(Fwd) India and Freedom of Information
------- Forwarded message follows -------
From: Ilana Cravitz <ILANA@article19.org>
To: India Interest <asia at article19 dot org>
Subject: India and Freedom of Information
Date sent: Tue, 12 Dec 2000 17:42:26 -0000
ARTICLE 19 today sent the following letter to Indian
MPs. It makes
recommendations for bringing the Freedom of
Information Bill into line
with international standards.
Members of the Standing Committee on Home Affairs
New Delhi
India
12 December 2000
Dear Committee Member
ARTICLE 19, The Global Campaign for Free Expression,
is an international human rights
organization based in London with expertise in freedom
of expression,
including freedom of information. We are writing to
you to provide our
comments on the Indian Freedom of Information Bill,
2000, which is
currently before Parliament. For your interest, we
enclose our Memorandum
on the Indian Freedom of Information Bill, 2000, which
provides a detailed
look at how the Bill could be improved to protect and
promote effectively
the public's right to know in India.
I am also sending you our most important publication
in the area of freedom of information, The Public's
Right to Know: Principles on Freedom of Information
Legislation, which
sets out principles based on international and
comparative best practice.
You can find other publications on this issue on our
website,
www.article19.org <http://www.article19.org/>.
ARTICLE 19 believes that the Indian Freedom of
Information Bill is positive in many areas but at
the same time we are concerned that it fails to meet
international
standards in a number of areas. Its ability to
effectively guarantee the
public's right to know is particularly affected by
flaws in two crucial
areas, as follows:
* The Bill fails to provide for an independent review
of refusals to disclose information, either by an
independent
administrative body or by the courts. This means that
decisions on whether
or not to release information rest entirely within
government.
* A blanket exclusion of key intelligence and security
organisations and an
excessively broad regime of exemptions significantly
undermine the
potential for the Bill to promote the public's right
to know. The lack of
a public interest override for these exclusions and
exemptions further
undermines the Bill.
We hope that you will use your influence in the
Standing Committee on Home Affairs to ensure that the
Bill is amended to meet the highest international
standards.
Please do not hesitate to contact us if you have any
questions on our submission or related matters.
Yours sincerely,
Toby Mendel
Head of Law Programme
ARTICLE 19's analysis of the FoI Bill is at
www.article19.org/docimages/883.htm
Our Principles on Freedom of Information are at
www.article19.org/docimages/512.htm
Reply to:
Ilana Cravitz, Communications Officer
ilana at article19 dot org
Direct line: +44 20 7239 1199
ARTICLE 19, Global Campaign for Free Expression
Lancaster House, 33 Islington High Street, London N1
9LH, UK
Tel: +44 20 7278 9292, Fax: +44 20 7713 1356, e-mail:
info at article19 dot org, www.article19.org
__________________________________________________
Do You Yahoo!?
Yahoo! Shopping - Thousands of Stores. Millions of Products.
http://shopping.yahoo.com/
