for democracy and essential in the fight against corruption.
10 years ago development showed (Appendix G:
Will Germany abandon Freedom of Information? Appendix H:
Banana Republic Germany), that Germany was least developed in
Many petitions and complaints to German authorities (government, administration, parliaments, courts, NGOs) 2001 to 2012 did not help
Now many countries outside Europe are more advanced then Germany looking at freedom of information, transparency and fight of corruption.
concludes 29. December 2011 in report Greco RC-III (2011) 9E that
Germany has implemented or satisfactorily dealt with only four of
the twenty recommendations contained in the Third Round Evaluation
Report (Appendix 3). Germany reported 29. June 2012 at the
latest that no progress was made. Therefore GRECO submitted 28. Nov.
2012 the Non-Compliance Greco RC-III (2012) 15E.
Germany has to improve the federal FOI law, adopt FOI laws in 5 federal states (Bundesländer), ratify CoE and UN conventions against corruption and improve transparency of sideline jobs for members of parliaments and funding of political parties to catch up with other states in Baltic Sea, Europe, America, OSCE, OECD and WTO (see weakness no. 2, 3, 4, 8, 34, 35 and 52 of National Integrity Report by Transparency Germany).
The documentation that access to public documents is a human right has become stronger:
"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 federal FOI law violates the principle of maximum disclosure. 5 federal states violate the human right of access to public documents. i. e. no FOI law is adopted.
"18. Article 19, paragraph 2
embraces a general right of access to information held by public
bodies. Such information includes all records held by a public
body, regardless of the form in which the information is stored,
its source and the date of production."
"19. (...) 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 UN Human Rights Committee decided that the International Covenant on Civil and Political Rights (ICCPR) Article 19 (3) recognizes the right of individuals and the media to receive state-held information without requiring a demonstration of direct interest (Appendix L).
The European Court of Human Rights recognizes the human right of access to public documents (Appendix M).
The CoE Human Rights Commissioner suggested to
educate administration and judges in international law and human
E). The refusal to give access to the reason of Bavaria not to
follow these suggestions (Appendix
F), shows that this suggestion is important.
In the context of the 106th CCPR session HRC (Human Right Committee) did not observe that the human right of access to public documents is violated in Germany
"Parlamentwatch" offers a possibility to ask questions to members of parliament. Unfortunately only a minority of the political parties in the federal parliament and federal states were willing to strengthen transparency and anti-corruption (Appendix O).
Germany is the only country ignoring the demand of the first Baltic Sea NGO Forum to adopt the human right of access to public documents (Appendix N).
Germany violates international human right standards. I ask you to help Germany to catch up with transparency and anti-corruption norms in the other European states.
European Commissioner for home affairs (EU
COM(2011) 308: Fighting
Corruption in the EU),
OECD, The European Union Agency for Fundamental Rights (FRA), German Institute for Human Rights,
Menschenrechtszentrum, BMJ, Lehrstuhl für Menschenrechtsbildung, Menschenrechtsbeauftragter
der Bundesregierung, Ausschuss
für Menschenrechte und Humanitäre Hilfe,
UN Universal Periodic Review (UPR):
Will OSCE Support the Human Right of Access to Information
in Germany by Commenting ATI Laws: http://t.co/GmQy9V0U
Is it possible to enforce access to information in Bavaria?