Procedural Guarantees Of Access To Information: International Standards And The Legislation Of The Republic Of Uzbekistan

Abstract

Effective access to information on the activities of public authorities depends on the coherence of disclosure procedures and remedies against refusals or inaction. Drawing on doctrinal legal analysis, a systemic interpretation of legislation and comparative legal analysis, this article conceptualises procedural safeguards as an interconnected system in which the accessibility of requests, the certainty of time limits, the reviewability of refusals and the effectiveness of remedies must be assessed together. A comparison of Uzbekistan’s legislation with the International Covenant on Civil and Political Rights, its interpretation by the United Nations Human Rights Committee and the European model of access to official documents identifies issues concerning the relationship between general and special procedures. Differences in the commencement of time limits, notification that information is not held and the conditions for deferred disclosure call for clarification of the applicable procedure. The article develops proposals for partial access, more specific requirements for reasoned refusals and acknowledgement of receipt of requests. It concludes that effective protection depends on actual disclosure while the information retains its value for public oversight.