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international standards

Article 19 Model Freedom of Information Law
http://www.article19.org/docimages/1112.htm

This model freedom of information law is based on best international practice as well as on a number of freedom of information laws from around the world. It is intended to respond particularly to the freedom of information needs of South Asian countries and, as such, reflects a common law drafting style. As it reflects international standards, however, it is also relevant to civil law countries.

Article 19: The Public’s Right to Know. Principles on Freedom of Information Legislation
http://www.article19.org/docimages/512.htm - English version
http://www.article19.org/docimages/834.htm - French version

These international principles set a standard against which to measure whether domestic laws genuinely permit access to official information. The principles set out clearly and precisely the ways in which governments can achieve maximum openness in line with best international standards and practice.

Commonwealth Freedom of Information Principles, 1999
http://www.humanrightsinitiative.org/programs/ai/rti/international/cw_standards.htm

The Commonwealth Freedom of Information Principles are based on the recommendations of a 1999 report produced by the Commonwealth Expert Group on the Right to Know and the Promotion of Democracy and Development. Though less comprehensive and progressive than the report submitted by the Expert Group, the Principles nonetheless recognise the importance of public access to official information, both in promoting transparency and accountable governance and in encouraging the full participation of citizens in the democratic process.

Commonwealth Model Freedom of Information Bill
http://www.humanrightsinitiative.org/programs/ai/rti/international/cw_standards/Cth%20model%20law%20-%20FOI%20Act.pdf

The object of a law on freedom of information is to safeguard the right of members of the public to access information held by public authorities with the aim of increasing transparency and accountability of government. To assist member countries which have yet to enact laws providing for access to information, the Commonwealth Secretariat has prepared a draft model bill, drawing on the laws in existence in various member countries and reflecting the principles the Commonwealth Freedom of Information Principles.

Declaration of Principles on Freedom of Expression in Africa, Part IV
http://www.article19.org/docimages/1600.pdf

This document deals explicitly with the right to access information. It was adopted by the African Commission on Human and Peoples’ Rights at its 32nd Ordinary Session, in Banjul, The Gambia, held from 17th to 23rd October 2002. Though not binding, the principles serve as a benchmark to evaluate states’ compliance with Article 9 of the African Charter on Human and Peoples’ Rights, which deals with the right to receive information.

European Union Regulation on the Right of Access to Information

An Annex to the 1992 EU Treaty of Maastricht ( http://europa.eu.int/eur-lex/en/treaties/selected/livre439.html) recommended that the European Commission draft a report on measures designed to improve public access to the information available to EU institutions. The 1997 Amsterdam Treaty moved a significant step further by granting the right of access to EU documents subject to detailed rules set out in secondary EC legislation. According to Article 255 of the Amsterdam Treaty, this secondary legislation was to be adopted within two years of the Treaty entering into force. The Treaty came into force in 1999 and the Regulation on Freedom of Information passed in 2001.
( http://europa.eu.int/comm/secretariat_general/sgc/acc_doc/docs/1049EN.pdf)

Inter-American Declaration of Principles on Freedom of Expression, Paragraphs 2 and 3
http://www.cidh.oas.org/declaration.htm

Adopted in the year 2000, this declaration explicitly recognises the right to access information and affirms that this principle should be subject only to exceptional limitations that are established by law.

Organisation of American States, (OAS) Resolution on Access to Public Information: Strengthening Democracy
http://www.oas.org/juridico/english/ga03/agres_1932.htm

This resolution was adopted at the fourth plenary session of the OAS in June 2003. The OAS Special Rapporteur for Freedom of Expressionsubsequently produced two reports that seek to operationalise the resolution.
The “First Report on Access to Information” ( http://www.oas.org/consejo/docs/cp11742E07.doc) was presented to the OAS Permanent Council on 10 September and the “Second Report on Access to Information” ( http://www.oas.org/council/docs/cp12047e07.doc) on 17 December 2003.

SOCIUS Guidelines and Standards for Legislation, 2003
http://www.britishcouncil.org/socius/english/declaration.pdf - English version.
http://www.britishcouncil.org/socius/spanish/Lineamientos%20Socius%20Peru%202003.pdf - Spanish version.

These guidelines were produced following a SOCIUS conference on access to information in Lima, Peru, in 2003. They recognise the fundamental role of access to information as a means of promoting democratic participation; as an essential tool in combating corruption; as a way of promoting accountable government; and as an efficient means of sharing information with the public.

The Johannesburg Principles on National Security, Freedom of Expression and Access to Information, 1995
http://www.article19.org/docimages/511.htm

These principles aim at the implementation by national, regional and international bodies of standards relating to freedom of expression and access to information. They are based on regional and international standards relating to the protection of human rights, as well as evolving state practice. The principles were adopted in 1995 by a group of experts in international law, national security and human rights convened by Article 19 and the Centre for Applied Legal Studies of the University of Witwatersand.

UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention)
http://www.unece.org/env/pp/documents/cep43e.pdf - English version.
http://www.unece.org/env/pp/documents/cep43f.pdf - French version.

This convention, adopted in 1998, recognises that sustainable development can only be achieved through the involvement of all stakeholders. Such involvement grants the public rights and imposes obligations on public authorities with regard to access to information. The convention entered into force in October 2001.

tools, guidance notes and training resources

Article 19 (2004) Manual for Training of Public Officials
http://www.article19.org/ViewArticle.asp?AreaID=33&SubAreaID=85&PageID=183&ElementID=119&ArticleID=1721&FromSearch=true

This manual is intended as a resource for use by those undergoing training on freedom of information. It is aimed primarily at public officials, although the first section of the manual could also be used to introduce civil society organisations and journalists to the concept, principles and application of freedom of information measures. The manual includes notes for trainers, a suggested agenda for a two-day training workshop and several practical case studies. Available in English as of 2004, the organisation has announced plans to translate it into Spanish, French and Russian at a later stage.

Bank Information Center (BIC), Toolkit for Activists
http://www.bicusa.org/bicusa/issues/misc_resources/293.php

This toolkit is designed to help clarify which documents are available from the World Bank, when they are available, and how to get them. It details what information is regularly published, but also provides details about what information is typically not made public and how to request it. The toolkit’s objective is to promote citizens’ right to know with regard to community development plans. The toolkit is available both in English and Spanish.

International Records Management Trust, Training Materials
http://www.irmt.org/downloadlist/education.html

This online IRMT publication provides a comprehensive range of training materials related to information and record management. Materials are listed topic-by-topic and are fully downloadable.

Justice Initiative Access to Information Monitoring Tool: Report from a Five Country Study
http://www.justiceinitiative.org/db/resource2?res_id=102207

This pilot survey monitoring freedom of information was conducted in Armenia, Bulgaria, Macedonia, Peru and South Africa, and marks one of the most comprehensive efforts yet to test the limits of government transparency. It involved the submission of 100 information requests to 18 different public institutions by a range of actors in each country. On average only 35 percent of requests for information were fulfilled. Many requests that were not explicitly rejected were simply ignored. In total, 36 percent of requests submitted resulted in tacit or “mute” refusals.

Scottish Executive Freedom of Information Act, Open Learning Workbook
http://www.scotland.gov.uk/library5/government/foisa-00.asp

This online workbook, published by the Scottish Executive in the wake of its new Freedom of Information Act (2002), provides a detailed guide to practical implementation of the act.

UK Freedom of Information Act Guidance Notes
http://www.informationcommissioner.gov.uk/eventual.aspx?id=77

The UK Freedom of Information Act (2000) is intended to promote a culture of openness and accountability among public authorities by providing people with rights of access to the information held by them. It is expected that these rights will facilitate better public understanding of how public authorities carry out their duties, why they make the decisions they do and how they spend public money. These guidance notes provide detailed yet straightforward information to help enhance public awareness of the act’s contents.


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