Making equal rights real
Agnes Callamard, ARTICLE 19
Global Trends
• Slippery slope
• Indicators highlight reversal or stagnation
• Freedom of expression has been weakened
and eroded.
• Values or standards which we thought safe
have been eroded, eg right not to be tortured
• SRR – under threat around the world
Legal regression by copycat
• A disturbing number of countries levelled
burdensome, restrictive or repressive laws and
regulations against NGOs and the media,
including the internet
• Legal ‘deterioration by imitation’: charity, antiterrorism, anti-extremism laws are mirrored
across the world
The human rights implementation
framework
• Duty to respect: The government is under a negative
obligation not to interfere with the communication
of information and ideas that others wished to
impart.
• Duty to protect: Governments are under a positive
obligation to take steps to prevent individuals or
private groups from interfering with the lawful
communication of information.
• Duty to fulfil: Duty to provide information, including
government-held information. Access. Positive
obligation.
The Challenge
• No Linear model of rights implementation
• Making equal rights real requires working on
all three levels at all times: Respect, Protect,
Fulfil
• Example: right to receive information –
governments may pass laws on transparency
while at the same times censoring the media
Making equal rights real: accessing
government-held information
The challenges:
(i) over 100 countries have not adopted laws
allowing citizens to access information;
(ii) where laws exist, they do not perform well;
(iii) around the world, exercise of the rights
limited to the privileged and educated
classes, and mostly men
To make equal rights to information
real, we need:
• Tie RTI with economic and social rights:
people must see how the law can improve
their day to day life, and dignity / basis for the
claim of citizens’ empowerment.
• Secure Broad-based demands for information
– indigenous, health, disability, climate change
- demonstrate the power of information
To make equal rights to information
real, we need:
• Pro-poor legal campaign - Broad buy-in:
people themselves demand the law
• Pro-poor law: the text of the law must be
devised with the most vulnerable in mind
– how will the poor access and use the law
– Pro-active disclosure
• Mediators: CSOs and Media keep the issue on
the front-burner
To make equal rights to information
real, we need:
• Monitoring compliance: information requests
on issues which are relevant to the people, eg
public services, budgets, etc.
• Advocating for pro-active disclosure
• Dialogue with governments officials
• Training, training, training – on how to make
requests (demand side) and how to respond
(public officials)
To make equal rights to information
real, we need:
Holding the government to account through:
• Domestic litigation
• Public denunciation/campaign, eg through the
media
• Regional/international litigation
• Regional/international reporting
To make equal rights real, we need:
1. The best standards
2. Combat ignorance:
schools, trainings,
continued education,
awareness raising
3. Free flow of
Information
4. Courage – struggles
5. Organised and
committed actors:
passion for change –
individual leaders;
NGOs; social
movements
6. Accountability: litigate,
denounce at domestic,
regional and int’l level