On Feb. 5, 2021, PILP initiated proceedings against the Minister for Foreign Trade and Development Cooperation (BHOS) over the right to access information about an arms export license to Egypt. The minister has not made public any document found while it should be according to law and human rights. Thus NGOs are denied access to information on such an important and controversial topic as Dutch arms export policy.
PILP had asked for information about a permit for the export of military equipment from the Netherlands to Egypt, in order to verify whether a proper and complete human rights assessment had been carried out prior to the granting of that permit. The Minister for BHOS unfairly denied the request. In fact, the requested information would be covered by Customs’ professional secrecy. PILP was not allowed to see any of the documents. PILP therefore wrote a detailed objection to this decision.
Especially with a topic like arms exports, it is important for NGOs to have access to and be able to review the underlying decision-making. “The Netherlands is internationally known as one of the most progressive countries when it comes to disclosing data on arms exports. It is precisely the Wet openbaarheid van bestuur (Wob) (Government Information (Public Access) Act) that stood at the cradle of that transparency. That now, after previous successful appeals to that law, a similar request is being rejected is indigestible and unworthy of the reputation of the Netherlands,” said Frank Slijper, arms trade expert at PAX.
The openness of government information and access to such information for journalists, NGOs and citizens is of great importance for democratic control and the proper functioning of the rule of law. Thereby, according to the European Court of Human Rights, journalists and NGOs function as public watchdogs. This makes access to information part of freedom of expression. Secrecy can infringe on these human rights.
Consequently, in January 2021, the new Open Government Act was passed by the House of Representatives to strengthen the openness of information in the Netherlands. In light of these developments, it befits the Minister for BHOS to give sufficient weight to the right to information, and to exercise great restraint when it comes to invoking secrecy.
Rosa Beets, lawyer at PILP: “It is of undeniable importance for journalists or an organization like PILP to have access to government information. Without that information, we cannot expose abuses and hold the government responsible for them. The recent benefits affair at the Inland Revenue demonstrates well the importance of public access to government information.”
For more information on arms exports and human rights, see here.
