Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia Main Headline Goes Here Access to Information Inter-American Juridical Committee March 2, 2007 Laura Neuman The Carter Center

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia Presentation Outline  Value of access to 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?

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

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia ATI vs. Habeas Data and Data Protection Laws 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

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia International and OAS Framework for the Right to Information 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

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia Status of ATI in the Americas COUNTRYATI Constitutional provision ATI LawATI DecreeConsidering ATI legislation ArgentinayesnoyesDid not pass both chambers of Congress Antigua & Barbuda noyes−− Bahamasno Yes -- media promoting Barbadosno Yes Belize no yes−− Boliviano yesDraft law with cabinet Voluntary Strategy pilot Brazilyesno Civil society groups promoting Chileyesno Civil society promoting, legislation drafting law Colombiayespartial−− Costa Ricayesno Civil society promoting, law project drafted Cubano

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia Bullet COUNTRY ATI Constitutional Provision ATI l a w ATI DecreeConsidering ATI legislation Dominicano N/A Dominican Republicyes −− Ecuadoryes −− El Salvadorno Civil society promoting Grenadano N/A GuatemalayesnoyesLegislation in Congress Guyanano Legislation in Parliament Haitino Hondurasnoyes−− Jamaicanoyes−− Netherlands AntillesN/A Mexicoyes −− Nicaraguayesno Legislation in Congress Voluntary Strategy pilots

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia COUNTRY ATI Constituti onal ProvisionATI LawATI DecreeConsidering ATI legislation Panamanoyes−− Paraguayyesno Have been working on legislation since repealing law in 2001 Peruyes −− Saint Kitts and Nevisno Legislation in Parliament Saint Luciano N/A Saint Vincent and Grenadinesnoyes−− Surinameno N/A Trinidad and Tobagonoyes−− Venezuelayes*no Civil society promoting Uruguayno partial

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia vm What is new in the Americas? 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

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia What are other International Bodies Doing? United Nations 1.Convention Against Corruption includes call for access to information for all signatory states 2.UN Resolutions since 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

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia Council of Europe 1.Recommendation Rec (2002)2 “Access to Official Documents” 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

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia What can the Inter-American Juridical Committee do?  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

Training Slide Headline Goes Here and Second Line Goes Here Access to Information: Bolivia Thank You Laura Neuman The Carter Center (404)