Access to Information: A New Promise for Sustainable Development

"The surge of ATI laws reflects growing awareness of the impact of access to information on human rights, development, democracy and people's private lives."

Since its creation in 1945, United Nations Educational, Scientific and Cultural Organization (UNESCO) has promoted and advocated for access to information (ATI) all over the world. By analysing 126 ATI laws and their implementation and identifying good practices, this In-Focus edition of UNESCO's World Trends in Freedom of Expression and Media Development aims to: unpack the major trends in the field of ATI laws and their implementation, identify the issues where rights to information and privacy could compete, and analyse the potential impact of new information and communication technologies (ICTs) on the ability to receive reliable and trustworthy information. In order to understand the trends, the report also examines the agendas of UNESCO, Member State recommendations in the Universal Periodic Review (UPR), the commitments of the Open Government Partnership (OGP), and the standard-setting activities of regional intergovernmental organisations and national oversight bodies.

ATI "is founded on the broader right to freedom of expression, which encompasses not only the right to impart opinion and information (and the corollary of press freedom as making content available to a public either online or off-line), but also the right to seek and receive such content. ATI as a right is particularly relevant as regards official information held by public authorities, but in many cases, it is also interpreted as covering information held by private actors that is necessary to the exercise of human rights. As a right, ATI is closely intertwined with other rights, and is seen as an overarching guarantor of some of them, such as the right to association, to political participation and to be free of discrimination." ATI can also be considered as a means to an end, and not only as a right in itself. For instance, ATI means improving access to healthcare and water by empowering people with knowledge to assess services, enabling stakeholders to hold governments and companies accountable for delivery.

Reflective of its role in development as a whole, ATI is recognised in Sustainable Development Goal (SDG) 16.10, which urges governments to "ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements". According to UNESCO, the inclusion of ATI in the SDG agenda corresponds to, and may be helping to amplify, the trend of increasing numbers of Member States working to provide statutory guarantees as well as improve implementation of ATI laws. Advocacy work has been undertaken by UNESCO, along with civil society groups such as the Global Forum for Media Development (GFMD), Free Press Unlimited (FPU), and Deutsche Welle Akademie (DWA), to encourage UN Member States to respond to the 2030 Agenda's recognition of ATI as a factor for development. For example, IPDCTalks, subsequently called the Open Talks, which have been organised in 22 countries and widely amplified on social media around the world.

UNESCO has as of this writing conducted 3 global monitoring exercises on adoption of ATI guarantees and, to a limited extent, on the quality of ATI laws. The organisation contributed its findings to the UN Secretary General's annual report on SDG progress (in 2017, 2018 and 2019). These exercises help highlight issues such as the fact that people need affordable internet and independent media in order to access information, as reflected in indicator 4.A.1 on connected schools and indicator 9.C on universal affordable internet access in least developed countries by 2020. UNESCO works with partners such as the International Telecommunication Union (ITU) in the Broadband Commission for Sustainable Development to advance these targets.

Other examples of trends explored in the report:

• "Analysis of OGP commitments related to ATI shows that there is a trend to focus on improving mechanisms of implementation, introduction of proactive disclosure, provision for persons with disabilities with special support, use of novel ICT solutions to improve record management and their accessibility, as well as complementing ATI laws with protection of whistle-blowers."
• The Human Rights Council (HRC)'s UPR is a site to watch as trends in improving ATI unfold. For instance, UPR recommendations show strong interrelationship between promoting women's rights and ATI.
• When it comes to oversight and appeal bodies, deemed essential components of ATI law enforcement, experience around the world shows that specialised entities (i.e. focusing only on ATI, contrary to a multi-purpose bodies) are optimal. However, it is not evident that this will become a trend going forward; instead, there could be a trend towards increased linkages between oversight bodies such as Information Commissions and national-level SDG monitoring bodies.
• "New challenges have emerged for law and implementation of ATI in digital times." In the future, there could be more tension between the right to access information and the right to privacy. Governments, official specialised regulatory bodies, academia, and civil society have started to map those issues and propose solutions. "UNESCO, the HRC and its UPR process, OGP and the SDG monitoring process are natural platforms for such activities."

In conclusion: "the SDGs offer a new opportunity for advancing ATI, and...an increasing number of States are recognising this, pointing to a likelihood of continuing positive trends in the future, even though much remains to be done to make ATI a more effective reality."