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This concept of access to information as a political right
in the democratic system stems from the Inter-American
Democratic Charter which recognizes that transparency in
government activities, probity, responsible public
administration on the part of governments, respect for
social rights, and freedom of expression and of the press
are essential components of the exercise of democracy.
Furthermore, the Democratic Charter indicates that citizen
participation and transparency in government activities are
basic principles of democracy. The right to access is an
essential aspect of both provisions because in a system
where people lack access to information, they do not have
the information they need to inform their political
decisions. By contrast, in a system that protects this
right, people have the information required to participate
and effectively exercise their political rights guaranteed
in any representative democracy.
Information & Governability
Access to information has the unquestionable effect of
strengthening accountability of, and trust in, government
institutions. It fosters greater efficiency and integrity in
the management of public resources and is essential for
making the State more transparent in its operations, more
effective in its actions, more responsible in respecting and
promoting individual rights, and more responsive to public
needs and demands.
Access to information is a vital tool in the fight against
corruption – one of the most powerful threats to every
country’s economic and social development – by effectively
implementing public oversight of all government acts, making
corruption more difficult, thus promoting greater
accountability, and making it possible to reveal abuses,
errors, and weaknesses in the public sector.
The Inter-American Court of Human Rights has stated that
“the State’s actions should be governed by the principles of
disclosure and transparency in public administration that
enable all persons subject to its jurisdiction to exercise
the democratic control of those actions, and so that they
can question, investigate and consider whether public
functions are being performed adequately.”
Information & Human Rights
Access to information is a fundamental human right, as
recognized by the Inter-American Court of Human Rights in
Claude Reyes v. Chile. The Court held that Article 13 of the
American Convention on Human Rights guaranteeing the right
to freedom of thought and expression “includes ‘not only the
right and freedom to express one’s own thoughts, but also
the right and freedom to seek, receive and impart
information and ideas of all kinds.’”
Likewise, Article 19 of the International Covenant of Civil
and Political Rights establishes that the right to freedom
of expression includes the right to seek, receive, and
disseminate information.
Article IV of the American Declaration of the Rights and
Duties of Man recognizes that every person has the right to
freedom of investigation, of opinion, and of the expression
and dissemination of ideas by any medium whatsoever.
Article 13 of the American Convention on Human Rights also
protects the right and freedom to seek, receive, and impart
information and ideas of all kinds. Finally, the 2001
Declaration of Principles on Freedom of Expression of the
Inter-American Commission on Human Rights echoes this right
to access public information and once again underlines that
access to information held by the state is a fundamental
right of every individual.
Model Law
In June 2009, the OAS General Assembly requested that the
Department of International Law draft a [Model
Inter-American Law on Access to Public Information],
with the participation of OAS organs, agencies and entities,
OAS Member States, and civil society organizations, with a
view toward providing the legal framework necessary to
ensure citizen participation in a democratic system,
strengthening accountability of and trust in government
institutions, and guaranteeing the fundamnetal human right. |
