--
Walter Keim, 19. September 2013
Netizen: http://walter.keim.googlepages.com

Knowledge 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

However both national authorities and NGOs, regional ( EU, CoE, OSCE ) and global mechanisms (CCPR, OHCHR) did not support access to information and anticorruption in Germany.

Germany invited civil society to discuss the report. Since I am in Norway, I applied for access of the draft report, which was discussed. However after waiting 3 month I did not yet get the report. I see that the contribution of the Baltic Sea NGO Forum has been ignored, but due to the 3 month time to decide on the application I can not see the influence of other civil society contributions.

--
--
Walter Keim
Netizen: http://walter.keim.googlepages.com
Access to Information Baltic Sea NGO Forum: http://BSNF-ATI.tk/
UN Universal Periodic Review (UPR):
http://wkeim.bplaced.net/files/foi-upr-de.htm
Will CoE Support the Human Right of Access to Information
in Germany? http://t.co/AavLgnOnz2
Is it possible to enforce access to information in Bavaria?
http://wkeim.bplaced.net/files/enforce_access_to_information.html

1. Access to information is a human right according to UN: https://www.right2info.org/international-standards#section-1
2. Access to information in ECHR: https://www.right2info.org/international-standards#section-5
   
3. 2004 Joint Declaration by the Three Special Mandates for Protecting Freedom of Expression: http://merlin.obs.coe.int/iris/2005/2/article1
4. "General Comment No. 34 on Article 19 of the ICCPR": http://www2.ohchr.org/english/bodies/hrc/comments.htm
   
5. Complains to UN Human Rights Committee: http://right2info.org/cases#section-6
   
6. Jurisdiction European Court of Human Rights (ECtHR): http://right2info.org/cases#section-2
7. OSCE, April 2012: COMMENTS ON THE DRAFT LAW ON TRANSPARENCY, ACCESS TO INFORMATION AND GOOD GOVERNANCE OF SPAIN: http://www.osce.org/fom/89577: "International documents (...) state that access to information is a fundamental human right and an essential condition for all democratic societies."
8. Universal Periodic Review (UPR):
   http://wkeim.bplaced.net/files/foi-upr-de.htm
   

Result:

• "123.22: Ratify the United Nations Convention against Corruption (Austria);(Article 5, 7, 10, 12 and 13 are about ATI in various fields.) [UNCAC mentioned in Baltic Sea NGO Forum Submission]
• 123.28: Withdraw all reservations to human rights instruments to which Germany is a party, first of all, to the International Covenant on Civil and Political Rights (Russian Federation); [2]
  
• 123.42: Align its national legislation with international human rights standards (Iraq); [indirect 1, 3, approx. 5]
  
• 123.46: Expand the mandate of the German Institute for Human Rights to receiving complaints of human rights violations (India); [7]
  
• 123.49: Secure proper follow-up to the accepted recommendation from the first UPR cycle and introduce tools that will improve the effective judicial control over the administrative decisions of the Office of Youth called Jugendamt (Poland); [approx. 5]
  
• 123.145. Introduce independent and effective legal and professional supervision of the Youth Office (Jugendamt) and ensure that the Jugendamt decisions be in conformity with binding international norms, including the rulings of the European Court of Human Rights (Turkey); [approx. 3, approx. 4]
  
• 123.169. Federal and State Governments, in consultation with civil society, broaden and intensify existing human rights training in schools as well as the routine training of police, security, prison and health personnel, and set up a monitoring and evaluation mechanism to assess progress (United Kingdom of Great Britain and Northern Ireland);" [4]

• 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 judicial review."
• 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 Rights."
• 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."