• 05 November 2020

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    Category : Opinion

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    Access to public information in Latin America and the Caribbean

    The recently approved Inter-American Model Law 2.0 of the Organization of American States marks a before and after in the management of an essential right for the strength of democracies. FIIAPP has contributed, through the European EUROsociAL+ programme, to the development of the legal text by providing technical support and promoting the incorporation of the gender perspective.

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    Borja Díaz, Técnico Sénior en Gobernanza Democrática del Programa EUROsociAL + en la FIIAPP 

    On 22 October, the Organization of American States (OAS) approved the Model Inter-American Law 2.0 on Access to Public Information at its Annual Assembly. This policy framework, promoted by the OAS Department of International Law (DDI in its Spanish initials), has enjoyed broad participation in its drafting process and is of enormous relevance to Latin America and the Caribbean, since it incorporates cutting-edge standards and best practices for promoting transparency and the right of access to information.

    The Law establishes the broadest possible application of the right of access to information in possession, custody or control of any public authority, political party, union and non-profit organisation, which has to respond to requests for information on funds or public benefits received.

    As the DDI emphasises, the ultimate objective of the regulations is that “access to public information is consolidated as a tool that allows increasing levels of transparency and to fight effectively against corruption, promoting open competition, investment and economic growth, to generate the confidence of the population in its democratic institutions and empower citizens, including those sectors that are in a situation of vulnerability”.

    “This Model Law is intended to provide citizens with greater access to information which is in the hands of the authorities. Why? So that they have a better understanding of how the administration is managed and how the public resources that derive from its taxes are used. We also want it to influence management models that impact ordinary citizens because the right of access to information ranges from right up high to local governments”, underlines Dante Negro, Director of the DDI at the OAS.

    The European Union-financed EUROsociAL+ corporation programme, through its Democratic Governance area, which is coordinated by FIIAPP, has made a decisive contribution to the development of this regulatory proposal, through significant technical support channelled through the Network of Transparency and Access to Public Information (RTA) in spaces for debate and the exchange of experiences between guarantor bodies and promoters of the right to information, and through the systematisation of good practices provided by different experts.

    The regulation focuses on key factors such as the nature and functions of the guarantor bodies which guarantee this right, the regime of exceptions, the entities bound by the regulation, active transparency and the definitions and scope of the right of access to information. Likewise, it includes as an annex the Inter-American Model Law on Document Management and its implementation guide, prepared by specialists from the Sub-Directorate of State Archives of the Ministry of Culture and Sport of Spain on the basis of the RTA Document Management Model moved forward by EUROsociAL+.

    Throughout the work processes EUROsociAL+ also ensured the incorporation of the gender perspective, the norm being one of the first legal instruments of the Inter-American System to incorporate said vision from its conception. ​

    As Gabriel del Piazzo, President of the Executive Council of the Unit for Access to Public Information of Uruguay (UAIP) (Presidency of the RTA), points out, “the Model Law 2.0 has the added value of gathering the experience of the guarantor bodies of Latin America, whose responsibility it has been to implement the access to information laws over the last 10 years”.

    The Model Law thus becomes a reference to be followed by States in order to improve regulations, guidelines and internal procedures for transparency and access to information. From the moment that the 35 States of the Americas endorsed it, they acknowledged that it is necessary to reach that standard. For citizens and organised civil society, it implies being aware of the standards that their State could potentially reach and thus being able to demand processes for the elaboration of norms or policies aimed at reaching that standard.

    This EUROsociAL+ action is aligned with the 2030 Agenda, especially with Sustainable Development Goals (SDGs) 6.10 (to guarantee access to information), 16.5 (to considerably reduce corruption and bribery), 16.6 (to create effective and transparent institutions at all levels of accountability), and SDG 17 (to promote alliances to achieve these objectives).

    Borja Díaz Rivillas, Senior Expert in Democratic Governance for the EUROsociAL+ Programme at FIIAPP 

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