[open-government] Invitation to comments on Access to information

[Walter Keim]

Hallo,

Access to information of public administration is one of the duties of 
an open government.

The human right of access to public documents (ICCPR 
<http://right2info.org/cases#un-human-rights-committee>, ECHR 
<http://right2info.org/cases#european-court-of-human>) is recognized as 
precondition for democracy and essential in the fight against corruption.

10 years ago development showed (Will Germany abandon Freedom of 
Information <http://www.heise.de/tp/deutsch/special/frei/12314/1.html>? 
Bananenrepublik Deutschland 
<http://www.heise.de/tp/r4/artikel/12/12689/1.html>), that Germany was 
least developed in Europe.

Now many countries outside Europe are more advanced then Germany looking 
at transparency and fight of corruption.

  * 84 states with 4,5 billion inhabitants give better access to
    information then the federal Freedom of Information Law in Germany
    (http://rti-rating.org/results.html).
  * More then 115 states (http://right2info.org/laws) with more then 5,5
    billion inhabitants adopted FOI laws or provisions in constitutions.
    5 German states with half of the population lack FOI laws.
  * The UN Convention against Corruption is ratified by 158 states with
    more then 6,5 billion inhabitants, but not by Germany (Appendix 1
    <http://en.wikipedia.org/wiki/United_Nations_Convention_against_Corruption>).

  * Germany did not ratify the Criminal Law Convention on Corruption and
    does not follow Recommendation Rec(2003)4 on common rules against
    corruption in the funding of political parties and electoral
    campaigns of the Council of Europe as GRECO (Group of States against
    Corruption) suggested 4 December 2009 (Appendix 2
    <http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/ReportsRound3_en.asp>,
    Appendix 3)
    <http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoEval3%282009%293_Germany_One_DE.pdf>.

  * Germany is the only state in Europe which has not ratified any of
    these to conventions against corruption (Appendix 4
    <http://www.lobbypedia.de/index.php/GRECO>).


51 states participate in the Open Government Partnership for transparent 
accountable governments. This OGP initiative wants governments to commit 
to openness, participation for citizens, fight against corruption and 
use of new technologies. But Germany does not participate, even it would 
be very necessary.

Germany has to improve the federal FOI law, adopt FOI laws in 5 local 
states (Bundesländer), ratify CoE and UN conventions against corruption 
and improve transparency of sideline jobs for members of parliaments and 
funding of political parties to catch up with other states in Europe, 
America, OSCE, OECD (see weakness no. 2, 3, 4, 8, 34, 35 and 52 of 
Transparency Germany <http://home.broadpark.no/%7Ewkeim/foi-ngo.htm>).

I have collected my ezperience during the last years: 
http://home.broadpark.no/~wkeim/files/human_right-access_information.htm 
and would like to ask for your comments especially on my suggestion to 
complain to the European Court of Human Rights and the UN Human Rights 
Committee. Unfortunately all domestic courts have to be used. i. e. 
costs of EUR 3200.-

Looking forward to your comments and suggestions.

Regards,

-- 
Walter Keim
Netizen: http://sites.google.com/site/walterkeim/
Who will support transparency in Germany: http://home.broadpark.no/~wkeim/foi-ngo.htm http://home.broadpark.no/~wkeim/files/if-dimr-pbt-en.htm

Published on Internet:

 1. http://en.wikipedia.org/wiki/UNCAC: 159 states have ratified United
    Nations Convention against Corruption (UNCAC). Germany has not
    ratified.
 2. GRECO Third Evaluation Round (launched in 2007):
    http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/ReportsRound3_en.asp
 3. 4 Dezember 2009, Evaluierungsbericht über Deutschland zur
    Kriminalisierung der Korruption (SEV Nrn. 173 und 191, Leitlinie 2):
    http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoEval3(2009)3_Germany_One_DE.pdf
 4. Lobbypedia - GRECO: http://www.lobbypedia.de/index.php/GRECO
 5. Report Human Rights Commissar Thomas Hammarberg about Germany:
    http://home.broadpark.no/~wkeim/files/Bericht-des-Menschenrechtskommissars.html,
    Judges and administration should be educated in human rights

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