However Germany does not follow this
authorities, regional ( EU,
CoE, OSCE )
and global mechanisms (HRC: CCPR)
- 88 states with
billion inhabitants i. e. 78% of the world population give
better access to information then the federal Freedom of Information
Law in Germany (http://www.rti-rating.org/country-data/).
- More then 120 states (http://right2info.org/laws) with
more then 5.9 billion inhabitants i.
e. 84 % of the worlds population adopted FOI laws or provisions in
constitutions. 5 German states with half of the population lack FOI
- The UN Convention against Corruption is ratified by more then 159
states with more then 6,5 billion inhabitants, but not by Germany
did not support access to information and anticorruption in Germany.
Since 2001 I tried to make national authorities in Germany (government
aware of the human right of access to information  However only the Pirate
seems to take note of this in Germany.
for Fundamental Rights
) , Council of
for Human Rights
, ECHR, GRECO) [3,4], International
Helsinki Federation for Human Rights (IHF)
, and OSCE
 did not help.
(States against Corruption) and HRC
(UN Human Rights Committee)  did not support the human right of access
UN "Summary of stakeholders' information" of Canada report A/HRC/WG.6/16/CAN/3
mentions access to information: "54.Joint submission 4 (JS4) referred to
shortcomings in Canada’s law and policy regarding freedom of expression.
JS4 recommended Canada (...) repeal Sections 299-304 of the Criminal Code,
which criminalize defamation, bring the Access to Information Act in line
with international standards; and recognize a freestanding constitutional
right to information."
There are 269
(Accessed January 2013) on "Access to Information" in the UPR-Info.org
e. g. freedom
of information laws
are mentioned for Canada
and the REPUBLIC
(submitted by ARTICLE 19). UNESCO
has recommended Freedom of Information laws to all states reviewed during
the 16. UPR session. Austria recommended to Bahrain (A/HRC/WG.6/13/L.4
"Enact a progressive, substantive Freedom of Information law". Djibouti
got same suggestion.
Will the UN Universal Periodic Review (UPR)
 support access to
information in Germany?
Does anyone have positive experiences with UPR?
UN-Menschenrechtsausschuss: Deutsche Informationsfreiheits-
gesetze in der Kritik: http://t.co/vxdoGCuf
Is it possible to enforce access to information in Bavaria?
- Many petitions and complaints to Germany
authorities (government, administration, parliaments,
2001 to 2012 did not help: http://home.broadpark.no/~wkeim/files/foi-de.htm
- 1. September 2012: EU does not Support the Human Right of Access to
Public Documents in member states: http://home.broadpark.no/~wkeim/files/foi-eu.htm
- 24. August 2012: GRECO failed in Second Evaluation Round and must
therefore do better in Third Round : http://home.broadpark.no/~wkeim/files/foi-greco.htm
- 7. November 2012: Will OSCE Support the Human
Right of Access to Public Documents?
- 31. March 2013: CoE failed to support ATI
in Germany: http://home.broadpark.no/~wkeim/files/foi-coe.htm
- In the context of the 106th
CCPR session Human Rights Committee (HRC) did not observe
that the human right of access to public documents is violated in
- Will the UN Universal Periodic Review (UPR) help?: http://home.broadpark.no/~wkeim/files/foi-upr-de.htm
of the German Government 11. September 2013: Germany is accepting:
but what will be done?
- There are 269
hits (Accessed January 2013) on "Access to Information" law in
database e. g. freedom of information laws are mentioned for Canada,
Uzbekistan, and the REPUBLIC
OF DJIBOUTI (submitted by ARTICLE 19).
- 28. April 2013: The UNESCO submission
mentions Freedom of Information laws and decriminalisation of
Conclusion: Germany accepts, but will do nothing, basically because of
the pretension that "standards are high enough".
- 124.22: "Accepted. Before ratifying the United Nations Convention
against Corruption, an adaptation of the legislation regarding the
criminal offence of bribery of members of parliament is needed. A
corresponding draft legislative bill should be submitted by members
of the German Bundestag."
- 124.28: (Withdraw reservations e. g. ICCCP): "Accepted. Legal
regulations and their implementation already comply with
international standards and norms. "
- 124.42: (Align its national legislation with international human
rights standards): "Accepted."
- 124.46: "Not accepted."
- 124.49: (control over Office of Youth): "Accepted. Already now it
is possible to subject decisions made by the Youth Welfare Office to
- 124.145: (supervision of Office of Youth)"Accepted. It is
already possible to have decisions taken by the Youth Welfare Office
examined by a court to verify their compliance with applicable
German law and also with the European Court of Human Rights’ rulings
with regard to the provisions of the European Convention on Human
- 124.169: "Accepted. Human rights education is embedded in state
school curriculums. It is constantly reviewed, as is human rights
basic and further training in the Federal Police. Additional
monitoring is not necessary."
Germany has to improve the federal FOI law, adopt FOI laws in 5 local
states (Bundesländer), ratify COE and UN conventions against corruption
and improve transparency of funding of political parties to catch up with
Europe, America, OSCE, OECD and BRIC states (see weakness
no. 2, 3, 4, 8, 34, 35 and 52 of National Integrity Report Transparency
Who will support Germany?:
Who will support transparency in Germany: http://home.broadpark.no/~wkeim/foi-ngo.htm
Information] [Petitions] [Human rights] [Homepage]
Colours on picture: dark green: FOIA enacted. Yellow: pending
law. FOIA= Freedom of Information Act