Organizations of Córdoba and from different parts of the country, we request through a document, the update of the provincial law of access to public information, according to international standards and the national law passed in 2016.
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Córdoba has a law called “Law on Access to Knowledge to State Acts” of 1999, which does not include the minimum standards for the effective validity of the right to access public information. Within this framework, organizations we request the updating of the regulations, following the guidelines of the Inter-American Model Law and the National Law on Access to Public Information.
Among its shortcomings, the current provincial law does not establish which are the key principles by which the right of access to public information is governed, it defines in a very restrictive way “public information” and the “obliged subjects” to provide information. For example, it does not include entities that receive public funds, such as political parties or unions, or state contractors to provide a public service.
In turn, the regulations do not have an entity responsible for compliance with the law or establish what information should be proactively published by the State, thereby strengthening democracy and citizen participation.
Request public information in Córdoba
Throughout 2019, from Fundeps we presented a total of 62 requests for public information to various provincial and municipal public agencies, of which we obtained only 3 satisfactory answers. Of those 62 requests, 54 were unanswered and, of the remaining 5, we obtained “answers” of the most diverse, in some cases unclear or incomplete, and in other unusual responses such as “we will not respond”. These requests for information contemplated different themes related to other human rights, such as health, the environment, development, among others.
This makes it imperative to provide mechanisms for monitoring and compliance with the law, through an independent entity. Thus, all claims could be centralized in the event of non-compliance, establish clear guidelines for action to those who must provide information and raise awareness of issues of transparency, accountability and access to information.
We need Córdoba to enact a new law on access to public information that guarantees the effective validity of the right to access public information, key to both strengthening the democratic system, the transparency of public management and the effective enforcement of other rights.
Fundeps Argentina, CLADH – Centro Latinoamericano de Derechos Humanos, Fundación Conocimiento Abierto, Fundación Córdoba de Todos, Desarrollo Digital, Directorio Legislativo, Foro Ambiental Córdoba, Minka, Nuestra Mendoza, PARES, Poder Ciudadano, Salta Transparente, ACIJ – Asociación Civil por la Igualdad y la Justicia y Acción Colectiva.