Access to Information: Bolivia

1. Access to Information: Bolivia Special Meeting of the Juridical and Political Affairs OAS December 13, 2010 Laura Neuman Access to Information Project The Carter Center Main Headline Goes Here

2. 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 Access to Information: Bolivia Main Headline Goes Here

3. ATI vs. Habeas Data and Data Protection Laws • Different rights, with different objectives and • processes that must be considered separately • Access to Public Information • Allows any person to request public documents • Not based on any personal interest • Purpose is to increase openness • Habeas Data • Allows a specific individual to access their own records or documents related to them • Allows persons to request changes to personal documents • Purpose is to ensure accuracy in public records with relation to specified individuals • Data Protection Laws • Allows individuals to ensure that their information remains private • Limits the collection of personal data and limits its use • Purpose is to protect private data of third parties, with disclosure based on consent

4. Brief History of Access to Information in Region • Presently, there are 18 OAS member states with legislated right of access to information • Additionally, there are 8 OAS member states with decrees or draft ATI laws • 9 countries with constitutional rights to information but no legislation or draft • Article 13 of the Inter-American Convention on Human Rights • Series of General Assembly Resolutions and Declaration of Nuevo Leon, 2004 • Inter-American Court decision in Claude Reyes and others v Chile, 2006 Access to Information: Bolivia Main Headline Goes Here

5. Brief History (cont.) • International Conference on the Right of Access to Information and “Atlanta Declaration and Plan of Action for the Advancement of the Right of Access to Information”, February 2008 • CAJP “Recommendations on Access to Information”, 2008 • Inter-American Juridical Committee “Principles on the Rightof Access to Information”, 2008 • Americas Regional Conference on the Right of Access to Information and “Regional Findings and Plan of Action to Advance the Right of Access to Information”, Lima Peru, April 2009 • Model Law and Implementation Guide on Access to Information for the Americas, 2010 Access to Information: Bolivia Main Headline Goes Here

6. Key Principles • Access to Information is a fundamental right • All states should enact legislation to give effect to the right • All information is accessible, unless falls under a clearly defined exception in the law • Right of access to information applies to all public bodies and to private bodies that receive public funds or provide public benefits • Proactive publication: public bodies should disseminate key information on a routine and proactive basis • Clear and simple rules should be put in place to guide processing of requests, including time limits Access to Information: Bolivia Main Headline Goes Here

7. Principles (cont.) • Burden of proof for justifying denials lies with the public body • Individuals should have the right to appeal any denial or negative determination • Sanctions for any official that willfully denies or obstructs access to information • Measures should be taken to promote access to information and implement legislation, including records-management and training Access to Information: Bolivia Main Headline Goes Here

8. Recommendations to the States For All Member States: • Make access to information an inherent aspect to all public duties and central element of state functions • Ensure that all public policies and regulations are consistent with the principles of maximum disclosure and transparency • Rescind any laws contrary to the right of access to information • Integrate promotion of the right of access to information into national development and growth strategies and sectoral policies • Allocate the financial resources necessary to create and maintain effective ATI system • Adopt effective information management and record-keeping systems Access to Information: Bolivia Main Headline Goes Here

9. Recommendations to the States For States Without Access to Information Law: • Pass access to information law in compliance with international law and best practices, including maximum disclosure • Assure the minimum standards established in Claude v Reyes are fulfilled • Engage civil society in the development of the law • Establish systems for proactive disclosure and records management even in advance of statutory right • Consider means to allow exercise of constitutional right Access to Information: Bolivia Main Headline Goes Here

10. Recommendations to the States For States With Access to Information Laws: • Ensure effective implementation of the law and mechanisms to monitor compliance • Focus on proactive disclosure and creative means of getting information to people • Designate information officers • Create an effective enforcement mechanism • Provide training to all public officials and specific capacity building for key officials • Engage in a public awareness campaign • Share experiences and best practices with other member states Access to Information: Bolivia Main Headline Goes Here

11. Atlanta Declaration and Plan of Action Access to Information: Bolivia Main Headline Goes Here

12. Text Access to Information: Bolivia Main Headline Goes Here