Right to Information and Transparency
The resources on this Module explore the nature and extent of the right to information.The readings include standards on the right to access government held information, open court and open parliament.
The resources on this Module explore the nature and extent of the right to information.The readings include standards on the right to access government held information, open court and open parliament.
This guide, created by leading experts across a wide range of open government fields, compiles "the state of the art in transparency, accountability and citizen participation across 16 areas of governance, ranging from broad categories such as access to information, service delivery and budgeting to more specific sectors such as forestry, procurement and climate finance. Each expert’s contribution is organized according to three tiers of potential commitments around open government for any given sector—minimal steps for countries starting from a relatively low baseline, more substantial steps for countries that have already made moderate progress, and most ambitious steps for countries that are advanced performers on open government." This guide was published by the Transparency and Accountability Initiative with the aim of helping governments that are participating in the Open Government Partnership to understand international best practice for promoting transparency and accountability.
Transparency and Accountability Initiative. A guide to Best Practice in Transparency, Accountability and Civic Engagement Across the Public Sector. July 2011.
"As human rights, the right to information and the right to health are inextricably connected. This ARTICLE 19 policy brief examines the policy implications of states’ international human rights obligations relating to the two rights. The brief sets out the relationship between the right to information and the right to health, specifically examining how the right to information is relevant to the right to health; it examines the international legal frameworks on the right to information and the right to health respectively; it highlights the nexus between these rights in practice, identifying key features of a legal and policy framework and recommendations for the promotion of the right to health through the right to information which states should establish; it identifies particular issues concerning the protection of maternal health and, finally, it concludes with a set of recommendations directed at state and nonstate actors on the protection of the right to information and the right to health."
Parmar, Sejal, and David Banisar. A healthy knowledge: right to information and the right to health. Nairobi, Kenya: Article 19 Kenya/Eastern Africa, 2012. https://www.article19.org/data/files/medialibrary/3452/12-09-12-POLICY-right-to-health-WEB.pdf
This chapter addresses the thesis that under any circumstances, but especially in processes of transition to democracy, victims and their relatives have the right to know information related to serious violations of human rights contained in the State's archives. In addition, while explaining the different state obligations, it discusses the incorporation of those international standards in the case Gomes Lund et al (Guerrilha do Araguaia). v. Brazil issued by the Inter-American Court.
OAS, IACmHR, Special Rapporteur for Freedom of Expression, Catalina Botero. Access to Information on Human Rights Violations. OEA/Ser.L/V/II. Doc. 5. 4 March 2011.
The report "endeavors to offer an initial account of the challenges faced by women in the Americas in adequately accessing State-controlled information on violence and discrimination. At the same time, it seeks to systematize the international standards that have been developed in the Inter-American system on this subject, and to identify good practices in the region with regard to the application of and compliance with those standards."
OAS, IACmHR. Access to Information, Violence against Women, and the Administration of Justice. OAS/Ser.L/V/II.154 Doc. 19. 27 March 2015
“The surge of access to information (ATI) laws reached 126 worldwide by the end of 2019. This Report explores recent developments in regard to the laws and their implementation, covering evolving international standards, models for implementation bodies, and new digital challenges and opportunities. In order to understand the drivers of change, the Report examines trendsetting activities within UNESCO, the Sustainable Development Agenda, the Universal Periodic Review, the Open Government Partnership, and the standard-setting work of regional intergovernmental organizations and national oversight bodies. The research also draws on unique UNESCO surveys and analysis of Voluntary National Reports presented at the United Nation’s High-level Political Forum. The research shows how Sustainable Development Goal 16.10 offers a new opportunity for advancing ATI.”
UNESCO. “Access to Information: A New Promise for Sustainable Development”. 2019. https://unesdoc.unesco.org/ark:/48223/pf0000371485.
"This article will present the profound and real changes that took place in Africa, specifically in the areas of press freedom and free speech, particularly in the 1990s, but will argue that there remain much unfinished business and many unfulfilled promises, including stalled legal reform, limited media pluralism, and a lack of political will to move from the rhetoric of transparency to its reality. It is in this context that a global human rights recession has struck. This article will show that the observed global human rights setback applies with equal force to Africa. The setback has not necessarily been greater in Africa than elsewhere, but neither has it been less visible or less marked. In fact, in an environment characterized by weak political institutions and a nascent, and thus fragile democratization process, it is probable that this setback will take longer to reverse."
Callamard, Agnès. "Accountability, Transparency, and Freedom of Expression in Africa." Social Research 77, no. 4 (2010): 1211-1240. DOI: 10.2307/23347125
"This article will present the profound and real changes that took place in Africa, specifically in the areas of press freedom and free speech, particularly in the 1990s, but will argue that there remain much unfinished business and many unfulfilled promises, including stalled legal reform, limited media pluralism, and a lack of political will to move from the rhetoric of transparency to its reality. It is in this context that a global human rights recession has struck. This article will show that the observed global human rights setback applies with equal force to Africa. The setback has not necessarily been greater in Africa than elsewhere, but neither has it been less visible or less marked. In fact, in an environment characterized by weak political institutions and a nascent, and thus fragile democratization process, it is probable that this setback will take longer to reverse."
Callamard, Agnès. "Accountability, Transparency, and Freedom of Expression in Africa." Social Research 77, no. 4 (2010): 1211-1240. DOI: 10.2307/23347125.
"Almost 90 countries around the world have enacted access to information (ATI) legislation, and in many of these countries, reforms and amendments are either being considered or have been passed. However, even minor adjustments to the legal framework around ATI laws can have substantial impact on how the law is implemented and used. In order to address the challenges of access to information reform, the World Bank Institute has recently published this working paper by Toby Mendel, Executive Director of Centre for Law and Democracy. The paper looks at the main substantive issues ATI reform attempts have targeted and what legal forms they may take. It also examines the role different actors—civil society, the media, oversight bodies, parliaments, and political leaders—can play in helping support the adoption of reforms that promote openness and defeat those that erect barriers."
Medel, Toby. Amending Access to Information Legislation: Legal and Political Issues. Washington: World Bank (June 2011)