Freedom of Expression
Press Release 155/06
THE OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION MANIFESTS ITS SATISFACTION FOR THE EXPRESS RECOGNITION OF THE INTER-AMERICAN COURT OF THE FUNDAMENTAL NATURE OF THE RIGHT TO ACCESS INFORMATION
Washington, D.C., October 31, 2006. The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expresses its satisfaction with the recognition of the fundamental nature of the right to access information under the control of the state, made by the Inter-American Court of Human Rights in the Judgment issued on September 19, 2006 in the case of Claude Reyes et al, that was recently published. The Judgment of the Inter-American Court constitutes an important landmark in international jurisprudence, given that it explicitly recognizes that right to access information forms a part of the right to freedom of thought and expression.
Ignacio Álvarez, the Special Rapporteur for Freedom of Expression, highlighted the importance that the Court, in interpreting Article 13 of the Convention, protects the right of individuals to seek access to information under the control of the State and to receive such information and stated that “this decision represents a substantive contribution to the development of a culture of transparency and the eradication of secrecy in the hemisphere, and to improve, through the publicity of the actions of the States, the quality of democracy in our region.”
The decision of the Court responds to a complaint that the IACHR presented on July 8, 2005 against the State of Chile for the refusal of a State institution to provide the victims with all the information they requested about a deforestation project with an environmental impact. The Commission’s complaint was based on the argument that the refusal, as well as the lack of judicial remedy to challenge it, generated the international responsibility of the State for violating the right to freedom of thought and expression and the right to judicial protection.
The Office of the Special Rapporteur emphasizes that the considerations of the Court contain important advances in the area of access to information, such as: a) the application to State authorities of the principle of maximum disclosure, “which establishes the presumption that all information is accessible, subject to a limited set of exceptions;” b) the obligation of the States to govern themselves by the principles of openness and transparency in public administration so that the people can exercise democratic control; c) the existence of a positive obligation of the States to provide information that is requested from them; d) the duty of the State to refrain from requiring those who request information to demonstrate a direct interest in it; e) the obligation of the State to give a reasoned response when, for a reason permitted by the Convention, it can limit the access to the requested information; and f) the need for the existence of a simple, rapid, and effective remedy to determine if the rights of the requestor of the information are violated and, in such a case, order the corresponding body to provide the information.
The Rapporteurship further emphasizes that the reparations ordered in this judgment will have positive effects for strengthening the right to access information, given that the Court resolved that the State should guarantee the effectiveness of an administrative procedure adequate for the processing and resolution of requests for information by setting deadlines to resolve them and providing information. To this end, the State must train the organs, authorities, and public agents responsible for handling requests.
Since its creation in 1997, in compliance with the mandates of the OAS Charter, the American Convention Human Rights, and various resolutions of the OAS General Assembly, the Office of the Special Rapporteur for Freedom of Expression of the IAHR has carried out a series of activities related to the right to access information, including the presentation of reports before various OAS organs, the preparation of three special studies on the state of this right in the hemisphere (2001, 2003, and 2005) and the participation in seminars and workshops with various inter-governmental organizations in the hemisphere, as well as technical assistance to the OAS Member States on this issue. The judgment of the Court is an invaluable instrument that the Office of the Special Rapporteur will use to continue its promotion and protection activities related to the right to access information in the power of the State.
For additional information about the Office of the Special Rapporteur: http://www.cidh.org/relatoria/