Access to Information: Bolivia
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Access to Information: Bolivia
Access to Information
Main Headline GoesJuridical
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Inter-American
Committee
March 2, 2007
Laura Neuman
The Carter Center
Access to Information: Bolivia
Presentation
Outline
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and
Value
of access
information
(ATI)
 ATI vs. Habeas Data and Data Protection
 International and OAS framework
 Status of ATI in the OAS
 What is new in the Americas?
 What are other international bodies doing?
 What role could the Inter-American Juridical
Committee play?
Access to Information: Bolivia
Value
of Headline
AccessGoes
to Information
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 Fundamental human right, and critical to the exercise of
other rights
 Tool in the fight against corruption
 Increases accountability
 Promotes citizen participation
 Fosters more efficient public administration
 Improves use of scarce resources
 Encourages foreign investment
 Enhances confidence of citizen’s in their governments
 Social Inclusion
Access to Information: Bolivia
ATI vs. Habeas Data and Data
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Protection Laws
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Different rights, with different objectives and
processes that must be considered separately
Access to Public Information
1. Allows any person to request public documents
2. Not based on any personal interest
3. Purpose is to increase openness
Habeas Data
1. Allows a specific individual to access their own records or
documents related to them
2. Allows persons to request changes to personal documents
3. Purpose is to ensure accuracy in public records with relation to
specified individuals
Data Protection Laws
1. Allows individuals to ensure that their information remains private
2. Limits the collection of personal data and limits its use
3. Purpose is to protect private data of third parties, with disclosure
based on consent
Access to Information: Bolivia
International
and OAS
Framework
for the
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to Information
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 Article 19, Universal Declaration of Human Rights
 Article 19, International Covenant on Civil and Political
Rights
 Article 13, Inter-American Human Rights Convention
 Articles 4 and 6, Inter-American Democratic Charter
 Declaration at the Special Summit of the Americas,
Nuevo Leon (2004)
 General Assembly Res 2252 “Access to Public
Information: Strengthening Democracy”, Santo Domingo
(2006)
 General Assembly Res 2121 “Access to Public
Information: Strengthening Democracy”, Ft. Lauderdale
(2005)
 Office of the Special Rapporteur for Freedom of
Expression
Access to Information: Bolivia
Status
ATI inGoes
the Americas
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and
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LineATIGoes
COUNTRY
ATI Constitutional
Law
ATIHere
Decree
Considering ATI legislation
provision
Argentina
yes
no
yes
Did not pass both chambers of Congress
no
yes
−
−
Bahamas
no
no
no
Yes -- media promoting
Barbados
no
no
no
Yes
Belize
no
yes
−
−
Bolivia
no
no
yes
Draft law with cabinet
Voluntary Strategy pilot
Brazil
yes
no
no
Civil society groups promoting
Chile
yes
no
no
Civil society promoting, legislation drafting
law
Colombia
yes
partial
−
−
Costa Rica
yes
no
no
Civil society promoting, law project drafted
Cuba
no
no
no
no
Antigua &
Barbuda
Access to Information: Bolivia
COUNTRY
ATI Constitutional
Provision
ATI
ATI Decree
Considering ATI legislation
Dominica
no
no
N/A
N/A
Republic
•Dominican
Bullet
Ecuador
• ElBullet
Salvador
yes
yes
−
−
yes
yes
−
−
no
no
no
Civil society promoting
Grenada
no
no
no
N/A
Guatemala
yes
no
yes
Legislation in Congress
Guyana
no
no
no
Legislation in Parliament
Haiti
no
no
no
no
Honduras
no
yes
−
−
Jamaica
no
yes
−
−
Netherlands Antilles
N/A
N/A
N/A
N/A
Mexico
yes
yes
−
−
Nicaragua
yes
no
no
Legislation in Congress
Voluntary Strategy pilots
l
a
w
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Access to Information: Bolivia
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ATI
Constituti
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onal
COUNTRY
Provision
ATI Law
ATI Decree
Considering ATI legislation
Panama
no
yes
−
−
Paraguay
yes
no
no
Have been working on legislation
since repealing law in 2001
Peru
yes
yes
−
−
Saint Kitts and
Nevis
no
no
no
Legislation in Parliament
Saint Lucia
no
no
no
N/A
Saint Vincent and
Grenadines
no
yes
−
−
Suriname
no
no
N/A
N/A
Trinidad and
Tobago
no
yes
−
−
Venezuela
yes*
no
no
Civil society promoting
Uruguay
no
no
partial
Access to Information: Bolivia
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What
isHeadline
new in Goes
the Americas?
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 Work of the Committee on Juridical and Political Affairs
 Work of the Inter-American Juridical Committee
 Work of the Special Rapporteur for Freedom of
Expression
 Claude vs. Chile
 New legislation ex. Honduras
 Guatemala Declaration of Central American Presidents
 Social Charter
Access to Information: Bolivia
What are other International
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Bodies Doing?
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United Nations
1. Convention Against Corruption includes call for access to
information for all signatory states
2. UN Resolutions since 1997
3. UNDP supports adoption of ATI in member states
4. Special Rapporteur
5. Internal UN information policies
European Union
1. Mention of ATI included in Treaty on Europea Union and
Fundamental Rights
2. Research on ATI legislation in member countries
3. European Transparency Initiative
OECD
1. Internal Disclosure Policy
2. Supporting member states through Department of
Government-Citizen Relations
Access to Information: Bolivia
Council of Europe
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1.
Recommendation
Rec (2002)2
“Access
Documents”
and
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2. Ad hoc advisory group, “Group of Specialists on
Access to Official Documents”
3. Working on Convention for Access to Information
(legally binding for member states)
4. Internal rules on access to documents
African Union
1. Included in Charter on Human and People’s Rights
2. Part of African Union Convention on Preventing and
Combating Corruption
3. Part of African Youth Charter
Development Banks
1. Internal policies
2. Encourage states that receive funding
3. Provide funding specifically for ATI
Access to Information: Bolivia
What can the Inter-American Juridical
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Committee do?
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 Create ad hoc group of experts
 Establish standards document (Recommendations)
Precursor to a Convention
 Further studies on specific topics related to drafting ATI
legislation, ex. scope, exceptions,enforcement etc.
 Support implementation of the Chile v. Claude ruling
 Monitoring mechanism, similar to MESICIC
 Promote ATI as part of Social Charter
 Study of domestic legislation that is contrary to the right
to information and other necessary laws for effectiveness
 Establish internal transparency policy for the OAS
Access to Information: Bolivia
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Thank You
Laura Neuman
The Carter Center
Lneuman@emory.edu
(404) 420-5146