5. October 2002: 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 and developed countries all over the world. Germany is (in federal agencies and 12 of 16 local Lander) 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?

I accuse:

the minister of interior Otto Schily, because he just proposed a draft law and did not finish the process because the administration had objections. (Revolt of the red tapes: "Aufstand der Amtsschimmel". See magazine "Zeit": http://www.zeit.de/2002/15/Aufstand_der_Amtsschimmel)
The ministers of the German federal cabinet, because they did not propose a law to parliament.
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.
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").
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 Right of access to documents (Article 42) and the Right to good administration (Article 41), i. e. answer fairly within a reasonable time. The administration has the obligation to give reasons for its decisions. German administration 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/files/011223fischer.htm. No reason is given.
The constitutional court refused to process the complaint http://wkeim.bplaced.net/v-klage_en.htm 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)
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".)
The lame ducks of the Council of Europe, who just look at the rapid progress of freedom of information in Europe but do 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).
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?

Questions:

Will the petition on freedom of information: http://wkeim.bplaced.net/petition_ifg.htm be answered? Will civil rights be more important than objections of the "administration". Will this petition at least be send over to the government?

Will the United Nations do, what they promise: To promote freedom of information as human right: http://wkeim.bplaced.net/petition_un.htm?

As EU-Citizen I would like to ask: How long will the EU Commission and the the European Parliament (Courrier du Citoyen) look at that my human right of freedom of information is violated. In other countries in Europe this is respected. I become a second class citizen travelling to Germany.

Will the European Convention solve this problem? According to Com 2002/0247 the "Union must build up an EU-wide area of freedom, security and justice" with "guarantee for the principles of democracy and respect for human rights". How long will EU tolerate member states not respecting human rights?.

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

Visitor No. since 16. May 2002

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