Ensuring the right of access to information
Under the Constitutional Law on the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan, the Ombudsman supervises the execution of duties arising from the requirements of the Law of the Republic of Azerbaijan on Access to Information by the state institutions, municipalities, and public legal entities, as well as their officials.
Moreover, the Ombudsman has a power prescribed in Article 13-1 of the Constitutional Law regarding specific aspects of consideration of complaints about the violation of the right to obtain information.
Target 16.10 of the UN Sustainable Development Goals (SDGs) stipulates that, as a fundamental right, public access to information shall be ensured in accordance with national legislation and international agreements. A number of measures are taken to build an internet network, to promote open government, to ensure openness of information of public importance, and to ensure the right of access to information across the country.
The Department for the Protection of the Right to Information in the Ombudsman Office has been established at the initiative of the Ombudsman to ensure implementation of the powers established by Article 50 of the Constitution of the Republic of Azerbaijan, Article 1.3 of the Constitutional Law of the Republic of Azerbaijan “On the Commissioner (Ombudsman) for Human Rights of the Republic of Azerbaijan,” as well as the Law of the Republic of Azerbaijan “On Access to Information” and to further improve its activities in the field.The department consists of two units – Unit on Provision of the Right to Information and Unit on Analysis and Monitoring.
The department is responsible for ensuring the right to information in accordance with the legislation, reviewing and responding to information requests about violation of the right to information, protecting and promoting the right to information, conducting legal awareness activities, monitoring and analyzing in this area, and others as provided by the law.
The Ombudsman deals expeditiously with all incoming applications about the violations of the Law on Access to Information by the information-holding state bodies, municipalities, public legal entities, and their officials within the Ombudsman’s mandate; sends inquiries to the competent bodies for the elimination of law violations; examines the appeals; responds to information requests; and organizes a range of legal-awareness events (seminars, training, conferences, and etc.) on relevant topics.
The Ombudsman, Chief of Staff, and Deputy to Chief of Staff are entitled to compile a protocol on administrative violations on behalf of the Commissioner for Human Rights of the Republic of Azerbaijan, as prescribed in Articles 371-374, 382, and 554 of the Code of the Administrative Offenses, in accordance with Presidential Decree No.1361 dated 3 May 2017 on the approval of the “List of officials authorized to compile protocols on administrative offenses considered by district (city) courts.”
The Ombudsman constantly proposes suggestions and recommendations to the relevant bodies for the advancement of the legislation regarding the right to information. Effective cooperation is continued with state bodies, NGOs, relevant international organizations, and national human rights institutions in this direction.
The set of proposals made by the Ombudsman was considered while adopting the Cabinet of Minister’s Decision No. 158 dated 26 July 2012, determining the list of paid information services, payment rules for the preparation and submission of information, terms of provision of information with advance payment, discounts that can be made at the time of payment, and criteria and rules for providing information requests by contract.
In light of the aforementioned, as well as the significance of promoting the right to information, numerous educational events are carried out across the country, and social video and educational publications are developed and made available to the public.
The Commissioner for Human Rights of the Republic of Azerbaijan (Ombudsman) was elected in 2023 as a full member of the International Conference of Information Commissioners, which brings together information ombudsmen from many countries of the world, along with other organizations dedicated to protecting the right to information, is widely recognized for its strong reputation in ensuring access to information.
One of the fundamental components of human rights and liberties is the freedom of information, and one of the fundamental requirements of citizens is to be informed about the ever-changing social processes. An essential component of citizens' freedom of opinion is the right of every individual to be informed about all facts and events that have an impact on the social environment and are significant and fascinating to individuals. With the Commissioner's attention, the protection of the right to information is continuously being developed.
The Law on Access to Information of the Republic of Azerbaijan
Guide on the Law on Access to Information of the Republic of Azerbaijan
Booklet on "Let's ensure the right of access to information"
Booklet on "Know your right to information"
"Rights of access to information of foreigners and stateless persons" (AZE)
"Rights of access to information of foreigners and stateless persons" (ENG)
"Rights of access to information of foreigners and stateless persons" (RUS)
"Rights of access to information of foreigners and stateless persons (UKR)
Brochure on "Right of access to information!"
Booklet on "Implementation of the Law on Access to Information in Azerbaijan: The activities of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan"
