A/HRC/7/21
page 17
Commission, thus leading to a significant increase in requests for access. Possible amendments
to the regulation were under consideration in 2007, also to reflect adoption of a regulation
applying the Aarhus Convention to the European Union institutions.
B. Implementation and monitoring mechanisms
for the realization of the right to information
62. The Special Rapporteur notes that, although the list of standards mentioned above is not
exhaustive, it provides for several examples of legal norms and standards that do exist on the
right to information both at the international and regional levels. There are several projects that
monitor access to information held by national authorities and international or supranational
organizations, such as the Access to Information Monitoring Tool of the Open Society Justice
Initiative.18
63. The Special Rapporteur would like to appeal to States to implement the right to
information by establishing specific legislation conforming to international norms and standards.
Ensuring effective implementation of the right to information requires proper training in their
responsibilities for persons involved in implementing the law in how to deal with requests for
information and how to interpret the law.
64. The Special Rapporteur also encourages Governments to be proactive in promoting the
right to information and to educate the public on how to claim it. He would like to remind States
that right to information laws should not only require public authorities to provide information
upon request but also impose a duty on public bodies to actively disclose, disseminate and
publish information. One such example of facilitating proactive disclosure of information would
include the creation of systems informing the public on right to information laws. The
implementation of right to information laws would also entail the setting up of systematic
records management, including managing, recording and archiving.
65. States should also set up information commissions as general oversight bodies to regulate
the implementation and oversight of right to information laws, or ensure that such functions,
together with the necessary capacity and resources, are entrusted to national human rights
institutions. The Special Rapporteur notes that, although many models of information
commissions already exist in different regions, they usually have similar functions, acting as
external independent authorities with a clear mandate to supervise the implementation of the
right to information.
V. CONCLUSIONS AND RECOMMENDATIONS
66. The Special Rapporteur would like to stress that the right to participation in public
life is linked very closely with the right to information (and to education). The right to
popular participation in decision-making is enshrined in article 21 of the Universal
18
www.justiceinitiative.org/activities/foifoe/foi/foi_aimt.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents