Ähnlicher Stoff auf Deutsch: http://wkeim.bplaced.net/files/de_menschenrechte.htm
Walter Keim, E-mail: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, 16. August 2004
United
Nations High Commissioner for Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
CH-1211 Geneva 10, Switzerland
Dear Madam Commissioner for Human Rights,
I would like to draw your attention to my letter of 27 February 2004, which has not been answered.
Meanwhile the session http://www2.ohchr.org/english/bodies/hrc/hrcs80.htm of Human Rights Committee 16 March to 3 April 2004 did not follow up the commitment of the Special Rapporteur to Freedom of Information.
Article 19 paragraph 2 (Freedom of information) of the ICCPR ( International Covenant on Civil and Political Rights) gives the freedom "to seek ... information". According to the Special Rapporteur clearly the right to seek information includes access to information held by public authorities, as the following excerpt from his report, in 1999 (UN Doc. E/CN.4/1999/64, para. 12), illustrates:
"[T]he Special Rapporteur expresses again his view, and emphasizes, that everyone has the right to seek, receive and impart information and that this imposes a positive obligation on States to ensure access to information, particularly with regard to information held by Government in all types of storage and retrieval systems - including film, microfiche, electronic capacities, video and photographs - subject only to such restrictions as referred to in article 19, paragraph 3, of the International Covenant on Civil and Political Rights."
According to ARTICLE19 Freedom of Information is widely recognized as human right: http://www.juridicas.unam.mx/publica/rev/comlawj/cont/1/cts/cts3.htm.
The governments of Switzerland: http://www.ofj.admin.ch/bj/de/home/themen/staat_und_buerger/gesetzgebung/oeffentlichkeitsprinzip.html, Serbia http://www.yumediacenter.com/english/mom/2003/7/m280703e.html#vest1 and Montenegro have sent draft Freedom of Information laws to parliament. Germany (in 12 of 16 Länder) and Luxembourg are now competing to be the last in Europe regarding Freedom of Information.
Article 2 paragraph 2 and 3 of the ICCPR binds states and gives citizens rights for remedies:
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
Germany violates its obligation to adopt laws and gives no remedies.
I am looking forward to your answer.
Yours sincerely,
Walter Keim
Human Right violations in Germany: http://wkeim.bplaced.net/files/de_human_rights.htm
Support freedom of information: http://wkeim.bplaced.net/foi.htm#e-mail, http://wkeim.bplaced.net/petition_un.htm, http://wkeim.bplaced.net/petition_eu.htm
Who is responsible for the lack of freedom of information: http://wkeim.bplaced.net/I_accuse.htm
Support patients rights: http://wkeim.bplaced.net/patients.htm#e-mail
Enclosure:
Visitor No.
since 13. November 2003
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