[open-government] Invitation to comments on Access to information
wake at online.no
Fri Apr 13 19:03:48 BST 2012
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#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
<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
* 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
* 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
* Germany is the only state in Europe which has not ratified any of
these to conventions against corruption (Appendix 4
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:
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.
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
2. GRECO Third Evaluation Round (launched in 2007):
3. 4 Dezember 2009, Evaluierungsbericht über Deutschland zur
Kriminalisierung der Korruption (SEV Nrn. 173 und 191, Leitlinie 2):
4. Lobbypedia - GRECO: http://www.lobbypedia.de/index.php/GRECO
5. Report Human Rights Commissar Thomas Hammarberg about Germany:
Judges and administration should be educated in human rights
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