Impunity for sexual offenses committed by UN personnel is perpetuated, in part, by barriers to accessing the information that is held by the Organization. Of the 193 UN Member States, 127 guarantee a right of access to information.[1] However, the United Nations itself lacks a comprehensive policy dictating how the public can request information produced by the Organization; the criteria for information sensitive enough to be withheld; and the recourse available to those whose requests for information are denied. As a result, the UN is able to prevent national law enforcement entities, journalists, civil society advocates, and the public from obtaining copies of records, documents, or materials that could shed light on, among other things, the Organization’s sexual offense crisis.

1. What is the right of access to information?

The right of access to information refers to the notion that citizens should be able to seek and receive documents and other records held by governments and public authorities.[2] It is considered a fundamental human right, rooted in the idea that public institutions should not withhold information from citizens arbitrarily or for reasons that are not in the public interest.[3]

2. Is the UN opposed to the idea that people
have a right to information?

No. In theory, just the opposite is true. The right of access to information is enshrined in Article 19 of the UN General Assembly International Covenant on Civil and Political Rights (ICCPR), which obligates Member States to ensure that everyone can enjoy the “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.”[4]

3. Why does access to information matter?

Democracy cannot flourish if governments operate in secrecy. The public’s right to access information from institutions and governments is necessary for citizens to hold these powerful entities to account. When an institution is able to withhold information that reflects negatively on the institution or its leadership, for example, it becomes difficult for citizens to identify and expose wrongdoing.

4. Is there information that people do not
have a right to access ?

Certain categories of information are usually not disclosed to the public, and governments bear the burden of justifying these exemptions to the right of access to information. Governments generally do not disclose information that would put national security, personal privacy, public health, or an ongoing law enforcement investigation in jeopardy. The ICCPR specifies that each exemption should be necessary and written in law. 

Generally, in democracies, citizens have the right to challenge their governments’ decisions to withhold certain information. For example, in the United States, a member of the public whose request for information is denied can file an administrative appeal and an independent review process will determine whether or not the government has a compelling reason to deny the request.[5]

5. Does the United Nations have an
access to information policy?

No, the UN does not have a single, comprehensive access to information policy, and much of the Organization is not bound by any access to information provision at all.[6]

The Convention on the Privileges and Immunities of the United Nations protects all property, assets, and documents belonging to, or held by, the UN from "search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action."[7] The same principle also applies to documents held by UN specialized agencies.[8] This privilege, known as the “inviolability of the archives,” enables the UN to reject access to information requests if they relate to the internal workings of the UN or if the release of information might be harmful to the UN’s interests.[9] The UN also benefits from “organizational immunity,” meaning that it cannot be taken to court under any circumstances. Organizational immunity prevents UN property and documents from being searched or seized by law enforcement or a court order. For a detailed explanation of immunity and the UN’s misuse of immunity to shield perpetrators of sex crimes, read Code Blue’s primer.

A 2007 bulletin of the UN Secretary-General, Information sensitivity, classification and handling, lists categories of information that should not be disclosed to the public, including anything that may pose a security risk or cause financial harm to the Organization.[10]

Some UN Funds and Programs—including UNDP, OHCHR, and UNICEF—have each adopted access to information policies that give those entities further, unfettered discretion to deny requests. There is no independent oversight and no centralized appeals process available when a UN entity denies a request for information.

The World Bank, a group of three UN specialized agencies that is operationally independent from the United Nations, has an access to information policy based on the core principles of maximizing access to information; setting out a clear list of exemptions; providing clear procedures for making information available; and recognizing requesters’ right to an appeals process. The policy specifies that the public has the right to know of decisions made by the Bank, but not to know precisely how they were made. This exemption applies to “deliberative information,” such as transcripts of meetings during which stakeholders work to reach consensus.[11]

6. How do the barriers to accessing information
held by the UN fuel impunity for sexual offenses
committed by UN personnel?

As a result of the UN’s refusal to adopt an access to information policy with independent oversight and an appeals process, information of legitimate interest to victims, law enforcement, advocates, journalists, and the public is often inaccessible. This lack of transparency enables the UN to respond to its crisis of sexual offenses in secrecy and hinders the public’s ability to hold the Organization to account.

For example, victims of sexual offenses committed by UN personnel are not guaranteed access to UN records about their cases or to information about the status or findings of UN investigations. As the UN cannot undertake a criminal investigation or press criminal charges, it falls to domestic law enforcement to investigate allegations and to prosecute the accused when appropriate. The barriers to accessing UN information mean that—even after an internal UN investigation is complete—domestic law enforcement is not guaranteed access to evidence that was collected by UN investigators, and they may even be denied access to UN personnel who are witnesses or the accused.

The UN also limits the public’s full access to data on the prevalence of sexual harassment and abuse committed by its personnel, making it difficult for civil society and the public to understand the scope of the UN’s sex offense crisis and pursue legitimate advocacy for reform.

[1] “States that Guarantee a Right of Access to Information (RTI),” Open Society Justice Initiative (2019): https://www.right2info.org/resources/publications/countries-with-ati-laws-1/view.

[2] “Freedom of Information,” UNESCO, http://www.unesco.org/new/en/communication-and-information/freedom-of-expression/freedom-of-information/.

[3] Toby Mendel, "Freedom of information as an internationally protected human right," Comparative Media Law Journal (2003): 39-70.

[4] International Covenant on Civil and Political Rights, United Nations (1966): https://www.un.org/ruleoflaw/blog/document/international-covenant-on-civil-and-political-rights/.

[5] “FOIA FAQs,” FOIA.gov, https://www.foia.gov/faq.html.

[6] For more on the limits to access to information at the UN, see the 2017 “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression” (A/72/350).

[7] “Convention on the Privileges and Immunities of the United Nations,” United Nations (1946): https://www.un.org/en/ethics/assets/pdfs/Convention%20of%20Privileges-Immunities%20of%20the%20UN.pdf.

[8] “Convention on the Privileges and Immunities of the Specialized Agencies,” United Nations (1947): https://treaties.un.org/doc/Treaties/1949/08/19490816%2010-43%20AM/Ch_III_2p-full%20text.pdf.

[9] Anthony J. Miller, “The Privileges and Immunities of the United Nations,” International Organizations Law Review (2007): 169-257.

[10] “UN Secretary-General’s bulletin, Information sensitivity, classification and handling,” UNODC (2007): https://undocs.org/ST/SGB/2007/6.

[11] “Bank Policy: Access to Information,” The World Bank (2015): https://www.worldbank.org/en/access-to-information/overview.

Banner image credit: UN Photos