Latin American Region · 21 April, 2020

Decisive advance for the approval of the Inter-American Model Law 2.0 on Access to Public Information

EUROsociAL+ supported the RTA in a regional initiative with the OAS Department of International Law in the process of preparing the regulatory proposal that recently received the approval of the organisation's Legal Committee.

The Inter-American Juridical Committee (CJI) of the Organization of American States (OAS) during its 96th regular session, approved the Proposal for the Inter-American Model Law 2.0 on Access to Public Information. The regulations will be submitted for consideration at the next OAS General Assembly.

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 General Sub-Directorate of Public Archives of the Ministry of Education, 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 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