"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." Joint Declaration
by the UN, ODCE and OAS Special Mandates for Protecting Freedom of Expression
Walter Keim, Email: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, den 30. August 2012
EU Fundamental Rights Agency (FRA)
Rahlgasse 3
A-1060 Vienna
Austria
Copy: UN Special Rapporteur freedom of opinion
and expression, OSCE, PACE, EU Parliament (Petition No.
0748/2012): GRECO (CoE) failed to uphold human rights and
democratic standards, therefore the EUP has to do it
5 German states fail to respect human right of access to information,
found for 84% of the worlds population
Madam/Sir,
thank you for your answer 29. March 2007
about the lack of access to information in Germany.
FRA rejected 29. March 2007 to support access to information in EU member
states:
The European Commission and/or the Council of Europe play
a role in the human rights field. The European Commission is empowered
to deal with breaches of Community law in relation to fundamental
rights, while the Council of Europe has well established human rights
mechanisms.
Please find enclosed that the Council of Europe's unit GRECO "well
established mechanisms" failed to secure the human right of access
to information necessary in a democratic society [A].
The Council of Europe has been informed, that the EU Commission, EU
Parliament and EU Fundamental Rights Agency do not support access to
information rights in member states [B].
5 out of 16 German Federal States, with more then half of the German
population lack a general operational access to information laws or
constitutional protection regime, which is found for 84% of the world
population.
Are fundamental rights standards for access to information for EU member
states so low that a member EU state lacks respect of a human right enjoyed
by 5.9 Billion inhabitants 84 % of the worlds population?
In addition the federal Freedom of Information law in Germany is not in line
with European, international and democratic standards. 5.5 Billion people i
e. 78 % of the worlds population have better laws.
Access to documents of public administration is a human right according to
the International Covenant on Civil and Political Rights (ICCPR) [1, 4,
5] and jurisdiction
of the European Court of Human Rights (ECtHR) [6] on
the basis of the European Convention for Human Rights (ECHR) [2]
and is seen as a precondition for democracy and important in the fight of
corruption. OSCE supports access to information [11].
UN, OSCE and AOS confirm in their Joint Declaration by the Three Special
Mandates for Protecting Freedom of Expression 6. December 2004,
that Access to Information is a human right [3]:
"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."
Germany does not respect this human right and has problems with corruption
prevention:
84 states with approx. 5.5
billion [10, 11] inhabitants i. e. 78 % of the worlds population
give better access to information then the federal Freedom of
Information Law in Germany (http://www.rti-rating.org/country-data/).
more than 115 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
laws.
Germany did not ratify the Criminal Law Convention on Corruption and
does not follow Recommendation Rec(2003)4 on common rules against
corruption in the funding of political parties and electoral campaigns
of the Council of Europe as GRECO (Group of States against Corruption)
suggested 9 December 2009.
Germany's answer 29. June 2012 shows that no progress has been made [A, B].
Germany is the only state in Europe which has not ratified any of
these to conventions against corruption.
This embarrassing situation is due to the German press not informing
citizens and the public about this situation [7]
and therefore many citizens still vote for the conservative party CDU/CSU,
the only party in the civilized world denying its citizens the fundamental
human right of access to information necessary for a living democracy [8].
It is obvious that this denial of a fundamental human right is a misuse of
national sovereignty unknown in other democracies worldwide.
Article 2 of the Treaty on European Union reads:
"The Union is founded on the values of respect for human
dignity, freedom, democracy, equality, the rule of law and respect for
human rights, including the rights of persons belonging to minorities."
When will EU take human rights and democracy in member states seriously? When
will the "guarantee for the principles of democracy and respect for human
rights" according to Com
2002/0247and COM(2005)280
become reality? Will the EU Fundamental Rights Agency really continue
to accept the violation of the human right of access to information in
member state Germany? A human right necessary and respected in all other
democracies.
Deutsch über gleiches Thema: http://wkeim.bplaced.net/files/1208greco.htm