Peru’s Council of Ministers Restrict Access to Documents

29 October 2012

Peru’s Council of Ministers has restricted access to documents produced as part of the deliberative process prior to a governmental decision-making, including its agenda.

The Council of Ministries’ resolution (in Spanish) regulates one of the exceptions to the right of access to information established in the FOI and Transparency Act. Article 17, clause 1 establishes that any advice, recommendations or opinions produced as part of the deliberative process prior to a governmental decision-making are not to be disclosed.

The resolution is applicable only within the Council of Ministries. It was officially published Oct. 21.

One Peruvian transparency activist said he objected to the amendment because of its breadth and because it includes all information about the meetings of the Council, including the agenda.

Like the Cabinet in some countries, the Council’s main task is the coordination and follow-up of the national and sectoral policies of the Executive. It also coordinates the relation between the Executive and the other powers as well as with regional and local governments, other institutions from the Executive and with civil society.

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