Freedom of Expression
Press Release 56/02
THE SPECIAL RAPPORTEUR EXPRESSSES HIS SATISFACTION ON ADOPTION OF THE FEDERAL LAW ON TRANSPARENCY AND ACCESS TO PUBLIC GOVERNMENT INFORMATION IN MEXICO
The Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights expresses his satisfaction over the recently approved Federal Law on Transparency and Access to Public Government Information in Mexico.
A key way to strengthen democracy is to ensure the right to information held by the state. This right entitles citizens to acquire extensive information on the activities of the various state agencies. In order for citizens to have effective control over public activities, not only must the state refrain from censuring information, but it must also take positive steps to provide citizens with information. It is clear that without this information, to which all persons are entitled, they cannot exercise freedom of expression as an effective mechanism for citizen participation or for democratic control of government management.
Principle 4 of the Declaration of Principles on Freedom of Expression of the IACHR states that: Access to information held by the state is a fundamental right of every individual. States have the obligation to guarantee the full exercise of this right. This principle allows only exceptional limitations that must be previously established by law in case of a real and imminent danger that threatens national security in democratic societies.
In view of the importance of the right to information as a principle for society participation and control, the Rapporteur has advocated that member states need to include in their body of law legislation on access to information and effective mechanisms to ensure such access, thereby enabling society as a whole to form opinions on both government and private policies and activities that affect it.
The Rapporteur considers that the Mexican law contains provisions that are conducive to exercise of the right to have access to information, and he believes that it will contribute to a culture of transparency in Mexico.
Office of the Special Rapporteur on Freedom of
Expression
May 8, 2002
Washington, D.C.