Right to Information and Transparency

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.

"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."

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. 

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."

“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.”

"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."

"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."

"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."

“Artificial intelligence (AI) – a broad concept used in policy discussions to refer to many different types of technology – greatly influences and impacts the way people seek, receive, impart and access information and how they exercise their right to freedom of expression in the digital ecosystem. If implemented responsibly, AI can benefit societies, but there is a genuine risk that its deployment by States and private companies, such as internet intermediaries, could have a deteriorating effect on human rights… [This Paper] maps the key challenges to freedom of expression presented by AI across the OSCE region, in light of international and regional standards on human rights and AI. It identifies a number of overarching problems that AI poses to freedom of expression and human rights in general, in particular: (a.) The limited understanding of the implications for freedom of expression caused by AI, in particular machine learning; (b.) Lack of respect for freedom of expression in content moderation and curation; (c.) State and non-State actors circumventing due process and rule of law in AI-powered content moderation; (d.) Lack of transparency regarding the entire process of AI design, deployment and implementation; (e.) Lack of accountability and independent oversight over AI systems; and, (f.) Lack of effective remedies for violation of the right to freedom of expression in relation to AI. This Paper observes that these problems became more pronounced in the first months of 2020, when the COVID-19 pandemic incentivized States and the private sector to use AI even more, as part of measures introduced in response to the pandemic. A tendency to revert to technocratic solutions, including AI-powered tools, without adequate societal debate or democratic scrutiny was witnessed. Using four specific case studies (“security threats”; “hate speech”; media pluralism and diversity online; and the impact of AI-powered State surveillance on freedom of expression), this Paper shows how these problems manifest themselves. This Paper concludes that there is a need to further raise awareness, and improve understanding, of the impact of AI related to decision-making policies and practices on freedom of expression, next to having a more systematic overview of regional approaches and methodologies in the OSCE region. It provides a number of preliminary recommendations to OSCE participating States and internet intermediaries, to help ensure that freedom of expression and information are better protected when AI is deployed.”

"Many human rights have a dual value in that their realisation is both an important end, and a means to enable the realisation of other rights. The effective implementation of these kinds of rights is thus particularly important for advancing rights-based democracy. However, in practice, the implementation of such rights is often problematic. The article examines access to information and protest as examples of such ‘enabling’ rights. Drawing on the experience of communities and civil society organisations, it identifies and discusses some striking similarities in the way in which the legislation promulgated to give effect to these two rights in South Africa is being implemented, and argues that the problematic implementation of legislation is having the effect of thwarting these rights, rather than promoting them. Further, it argues that the existence of such striking similarities may point to a more systemic problem of civil and political rights failing to enable the realisation of socio-economic rights."