FOR INTERNAL USE ONLY - Article 19

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ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONfor that denial along with information about any right of appeal. It is crucial that those requestingthe information have the right to appeal to an independent body to review decisions made bypublic authorities, a right reflected in most international standards. Otherwise, individuals cannotreally be said to have a right to access information held by public bodies, and much information,such as that revealing corruption or incompetence, will never be disclosed.• Excessive costs should not deter people from making requests for information. Fees are acontroversial issue in freedom of information laws. It is widely accepted that fees should not be sohigh as to deter requests, but practically every law does allow for some charges for access. Somelaws limit charges to the cost of reproducing documents, perhaps along with a set application fee.Other laws group requests into different categories, charging less for public interest or personalrequests. Regardless of the approach, it is desirable for fee structures and schedules to be set bysome central authority, rather than by each public body separately.• Meetings of public bodies should be open to the public. The underlying rationale for freedom ofinformation applies not only to information in documentary form, but also to meetings of publicbodies. In practice, most countries will regulate this question in a law separate from the mainaccess to information law.• Laws that are inconsistent with the principle of maximum disclosure should be amended orrepealed. Most countries have a range of secrecy laws, many of which include illegitimateprovisions that are inconsistent with the access to information law. If the principle of maximumdisclosure is to be respected, the access to information law must take precedence over these laws.This is not as controversial as it sounds, at least in practice. A good freedom of information lawwill include a comprehensive set of exceptions, reflecting the three-part test described above,which ensures that information will not be disclosed if doing so would cause unjustifiable harm.As a result, there should be no need for the freedom of information law to be extended by secrecylaws.• Individuals who release information on wrongdoing – whistleblowers – must be protected. Afreedom of information law should protect individuals against any legal, administrative oremployment-related sanctions for releasing information on wrongdoing or on a threat to publichealth, safety or the environment. Protection of so-called whistleblowers provides an importantinformation safety valve, ensuring that key information does indeed reach the public. SuchFor Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007"'
ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONprotection should apply even where disclosure would otherwise be in breach of a legal oremployment requirement. Protection from liability should also be provided to individuals who,reasonably and in good faith, disclose information in the exercise of any power or duty underfreedom of information legislation. This effectively protects civil servants who have mistakenly,but in good faith, released information.4 2 7 54,* %) %The right to access environmental information is guaranteed by Ukraine’s domestic legislation. Article50(2) of Ukraine’s Constitution states:Everyone is guaranteed the right of free access to information about the environmental situation, thequality of food and consumer goods, and also the right to disseminate such information. No one shallmake such information secret. 148A similar provision is in the Civil Code of Ukraine (Article 293, Part 1). 149When Ukraine ratified the Aarhus Convention in 1999, the treaty became binding on thecountry. 150 To ensure consistency with the Convention, a number of Ukrainian laws were amended. 151In addition, Article 71 of the Law on Environmental Protection explicitly reaffirms that treaties suchas the Aarhus Convention are an integral part of domestic law, stating that:If the international agreements entered into by Ukraine contain provisions that differ from those foundin Ukrainian law on environmental protection, the provisions from international law are applied.4,& ." Although Ukraine does not have a specific freedom of information law, many relevant provisions arecontained in the 1992 Law on Information. 152 This Law guarantees a general right of access toinformation and sets forth the basic legal grounds for the exercise of the right. There are a number of148 Constitution of Ukraine, 28 June 1996, available at http://www.rada.kiev.ua/const/conengl.htm.149 Civil Code of Ukraine, No. 435-IV, 16 January 2003.150 In accordance with Article 19 of the Law of Ukraine On International Agreements of Ukraine, No. 1906-IV,29 June 2004, treaties ratified by Ukraine are part of domestic law.151 Law of Ukraine On Making Amendments to Some Laws of Ukraine, 28 November 2002, No. 254-IV,Official Gazette of Ukraine, 2002, No. 52, p.2,350.152 Law of Ukraine On Information, 2 October 1992, No. 2657-II. This and other laws are available inUkrainian at http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007"(
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FOR INTERNAL USE ONLY - Article 19

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