Access to Information: Bolivia Main Headline Goes Here Laura Neuman Access to Information Project The Carter Center The Inter-American Development Bank BBL Seminar: Promoting ATI in Latin America June 16, 2009

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Values of Access to Information  Fundamental human right and necessary for exercise of other rights, incl. socio-economic rights  Increased accountability  Greater government efficiency and effectiveness  More job satisfaction  Better customer service  More equity/fair processes  Allows for citizen engagement  Improves trust  More foreign investment

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Carter Center ATI Project  Regional norm building  Core countries  Scholarship and resources International and Regional conferences Implementation Assessment Tool IFI pilot project Materials development

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here International Conference on the Right to Public Information  Atlanta, GA – February 27-29, 2008  Chaired by President Carter  Over 125 participants from 40 countries  Multi-stakeholder: governments, civil society organizations, international and regional bodies and financial institutions, donor agencies and foundations, the private sector, media outlets and scholars

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Key Global Challenges  Countries without laws  Patchy implementation and Obstacles Systems and procedures do not exist Lack of capacity and training Lack of human resources and funding Insufficient infrastructure  Continued resistance Culture of secrecy in government Lack of political will  Backsliding of existing laws Increased use of national security argument  Post 9/11 World

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Primary goal of International Conference: The advancement of effective access to public information regimes globally Main objectives: 1. Reflect on current worldwide status of the right to public information 2. Consider the impact of access to information on areas such as development and governance 3. Explore priority actions for advancing the passage and full implementation of access to public information laws, with attention to the realpolitik

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Key Global Findings The right of access to information is:  Inherent in all cultures and systems of government  Fundamental to human dignity, equity, peace with justice, and democracy  Necessary for security  And must be ensured through legislation that is effectively implemented and fully enforced

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Key Global Principles  Fundamental human right  The right extends to information held by: All parts of the state; Inter-governmental organizations; International financial institutions; and Non-state actors, including the private sector, that:  Receive public funds  Carry out public functions  Exploit natural resources  Big corporations when necessary for human rights  Laws and international instruments must meet certain tenets, which are listed in the Declaration, and must be implemented

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Global Plan of Action Pertains to:  International Community, including international and regional development banks Support countries’ efforts to establish, implement, and enforce the right of ATI by providing technical assistance and sufficient long-term funding Ensure donor funding agreements require that donors and recipients provide ATI regarding the amount and use of international funds Provide funding to support monitoring, analysis and assessment of the implementation and impact of the right of ATI  States  Corporate, Professional and Civil Society Organizations

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Americas Regional Conference on the Right of Access to Information  Follow-on from the International Conference on the Right to Public Information  Lima, Peru – April 28-30, 2009  Final sessions chaired by President Carter  115 participants from 18 countries within the Americas  Multi-stakeholder

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Key Challenges in the Americas  Poor implementation and enforcement  Backsliding of existing laws  Lack of demand  For enactment of laws  For making request

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Primary goal of Americas Regional Conference: The advancement of the right of access to information in the Americas Main objectives: 1. Identify and explore challenges and potential solutions to the Americas 2. Bring together stakeholders to further strengthen a regional community of practice 3. Encourage multi-stakeholder national clusters to advance the right of access to information in their country 4. Create and disseminate regional findings and plan of action (annex to Atlanta Declaration)

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Key Americas Regional Findings  Reiterated the three main challenges in the Americas  Diversity of region necessitates diversity in responses  The most immediate priority is to strengthen and implement existing regional instruments  A statutory right of access to information consistent with the Atlanta Declaration Principles is the goal but other means and mechanisms should be pursued if there is an absence of the requisite political climate  States have a special obligation to disclose information pertaining to human rights violations or corruption  Specific actions are needed to mitigate asymmetry across societies & other structural disadvantages to ensure many in society are not excluded from benefits of ATI

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Key Americas Regional Findings (cont.)  Increasing government capacity and strengthening administrative practices will help support ATI, raise confidence, and foster demand  Private organizations have become significant beneficiaries of public funds & must increasingly be covered by targeted transparency requirements  Multi-stakeholder initiatives are increasingly influential in the establishment of common voluntary standards of transparency in key policy areas  Civil society groups should lead by example but calls for greater transparency must be accompanied by a vigorous opposition to attempts to use ATI laws as a guise for persecution or discrimination

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Americas Regional Plan of Action Pertains to:  Regional and International Community including regional intergovernmental organizations, international and regional financial institutions, and bi-lateral donor agencies  States in the Americas Region  Non-State Actors: Civil Society, Corporate, and Professional Organizations

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Americas Regional Plan of Action All international & regional financial institutions should:  Assume role in setting regional norms, improving state capacity and educating people about ATI  Ensure internal transparency policies and mechanisms that: Provide clear, simple processes for requests Have limited exceptions Include independent appeals processes Mandate proactive disclosure Promote transparency to members States and contractors  Make existing confidentiality requirements consistent with principles of transparency

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here Americas Regional Plan of Action (cont)  Proactively disclose information about bank processes and policies  Provide financial and technical support for: States to establish and implement ATI regimes Citizens to advocate for establishment and implementation of ATI regimes Training for journalists and others on use of ATI Building public awareness Evidence-based research, including measurement indicators Development of a community of practice network

Training Slide Headline Goes Here and Second Line Goes Here Access to Information:

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Access to Information: Bolivia Main Headline Goes Here For more information, Please contact: Laura Neuman Access to Information Project Manager Associate Director, Americas Program The Carter Center THANK YOU