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576번 게시글
Right of Access to Information And its reality in Palestine
Date : 2010-11-26     Hit : 3307

Palestinian Center for Development and Media Freedoms (MADA)

 

Executive Summary of Research


 
Right of Access to Information


And its reality in Palestine

 

The research was prepared by

Legal consultant Belal Barghouthi

And the help of Dr. Ahmed Hamd in Gaza

 

The right of access to information is one of the human rights that have recently emerged, as the development on the concept of good governance led many countries of the civilized world to resort towards the adoption of the values of transparency, opening the locked doors and adopting the free flow and circulation of information as a condition and a fundamental pillar of good governance pillars.


This right was built on the basis that "public institutions maintain information not belonging to them, but on behalf of the public" and that "public affairs are public". "This principle points to the need to introduce effective mechanisms through which the public can access to information, finds out what the governments do on its behalf and how these information are circulated, namely their dissemination and distribution, otherwise, the truth will be weakened and  the and people's participation in the government will remain fragmented. The right of access to information necessarily means that every citizen has the right to access to the files of public institutions, in addition to the information in the possession of certain personalities - when the need or the public interest requires doing so.


Given the importance of this research represented by addressing one of the most important neglected and marginalized rights in many countries of the world, whether at the official or the grassroots levels, this study aimed to investigate the extent of availability of the right of access to information in Palestine and especially for press and journalists, and how Palestinian legislations dealt with this right through answering the following questions:

 

1.      What is the concept of the right of access to information and what are the legal principles on which it depends

2.      What are the rights that affect and are affected by this right, and what is the relationship between this right and the values of democracy and good governance.

3.      Did the Palestinian legislations consider this right and facilitate for the Palestinian citizen, especially the Palestinian journalist, to exercise it effectively.

 

In order to reach specific answers to the above, this research adopted the deive analytical comparative method through identifying the legal meaning of the right of access to information that is internationally recognized, and then reviewing all the applicable Palestinian legislations to study their compatibility or incompatibility with this right. With regard to practical methodology, research questionnaire was used as one of the major inputs of the research, where the questionnaire was distributed to 50 Palestinian journalists and 24 questions were asked to solicit their views on the importance of this right and the obstacles face its practice in Palestine.

 

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