Am Berg 22
D-73553 Alfdorf-Haselbach, 27.12.2001 (updated 9.2.2002)
E-mail: walter@keim.to
To the
Committee on Petitions
European Parliament
Members' Activities Division
L-2929 LUXEMBOURG
Petition 80/2002: Freedom of Information (FOI) in member state Germany
This petition is about the Commissions plans for freedom of information (also called right to know or public access to official documents or administrative transparency) for member states. I am a German citizens and my occupation is lecturer.
I agree with the European Ombudsman that "public access is an essential aspect of transparency which, as I have explained earlier, is itself an essential part of democracy": http://www.euro-ombudsman.eu.int/speeches/en/2001-06-19.htm#Target4
European countries both
inside the EU and outside have adopted freedom of information in
constitutions: http://home.online.no/~wkeim/foil.htm#constitutions
and laws: http://home.online.no/~wkeim/foil.htm#eu.
Therefore freedom of information is widely implemented: http://home.online.no/~wkeim/foi-europe.jpg
and http://hjem.sol.no/~wkeim/foil.htm also in the EU
Commission, Council and
Parliament on the basis of the EU
Charter of Fundamental Rights (Art. 42). Freedom of information is an internationally human right promoted by the United Nations. The report of the UNHCR-Special Rapporteur, Mr. Abid Hussain, "Promotion and protection of the right to freedom of opinion and expression", E/CN.4/1998/40 of 28. January 1998, especially Part III. A. The right to seek and receive information, demands FOI as a precondition of Freedom of opinion. This is confirmed and strengthened in E/CN.4/2000/63 part 42. "B. Access to information": FOI "is one of the rights upon which free and democratic societies depend". Freedom of information is based on article 19 of the Universal Declaration of Human Rights: http://www.udhr.org/UDHR/udhr.HTM#19 and Article 19, paragraph 2 of the International Covenant on Civil and Political Rights (ICCPR) as discussed here: http://www.article19.org/docimages/627.htm. Based on a survey on trends of freedom of information worldwide (ISBN 1 902598 44 X) the organization ARTICLE 19 concludes, that this right is widely recognized as human right: http://www.article19.org/docimages/1116.htm#1.6. In Europe 5 countries are working with FOI pending bills, all the other countries have FOI in the constitution and/or laws. If 4 of these countries will approve FOI laws, Germany will be the only country in Europe without Freedom of information. Why should EU members be the last countries in Europe giving freedom of information to people living there?
Personally the need of freedom of information became clear to me while writing petitions on patients rights: http://home.online.no/~wkeim/petitionen.htm. Why is it so difficult in Germany to get to know patients rights? Why is patient participation lacking? Why are the recommendations on patients rights of the Council of Europe not translated to German? I suggested to the German government to start to translate Council recommendations and publish them: http://home.online.no/~wkeim/011223fischer.txt. Why is there no possibility to complain to independent bodies (before going to court) to support these rights if they are not granted? According to the World Health Report 2000 Germany has the most expensive health system in the EU, but is on rank 25 among industrial states looking at the quality of services. Patient rights are a reflection of human rights: http://www.index-bg.org/Frame/rights/Frame_all.htm.
I have asked the Commission to send me "Communication (93) 191" which contains plans to give European citizens access to official information in member states and EU institutions and tell me on the progress: http://home.online.no/~wkeim/011226eu.txt. (9.2.02: I got the document which contained the plans, but today the Commission seems to have no longer plans for member states). It also seems that the "GREEN PAPER ON PUBLIC SECTOR INFORMATION IN THE INFORMATION SOCIETY COM(98)585final", adopted on 20 January 1999: http://europa.eu.int/ISPO/docs/policy/docs/COM(98)585/index.html and "eEurope 2002: Creating a EU Framework for the Exploitation of Public Sector Information COM(2001)607final": http://www.cordis.lu/econtent/psi/ just mentions differences between states and has lower ambitions. It is called a "key resource for Europe", but what is the progress? In member states there are possibilities to access environmental information and EU documents received by member states. Unfortunately there are no minimum standards for access of documents of member states.
The German government has invited
citizens to discuss a proposal for a law on freedom of
information for Germany. I participated in this discussion:
http://home.online.no/~wkeim/IFG.htm. However I was told that the process
of discussions between German ministers to bring this proposal to
parliament may not be finished during this parliamentary session:
http://home.online.no/~wkeim/petition_ifg.htm. Therefore I
suggested to the parliament to give this law anyway by own
initiative.As a German citizen I complain that Germany has no freedom of information, a Fundamental Right of the EU Charter (Art. 42), an essential aspect of democracy (according to the Ombudsman) and widely accepted human rights (according to ARTICLE 19) and a precondition of Freedom of opinion (according to UNHCR-Special Rapporteur). Therefore I am discriminated, without the human right of freedom of information, a "second class" citizen compared to other EU citizens and people living in candidate states applying for EU membership. If EU citizens move to Germany they will lack Freedom of information for the state where they are living. Germany would have to adopt freedom of information first if it would want to get goodwill for a membership application now.
