FREEDOM OF INFORMATION AND ACCESSIBILITY FOR PERSONS WITH DISABILITIES

FREEDOM OF INFORMATION AND ACCESSIBILITY FOR PERSONS WITH DISABILITIES TBILISI 2013 1

THE PUBLIC DEFENDER OF GEORGIA Empwered lives. Resilient natins. Published with assistance frm the United Natins Develpment Prgramme (UNDP) Gergia. The views expressed in this publicatin are thse f the authr/s and d nt necessarily represent thse f the United Natins r UNDP. 2

CONTENTS INTRODUCTION... 5 MAIN PRINCIPLES OF RESEARCH AND METHODOLOGY... 5 LEGAL RESEARCH... 6 SOCIAL RESEARCH... 8 THE ISSUE OF FREEDOM OF INFORMATION AND ACCESSIBILITY IN THE WORLD... 9 GUARANTEES ENSURED BY NATIONAL LEGISLATION... 12 REALISATION OF THE RIGHT TO INFORMATION ACCESSIBILITY IN RELATION TO PERSONS WITH DISABILITIES... 18 RESEARCH OUTCOME... 19 ANALYSIS OF REQUESTED INFORMATION... 19 RESULTS OF FOCUS GROUP DISCUSSIONS... 21 RESULTS OF QUANTITATIVE RESEARCH... 23 SOCIAL-DEMOGRAPHIC CHARACTERISTICS... 23 LEVEL OF AWARENESS OF RESPONDENTS ABOUT THE RESEARCH TOPIC... 24 REALISATION OF RESPONDENTS OWN RIGHTS... 24 RESPONDENTS ATTITUDE TOWARDS THE PROVISION OF ACCESS TO INFORMATION BY STATE STRUCTURES AND LOCAL SELF-GOVERNMENT BODIES... 26 ACCESS TO THE INTERNET AND WEB-RESOURCES... 27 DATA ANALYSIS IN GENDER PERSPECTIVE... 28 DATA ANALYSIS IN AGE-GROUP PERSPECTIVE... 29 SUMMARY... 29 RECOMMENDATIONS... 30 APPENDIX... 31 QUESTIONNAIRE USED IN QUANTITATIVE RESEARCH... 31 3

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Infrmatin is the xygen f demcracy. If peple d nt knw what is happening in their sciety, if the actins f thse wh rule them are hidden, then they cannt take a meaningful part in the affairs f that sciety 1 INTRODUCTION This paper reflects the results f the research cnducted in 2012 n freedm f infrmatin and accessibility fr persns with disabilities. The research was implemented within the framewrk f the cmpnent f enhancing the Center fr Disability Rights f United Natins Develpment Prgramme, Access t Justice and Human Rights Prtectin - PDO Capacity Building Prject. Under Article 21 f United Natins Cnventin, 2006, n the rights f persns with disabilities (Freedm f expressin and pinin, and access t infrmatin), states parties shall take all apprpriate measures t ensure that persns with disabilities can exercise the right t freedm f expressin and pinin. This includes the freedm t seek, receive and impart infrmatin and ideas n an equal basis with thers, and thrugh all frms f cmmunicatin f their chice. The aim f the research was t analyse the current situatin in Gergia regarding freedm and accessibility f infrmatin, identify impediments t the enfrcement f Article 21 f the UN Cnventin n the rights f persns with disabilities in a target grup, and prvide relevant recmmendatins t legislative and executive branches f the gvernment within legal authrities granted t the Public Defender f Gergia. Here, it shuld be nted that n research int freedm and accessibility f infrmatin fr persns with disabilities has been cnducted s far in Gergia. The present study is the first attempt at analysing the existing situatin in this directin. MAIN PRINCIPLES OF RESEARCH AND METHODOLOGY The research was cnducted with adherence t the fllwing principles: t btain reliable and accurate infrmatin, respect cnfidentiality, reliability, nt t inflict any harm, impartiality, bjectivity, sensitivity, and prfessinalism 2. The research methdlgy incrprates bth the quantitative and qualitative research cmpnents f legal and scial research. Within the framewrk f the research, we analysed 1 Legislative principles f freedm f infrmatin (1999), rganisatin Article 19 2 The Office f the United Natins High Cmmissiner fr Human Rights (2001). Manual fr human rights mnitrs, series f prfessinal trainings #7, chapter V, main principles, p.87, Geneva, ISBN 92-1-154137-9 5

internatinal and natinal legislatin related t the abve right, and cnducted empirical research int the exercise f this right amng fcus grups thrugh questinnaires. The infrmatin was analysed by the statistics sftware SPSS 10, with the use f descriptive and cnclusive statistical elements such as frequency distributin, nnparametric statistical criteria, Pearsn s crrelatin cefficient, crrelatin, and factr analysis. The research was planned and implemented by the fllwing researchers: Irine Obladze UNDP expert, and lawyer; Ana Arganashvili representative f Public Defender s ffice, psychlgist, and ccupatinal therapist. LEGAL RESEARCH In rder t create a cmprehensive picture f the research issues, we have analysed natinal legislatin as well as guarantees envisaged by internatinal agreements n the rights f accessibility f infrmatin fr persns with disabilities, namely: Cnstitutin f Gergia; General Administrative Cde f Gergia; The Law f Gergia On the State Security ; The Law f Gergia On Persnal Data Prtectin ; Universal Declaratin f Human Rights f the United Natins; Eurpean Cnventin fr the Prtectin f Human Rights and Fundamental Freedms; Internatinal Cvenant n Civil and Plitical Rights; 1998 Aarhus Cnventin n Access t Infrmatin, Public Participatin in Decisinmaking and Access t Justice in Envirnmental Matters (knwn as the Aarhus Cnventin); 2006 UN Cnventin n the Rights f Persns with Disabilities ; Cuncil f Eurpe Cnventin n Access t Official Dcuments. In additin t the abve, the fllwing judgments f the Cnstitutinal Curt and the Supreme Curt f Gergia have als been invked: 6

Judgment #2/3/364 f the Cnstitutinal Curt f Gergia dated 14 July 2006 ( Gergian Yung Lawyers Assciatin and citizen Rusudan Tabatadze v. the Parliament f Gergia ); Judgment f 5 July 2007 f the Chamber f Administrative and Other Cases f the Supreme Curt f Gergia n the case br 1061-1012 (j-06). The fllwing studies carried ut by varius nn-gvernmental rganisatins n the access and freedm f infrmatin have als been utilised: Freedm f Infrmatin in Gergia by Gergian Yung Lawyers Assciatin (2007). The research was implemented with the supprt f the Open Sciety Gergia Fundatin); Practive publicatin f curt statistics and ther public infrmatin n the curts websites by Institute fr the Develpment f Freedm f Infrmatin (2011). The research was implemented with the supprt f Eurasia Partnership Fundatin, USAID, and East-West Management Institute; Access t public infrmatin in Gergia (2011) by Institute fr the Develpment f Freedm f Infrmatin. The research was implemented with the supprt f the Open Sciety Gergia Fundatin; Freedm f Infrmatin and Internet Regulatin in Gergia by Institute fr the Develpment f Freedm f Infrmatin (2010); Electrnic management in Gergia: wrld tendencies by Institute fr the Develpment f Freedm f Infrmatin (2010); E-management and e-transparency internatinal trends and Gergia by Institute fr the Develpment f Freedm f Infrmatin (2011). We have requested and analysed the infrmatin frm the fllwing state agencies: Ministry f Labur, Health and Scial Affairs f Gergia; Ministry f Educatin and Science f Gergia; Ministry f Justice f Gergia; Ministry f Internally Displaced Persns frm the Occupied Territries, Accmmdatin and Refugees; Ministry f Finance f Gergia; Ministry f Sprt and Yuth Affairs f Gergia; Ministry f Crrectins and Legal Assistance f Gergia; 7

Ministry f Internal Affairs; Ministry f Energy and Natural Resurces f Gergia; Ministry f Ecnmics and Sustainable Develpment f Gergia; Ministry f Envirnmental Prtectin f Gergia; Ministry f Agriculture f Gergia; Ministry f Infrastructure and Reginal Develpment f Gergia; and Ministry f Culture and Mnument Prtectin f Gergia. The letters sent t each agency by persns with disabilities cncerning freedm f infrmatin guaranteed t them by internatinal and natinal legislatin as well as the aims and the areas f interest presented in this research cvered the fllwing issues: 1. Statistics n public infrmatin requests made by persns with disabilities during 2012; 2. Statistics n satisfying the requests fr infrmatin by these agencies; 3. The frms f infrmatin requested by persns with disabilities; 4. Cnsideratin f the needs f persns with impaired visin while prviding infrmatin (preparing letters in Braille script, nn-standard type, etc.); 5. Prviding the services f sign language interpreter r using any ther mdern cmmunicatin technlgy t aid persns with impaired hearing when addressing ministries; 6. Disseminatin f infrmatin n prgrams implemented by these agencies in an accessible frmat fr persns with disabilities. SOCIAL RESEARCH The scial research cmpnent was implemented accrding t the qualitative methd, with the use f fcus grups, questinnaires and interviews. Participants f the qualitative research were selected accrding t their needs (the blind, persns with impaired visin, the deaf, and persns with reduced mbility). The fllwing three categries were selected: 1. Persns with different types f disabilities; 2. Representatives f persns with disabilities (guardians, trustees, and family members); and 3. Representatives f public human rights rganisatins. The ttal number f participants was 100. 8

The fieldwrk was carried ut in Nvember 2012. There were three fcus grups (1 in Tbilisi and 2 in Imereti regin) which cnsisted f61 participants. The grup f persns with impaired hearing was prvided with sign language interpretatin. One hundred respndents cmpleted the questinnaire n the freedm f infrmatin and accessibility. Due t the difficulty in the selectin f respndents, the participants were chsen with targeted sampling (nn-prbability sampling) methd. The data btained thrugh the questinnaire was prcessed by the statistics specialist with a special sftware called SPSS. THE ISSUE OF FREEDOM OF INFORMATION AND ACCESSIBILITY IN THE WORLD The first enactment n freedm f infrmatin in the wrld was issued in 1766 in the Kingdm f Sweden. The enactment was cncerned with the freedm f press. Mre than tw centuries later, freedm f infrmatin was recgnised as ne f the fundamental rights thrughut the wrld. Article 19 f the Universal Declaratin f Human Rights says, Everyne has the right t freedm f pinin and expressin; this right includes freedm t hld pinins withut interference and t seek, receive and impart infrmatin and ideas thrugh any media and regardless f frntiers. 3 Article 19 f the Internatinal Cvenant n Civil and Plitical Rights recgnises the same principle f the right f expressin and imparting infrmatin. The Article als cnsiders certain restrictins placed n this right, but these shall nly be thse prvided by law and are deemed necessary 4. Article 10 f Eurpean Cnventin n Human Rights and Fundamental Freedms pints ut: 1. Everyne has the right t freedm f expressin. This right shall include freedm t hld pinins, and t receive and impart infrmatin and ideas withut interference by public authrity and regardless f frntiers. This Article shall nt prevent states frm having licensing prcesses fr bradcasting, televisin r cinematic enterprises. 2. The exercise f these freedms, since it als carries duties and respnsibilities, may be subject t such frmalities, cnditins, restrictins r penalties as prescribed by law 3 The law has been in effect since 15 September 1991 4 The grunds fr such restrictin can be: a) prtectin f rights and reputatin f ther persns; b) prtectin f the state security, public rder, health and mrale f the ppulatin. https://matsne.gv.ge/index.php?ptin=cm_ldmssearch&view=dcview&id=1398335 9

and are necessary in a demcratic sciety, in the interests f natinal security, territrial integrity r public safety, fr the preventin f disrder and crime, fr the prtectin f health and mrals, fr the prtectin f the reputatin and rights f thers, fr preventing the disclsure f infrmatin received in cnfidence, r fr maintaining the authrity and impartiality f the judiciary 5. Under Article 14 f the same Cnventin, The enjyment f the rights and freedms set frth in this Cnventin shall be secured withut discriminatin n any grund such as sex, race, clur, language, religin, plitical r ther pinin, natinal r scial rigin, assciatin with a natinal minrity, prperty, birth r ther status. The abve Article guarantees the right f all persns t exercise the rights set frth in the Cnventin, amng them the right t freedm f infrmatin and accessibility. The 1998 Aarhus Cnventin n Access t Infrmatin, Public Participatin in Decisin-making and Access t Justice in Envirnmental Matters ( Aarhus Cnventin ) 6 recgnises the access t envirnmental infrmatin. Aarhus Cnventin evidences the imprtance f prviding each citizen with full and impartial infrmatin regarding envirnmental issues. In cmpliance with Article 1 f the Cnventin, the aim f its adptin is t cntribute t the prtectin f the right f every persn f present and future generatins t live in an envirnment adequate t his r her health and well-being. Under the abve prvisin, Each party shall guarantee the rights f access t infrmatin, public participatin in decisin-making, and access t justice in envirnmental matters in accrdance with the prvisins f this Cnventin. 7 The Eurpean Curt f Human Rights recgnised the right f public t be prperly infrmed and the right t receive infrmatin. But, until recently the Curt was very reluctant t derive the right t have access t public r administrative dcuments frm Article 10 f the Eurpean Cnventin n Human Rights. In the cases f Leander v. Sweden (1987), Gaskin v. United Kingdm (1989), and Sîrbu v. Mldva (2004), the Curt has indeed recgnised that the public has a right t receive infrmatin as a crllary f the specific functin f jurnalists, which is t impart infrmatin and ideas n matters f public interest. Hwever, in these cases the freedm t receive infrmatin as guaranteed by Article 10 culd nt be cnstrued as impsing a psitive bligatin n a state t disseminate infrmatin r t disclse infrmatin t the public. With the Curt s decisin in the case f Sdruženi Jihčeské Matky v. Czech Republic, 8 freedm f infrmatin has in essence mved t a new stage and the limits f applicatin f Article 10 5 https://matsne.gv.ge/index.php?ptin=cm_ldmssearch&view=dcview&id=1208370&lang=ge 6 https://matsne.gv.ge/index.php?ptin=cm_ldmssearch&view=dcview&id=1210443&lang=ge has been effective in Gergia since 30 Octber 2001 7 https://matsne.gv.ge/index.php?ptin=cm_ldmssearch&view=dcview&id=1210443&lang=ge 8 The decisin was published n 10 July 2006 10

significantly expanded. The Curt states, The right t access administrative dcuments can be restricted under the cnditins f Article 10 Para. 2, which imply that such a rejectin must be prescribed by law, have a legitimate aim and must be necessary in a demcratic sciety. This is the mst significant precedent in internatinal practices since it prves that the breach f the principles f making infrmatin publicly accessible equals t the vilatin f human rights and, cnsequently, it is pssible t apply t the Eurpean Curt 9. Based n the analysis f internatinal legislatin, it can be said that in the initial stage f develpment, freedm f infrmatin was viewed in the cntext f freedm f expressin. But with time, it distinctly became an independent right. Cnsequently, it is cnsidered that the degree f accessibility f freedm f infrmatin is directly related t the status f a cuntry s demcracy and is an imprtant test t reflect the state f human rights in any cuntry. 2006 UN Cnventin n the Rights f Persns with Disabilities prvides: Article 21 Freedm f expressin and pinin, and access t infrmatin: 1. States parties shall take all apprpriate measures t ensure that persns with disabilities can exercise the right t freedm f expressin and pinin, including the freedm t seek, receive and impart infrmatin and ideas n an equal basis with thers and thrugh all frms f cmmunicatin f their chice, as defined in article 2 f the present Cnventin, including by: (a) Accessible frmats and technlgies apprpriate t different kinds f disabilities in a timely manner and withut additinal cst; (b) Accepting and facilitating the use f sign languages, Braille, augmentative and alternative cmmunicatin, and all ther accessible means, mdes and frmats f cmmunicatin f chice by persns with disabilities in fficial interactins; (c) Urging private entities that prvide services t the general public, including thrugh the Internet, t prvide infrmatin and services in accessible and usable frmats fr persns with disabilities; (d) Encuraging the mass media, including prviders f infrmatin thrugh the Internet, t make their services accessible t persns with disabilities; (e) Recgnising and prmting the use f sign languages. 9 http://www.tbappeal.curt.ge/?lan=ge&cat=20&sub=185&rec=838 Tamar Chugshvili, Nin Lmjaria, Tamar Krdzaia. Freedm f infrmatin in Gergia. 2007 11

GUARANTEES ENSURED BY NATIONAL LEGISLATION Due cmpliance with legislatin gverning freedm f infrmatin and its accessibility is ne f the majr factrs in determining the level f demcracy f a state. Freedm f infrmatin ensures the transparency f public institutins and increases their accuntability t the public. It is imprtant that freedm f infrmatin and its accessibility is guaranteed by natinal legislatin. Regulatry nrms n freedm f infrmatin and accessibility are reflected in varius legislative enactments in Gergia. Under Article 24 f the Cnstitutin f Gergia: 1. Everyne has the right t freely receive and impart infrmatin, t express and impart his/her pinin rally, in writing r by any ther means. 2. Mass media shall be free and censrship shall be impermissible 3. Neither the state nr individuals shall have the right t mnplise mass media r means f disseminatin f infrmatin. 4. The exercise f the rights enumerated in the first and secnd paragraphs f the present Article may be restricted by law n such cnditins which are necessary in a demcratic sciety in the interests f ensuring state security, territrial integrity r public safety, preventin f crime, prtectin f the rights and dignity f thers, preventin f the disclsure f infrmatin acknwledged as cnfidential r fr ensuring the independence and impartiality f justice. In this cntext, paragraph 5 f Article 37 f the Cnstitutin is als imprtant, which says, Everyne shall have the right t receive cmplete, bjective and timely infrmatin abut the envirnment. The abve nrm entitles each citizen t the right t receive cmplete, bjective and timely infrmatin abut his/her wrking and living envirnment. Fr every persn it is imprtant t live in a healthy envirnment and enjy natural and cultural surrundings. Under Article 41 f the Cnstitutin f Gergia: 1. Every citizen f Gergia shall have the right t becme acquainted, in accrdance with the prcedure prescribed by law, with the infrmatin abut him/her stred with state institutins as well as fficial dcuments existing there, unless the infrmatin is essential t state security, and preserve prfessinal and cmmercial cnfidentiality. 2. The infrmatin that exists n fficial papers pertaining t individual health, finances r ther private matters shall nt be accessible t anyne withut the cnsent f the 12

individual in questin except in the cases determined by law, where it is necessary t ensure the state security r public safety, and fr the prtectin f health, rights and freedms f thers. The analysis f the abvementined prvisins f the Cnstitutin f Gergia clearly prves that the cnstitutinal guarantee f the freedm f infrmatin is quite extensive. Cnstitutinal Curt f Gergia, in its judgment N2/3/364 f 14 July 2006 ( Gergian Yung Lawyers Assciatin and Citizen Rusudan Tabatadze v. the Parliament f Gergia ), indicates that Article 24 f the Cnstitutin f Gergia includes three fundamental rights viz, freedm f infrmatin, expressin and mass media. Article 24 reaffirms the right t freely receive and impart infrmatin, t express and impart individual pinin rally, and in writing r by any ther means. Exercising this right mstly depends n the authrised subject and the individual s activity. The state s bligatin in this case is nt t prevent a persn frm receiving the infrmatin, expressing his/her pinin and nt t restrict mass media by impsing censrship. Regarding paragraph 4 f Article 24 f the Cnstitutin, the Curt cnsiders that the right t receive infrmatin is nt an abslute right and can be restricted in the interest f the public. The justifiability f state interference with the freedm f expressin shall be decided separately in each individual case 10. Under paragraph 1 f Article 41 f the Cnstitutin, Every citizen f Gergia shall have the right t be aware, in accrdance with a prcedure prescribed by law, f the infrmatin abut him/ her stred in state institutins as well as fficial dcuments existing there unless the infrmatin pertains t state secrets and/r prfessinally r cmmercially cnfidential. Everyne has the right t apply t a curt fr the prtectin f his/her rights and freedms. In a mdern sciety, the scial rle f individual significantly depends n the level f awareness. Cnsequently, it becmes necessary t develp efficient guarantees fr cntrlling state activities in the prcess f btaining persnal infrmatin 11. The Cnstitutinal Curt pints ut that the abvementined Article cnsiders that fficial infrmatin stred in state institutins is pen and every citizen f Gergia has the right t becme acquainted with it; and becming acquainted with the infrmatin stred in the institutin is a significant cnditin fr infrmatinal self-identificatin and a persn s free develpment 12. 10 Judgment f the Cnstitutinal Curt f Gergia #2/3/364 f 14 July 2006 11 L. Izria, K. Krkelia, K. Kublashvili, G. Khubua. Cmments n the Cnstitutin f Gergia. Fundamental human rights and freedms. Tbilisi. 2005 12 Decisin#2/3/364 f the Cnstitutinal curt f Gergia f 14 July 2006 (Gergian Yung Lawyers Assciatin and citizen Rusudan Tabatadze v parliament f Gergia ) 13

Cnstitutinal guarantees fr the access t infrmatin stred in state institutins are enfrced by General Administrative Cde f Gergia, which was adpted n 25 June 1999. The Cde became effective frm 1 January 2000 13. With the adptin f the abve nrmative act, a significant step was made in the directin f freedm f infrmatin and transparency f public institutins. The aim f General Administrative Cde is t ensure that human rights and freedms, public interest, and the rule f law are bserved by administrative bdies. The principles f standards fr freedm f infrmatin in Gergia that are enfrced by special prvisins can be enumerated as fllws: All infrmatin stred in public institutins is pen, except in the cases determined by law; Infrmatin shuld be prvided immediately upn request. The term fr the prvisin f infrmatin can be extended up t 10 days, if the requested public infrmatin requires: a. Seeking and prcessing f the infrmatin frm administrative subdivisins that exist in ther lcalities r frm ther public institutins; b. Lcatin and prcessing f unrelated dcuments f cnsiderable vlume; c. Cnsultatins with administrative subdivisins r ther public institutins that exist in ther lcalities; The law des nt blige the persn seeking infrmatin t indicate the purpse f the infrmatin being sught; In public institutins, sessins are cnducted publicly except if therwise prescribed by the law; It is inadmissible t make infrmatin such as abut the envirnment, data n dangers that threaten a persn s life r health, main principles and directins f the activities f public institutins etc, secret. 14 Under the General Administrative Cde f Gergia, public infrmatin means an fficial dcument (draft, maquette, plan, scheme, pht, electrnic infrmatin, vide and audi recrdings), including thse kept by a public agency, and thse received, prcessed, created, r sent by a public agency r public servant within its fficial authrity 15. 13 https://matsne.gv.ge/index.php?ptin=cm_ldmssearch&view=dcview&id=16270&lang=ge 14 https://matsne.gv.ge/index.php?ptin=cm_ldmssearch&view=dcview&id=16270&lang=ge http://www.tbappeal.curt.ge/?lan=ge&cat=20&sub=185&rec=838 Tamar Chugshvili, Nin Lmjaria, Tamar Krdzaia. Freedm f infrmatin in Gergia. 2007 15 General Administrative Cde f Gergia Article 2, paragraph1, subparagraphs l. 14

Chapter three f the Cde includes the regulatry prvisins n the freedm f infrmatin, which hld the public institutins liable t ensure that the public infrmatin kept in their agencies transparent and accessible fr interested parties. Public infrmatin is divided int public and nn-public infrmatin. Public infrmatin shall be pen except in cases where applicable legislatin cnsiders them as cnfidential. Nn-public infrmatin includes persnal data, state r cmmercial secrets, as well as the data prtected by means f the executive privilege 16. The cncept persnal data, its prtectin, and prcessing are regulated by the Law f Gergia On Prtectin f Persnal Data. Under the law, persnal data is any infrmatin pertaining t an identified r identifiable natural persn. An identifiable persn is ne wh can be identified directly r indirectly, in particular by reference t an identificatin number r t the factrs specific t his/her physical, physilgical, mental, ecnmic, and cultural r scial identity. 17 Under Article 27 2 f the General Administrative Cde f Gergia, cmmercial secret means any infrmatin cncerning the plan, frmula, prcess r means that cnstitute a cmmercial value, r any ther infrmatin that is used t prduce, prepare, r reprduce gds, r prvide service, and/r which represents an innvatin r a significant technical accmplishment, r any ther infrmatin, disclsure f which culd reasnably be expected t cause cmpetitive harm t a persn. N infrmatin cncerning an administrative agency shall be cnsidered a cmmercial secret. Particular infrmatin cnstituting a state secret shall be defined by the legislatin n state secret. Under Article 2 f the Law f Gergia On State Secret (definitins), state secret is a kind f infrmatin that includes data in the areas f defence, ecnmy, external relatins, intelligence service, state security and prtectin f law and rder, disclsure r lss f which may inflict harm t the svereignty, cnstitutinal framewrk r plitical and ecnmic interests f Gergia, and which is deemed t cnstitute a state secret accrding t the rule prescribed by this Law and which is subject t the state prtectin 18. The General Administrative Cde f Gergia determines the rules f requesting and receiving infrmatin as well as the terms fr its prvisin. Under the Cde, everyne has the right t request public infrmatin irrespective f its physical frm r the cnditin f strage. Everyne may chse the frm f receipt f public infrmatin, if there are varius frms f its receipt, and gain access t the riginal surce f infrmatin. If there is a danger f damaging the riginal, a public agency shall prvide access t the riginal under supervisin r prvide a duly certified cpy f the dcument 19. 16 Under Article 29 f the General Administrative Cde f Gergia, names f public servants participating in the preparatin f a decisin by an fficial shall be prtected frm disclsure by means f the executive privilege. 17 https://matsne.gv.ge/index.php?ptin=cm_ldmssearch&view=dcview&id=1561437&lang=ge 18 Law f Gergia On State secret 19 General Administrative Cde Article 37, paragraph 1 15

In rder t btain public infrmatin, a persn shall submit a written request. Frm 1 September 2013, it will be pssible t receive infrmatin electrnically 20. The applicant shall nt be required t specify grunds r purpse fr requesting the infrmatin. A public agency shall release public infrmatin immediately, r n later than ten days 21 frm the date f request. N fees shall be charged fr distributing public infrmatin, except fr cpying csts 22. An applicant shall be immediately infrmed abut the denial t release public infrmatin by a public agency. If the access t public infrmatin is denied, the agency shall prvide an applicant with the infrmatin cncerning his/her rights and prcedures fr filing a cmplaint within three days after the decisin is rendered. The agency shall als specify thse s departmental units r public agencies, which prvide suggestins regarding the decisin 23. The Chamber f Administrative and Other Cases f the Supreme Curt f Gergia explains that under the law, all public agencies dispsing f the requested infrmatin are liable t release infrmatin regardless f the fact whether they are the authrs f the infrmatin (created, prcessed, etc.). Such apprach f the legislatin is aimed at establishing and creating guarantees fr the access t public infrmatin. The Curt f Cassatin explains that in case f refusal t release infrmatin, a public agency is restricted even when the requested dcument is nt stred in the public institutin. Under such circumstances, the agency is bliged t fllw the imperative prvisin f paragraph 1 f Article 80 f the General Administrative Cde, which requires an administrative agency t refer the applicatin and the attached dcuments t the applicable administrative agency (where the requested infrmatin is stred) and infrm the applicant abut the same 24. The situatin regarding freedm and accessibility f infrmatin in Gergia has been reflected in many studies cnducted by varius rganisatins. In this respect, we can distinguish the studies carried ut by The Institute fr Develpment f Freedm f Infrmatin, Gergian Yung Lawyers Assciatin, Transparency Internatinal Gergia and thers. The activities implemented by the abve rganisatins serve t raise the awareness f citizens abut legislative issues, supprt the develpment f civil sciety, create free infrmatin space in Gergia, and facilitate access t public infrmatin. In this directin, the studies cnducted by the Institute fr Develpment f Freedm f Infrmatin are f great imprtance. Amng thse studies, the fllwing are wrth mentining: Freedm f Infrmatin and Internet Regulatin in Gergia, Electrnic Management 20 Part 3 f Article 37 f the Cde 21 Article 40, paragraph 1 f the Cde 22 General Administrative Cde, Article 38 23 Article 41, paragraph 2 f the Cde 24 Judgment f 5 June 2007 n the case br -1061-1012 (J-06) f the Chamber f Administrative and Other Cases f the Supreme Curt f Gergia 16

in Gergia: the Wrld Trends, Electrnic Management and Electrnic Transparency Internatinal Trends and Gergia, Public Agencies f Gergia, Access t public Infrmatin in Gergia, Practive Publishing f Curt Statistics and Other Type f Public Infrmatin n Curt Websites, Expenses and the Scheme f Financing f the Cnstructin f the New Parliament, etc. 25 One f the prjects f the rganisatin is wrking n the creatin f public infrmatin database 26. The studies reflect cmparative analysis f different practices in Gergia and ther develped cuntries, reprt n the mnitring f Gergian curt system s electrnic resurces, analysis f expenses incurred fr the cnstructin f the Parliament f Gergia based n the dcumentatin f the rganisatin. The research cnveys real practices, based n specific examples, regarding the accessibility t public infrmatin in Gergia. One f the mst imprtant directins in the activities f Gergian Yung Lawyers Assciatin (GYLA) is strategic jurisdictin regarding freedm f infrmatin. The rganisatin cnducted varius studies in this sphere, amng them Freedm f infrmatin in Gergia Analysis f Curt Practice, Freedm f Infrmatin Brderline between Legitimate Restrictin and Public Interest, Mnitring f Activities in Supprt f Internally Displaced Persns, Freedm f Infrmatin in Gergia -2011, Cnstructin f the Parliament f Gergia in Kutaisi, and Rehabilitatin behind the Facade are ntable. In 2011, the rganisatin created GYLA s public infrmatin database, which includes GYLA s applicatins requesting public infrmatin filed with different agencies as well as subsequent respnses 27. The cntent f studies cnducted by GYLA includes analysis f practices f the Gergian Parliament, Ministries, State Chancellery, Curt System, Central Electral Cmmissin, Natinal Bank, self-gvernment bdies f cities and ther public institutins regarding freedm f infrmatin and accessibility and identificatin f prblems in this sphere 28. One f the aims f the activities f nn-gvernmental rganisatin Transparency Internatinal Gergia is t ensure the transparency and direct accuntability f state institutins 29. In rder t achieve the abve stated aim, the rganisatin has cnducted several studies, amng which Open Gvernance in Gergia Achievements and Challenges, Use f Administrative Resurces fr Electin Campaign, Research int Financing f Plitical Parties, and Access t Infrmatin, Accuntability and Aid t Gergia are ntable 30. Based n the analysis f the abve data, it can be said that varius rganisatins have cnducted cmprehensive studies regarding freedm f infrmatin and accessibility, which naturally 25 http://www.idfi.ge/?cat=researches&lang=ka 26 http://www.pendata.ge/?lang=ka#!lang/ka/cat/abut_prject 27 http://gyla.ge/ge/effective_gvernance/anti_crruptin_wrk 28 http://gyla.ge/ge/news?inf=850 29 http://transparency.ge/misia 30 http://transparency.ge/ur-research 17

will have a psitive effect in this sphere cuntrywide. Hwever, as we have nted in the intrductin, research t reflect the data n the freedm and accessibility f infrmatin fr persns with disabilities did nt exist befre. Implementatin f awareness campaign and educatinal wrk abut access t infrmatin was part f the 2010-2012 gvernment actin plan n scial integratin f persns with disabilities, apprved by the Gvernment f Gergia. It remains ne f the directins f 2013-2016 actin plan (currently under develpment). It shuld als be nted that n full-scale mnitring f activities envisaged by 2010-2012 actin plan n scial integratin f persns with disabilities has been carried ut, fr instance, t study the situatin regarding freedm f infrmatin and accessibility. REALISATION OF THE RIGHT TO INFORMATION ACCESSIBILITY IN RELATION TO PERSONS WITH DISABILITIES Based n 2006 UN Cnventin n the Rights f Persns with Disabilities, exercising the right t freedm f infrmatin and accessibility plays an exceptinal rle in imprving the cnditins f persns with disabilities. Often, the implementatin f this right becmes the necessary cnditin fr the realisatin f ther rights by disabled persns. Fr instance, it ensures the pssibility that persns with disabilities have the access t a fair curt r human rights prtectin mechanisms. It has t be admissible by the law that blind r deaf persns are able t file a cmplaint by using Braille r sign language (fr instance, in England, the Equality Act envisaged the bligatin f such adaptatin). Legislatin shuld envisage the bligatin f public agencies t make infrmatin accessible in a crrespnding frmat. The right guaranteed by the abve Article f the Cnventin als implies that a persn with disability des nt have t wait t receive accessible infrmatin lnger than ther persns 31. In accrdance with internatinal practices, ensuring the accessibility f infrmatin is nt a cstly interventin as it imprves the lives f persns with disabilities in many aspects (it is implied that it is easier t read the price f a prduct, enter a building t take part in a meeting, learn timetables f buses, surf websites etc.). Media is a recgnised means t access all the imprtant surces f infrmatin, cultural and sprting events etc. In cperatin with media industry, the state shuld supprt full access t media cntent. TV prgrams shuld be made accessible by means f sub-titles, r ther alternative surces, fr peple with impaired hearing and the elderly. Such measures have been taken by mre than 30 cuntries arund the wrld. The Internet can create pssibilities fr all, but it is the mst cnvenient tl t access infrmatin fr persns with disabilities. At the end f 2006, 100 websites f the state agencies f 10 cuntries (Belgium, Cratia, the United Kingdm, Finland, Germany, Greece, Pland 31 http://www.equalityhumanrights.cm/upladed_files/publicatins/uncrpdguide.pdf 18

and Spain) were evaluated in accrdance with internatinal standards established by the wrld netwrk cnsrtium 32. The websites f institutins such as the ministries f Ecnmics, Internal Affairs, Freign Affairs, Labur, Health and Scial Prtectin, Culture, Envirnmental Prtectin, Justice and Educatin were amng thse evaluated. The evaluatin criteria included cntent, interface, structure and rganisatin, navigatin, rientatin, pssibility f interactin, functins, reliability, accessibility, penness, safety, etc. As a result f the research, it turned ut that mst f the evaluated websites, in general, met internatinal standards fr average users in terms f accessibility. Hwever, it als turned ut that majrity f them (70%) did nt cnsider the needs f the blind, persns with impaired visin, the deaf, persns with impaired hearing, and even thugh mdernisatin f sme websites t make them accessible fr persns with disabilities was quite simple. Hwever, mdernisatin f majrity f these websites required much wrk. The Internet is the main channel fr a persn with disability t receive infrmatin abut educatin, emplyment, news, and health issues. Besides, it allws invlvement in public life and making cntacts thrugh scial netwrks. Persns wh d nt have access t Internet are in a certain way deprived f the pssibility f being invlved in public prcesses. Access t infrmatin is as much imprtant during an emergency as it is during nrmal perids. It has been prved that during natural disasters, persns with disabilities d nt get as much supprt as ther persns. 33 RESEARCH OUTCOME ANALYSIS OF REQUESTED INFORMATION During the investigatin f the level f accessibility f infrmatin fr persns with disabilities, prvided by PDO Center, it was fund that in 2012, persns with disabilities did nt apply in writing t mst f the ministries t request infrmatin. Under the letter 34 frm the Ministry f Internally Displaced Persns frm the Occupied Territries, Accmmdatin and Refugees f Gergia, During 2012, n internally displaced persns were identified amng thse wh requested public infrmatin. Cnsequently, there was n need t use specific means f cmmunicatin. Accrding t the infrmatin prvided by the Ministry f Finance f Gergia, N persn with disabilities addressed the Ministry f Finance f Gergia with a request t release public infrmatin during 2012. 35 32 Atalglu M.P., Ecnmides A.A., (2009), Evaluating Eurpean Ministries Website, Internatinal Jurnal f Public Infrmatin Systems, vl 3. 33 Frm Exclusin t Equality. Realizing the rights f persns with disabilities. Handbk fr Parliamentarians n the Cnventin n the Rights f Persns with Disabilities and its Optinal Prtcl. OHCHR/IPU Geneva 2007 34 Crrespndence #06 06/14893 dated 13 December 2012 35 Crrespndence #01 02/81345 dated 14 December 2012 19

Accrding t the crrespndence received frm the Ministry f Sprt and Yuth Affairs f Gergia, N persn with disabilities has addressed the Ministry f Sprt and Yuth Affairs f Gergia with the request t release public infrmatin since January 2012 t date. The Ministry f Sprt and Yuth Affairs f Gergia des nt have the service f sign language interpretatin and there are n specialised prgrams fr the prvisin f infrmatin t persns with disabilities in the ministry. 36 Hwever, it is interesting t lk at the apprach f persns infrmatin in the ministries. in charge f prviding public The letter frm the Ministry f Ecnmics and Sustainable Develpment f Gergia, 37 mentins that, In the year 2012, the persn respnsible fr prviding public infrmatin at the ministry did nt receive any applicatin which indicated whether the applicant was a disabled persn. The situatin is similar in the Ministry f Labur, Health and Scial Affairs f Gergia 38, which says, There are n identificatin r distinguishing signs attached t citizens applicatins. Therefre, we are nt in a psitin t prvide any infrmatin abut hw many persns with disabilities have addressed us with requests fr public infrmatin. It is imprtant t nte that bth the ministries cnsider that identificatin f a disabled persn is pssible nly if a persn s disabilities are mentined in the letters addressed t them, which the Public Defender s Office des nt cnsider as an ptimal means f identifying persns with disabilities. Fr sme reasn, nne f the Ministries cnsidered prviding special services (fr instance, use f Braille in crrespndence with visually impaired persns) in the cases f requests fr public infrmatin by persns with disabilities. Since the majrity f ministries d nt have relevant practices f cmmunicatin and release f infrmatin specific t persns with disabilities in an adequate frmat, prviding special services is almst impssible due t the existing circumstances. This can be prved by the infrmatin prvided by the ministries in reply t the secnd questin f the Public Defender regarding the ways f disseminatin f infrmatin thrugh adequate means t make it accessible fr persns with disabilities. Accrding t the letter f the Ministry f Envirnmental Prtectin 39, At this stage, the ministry is unable t prvide specific services t persns with impaired visin and hearing (Braille, nnstandard script, and sign language interpretatin). It is interesting t see the apprach f the Ministry f Ecnmics and Sustainable Develpment f Gergia twards the issue, which shifts the respnsibility fr the prvisin f infrmatin entirely t mass media. Accrding t its letter 40, Varius prgrams and events f the ministry are cvered by the existing mass media (televisin, press, infrmatin agency and scial netwrks), and infrming persns with disabilities depends n the technical resurces f these mediums. Hwever, the abve respnse des nt cnsider the fact that ften the infrmatin cvered by 36 Crrespndence #1669 18.12.2012 37 Crrespndence# 08/22001, dated 18 December 2012 38 Crrespndence# 01/79436, dated 18 December 2012 39 Crrespndence #4164 dated 20 December 2012 40 Crrespndence#09/22001 dated 20 December 2012 20

media is inaccessible t persns with special cmmunicatin needs. The same apprach is shared by the Ministry f Agriculture f Gergia, whse letter says 41, We disseminate infrmatin n the prgrams implemented by the Ministry f Agriculture via all currently existing surces f mass media. At the same time, nt a single agency mentined in its respnses the facts regarding the effective use f the resurces specially allcated by the state fr the abve purpse. In the letter f the Ministry f Labur, Health and Scial Prtectin, it is stated that, Under reslutin #503, 29 December 2011, f the Gvernment f Gergia, within the framewrk f prgrams Scial Rehabilitatin and Child Care State Prgram f 2012, Sub-prgram n the Supprt f Cmmunicatin with Deaf Persns, persns with impaired hearing can enjy the service f sign language interpretatin at the fllwing institutins: lcal self-gvernment bdies, Gergian curts, patrl plice Department at the Ministry f Internal Affairs, legal entities f public law under the Ministry f Justice f Gergia State Service Develpment Agency and Natinal Agency f Public Registry, and the legal entity f public law Scial Service Agency s territrial units under the Ministry f Labur, Health and Scial Prtectin f Gergia 42. Based n the analysis f the infrmatin btained frm state agencies within this research, we can cnclude that the index f activeness f persns with disabilities in terms f requesting infrmatin frm these agencies is significantly lw. Such inactivity can be due t several factrs: lw level f accessibility t infrmatin fr persns with disabilities and lack f awareness f the right guaranteed by the Cnstitutin; and inactivity f the ministries in prviding and supplying infrmatin practively and in raising ppulatin s awareness. The data btained frm the fcus grups cncerning the same issue has nce mre established the existence f impediments t prviding infrmatin t persns with disabilities. RESULTS OF FOCUS GROUP DISCUSSIONS Representatives f nn-gvernmental rganisatins wrking n disability rights, persns with disabilities and their family members tk part in three fcus grup discussins cnducted within the framewrk f this research (1- in Tbilisi, 2- in Imereti regin). During these discussins, several imprtant challenges t freedm and accessibility f infrmatin t persns with disabilities became apparent. Sme f these challenges are, failure f public agencies t release infrmatin as per the standards set by the law; nt using sign language while cmmunicating with persns with impaired hearing by the representatives f the Scial Service Agency; and 41 Crrespndence#01 09 09/3993 dated 14 December 2012 42 Crrespndence #01/79436 dated 18 December 2012 21

prblems with giving infrmatin during the calls fr emergency services (such as ambulance, fire-brigade, patrl plice, etc) by persns with impaired hearing and speech. One f the participants said, While cmmunicating with the scial wrker f Scial Service Agency, a persn with impaired hearing and speech requested fr the service f sign language interpretatin, but was refused. We wnder why it cannt be prvided, as we knw that the abve service is funded by the state. Prbably there are nt enugh sign language specialists and they d nt have enugh finances t increase their number. During the discussin, it was emphasised that the level f awareness f persns with disabilities is very lw. These peple knw very little abut their rights and the liabilities f state structures twards them. One participant bserved that, Many citizens d nt knw anything abut the rules f requesting infrmatin. In this regard the level f awareness f the sciety is very lw. It wuld be gd t cnduct trainings, prepare leaflets and enhance scial advertising. Discussin participants directed their attentin t the prblems persns with impaired hearing and speech encunter while calling emergency services (ambulance, fire-brigade, patrl plice, etc.). This can lead t unfrtunate results fr persns with disabilities in need f emergency help. One participant bserved, Hw shuld they manage t call an ambulance r any ther emergency service, especially during night hurs? In many develped cuntries, there is an SMS (Shrt message service) facility t address this issue. Prbably, it wuld nt be difficult t intrduce a similar service in Gergia t. During the fcus grup discussin in Kutaisi, the need t strengthen rganisatins with the participatin f persns with disabilities, in rder t ensure the cllectin and disseminatin f infrmatin in an rganised manner fr the cmmunity with special needs, became evident. A participant bserved that, Organisatin fr persns with impaired hearing has n access t the Internet. The Internet wuld allw me t btain necessary infrmatin. Participants als pinted ut abut pr and impeded cmmunicatin with lcal self gvernment bdies, with ne participant bserving, We get infrmatin abut the prgrams funded by lcal self-gvernment bdies very late. We file applicatins but they ften d nt respnd. Anther prblem that was highlighted was abut identifying the crrect addresses t make requests fr infrmatin, a prblem nt envisaged by the law. As it turned ut, persns with disabilities living in the regins d nt knw the difference between the functins f central and lcal self-gvernment bdies, particularly abut delegated and exclusive authrities. They ften address lcal municipalities regarding the prgrams implemented by the natinal gvernment. As a result, nt nly their requests are denied, they are nt given any explanatin abut the grunds fr denial, and are nt referred t the crrect addresses. A participant bserved, When we have infrmatin abut certain prgrams, we ften apply fr them, but are ften denied assistance r smetimes receive negligible sums. 22

In the same cntext, anther fcus grup participant said, Althugh it is true that my child has insurance since September, we have n infrmatin abut what the insurance cvers. We d nt even knw where t g t find ut abut it. Certain difficulties were als identified regarding disseminatin f infrmatin abut activities and wrks perfrmed by civil sciety and human rights rganisatins. Persns with disabilities ften d nt have infrmatin abut the resurces and pssibilities that exist in the nngvernmental sectr. In this cntext, ne participant bserved that, My spuse is blind. We have n infrmatin whether there is any rganisatin that wrks fr the prtectin f the rights f the blind and/ r persns with impaired visin in Imereti. We wuld als like t knw if there is any prgram regarding the emplyment f persns with disabilities. During these discussins, everywhere and especially in the regins, the increasing need fr cmmunicatin between persns with disabilities, their family members, and the representatives f lcal gvernment was reprted. As the participants f the fcus grups nted, they d nt have the pssibility t get infrmatin and knw abut the existing services, and the means t prtect their rights, directly frm the representatives f ministries. Neither d they have any pssibilities t make their wn cntributin t the planning f future prgrams and initiatives f these agencies. All the abve factrs exacerbate the prblem f cmmunicatin between lcal ppulatin and state agencies as well as representatives f self-gvernment units, which in turn impedes full realisatin f their civil and plitical rights. RESULTS OF QUANTITATIVE RESEARCH SOCIAL-DEMOGRAPHIC CHARACTERISTICS The Majrity f respndents, 66%, wh participated in the research are Tbilisi residents; 1% resides in Telavi; 2.1% in Gri; 28.9% in Kutaisi; and 2.1% in Tskhaltub (χ2=155.01, df=4, p<0.0001). The ttal number f respndents frm the regins was 34%. 41.8% f the respndents were men and 58.2% were wmen. The age f respndents fluctuates between 18 and 75. Fr analytical purpses, the respndents were divided in tw age grups, belw and abve 40 years f age. 59.1% f the respndents were in the first grup and 40.9% in the secnd grup. N significant difference was revealed in these grups accrding t the number f respndents. 23

Significant number f research participants, 65.4%, used the additinal means f cmmunicatin and mbility aids. In the sample cllected, statistically, mre persns used alternative cmmunicatin means (χ2=7.385, df=1, p<0.007); amng them 50% used wheelchair; 12% used hearing devices; 2% used ther alternative means; 6% used Braille script; 6% used sign language interpreters; 2% used crutches; 6% used white cane; and 16% used walking stick (χ2=70.64, df=7, p<0.0001). 23.2% indicated the type f their disability. Out f these, 47.8% f respndents had a prblem with visin; 43.5% suffered frm hearing prblem; ne respndent reprted mental ineptitude; and anther reprted psychmtr retardatin. 63.6% f respndents indicated their relatin t the categry f persns with disabilities (63 respndents). Out f them, 52.4% were persns with disabilities; 44.4% were family members f persns with disabilities; and 3.2% (2 respndents) were the representatives f the rganisatins fr persns with disabilities (χ2=26.381, df=2, p<0.0001). LEVEL OF AWARENESS OF RESPONDENTS ABOUT THE RESEARCH TOPIC Of the 98% (97 ut f 99) f respndents wh answered the questin, D yu have infrmatin abut the legislatin n freedm f infrmatin and accessibility? 35.1% indicated that they were familiar with the abve issue. Far mre respndents (64.9%) indicated that they were nt familiar with the legislatin (χ2=8.67, df=1, p<0.003). Hwever, accrding t the data, 35% f the respndents wh cnsider themselves as infrmed d nt have cmplete infrmatin. The questin What type f infrmatin can be requested frm state bdies? was answered by 96% (95 respndents ut f 99). 13.6% f respnses were abut the pssibility f requesting persnal infrmatin; 3.9% - abut the pssibility f requesting cmmercial infrmatin; 5.8% - abut the pssibility f requesting prfessinal infrmatin; 73.8% - abut the pssibility f requesting public infrmatin; and 2.9 % - abut the pssibility f requesting cnfidential infrmatin. The questin, Is the receipt f infrmatin frm a public agency cnnected with any kind f payment? was answered by 98%. 23.5% ut f them gave psitive respnse; majrity f respndents (71.4%) respnded negatively, and 5.1% had a vague attitude t this questin (χ2=68.959, df=2, p<0.0001). REALISATION OF RESPONDENTS OWN RIGHTS 96% f respndents answered the questin, Have yu ever addressed a public agency by telephne r thrugh verbal cmmunicatin t receive infrmatin? 41.1% respnded 24