Freedom of Expression
Press release R217/22
On the International
Day of Universal Access to Information, the SRFOE reiterates the importance of
the autonomy of the guarantor bodies
September 28, 2022
Washington D.C. - On
International Universal Access to Information Day, the Office of the Special
Rapporteur for Freedom of Expression (SRFOE) of the Inter-American Commission
on Human Rights (IACHR) reiterates its commitment to the promotion and
protection of the right of access to information and recalls that States are
called upon to adopt all necessary measures to formally and materially
guarantee this right, including strengthening the autonomy of guarantor bodies
for access to public information.
Access to public information
is a fundamental right protected by Article 13 of the American Convention on
Human Rights, which provides for the right of citizens to "seek" and
"receive information" of all kinds. As the SRFOE has pointed out in
many occasions, access to information is a fundamental pillar for democracy, as
well as to guarantee transparency and good public management of governments and
state authorities.
Given the reports
received by SRFOE on restrictive measures to this right and the lack of
transparency on matters of public interest at the regional level, the
Rapporteur’s Office expresses its concern while reaffirming that the existence
of autonomous and specialized guarantor bodies is essential to counteract the
increase of omissions and denials of information that has been evidenced in
recent years, especially in the context of COVID-19.
In this sense, SRFOE
ratifies the importance of the Inter-American Model Law 2.0 on Access to Public
Information approved at the 50th regular session of the General Assembly of the
Organization of American States (OAS), which states that the guarantor bodies
of each State "must make reasonable efforts to assist the applicant in
connection with an appeal filed against a denial of disclosure of
information", with the purpose of reviewing such denial of access to
information and adopting a decision.
On the other hand, SRFOE
stresses the importance that the States of the region recognize the imminent
need to simplify the administrative procedures for access to information and
reinforce the subsequent judicial guarantees in favor of the consolidation of
democratic societies. Finally, this Office invites States to take up the
recommendations and good practices compiled in its thematic report "The
oversight bodies of the right of access to public information" (2016),
which recognizes the importance of the work of the guarantor bodies to advance
in the consolidation of the right of access to information, as well as how
indispensable it is to ensure their specialization and autonomy for proper functioning.
The Office of the
Special Rapporteur for Freedom of Expression (SRFOE) is an office created by
the Inter-American Commission on Human Rights (IACHR), to stimulate the
hemispheric defense of the right to freedom of thought and expression, considering
its fundamental role in the consolidation and development of the democratic
system.
R217/22