auf Deutsch: http://home.broadpark.no/~wkeim/files/ifg-5-laender.htm UN, OSCE and AOS joint statement of 6. December 2004
auf Deutsch: http://home.broadpark.no/~wkeim/files/ifg-5-laender.htm
Walter Keim, Email: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, summer 2008
To Parliaments and Governments in local states (Bundesländer) in
Germany
Hesse,
Lower Saxony,
Saxony,
Bavaria
and Baden-Württemberg.
Copy: EU Commission,
EU Parliament, EU
Council, Council of
Europe, OECD, PACE,
IHF,
OSCE, ECHR
and UN
Realization of the Human Right of Freedom of Information
failed in 5 German Local States
Sir/Madam,
Freedom of Information also called access to public documents is an essential aspect of transparency which is itself an essential part of democracy. This citizens right is found in more then 75 states all over the world, many of which consider it as a basic right based on their constitution.
More than 3,5 billion in more then 80 states people benefit from transparency of administration in Europe, (North- and Middle-)America, Australia, Japan, India, Indonesia and China. In Europe transparency of administration is basically only missing in Belarus and Russia.
In Germany Freedom of Information was first introduced 1998 in Brandenburg, 1999 in Berlin, 2000 in Schleswig-Holstein and 2002 in North Rhine-Westphalia. A federal law was introduced 2006.
I autumn 2005 I wrote a petition to 12 German states without FOI laws. 4 German states i. e. Bremen, Hamburg, Mecklenburg-Western Pomerania and Saarland adopted FOI laws in 2006. Thuringia adopted a FOI law in 2007. In 2008 Saxony-Anhalt and Rhineland-Palatinate followed.
However Germany is in 5 of 16 states up to now the only major country in EU, Europe, OSCE, OECD and developed civilized countries without Freedom of Information. Therefore approx. 50 % of the population in Germany lack Freedom of Information in communities, counties and local states.
Article 10 of the European Convention on Human Rights includes Freedom of opinion and Freedom of Information. In 1981 the Council of Europe gave "Recommendation No. R (81) 19" on the access to information held by public authorities. A new Recommendation Rec(2002)2 was adopted 2002. 10. July 2006 the ECHR decides in case Sdruženi Jihoceské Matky v. Czech Republic, Application no. 19101/03 that Access to information is admissible. The Sdruženi Court recognized an independent Article 10 right to receive documents held by public authorities, which does not rely on any other Convention rights or interests. 11. April 2006 the ECHR decides in case GERAGUYN KHORHURD PATGAMAVORAKAN AKUMB v. ARMENIA Application no. 11721/04 to communicate the freedom to receive information to Armenia.
The STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH) of the Council of Europe CDDH is working with Project 2004/DG2/74 “Guaranteeing the right of the public to have access to official documents” to give a binding convention in 2008.
The Commissioner for Human Rights, Thomas Hammarberg, visited Germany, 9 – 11 and 15 – 20 October 2006 and suggested to strengthen human rights in Germany (Appendix E).
In addition I would like to emphasize that the right to information is part of the right to freedom of expression, which is confirmed by international human rights treaties, specifically by the International Pact of Civil and Political Rights (article 19), and the Universal Declaration of Human rights (article 19), all of them ratified by Germany and incorporated into German law. German states violate this pact.
All over Europe access to public documents was adopted on the basis of recommendation 81 (19) of CoE of the year 1981. German local states fell back Balkan states European standards of citizen rights had no chance in 5 German local states.
The Charter of Fundamental Rights of the EU gives Freedom of Information in Article 42, access to documents in Article 41 (2), the right to complain in Article 43 (Ombudsman) and the right to fair answers within reasonable time in Article 41 (1).
UN, OSCE and AOS confirm in their joint statement of 6. December 2004, that Freedom of Information is a human right:
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.
All over Europe e. g. in Nordrhein-Westfalen (2001 with votes of all parties also the conservative CDU), Turkey (2003), Switzerland (2004), Serbia (2004), Hamburg (2006), Bremen (2006), Saarland (2006) and Rhineland-Palatinate (2008) all parties contributed to laws which have been approved without votes against Freedom of Information.
However the German states Bremen, Mecklenburg-Pomerania, Saarland and Saxony-Anhalt gave FOI laws with a time limit, i.e. the citizen right ceases after 5 to 6 years.
The parliaments and governments of the German local states (lander) in Saxony, Hesse, Bavaria, Lower Saxony and Baden-Württemberg failed to realize the citizen and human right of Freedom of Information. These German local states are of the last major countries in Europe and the civilized world without Freedom of information, falling back the international development in civilized states and falling back bananas republics being last of all.
Sincerely,
Walter Keim
Netizen: http://sites.google.com/site/walterkeim/
Copy: Fundamental Rights Agency, German press council, OHCHR-UNOG G/SO 215/51 GERM ES, EU Commission, EU Parliament, EU Council, Council of Europe, OSCE, OECD, PACE and UN
Appendix:
Development:
In 2007 the government in Saxony-Anhalt suggested a FOI law to parliaments. The government of Rhineland-Palatinate is working on a FOI-law.
Material: Bremen, Hamburg, Mecklenburg-Western Pomerania and Saarland adopted 2006 FOI laws. 2007 Thuringia adopted a FOI law. In 2008 Saxony-Anhalt and Rhineland-Palatinate followed. Altogether 11 states enacted FOI laws.
Summary 2011: More then 115 states with more then 5,3 billion inhabitants adopted FOI laws or provisions in constitutions. 5 German states with half of the population lack FOI laws.
[Walter Keim v. Germany] [Freedom of Information] [Petitions] [FOI as Constitutional Right] [Constitutional complaint] [Administrative court case] [Human rights] [Homepage]
Colours on picture: dark green: FOIA enacted. Yellow: pending law. FOIA= Freedom of Information Act
