(ARTICLE 19/IFEX) – The following is a 26 April 2004 ARTICLE 19 press release: ARTICLE 19 ANALYSIS OF PARAGUAY’S DRAFT FREEDOM OF INFORMATION LAW ARTICLE 19, the Global Campaign for Free Expression, has published an analysis of Paraguay’s draft access to information law (1). The law was drafted by Rafael Filizzola, a member of the […]
(ARTICLE 19/IFEX) – The following is a 26 April 2004 ARTICLE 19 press release:
ARTICLE 19 ANALYSIS OF PARAGUAY’S DRAFT FREEDOM OF INFORMATION LAW
ARTICLE 19, the Global Campaign for Free Expression, has published an analysis of Paraguay’s draft access to information law (1). The law was drafted by Rafael Filizzola, a member of the National Congress and the non-profit organisation Foro por la Libertad de Expresión del Paraguay (FL), in cooperation with a broad range of civil society organisations (2). We very much welcome this move to adopt legislation on the right to freedom of information in Paraguay, which will ensure practical protection for this key human right.
The President of the Senate and the National Congress, and the President of the Lower House, have responded favourably to a proposal made by the Foro por la Libertad de Expresión del Paraguay, represented by its President Antonio Carmona and Rafael Filizzola, to create a new Congressional Commission to debate and modify the draft law. The Commission will invite the full participation of civil society groups and representatives from the public and private sectors in the discussions.
There are a number of positive elements in the draft Law, including wide definitions of information and which institutions are subject to the law, a broad positive obligation to publish information, good process guarantees and provision for punishment for those who obstruct access.
At the same time, the draft Law has a number of weaknesses, including the unduly broad regime of exceptions, the lack of protection for whistleblowers, the failure to require public authorities to report on their information activities and the lack of provision for appeals to an independent administrative body. The Memorandum sets out our main concerns with the draft Law and issues recommendations to ensure the law meets international standards in this area.
Freedom of information has been an issue of public concern in Paraguay for some time. A law promulgated in 2001 was widely seen as restricting, rather than guaranteeing the right to access publicly held information and was later repealed in the face of considerable national and international protest.
A freedom of information law will enhance democracy in Paraguay in a number of key ways. It will assist individuals and organisations to combat the high levels of corruption, to hold their leaders to account and to participate more fully in political life.
1. The Memorandum is available in English and Spanish on the ARTICLE 19 website at: http://www.article19.org
2. These groups include the Coordinadora de Derechos Humanos del Paraguay (CODEHUPY), Asociación de Usuarios y Consumidores del Paraguay (ASUCOP), COMUNICA, Confederación de Comisiones Vecinales and the Sindicato de Periodistas del Paraguay (SPP)
