scholarly journals Beyond the Right of Access: A Critique of the Legalist Approach to Dissemination of Climate Change Information in Kenya

2020 ◽  
Vol 12 (6) ◽  
pp. 2530
Author(s):  
Joe Ageyo ◽  
Idah Gatwiri Muchunku
Keyword(s):  
Climate Change ◽  
Diffusion Of Innovations ◽  
National Level ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Qualitative Research Design ◽  
Climate Change Information ◽  
Right To Information ◽  
The Right ◽  
Scientific Narratives

Kenya has strengthened its climate change governance by developing national level instruments. Principle 10 of the Rio Declaration requires countries to ensure that each individual has appropriate access to public environmental information. Kenya has anchored the right to information in its constitution and the 2016 Access to Information Act. However, this legalist approach has left a translation gap since climate change information is availed in a form and language that is largely inaccessible to the public. To address the gap, this study reviewed the effectiveness of dissemination and access to climate change information among Kenyans as a measure of the country’s fidelity to the decisions of the United Nations Framework Convention on Climate Change and other Multilateral Environmental Agreements, to which it is party. The study, guided by the diffusion of innovations theoretical framework and the encoding/decoding model, adopted a qualitative research design. Desk research and in-depth interviews were used to collect data. Results revealed that the current dissemination practices of climate change information in Kenya were not effectively reaching grassroots communities due to socio-economic and language barriers. The study recommends repackaging the information into vernacular and non-scientific narratives that resonate with the daily experiences of local Kenyan communities.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

scholarly journals PEMBATASAN HAK ATAS INFORMASI ELEKTRONIK DALAM YURISDIKSI CYBERSPACE

2020 ◽  
Vol 1 (1) ◽  
pp. 44-54
Author(s):  
Muh Effendi
Keyword(s):  
Virtual World ◽  
Legal Protection ◽  
Public Order ◽  
Electronic Information ◽  
The Public ◽  
State Security ◽  
Use Of Technology ◽  
Right To Information ◽  
The Right ◽  
Thesis Writing

Writing this thesis aims to find out the form of legal protection and restrictions on the right to information that can be done in cyberspace. Because of the rapid advances in technology, there are also more problems that arise from this virtual world, this is the background of this thesis writing because it is very important to know what can and should not be done according to laws governing the world this virtual. Some countries, including Indonesia, restrict the right to electronic information, although this kind of regulation, both formally and materially, is contrary to the rights of individuals to privacy and information, but there are other people's rights that also need to be protected and state security that must be protected. The birth of law number 11 of 2008 which was revised to law number 19 of 2016 is clear evidence of the limitation of the right to information in Indonesia, because Indonesia upholds human rights but with this law Indonesia also aims to maintain security or country stability. The conclusion reached is: that the state protects the right to information and the use of technology but is also obliged to protect the public interest from all kinds of disturbances arising from misuse of information, especially through electronic media that disturb public order, or so-called jurisdiction.

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

Social Mobilization for Public Accountability

2019 ◽  
pp. 136-150
Author(s):  
Kuldeep Mathur
Keyword(s):  
Civil Society ◽  
Social Movement ◽  
Public Domain ◽  
Social Mobilization ◽  
Democratic Accountability ◽  
Public Authorities ◽  
The Public ◽  
Adequate Information ◽  
Right To Information ◽  
The Right

This chapter examines administrative accountability through the democratic pillar of public transparency. One of the pillars of democratic accountability is the availability of adequate information in the public domain about the functioning government. It has taken a social movement for transparency in government to establish people’s right to information through the passage of the Right to Information Act in 2005. However, traditional administration has not reconciled to its demands and PPPs are kept out of its purview on the plea that they are not public authorities. The Lok Pal (ombudsman) Bill has been passed in response to another struggle of civil society.

scholarly journals Aproximación a la regulación y contenido del derecho a una alimentación adecuada

2018 ◽  
pp. 183 ◽  
Author(s):  
Juan Manuel Goig Martínez
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Right ◽  
Public Authorities ◽  
Right To Food ◽  
The Public ◽  
Guiding Principle ◽  
Derechos Humanos ◽  
Adequate Food ◽  
The Right

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.

Can an Open Access Approach be the Solution to Better Implementation of the Right to Information Act in Bangladesh?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-68
Author(s):  
Harold Sougato Baroi ◽  
Shawkat Alam ◽  
Carlos Bernal
Keyword(s):  
Information Disclosure ◽  
Social Economic ◽  
Government Information ◽  
The Public ◽  
Government Services ◽  
Implementation Approach ◽  
The Social ◽  
Access Information ◽  
Right To Information ◽  
The Right

Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.

scholarly journals Access to Information Held by Public Authorities

2016 ◽  
Keyword(s):  
Record Management ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Time Limits ◽  
Right To Information ◽  
Definition Of ◽  
Definition Of Information ◽  
The Right

Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.

scholarly journals The Reconstruction of Public Information Dispute Resolution as the Effort in Realizing Substantive Justice in Indonesia

2020 ◽  
Vol 9 (1) ◽  
pp. 110-116
Keyword(s):  
Dispute Resolution ◽  
Public Information ◽  
Human Right ◽  
The Public ◽  
Government Administration ◽  
Substantive Justice ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
Sense Of Justice

The right to information is a human right as derogable right. Fulfilment of the right to information often leads to information disputes with Information and Documentation Management Officer (IDMO) as administrative officials who are given the task of managing information and documentation. Information dispute resolution becomes important to be resolved immediately because it is related to fulfilling a sense of justice and fulfilling the right to information for the community. The Establishment of the Government Administration Act (GA Act) causes the dualism of information dispute resolution. Article 53 of the GA Act will be the basis for resolving information disputes in the administrative court domain, while the Public Information Officer/PIO Act is the basis for resolving information disputes within the Information Commission domain. This dualism needs to be resolved to ensure legal certainty for the government and society as Justicia Belen. The development of dispute resolution reconstruction of information is conducted by strengthening information dispute resolution in non-litigation. Ideal information dispute resolution should be resolved first through administrative remedies (objections and administrative appeals) and through the Information Commission. The court becomes the ultimum remedium in resolving a dispute. Therefore, strengthening the Information Commission in terms of development, finance and authority is one way to strengthen the resolution of information disputes outside the court.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

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