A/HRC/14/23
reasonable fees and time limits; independent review of refusals to disclose information; and
sanctions for noncompliance.2
33.
If mechanisms to promote the right of access to public information are lacking, then
the members of society will not be informed or able to participate, and decision-making
will not be democratic. Consequently, the Special Rapporteur urges Governments to adopt
legislation to ensure access to public information and to establish specific mechanisms for
that purpose. He therefore welcomes the initiative of the United Mexican States to set up
the Federal Institute of Access to Public Information (IFAI) as an independent national
body.
34.
An important aspect of access to public information is access to historical
information and archives and to information on current procedures that may shed light on
human rights violations. Such access allows victims to exercise their right to truth, bearing
in mind that the truth is the first step towards the right to justice and then the right to
compensation, which are fundamental rights of victims. Victims not only have the right to
establish the truth: why, how and who violated their human rights; they also have the right
to make it public if they so wish, and this is particularly the case when they wish to honour
the memory of those whose right to life has been violated.
2.
Access to means of communication
35.
All the various outlets of the mass media have a social role to play. Electromagnetic
frequencies are a public good, and the Government should therefore guarantee access to
them and should use them and authorize their use in an equitable and fair way for all sectors
of society. It is recommended that an independent, national (public) agency be in charge of
administering and managing the allocation of broadcasting frequencies.
36.
In recent years, the mass media have been viewed worldwide as a business, and this
has paved the way for the concentration of media into large private or public consortia. This
runs counter to the principle of pluralism and diversity that should underpin genuine
freedom of expression. It also constitutes a concentration of political power that threatens
democratic models.
37.
Access to means of communication and, in particular, to electronic communications
is now seen as necessary for achieving development and, therefore, should also be
considered as an economic and social right. Governments should take responsibility for
facilitating and subsidizing access to electronic media to ensure equitable enjoyment of this
right, to combat poverty and to achieve their development goals.
38.
Accordingly, the Special Rapporteur considers that, in order to achieve the
Millennium Development Goals, the right of access to electronic communications and
freedom of opinion and expression in general must be guaranteed. It is therefore necessary
to reduce the digital divide and the gap in technological progress between developed and
developing nations, in line with the recommendations contained in the Millennium
Declaration (General Assembly resolution 55/2, para. 20). In particular, target 5 of goal 8
states: “in cooperation with the private sector, make available the benefits of new
technologies, especially information and communications”.3
39.
The Special Rapporteur will focus primarily on the issue of access to electronic
communications and freedom of expression on the Internet in his 2011 report.
2
3
GE.10-13049
Annual Report of the Special Rapporteur for Freedom of Expression of the Organization of American
States, 2003, Chapter IV, para. 32.
See text at http://www.un.org/millenniumgoals/global.shtml.
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