Here is a machine translation of the Dutch refusal and reason the Foreign Ministry would not share its letter to the WHO regarding reservations to the 2022 amendments
I bolded the most relevant sections
Date March 22, 2024
Subject Response to your Woo request
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Director of Legal Affairs
Rijnstraat 8
2515 XP The Hague
P.O. Box 20061
2500 EB The Hague
The Netherlands
www.rijksoverheid.nl
The Netherlands
www.nederlandwereldwijd.nl
Contact
Directorate of Open Government
E woo@minbuza.nl
Dear ______,
In your request of January 18, 2024, received by me on the same day,
you requested my ministry to disclose the letter dated 16
August 2023 from the Ministry of Foreign Affairs to the
World Health Organization (WHO), expressing reservations
regarding WHO’s decision to amend the International
Health Regulations of 2005.
Receipt of your request was acknowledged by e-mail on January 25, 2024.
On February 14, 2024, the decision period was adjourned by 2 weeks by e-mail.
With regard to your request for information, I inform you as follows
Legal framework.
Your request falls within the scope of the Woo. For the relevant Woo
articles I refer you to the appendix.
Inventory of documents
Based on your request, a total of 1 document has been found. This
document is included in an inventory list, which is attached as an appendix to this decision
is attached. The inventory list states the assessment of this document.
Decision
I decide not to disclose the inventoried document. The
inventory list indicates the ground for exception.
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Date: March 22, 2024
Considerations
General consideration: openness to all
First, I would like to point out the following.
Everyone has the right to be able to request government information
without having to give a reason. This is stated in the first
article 1.1. of the Woo. This is an important citizen’s right. Thereby
principle is that government information is public, unless
there are grounds for exceptions that limit this. The grounds for exceptions
are found in chapter 5 of the Woo. I must weigh the general interest
of public access against the interests that the grounds for exceptions protect.
Grounds for exceptions protect. In general, the rule is
that when I provide information to you, it is public to everyone.
The Woo does not apply to information that is already public.
General principles in assessing the grounds for exception
The test against the grounds for exception is as follows. First I look at
whether one of the grounds for exceptions applies. I usually do that per paragraph,
sometimes per sentence. Then I see what kind of ground for exception it is.
If it is an absolute ground for exception, I may not
provide the information. If it is a relative ground for exception, I have to make a
balance between the general interest in disclosure and the
specific interest that the ground of exception protects. In doing so, the
interest of publicity weighs heavily.
The interest of the Netherlands’ relations with other countries and
States and with international organizations
Pursuant to Article 5.1, second paragraph, opening words and under a, of the Woo
No information shall be disclosed if this affects the relationship of the Netherlands
with other countries and states and with international organizations
damage. This ground for exception is intended to prevent the
statutory duty to provide information would result in
that Dutch international relations would suffer damage. That
is the case, for example, if, as a result of the provision of
information pursuant to the law, it is anticipated that international contact will
will become more difficult at certain points, with the result, for example, that
that the maintenance of diplomatic relations, or the conduct of
bilateral consultations with other countries, states or international organizations
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Date: March 22, 2024
would become more difficult than before, or that people in those other countries
States or international organizations would be less inclined to
cooperation than before.
It is noted here that for the existence of the presumption that
diplomatic relations will deteriorate as a result of the
disclosure of certain information does not always require a concrete
indication in the form of an express notification from another
country, state or international organization to non-disclosure
necessary, if from the nature and content of the information requested
may indicate that it is confidential.
I further note that invoking this ground for exception is not
only reserved for situations involving (diplomatic)
documents relating to diplomatic relations with another state or states.
states. Also in situations involving internal, interdepartmental or
other e-mail exchanges or diplomatic communication and in which
discussed about ongoing diplomatic processes or, for example, a
confidentially shared vision or a proposal by a member state, invoking this exception
invoking this ground for exception may be appropriate.
Diplomatic traffic
The Ministry of Foreign Affairs is responsible for all
diplomatic contacts between the Netherlands and other countries c.q.
international organizations. It is of great importance that countries and
organizations can rely on the confidential nature of these
contacts. This concerns a letter from the Ministry of Foreign
Affairs to WHO. I anticipate that in the event of disclosure of
diplomatic communications in the future may be less inclined to provide me with
information, or that relations with this international
organization may be more awkward in the future. Considering the
importance of international and bilateral relations and the public
interest in disclosure, I find, in view of the foregoing, that the former
outweigh the former. I will therefore not disclose this information. At
the inventory list, the application of this ground for exception is
indicated by the designation “5.1.2.a”.
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Date: March 22, 2024
Method of disclosure and posting on the Internet.
This decision shall be posted at www.rijksoverheid.nl so that it is available to any
everyone.
If you have any questions regarding this decision, please contact
the Directorate of Open Government at woo@minbuza.nl.
The Minister of Foreign Affairs, on behalf of,
Director of Legal Affairs,
[This letter does not bear a signature. In a formal and secure
environment, it is recorded that the decision maker agrees to the contents
of this document and its transmission]. [This is a reveal that the officials working on the WHO transformation hate to be identifiable and accountable and shining a light on the WHO and its processes is essesntial.]
J.O. van der Loo
Against this decision you may, within six weeks of the day on which it was published
submit a notice of objection, addressed to the Minister of Foreign
Affairs, attn. Directie Juridische Zaken, postbus 20061, 2500 EB Den Haag.
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Date: March 22, 2024
Appendix 1 – relevant articles from the Woo
Article 1.1.
Everyone has the right of access to public information without having to declare an
interest, subject to restrictions imposed by this Act.
Article 2.1
In this Act and the provisions based on it, the following definitions shall apply:
document: a document made or received by a body, person or college referred to in Article 2.2,
first paragraph, made or received written document or other set of
recorded data which by its nature is related to the public task of
that body, person or college;
environmental information: that which is understood to mean in article 19.1a of the Wet
environmental management;
Our Minister: Our Minister of the Interior and Kingdom Relations;
public information: information laid down in documents held by an organ
body, person or college as referred to in Article 2.2, first paragraph, or information which
can be claimed by an administrative body pursuant to Article 2.3.
Article 2.5
In applying this Act, the general interest of
openness of public information for democratic society.
Article 4.1
1. Any person may address a request for public information to an
administrative body or an institution, service or company working under the responsibility of an administrative body
institution, service or company operating under the responsibility of an administrative body. In the latter case, the
responsible administrative authority shall decide on the request.
2. A request may be made orally or in writing and may be sent electronically
sent in the manner indicated by the administrative body.
3. The requester does not need to have an interest in the request.
4. In making the request, the applicant shall specify the matter or document
The applicant shall specify in his application the matter or related document on which he wishes to receive information.
5. If an application is formulated in too general a manner, the administrative body will request
within two weeks of receipt of the request, the administrative body shall ask the applicant to clarify the request and
specify the request and shall assist the applicant in doing so.
6. The administrative body may decide not to process a request if the
applicant does not cooperate with a request for clarification as referred to the fifth paragraph.
In deviation from Article 4:5, fourth paragraph, of the General Administrative Law Act, the
the decision not to deal with the request shall be announced to the applicant
within two weeks after the request has been made more precise or after the time limit set for this purpose has
period set for that purpose has expired unused.
7. A request for information shall be granted subject to the
provisions of chapter 5.
Article 5.1
1. The disclosure of information pursuant to this Act shall be withheld in so far as
to the extent that doing so:
a. could endanger the unity of the Crown;
b. might prejudice the security of the State;
c. involves business and manufacturing information that is confidential to the Crown by natural persons or
legal persons have confidentially disclosed to the government;
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Date: March 22, 2024
d. concerns personal data as referred to in paragraph 3.1 respectively
paragraph
e. concerns numbers that serve to identify persons prescribed by law or
order in council as referred to in article 46 of
the Dutch General Data Protection Regulation Implementation Act, unless the
provision clearly does not violate privacy.
2. The disclosure of information shall also be withheld to the extent that the
interest does not outweigh the following interests:
a. the Netherlands’ relations with other countries and states and with
international organizations;
b. the economic or financial interests of the State, other bodies governed by public law
bodies or administrative authorities, in the case of environmental information only to the extent that the
information relates to acts of a confidential nature;
c. the detection and prosecution of criminal offenses;
d. the inspection, control and supervision by administrative bodies;
e. the respect for privacy;
f. the protection of business and manufacturing information other than that referred to in subsection 1, section c.
competitively sensitive business and manufacturing data;
g. the protection of the environment to which such information relates;
h. the security of persons and companies and the prevention of sabotage;
i. the proper functioning of the State, other public bodies or
administrative bodies.
3. If a request for disclosure on one of the grounds mentioned in subsection 2
paragraph 2 is rejected, the decision shall contain an explicit
reasons.
4. Disclosure may be withheld temporarily if the interest of the
addressee of the information to be the first to take cognizance of the information clearly requires it.
clearly requires it. The administrative authority shall communicate to the applicant
the period within which publication will still take place.
5. In exceptional cases, disclosure of information other than
In exceptional cases, disclosure of information other than environmental information may also be withheld if disclosure would cause disproportionate
disproportionately prejudicial to an interest other than those mentioned in paragraphs 1 or 2
and the public interest in disclosure does not outweigh that disadvantage.
outweighs this disadvantage. The administrative authority shall base a decision not to disclose any information on this ground.
disclosure of any information on this ground with regard to the same
information not also on one of the grounds mentioned in the first or second paragraph.
grounds.
6. The disclosure of information shall, notwithstanding subsection 1,
subparagraph (c), in the case of environmental information shall also be withheld to the extent that
it seriously prejudices the interest referred to in subsection 1 (c)
and the public interest in the disclosure of information does not outweigh such harm.
outweighs such harm.
7. Subsections 1 and 2 shall not apply to environmental information that
relates to emissions into the environment.
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Date: March 22, 2024
Appendix II – Inventory List
No. Date ID Name Assessment Grounds
1 16-08-2023 1478380 Note verbal from BZ to WHO Not Public 5.1.2a