Since 2019, 28 September has been International Day for Universal Access to Information. But what exactly is this right? And how can it be exercised in practice?
An internationally recognised right
The right of access to information is enshrined at international level. Article 19 of the International Covenant on Civil and Political Rights echoes Article 19 of the Universal Declaration of Human Rights and protects the right of everyone to seek, receive and impart information of any kind. UNESCO states that states have an obligation to respect and ensure that everyone enjoys this right without distinction. Finally, this right is also reinforced by United Nations Sustainable Development Goal 16.10.2, which measures states’ efforts to adopt constitutional, regulatory and policy provisions promoting public access to information.
Why is this right important?
Today, more than ever, the right of access to information is vital. A society that protects this right enables public authorities to be accountable and transparent; they can be held to account for their actions if those actions are known to citizens. This right also helps to strengthen trust in public institutions, whilst enabling civil society organisations to participate in the decision-making process and ensure that laws or decisions are not discriminatory (UNESCO).
Transparency International Belgium is convinced that transparency helps to reduce corruption and that guaranteed free access to information makes it possible, where necessary, to hold institutions accountable for their decisions if these run counter to the public interest.
A right enshrined in Belgian law
In Belgium, the right of access to information is enshrined in law. Article 32 of the Constitution guarantees everyone access to administrative documents, thereby enhancing the transparency of public administration whilst enabling those concerned to consult the documents necessary to challenge an administrative decision affecting them.
The Act of 11 April 1994 on public access to administrative information sets out individuals’ rights regarding access to information, as well as the obligations of public bodies.
Belgium has also established an independent body, the Commission for Access to Administrative Documents (CADA), which is responsible, in particular, for reviewing the validity of refusals to allow access to or copies of administrative documents.
In practical terms, how does one exercise their right of access to information in Belgium
The Act of 11 April 1994 sets out the conditions for exercising the right to access information. People may submit a written request to a federal department.
In the case of personal documents, the individual must demonstrate an interest and give reasons for their request. In all cases, the request must be as specific as possible: Chapter III, Article 5: “Access to an administrative document, explanations relating to it, or its provision in the form of a copy shall be granted upon request. The request shall clearly state the subject matter concerned and, where possible, the administrative documents in question, and shall be addressed in writing to the competent administrative authority, even if the latter has deposited the documents in the archives”. A request for a copy may incur a charge, but this will be communicated in advance.
In certain specific cases, a request may be refused; these cases include statutory obligations of confidentiality, respect for privacy, public safety, public order, etc. If an institution refuses to disclose information, it must give reasons for its refusal. In the event of a refusal, the citizen may, within 30 days, lodge a request for reconsideration with the administrative body and, at the same time, seek an opinion from the CADA (Commission for Access to Administrative Documents).
In practice, and in addition to responding to requests from members of the public, institutions are also required to engage in active public disclosure, that is, to provide information on their operations, policies, budgets, etc.
For french speaker, Cumuleo published a guide on how to access information: Tutoriel sur la publicité de l’administration en Région wallonne
How can we take this further in Belgium?
In its opinion on government transparency, FIRM-IFDH highlights a number of areas for improvement that would facilitate access to information in Belgium. Check the all article here : Avis sur la publicité de l’administration | FIRM-IFDH.
The organisation notes, in particular, that the CADA should be given greater resources to guarantee its independence; it also notes that the so-called ‘absolute’ grounds for refusal should be reworded to bring them into line with international standards; furthermore, it notes that Belgium has still not ratified the Tromsø Convention.
The Tromsø Convention is the first international treaty enshrining the right of access to administrative documents. Belgium has signed the Convention but has still not ratified it. Ratification would demonstrate the Belgian authorities’ commitment to protecting the right of access to information. Further information on the Tromsø Convention: TROMSØ CONVENTION – The Council of Europe Convention on Access to Official Documents (CETS No. 205)
In practical terms, making a request for access to information in Belgium requires knowing exactly what to look for and providing as much detail as possible in the request, which can make access more difficult. The Belgian procedure also requires knowing exactly who to ask for information, which in some cases can prove complicated. Furthermore, although the CADA publishes its annual reports and opinions, federal institutions are not required to keep a register of documents requested or disclosed. Yet such a register would facilitate access to information for all. Finally, the penalties for non-compliance with the right of access to information remain very limited (no fines); only a judge can intervene.
At Transparency International Belgium, we are convinced that easy access to information helps to reduce corruption by holding the relevant institutions to account.
This international day should serve as a reminder of the importance of the right of access to information and as a means of initiating discussions on how to protect and improve it in Belgium.
More sources:
