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, anti-terrorism, 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 standards2. 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