Freedom of Information: A Comparative Legal Survey - Federation of ...

Charter standards and gradually amending their policies to bring them more closely into line with these
standards.
In 1997, the United Nations Development Programme (UNDP) also adopted a Public Information
Disclosure Policy, on the basis that information is key to sustainable human development and also to
UNDP accountability. 129 The Policy enumerates specifi c documents that shall be made available to the
public and provides for a general presumption in favour of disclosure, subject to a number of exceptions. 130
In terms of process, the Policy establishes a Publication Information and Documentation Oversight Panel
which can review any refusal to disclose information. The Panel consists of fi ve members – three UNDP
professional staff members and two individuals from the not-for-profi t sector – appointed by the UNDP
Administrator. 131 However, implementation has been problematical. 132
In May 2001, the European Parliament and the Council of the European Union adopted a regulation on
access to European Parliament, Council and Commission documents. 133 Article 2(1) states:
Any citizen of the Union, and any natural or legal person residing or having its registered
offi ce in a Member State, has a right of access to documents of the institutions, subject to
the principles, conditions and limits defi ned in this Regulation.
The Regulation has several positive features, including a narrow list of exceptions, all of which are subject
to a harm test. The Regulation also provides for an internal review of any refusal to disclose information,
as well as an appeal to the courts and/or the Ombudsman. 134 However, there are also problems with the
Regulation. For example, some key exceptions are not subject to a public interest override. 135 Furthermore,
the Regulation allows a Member State to require other States not to disclose documents without its prior
approval. 136
Notes
12. See the section on Information on Human Rights in the chapter on International
Standards and Trends.
13. 14 December 1946.
14. UN General Assembly Resolution 217 A (III), 10 December 1948.
15. For judicial opinions on human rights guarantees in customary international law, see, for
example, Barcelona Traction, Light and Power Company Limited Case (Belgium v. Spain)
(Second Phase), ICJ Rep. 1970 3 (International Court of Justice); Namibia Opinion, ICJ
Rep. 1971 16, Separate Opinion, Judge Ammoun (International Court of Justice); and
Filartiga v. Pena-Irala, 630 F. 2d 876 (1980) (US Circuit Court of Appeals, 2nd Circuit).
Generally, see M.S.McDougal, H.D.Lasswell, L.C.Chen, Human Rights and World Public
Order, (1980: Yale University Press, Princeton), pp. 273-74, 325-27.
16. UN General Assembly Resolution 2200 A (XXI), 16 December 1966, entered into force
23 March 1976.
17. Tyrer v. United Kingdom, 25 April 1978, Application No. 5856/72, para. 31. See also
Christine Goodwin v. United Kingdom, 11 June 2002, Application No. 28957/95, para.
74.
18. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua, 31 August 2001,
Series C, No. 79, para. 146. See also The Right to Information on Consular Assistance in
the Framework of the Guarantees of the Due Process of Law, Advisory Opinion of 1 October
1999, OC-16/99, Series A, No. 16 (Inter-American Court of Human Rights) and, in
particular, the Concurring Opinion of Judge A.A. Cancado Trindade.
23