Tag Archive for: Access to Information

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ABC of Public Budget

Together with the organizations Andhes, Nuestra Mendoza and Salta Transparente, we have prepared a report that gives an account of how public budgets are created in the provinces of Córdoba, Tucumán, Mendoza and Salta, as well as the availability of information around them and the existence or not of participation mechanisms.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Determined to strengthen the mechanisms of publicity, accountability and citizen participation, the Fundeps, Andhes, Nuestra Mendoza and Salta Transparente organizations prepared a report that explains the public budget formation cycle in the 4 provinces, as well as its execution and control by part of the public authorities.

The budget is a key element of public management, it defines the public policies that a government will carry out, determines how much will be collected and invested in public policies over a specific period, which is usually a anus.

The ABC report of the Public Budget seeks to answer the following questions, how is the public budget cycle in each of the provinces under analysis? What are your times and what key actors are involved? Is this information available? Does the citizenry have spaces for citizen participation?

To this end, the legal frameworks of each province, the stages of the provincial budget processes – elaboration, debate and approval, execution and control – were analyzed, identifying in each of them the key actors involved, the times of the process and which ones. they are the most relevant documents that result in each instance. Finally, for each province, the level of publicity and dissemination of budget information was analyzed, as well as opportunities for citizen participation, giving recommendations adapted to each situation.

In an instrument as relevant as the public budget that has a direct impact on the exercise of people’s human rights, it is necessary to guarantee, on the one hand, the highest levels of dissemination, publicity so that it is accessible to all citizens. , as well as instances and mechanisms of citizen participation that contribute to the construction of a more just and inclusive society.

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Contact

Nina Sibilla, ninasibilla@fundeps.org



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ABC of the public budget in the provinces of Mendoza, Salta, Tucumán and Córdoba
This report gives an account of how public budgets are created, executed and controlled in the provinces of Córdoba, Tucumán, Mendoza and Salta, as well as the availability of information around them and the existence or not of participation mechanisms. It was carried out in conjunction with the Andhes, Nuestra Mendoza and Salta Transparente organizations.


               

               
               
               Descargar Documento / Download File


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Access to Public Information Agency: organizations request a meeting with the Chief of Staff to promote new authority
Civil society organizations asked the Chief of Staff, Santiago Cafiero, a meeting to discuss the need to start as soon as possible a new selection process for the highest authority of the Agency for Access to Public Information of the Executive Branch of the Nation, vacant position since January 1, 2021.


“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”


A group of organizations made up of the Civil Association for Equality and Justice (ACIJ), the Regional Alliance for Free Expression and Information, Network Democracy, Legislative Directory, the Foundation for the Development of Sustainable Policies, Citizen Power and the Fundación Vía Libre, this June 18 sent a request for a meeting to the Chief of Staff to express the need for the Access to Public Information Agency to once again have a Director formally designated for that role.


After the selection process that began in February and whose public hearing took place on March 23, the Executive Power did not advance with the first proposed candidacy. Faced with this situation, Law 27,275 establishes that the deadline to start the selection procedure again is 30 days, a period that has already been exceeded.


The Access to Public Information Agency is a fundamental institution for the democratic system, which is why the absence of its highest authority threatens its proper functioning and, consequently, the exercise of its functions. Among these, the role of ensuring full transparency of all the institutions and entities under the orbit of the Executive Power stands out (which is achieved by centralized and decentralized public administration bodies, public companies and with state participation, public service concessionaires, State contractors, among others). In turn, it must ensure the protection of the right to privacy and the full application of the Law on Protection of Personal Data.


In their letter, the organizations highlight the importance of creating open instances to discuss the profile required for the person who is proposed, and that this leads to the prompt appointment of a new authority and the consequent normalization of the operation of the the Agency for Access to Public Information.


I accessed the letter here.


 


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ESCAZÚ AGREEMENT: Access to Information, Public Participation and Justice in Environmental Matters












This resource is intended to publicize the content, the rights it guarantees and the obligations of the State that govern the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean – called the Escazú Agreement. In addition, it incorporates in its annexes tools and models to exercise these rights before the authorities.
































               

               
               
               Descargar Documento / Download File


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Access to Information Agency: The Executive must present a new proposal to designate its authority
Joint statement of ACIJ, Democracia en Red, Legislative Directory, Fundeps, Citizen Power, Vía Libre and the Regional Alliance for Free Expression and Information, on the occasion of the conclusion of the hearing in which the set of observations presented in around the candidate proposed by the Executive Power, Gustavo Fuertes.


“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”


We celebrate that, after the public hearing in which the public was able to express themselves regarding the candidacy of Gustavo Fuertes to lead the AAIP, the Executive Power has not made progress in appointing him. Once the deadline with which he had to confirm said proposal has expired, it is now necessary that spaces for open discussion be urgently generated regarding the new profile that the Head of Cabinet should promote, to fill the vacancy in the Agency through a participatory process.


On March 23, the public hearing was held in which the candidacy of the lawyer Gustavo Fuertes was discussed to occupy the position of Director of the Access to Public Information Agency, which has been vacant since January 1, 2021. The hearing represented an opportunity for different people and civil society organizations to detail the numerous observations on the candidacy proposed by the Executive Power, which coincided in the lack of suitability and guarantees of autonomy of the candidate.


After this participatory instance, the Executive Power decided not to finally confirm the Strong’s nomination to the position. As indicated in Law 27,275 in its article 21 subsection f, the Chief of Staff had a period of seven days from the holding of the hearing to approve the appointment. After this period, then, the Executive Power must restart the selection process from the proposal of a new person to occupy the position.


The decision to listen to the arguments offered by different civil society organizations and individuals in an instance designed so that citizens can participate in relevant public decisions, and thereby review an official proposal, is a very valuable step in the construction of a democracy. deliberative in which reasons matter. For this reason, the fact that the Executive Power has desisted from advancing in a decision that was questioned with highly relevant arguments as a result of the impacts that it could have on the validity of the human right to access public information, should be highlighted.


This position, which has been vacant for more than four months, is fundamental to the democratic system. In the first place, because it has the role of ensuring full transparency of all institutions and identities under the orbit of the Executive Power (which is achieved by centralized and decentralized public administration bodies, public companies and with state participation, public service concessionaires , State contractors, among others). In turn, it has among its functions to ensure the protection of the right to privacy and the full application of the Law on Protection of Personal Data. Both functions, due to their implications in the exercise of other rights, cannot be postponed for any reason, even less in an emergency context such as the current one.


For all these reasons, it is urgent that the Executive Branch send a new candidacy for the position in accordance with the standards of suitability and autonomy set forth in Argentine regulations and international law. This implies, among other antecedents, that the person has extensive experience in access to public information and protection of personal data, in such a way that his commitment to the effectiveness of these human rights can be corroborated. For this, it is desirable that open instances be generated to discuss the profile required for the person who is proposed, and that this result in the prompt appointment of a new authority and the consequent normalization of the operation of the Access Agency. Public Information.


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Access to Information Agency: organizations request a hearing from Alberto Fernández














After the public hearing held last Tuesday, March 23 to discuss the candidacy of Gustavo Fuertes as head of the Access to Information Agency, civil society organizations requested a meeting with the President of the Nation to ask him to propose a ideal candidate at the head of this key body to guarantee transparency in the State.




“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”


















Together with ACIJ, Poder Ciudadano, Legislative Directory, Democracia en Red, Vía Libre Foundation and the Regional Alliance for Free Expression and Information, we requested an interview with Alberto Fernández in order to express a series of observations about the candidacy -proposed by the Chief of Cabinet, Santiago Cafiero- for the position of Director of the Agency for Access to Public Information (AAIP).






The public hearing that was held on March 23 to discuss the candidacy of lawyer Gustavo Fuertes as head of the AAIP revealed the need for another profile to be proposed for the position. After a series of challenging statements by numerous individuals and civil society organizations and the candidate’s responses to the observations and questions made, it was clear that the candidate lacks the knowledge and track record to demonstrate his suitability and commitment that a charge of this relevance requires. 








Faced with this worrying situation, the organizations request to meet urgently with the President of the Nation, trusting that we will be able to state the reasons why a new candidacy must be sent that meets the requirements of suitability and autonomy for the position.
















Access the letter 


Contact 


Nina Sibilla, ninasibilla@fundeps.org


















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The Chief of Staff must propose another person to direct the Access to Public Information Agency
Joint statement of ACIJ, Democracia en Red, Legislative Directory, Fundeps, Citizen Power, Vía Libre and the Regional Alliance for Free Expression and Information, on the occasion of the conclusion of the hearing in which the set of observations presented in around the candidate proposed by the Executive Power, Gustavo Fuertes.


“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”


On March 23, the public hearing was held to evaluate the candidacy proposed by the Executive Power for the Agency for Access to Public Information, which promotes Attorney Gustavo Fuertes for the position. Contrary to what is established by current regulations, and what should have even happened due to the nature of the position under discussion, the hearing was not broadcast live for the general public, which restricted the number of listeners and access by part of journalists.


The candidate presented some work proposals, but his answers to the questions asked – generally incomplete and limited – showed the lack of specific knowledge regarding access to information and protection of personal data, which corroborates that his professional career in other areas of the public sector do not make him a person qualified for the task that is intended to entrust him. Far from reaffirming that he is the most suitable person for the position, the candidate acknowledged on several occasions the need to study the issues on which he was asked and the existence of people with a greater background in the matter.


The hearing revealed what numerous civil society organizations raised in their challenges: the candidate lacks the knowledge and track record to show his suitability and commitment for the position. Dozens of male and female speakers presented their objections over almost 5 hours. All the people who spoke agreed on the need for another candidacy to be sent to ensure the proper functioning and autonomy of this fundamental body, while no person came forward to argue in favor of the candidacy.


Public hearings must be an instance of substantive participation of the citizens that result in better decision-making by the State. Otherwise, they become a mere formality. It is clear from the results of this hearing that the candidacy of the Executive Power for the position does not meet the requirements of the law.


We ask the Chief of the Cabinet of Ministers, Santiago Cafiero, to withdraw this candidacy and send that of a person who demonstrates his suitability and commitment to the position, in compliance with articles 20 and 21 of Law 27,275 on the Right of Access to the Public information.


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Without proper authority in the AAIP, the right of access to public information is in danger
Organizations from all over the country requested an urgent meeting with the Chief of Cabinet of the Nation, Santiago Cafiero, to discuss the selection process of the highest authority of the AAIP – the control body of the Executive Power in matters of access to public information – given that the proposed candidate does not meet the suitability requirements for the position, as a result of the lack of relevant antecedents that demonstrate their knowledge and commitment to this human right.


“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”


On February 17, the Chief of Staff of the Nation proposed as Director of the Agency for Access to Public Information (AAIP) of the Executive Branch the lawyer Gustavo Juan Fuertes, who does not have a track record related to transparency issues, access to public information or protection of personal data –see published CV-.


The Access to Information Agency has a task that is irreplaceable in the protection of this human right, which is in turn essential for a quality democracy in which citizens can know and actively participate in public affairs.


Their roles include not only that of resolving the claims of the petitioners and monitoring the proactive publication of information, but also of ensuring that the best standards are applied in the matter and that a citizen and state practice is stimulated that allows counting with an Open State based on the pillars of transparency, citizen participation and accountability. To this is added that it is the body in charge of protecting personal data and ensuring that the right to privacy is respected in our country.


The proper functioning of the AAIP requires officials with a high commitment in the subject and proven suitability in the matter. Otherwise, there is a risk that lower levels of transparency and openness of information will be tolerated in the hands of all the institutions under the orbit of the Executive Power (centralized, decentralized public administration bodies, State companies, concession companies public services, universities, political parties).


For this reason, and within the framework of the selection process open to citizens, it is important that the authorities are receptive to this type of objection from civil society and provide answers regarding the concerns raised. The Executive Power’s commitment to the right of access to public information must be reflected in the type of profile proposed to occupy this position, otherwise the right to know is at stake.


The organizations signing the petition are: Collective Action – Civil Association for Equality and Justice (ACIJ) – Concepción Data – Network Democracy – Environment and Natural Resources Foundation (FARN) – Open Knowledge Foundation – Legislative Directory Foundation – Guest Foundation – Women in Equality Foundation – Nuestra Mendoza Foundation – Foundation for the Study and Research of Women (FEIM) – Fundamentals for Education (FundaEdu) – Foundation for the Development of Sustainable Policies (Fundeps) – Institute for Comparative Studies in Criminal and Social Sciences ( Inecip) – Public Policy Laboratory – PARES – Citizen Power – Our Córdoba Citizen Network – Transparent Salta.


The reception of observations on the proposed candidacy is open until March 15, as well as the registration period for the virtual public hearing -which will be held on March 23 at 9 a.m.- for the appointment of the authority of the AAIP of the Executive power. It is important that citizens participate in these processes, which help to strengthen democracy. Enrollment link



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Open letter to the Government for the National Vaccination Plan against COVID-19
A group of 40 organizations from all over the country prepared a letter sent to different agencies and entities of the National Government expressing our concern about the situation arising from the existence of an informal vaccination system.


“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”


It was addressed to the Undersecretary of Open Government and Digital Country and President of the National Open Government Table, César Gazzo Huck; the Minister of Health, Carla Vizzotti and the Chief of the Cabinet of Ministers, Santiago Cafiero in the face of the political and social upheaval caused by the unofficial vaccination system at the Posadas Hospital.


We make concrete proposals for joint work, within the framework of the principles of Open Government, for transparency and participation. In addition, we reaffirm our willingness to collaborate in everything necessary to bring tranquility to the population and guarantee that support for the most ambitious vaccination campaign in our history remains unchanged.



Contact


Nina Sibilla, ninasibilla@fundeps.org


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Transparency at development bank FMO is seriously lacking
The Dutch development bank FMO is not sufficiently transparent about the projects it finances, and is therefore acting contrary to its mandate. This is evident from a new report published by the International Accountability Project (IAP) and the Foundation for the Development of Sustainable Policies (FUNDEPS), endorsed by 28 organizations including Both ENDS, SOMO and Oxfam Novib. The research assesses FMO’s disclosure and access to information practices for investments proposed between January 1, 2019 and May 31, 2020. Only in 25% of the cases was it disclosed what potential negative consequences an investment by FMO would have for people and the environment.


“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.


“If the forest next to your village is cut down to build an oil palm plantation, or there is a big dam in the river that you depend on for water and fish, you need to have access to information to defend your interests and have a voice in decision-making,” says Anne de Jonghe of Both ENDS. “You are entitled to know the costs and benefits for your community, before you can consider what is best for you. As an investor, FMO shares responsibility for this information provision, but unfortunately falls seriously short in this.”


Operating with public money


FMO’s response to the report shows that the bank itself believes that the responsibility for making information public and the potential negative effects of investments on people and the environment lie with the project developers and its clients. However, as a development bank that is largely funded with public money, FMO has the mission and responsibility to invest in sustainable, fair projects that improve people’s lives and respect human rights. One way to ensure this is to strive for as much transparency as possible about intended investments and to enable affected communities to meaningfully participate in the decision-making surrounding a project. This research shows that FMO still has a lot of ground to cover in fulfilling communities’ right to information.


No reports on social and environmental impacts


The analysis of 241 projects disclosed on FMO’s website between January 1, 2019 and May 31, 2020, reveals that potential negative impacts for these investments was disclosed in only 59 cases (25%). For the remaining 182 investments (75%) there was no information available on the website.


Appendices with more detailed technical information, such as reports on social and environmental impacts, were under no circumstances available on the website. “What’s more, the little information that is disclosed is only available in English, while FMO has investments all over the world, often in countries where English is not the first or even second language,” said Ishita Petkar of the International Accountability Project (IAP). “As a development bank, it is FMO’s responsibility to ensure they are fulfilling the right to information for the communities they impact. True development requires respecting human rights – FMO should ensure vital information, including technical documents, are disclosed and accessible in national and local languages.”


FMO must improve policy and practice


The 28 organizations have written a letter to FMO calling on the bank to thoroughly review and strengthen its access to information policy and practice. This includes improving information disclosed on the FMO website, adopting internationally endorsed principles on access to information, and obligating clients to fully disclose project documentation. FMO must also ensure that information is disclosed in understandable formats and reaches the communities concerned, so that they can participate meaningfully in project decision-making processes as the intended beneficiaries of development.


More information



Press contacts



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Protection for delay in access to environmental information














On December 1, we filed an amparo action for delay of the Secretary of Environment of the Province of Córdoba in providing environmental public information. Through this action we ask the courts to require the Province to fulfill its duty to provide the requested information.








“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.






















During the months of October and November, we asked the Ministry of the Environment and Climate Change of the Province for public information related to the policies and actions implemented by the Provincial State regarding prevention, mitigation and adaptation measures to the phenomenon. In the absence of a response within the term provided by current provincial regulations, we again request the prompt dispatch of the administration.


















In the absence of a specific response, and when the deadlines have expired, we filed an action for protection for default. This consists in informing the Provincial Courts of the delay in complying with the deadlines ordered by law to answer the request, so that later the judicial body requires the authority in question to fulfill its duty.


















It should be remembered that the right of access to information is guaranteed in the Argentine regulatory system and is recognized in Principle 10 of the Declaration of Rio de Janeiro of 1994, the Escazú Agreement ratified by National Law No. 27,566, in art . 41 of the National Constitution, as well as Laws 25,831 on Access to Public Environmental Information and 25,675 General on the Environment. This right is a fundamental presupposition proper to democratic coexistence and is necessary for proper environmental management.


















In fulfilling their obligations, the authorities must provide such information, without it being necessary to prove interest or any reason, free of charge and within the prescribed deadlines. In the event of non-compliance, the action for protection by default is outlined as the way to guarantee the enjoyment of such a fundamental right.






Contact


Juan Bautista Lopez, juanbautistalopez@fundeps.org






























































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Right to Access to Information Day
Every September 28 we celebrate the International Day of Access to Public Information in order to promote government transparency and raise awareness among citizens in the exercise of this human right. This day has been held since 2002, following a conference held in Bulgaria, organized by defenders of freedom of information from 15 countries. Years later, in 2015, the United Nations Educational, Scientific and Cultural Organization (UNESCO) proclaimed the celebration of this date in order to consolidate public awareness about the importance of access to information.


“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.


The Right of Access to Public Information (DAIP) is a fundamental right that every person has to request and receive information that is in the possession of the State. In return, it is an inescapable duty of the public powers to implement and ensure compliance with the objective of making public management transparent. In its collective dimension, the DAIP acquires relevance for the strengthening of democracy since it functions as a mechanism to guarantee accountability and citizen control. In turn, it is a key right that enables and enhances the enjoyment of other human rights, such as health, a healthy environment, education, among others.


Access to information held by public entities can be guaranteed in two ways. Through active transparency, that is, when the State proactively publishes information or through a request for public information before a specific body, which is known as passive transparency.


Access to information in the province of Córdoba


In November 2019, and with the support of 14 organizations throughout the country, we launched the report “Córdoba: a proposal to update the law on access to public information” where, at the same time, highlighting the main international standards on the matter , we make specific recommendations so that Córdoba updates its law No. 8803 on Access to Knowledge of State Acts dating from 1999. From that moment to date, nothing has changed, so the update claim is still in force, let’s see what they are the main shortcomings of the law:


    

  • It is a law of 10 articles that, for the most part, is limited to establishing the procedure to access public information and fails to regulate the right of access to information in a comprehensive manner, so as to ensure its effective compliance.
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  • It does not enunciate, beyond the principle of “publicity of government acts”, other key principles in order to guarantee the right of access to public information to any person.
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  • It defines “public information” in a very limited way as “any type of documentation that serves as the basis for an administrative act or the minutes of official meetings.” In general, “document” refers to a written medium. That is why this definition is extremely restrictive and defines, ultimately, what citizens will or will not have access to. It is advisable that a broader definition of public information be followed as the national law does.
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  • It contains a limited number of subjects obliged to provide information: it does not contain entities that receive public funds (such as political parties or unions) or are contractors of the State to provide a public service; and as for the Judicial Power, it restricts it to its administrative activity.
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  • It does not provide for active transparency, so the type of information that it publishes is at the discretion of the provincial government without being subject to any type of control or minimum floor of information to be published.
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  • It does not foresee measures for the promotion, implementation and assurance of the right, as is the case of the existence of an Access to Public Information Agency.
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Access to public information is essential for the exercise of its function and the achievement of its objectives, since it constitutes a first element of analysis to be able to monitor public policies and collaborate accordingly.


In 2019, of more than 100 AIP requests made between the municipality and the province of Córdoba, only 10 were answered. There is also a practice that violates the principle of publicity and the strengthening of the institutions of democracy; This is to respond to requests for information, once they are prosecuted.


As an example we can cite the case “Foundation for the Development of Sustainable Policies c / Secretariat of Financial Administration of the Ministry of Finance of the Government of the Province of Cba. – Amparo Por Mora (Law 8,803) – Appeal for Cassation ”, in which, after 10 years we obtained in 2019 a favorable ruling from the Superior Court of Justice of Córdoba on budgetary information required in 2010 from the provincial and municipal governments regarding to the registry of suppliers and to the funds of direct execution in the hands of Ministers. Likewise, and without yet having a final judgment, in August 2019 we filed an amparo action against the provincial Ministry of Health for not responding to a request for information on health services in the area of ​​sexual and reproductive health in the province of Cordoba.


What happened this pandemic year?


The outbreak of the pandemic highlighted and exacerbated the difficulties that already existed and hindered the full exercise of the right of access to public information.


As is known, at the beginning of the pandemic and together with the mandatory social isolation measures, the “suspension of administrative terms” was ordered at all levels of government, both national, provincial and municipal, which implied a “stop” in the normal functioning of the entire public administration. In this area, it is worth highlighting a good practice on the part of the National Agency for Access to Public Information, which on April 14 of this year ordered through resolution 70/2020 to exempt itself from the general suspension of administrative deadlines so that all the procedures derived from both the national law on access to public information and the law on the protection of personal data, will be active. One of the fundamentals he used was the following “in the face of an emergency situation and a health crisis resulting from the pandemic generated by COVID 19, accessing public information is essential to know the Administration’s performance and avoid arbitrariness in taking of public decisions ”. We highlight this decision, which enabled Fundeps to make a total of 24 requests for public information at the national level, having already obtained 17 responses, which allows us to continue monitoring some key public policies on human rights.


Although at the provincial and municipal level, and in part due to the lack of active and interactive AIP Agencies with society and / or publicity of information related to AIP requests since the beginning of the pandemic, it was not possible to establish exactly when is that the AIP deadlines and mechanism were resumed.


At the municipal level, and given the new government management, the information request website has been updated, available here. For its part, the province forged by the emergency situation and social distancing that made it impossible to manage AIP requests in the only way that they were foreseen, that is to say in person, has settled a historical debt which has been the creation of a site of online inquiries to make requests for public information. Although we celebrate this progress, which is key in this period and which will facilitate the management of requests once it has ended, we consider that the requirement to have a Digital Citizen to be able to make a request for public information is excessive in terms of human rights. Although it may be desirable for the province for the entire population to manage its Digital Citizen, the right of access to public information cannot be subject to a formal and technological requirement such as this one. This is absolutely contrary to both the standards that guide this right and current legislation.


The Inter-American Model Law on Access to Public Information establishes that any person must access public information even anonymously, only having to provide a contact information in order to obtain the required information. Argentina, at the time of enacting Law 22,175 on access to public information in 2016, indicated that the requesting person must indicate their identity, the information requested and a contact information. Similarly, it is foreseen in Córdoba, in Article 6 of Law No. 8,803 where it is established that “the request for information must be made (…) with the identification of the applicant, without being subject to any other formality”. Therefore, the requirement of having a Digital Citizen is clearly an obstacle in the exercise of this human right.


In this context, some claims are still in force and are being deepened in order to effectively exercise the right of access to public information, such as the updating of Law No. 8,803 on “access to knowledge of the acts of the State” of Córdoba that dates from 1999, that special emphasis be placed on the obligation of active transparency by the States, having to publish complete and current information in open formats, as well as the creation of an Access to Public Information Agency at the provincial level that guarantees the full validity of this right.


Contact


Nina Sibilla, ninasibilla@fundeps.org