The right to expression and to access information is a human right protected by international treaty.
Article 19 of the Universal Declaration of Human Rights (1948) states, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”
Similarly, Article 19 of the International Covenant on Civil and Political Rights codifies that, “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
UNESCO has marked September 28th of each year as the “International Day for Universal Access to Information,” to bring attention to these rights—so critical in an information age.
CAMBODIA DRAFT BILL RELATED TO ACCESS TO INFORMATION NOT UP TO INTERNATIONAL STANDARDS
In 2015, Cambodia, in collaboration with UNESCO, agreed to design and implement legislation that would ensure access to government information by the public and by journalists.
However, and after four years of drafting, the draft law fails to comply with international human rights standards.
According to Human Rights Watch, the draft bill fails on several fronts:
A narrow and ambiguous definition of information subject to disclosure, excluding “unofficial” documents
No explicit reference that the law applies to judicial and legislative bodies or private bodies using public funds or carrying out public functions
No mention of a presumption of full disclosure as a basic principle
Unnecessary formalities for request procedures
Overly broad categories of exceptions to disclosure by public authorities
Failure to define the term “public interest”
Failure to create an independent information commissioner or oversight body to oversee and enforce the law
A number of provisions that threaten the right to freedom of expression
CAMBODIA REFUSES TO AMEND THE LAW
Despite this feedback from international institutions and local bodies, the Cambodian government refuses to amend the draft, now insisting that the circulated legislation is no longer up for modification.
There are risks that the access to information law, as currently drafted, will codify curtailments in rights, instead of promoting the free access to information that human rights law requires. This is particularly worrying in light of recent events in Cambodia—prior to the 2018 general elections, the Cambodian government significantly curtailed the right to freedom of expression, and authorities arrested, prosecuted, and harassed activists, journalists, and human rights defenders.
Andrea has recently completed the M.A.S. in Transitional Justice, Human Rights and the Rule of Law from Geneva Academy of International Humanitarian Law and Human Rights, an M.A. of Global Affairs & Policy (PIC) from Yonsei University, South Korea, and a BA of Korean Language, Culture and Society from Ca’ Foscari University, Italy. She has worked at a Seoul based NGO “Human Asia” as a human rights intern. She is passionate about social justice, public health, human rights and the rule of law.