Article 19 Under the Microscope

As the Human Rights Committee continues its 101^st session at UN headquarters in New York, freedom of expression advocates worldwide will be paying close attention.

In a series of meetings beginning today, the committee—an independent body of experts that monitors compliance with the International Covenant on Civil and Political Rights (ICCPR)—will reconsider its interpretation of Article 19, which guarantees the right to freedom of expression, including “the right to seek, receive, and impart information and ideas.”  In light of the recent Wikileaks controversy and ongoing developments in the Middle East as well as North Africa, the committee’s analysis of Article 19 comes at a critical time.

This session marks the committee’s second reading of its draft General Comment on Article 19.  Through such General Comments, the Committee publishes official interpretations of fundamental human rights articulated in the ICCPR, providing guidance to over 165 countries bound by the Covenant’s terms.

Although NGOs have applauded the committee’s latest draft General Comment for affirming a strong right to freedom of expression—including an explicit right to access information held by public bodies—groups are concerned that the draft fails to address key aspects of this right.

Joining in the dialogue, the Open Society Justice Initiative submitted comments on the right of access to information under Article 19.  In its key recommendation, the Justice Initiative urges the Human Rights Committee to clarify that individuals seeking information from public bodies do not need to state reasons for their requests.

Without such clarification, oppressive governments could arbitrarily deny legitimate requests for information, while individuals seeking to challenge such determinations would face an uphill battle.  Demonstrating the importance of this recommendation, the Justice Initiative highlights a recent case in which the Human Rights Committee dismissed a complaint against the government of Kyrgyzstan on the basis that “the applicant failed to allege any specific interest in the requested information.”

States should also strive to ensure easy, effective, and practical access to state-controlled information.  By proactively publishing key categories of information, states would promote transparency and encourage informed public participation, which are vital components of a democratic society.

The Justice Initiative also encourages the committee to specify that national security restrictions may not be used to suppress information of legitimate public interest. Accordingly, states must take extreme care to ensure that laws related to national security are crafted and applied in a manner consistent with freedom of expression guarantees.

To ensure broad applicability of the right to access information, the Justice Initiative’s submission also urges the committee to expressly state in its General Comment that the right of access to information belongs to everyone, not merely to citizens.

The Human Rights Committee will consider the Justice Initiative’s comments, as well as contributions from other NGOs, during its current session.  The committee is expected to issue a final General Comment on Article 19 in late 2011 or early 2012, following a second and third reading of the draft.

Once adopted, the new General Comment will provide instrumental guidance to at least 80 countries that already have access to information laws, while serving as an important model across Asia and Africa, where access to information standards are less developed.  Given these implications, a broad interpretation of Article 19 by the committee could serve as a valuable tool for freedom of information advocates across the globe.