Latin American Region · 23 October, 2020

The OAS General Assembly approves the Inter-American Model Law 2.0 on Access to Public Information

The regulations, developed with the support of EUROsociAL+ and the RTA, incorporate state-of-the-art standards and best practices to promote transparency and the right of access to information.

At its Annual Assembly, on 20 and 21 October, the Organisation of American States (OAS) approved the Inter-American Model Law 2.0 on Access to Public Information.

EUROsociAL+, through its Democratic Governance area, contributed decisively 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.

This policy framework, promoted by the OAS Department of International Law, and which has enjoyed broad participation in its drafting process, 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. In addition, it constitutes an essential reference for governments, public guarantors and promoters of the right of access to information, as well as for civil society organisations that work on the subject.

The regulation focuses on key factors such as the nature and functions of the guarantor bodies, 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 experts 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.

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

As is highlighted by the OAS, the ultimate objective of the Model Law is that the right of access to information be consolidated as a tool which increases levels of transparency in public administration, while allowing an effective fight against corruption, and to promote open competition, investment and economic growth. The right of access to information is a fundamental component of the exercise of democracy and must also serve to empower various sectors of the population, including those in vulnerable situations.

This EUROsociAL+ action is aligned with SDG 16.10 (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).

 

Country: Latin American Region
SDG: Peace, justice and strong institutions, Partnerships for the goals
Policy area: Democratic governance policies