ARTICLE 19 GLOBAL CAMPAIGN FOR FREE EXPRESSION 2. International Standards 2.1 Freedom of Expression and Information Secrecy laws impact both on the right of individuals to express themselves – for example, by placing restrictions on what may be published in the media – and on the right of everyone to access information held by a public body. Both the right to freedom of expression and the right to access information are wellestablished in international law – the latter as part of the former. Freedom of expression has been guaranteed through Article 19 of the Universal Declaration on Human Rights (UDHR), adopted in 1948,2 and through Article 19 of the International Covenant on Civil and Political Rights (ICCPR), adopted in 1966.3 Jordan also signed the Arab Charter on Human Rights (ACHR)4, but never ratified it. The ACHR specifically enshrines a guarantee of freedom of expression. The right to access information held by public bodies is a fundamental human right recognised in international law as part of Article 19 of the UDHR and ICCPR, which guarantee a right of all to seek and receive information. It is crucial as a right in its own regard as well as central to the functioning of democracy and the enforcement of other rights. Without freedom of information, State authorities can control the flow of information, ‘hiding’ material that is damaging to the government and selectively releasing ‘good news’. In such a climate, corruption thrives and human rights violations can remain unchecked. If the information is politically sensitive material relating to national security it may be exempted from disclosure but only if a number of safeguards are first established. For this reason, international bodies such as the United Nations Special Rapporteur on Freedom of Opinion and Expression5 have repeatedly called on all States to adopt and implement freedom of information legislation.6 State secrets and sensitive information must be subject to the operation of such legislation, and other Laws must be consistent with it. We also draw attention to the Declaration of the Special Rapporteurs on freedom of expression outlining the relevant principles applying to freedom of information and secrecy legislation, in which they stress that secrecy laws must be narrowly drafted and be compatible with the right to access information.7 2 UN General Assembly Resolution 217A (III), adopted 10 December 1948. UN General Assembly Resolution 2200A (XXI), adopted 16 December 1966, in force 23 March 1976. Jordan ratified the ICCPR in 1975. 4 Adopted on 15 September 1994. See Article 26 of the ACHR. 5 The Office of the Special Rapporteur on of Opinion and Expression was established by the UN Commission on Human Rights, the most authoritative UN human rights body, in 1993: Resolution 1993/45, 5 March 1993. 6 See, for example, the Concluding Observations of the Human Rights Committee in relation to Trinidad and Tobago, UN Doc. No. CCPR/CO/70/TTO/Add.1, 15 January 2001. 14. The comments of the UN Special Rapporteur on freedom of Opinion and Expression are discussed at length below. 7 Available at http://www.cidh.org/Relatoria/showarticle.asp?artID=319&lID=1. The Special Rapporteurs are the UN Special Rapporteur on Freedom of Opinion and Expression; the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression. 12 For judicial opinions on human rights guarantees in customary international law, see Barcelona Traction, Light and Power Company Limited Case (Belgium v. Spain) (Second Phase), ICJ Rep. 1970 3 (International Court of Justice); Namibia Opinion, ICJ Rep. 1971 16, Separate Opinion, Judge Ammoun (International Court of Justice); Filartiga v. Pena-Irala, 630 F. 2d 876 (1980) (US Circuit Court of Appeals, 2nd Circuit). For an academic critique, see M.S. McDougal, H.D. Lasswell and L.C. Chen, Human Rights and World Public 3 Memorandum on Jordan’s Protection of State Secrets and Documents Provisional Law No. (50) for the Year 1971ARTICLE 19, London, 2005 – Index Number: LAW/2005/1205 -2-