The
Constitution
provides for a right of access to government records.(1)
Article 74 states "Every person has a right to access
to public documents except in cases established by law."
Article 15 provides a right of "habeas data" that
allows individuals to access information about themselves
held by public and private bodies. Article 78 regulates
consumer product information, and Article 112 allows political
parties the right of "access to official information
and documentation". Article 23 provides for the mechanism
to demand information, "Every person has the right
to present petitions to the authorities for the general
or private interest and to secure their prompt resolution."
•
Undernourished people (% of total population),
2000/03: 13
•
Population with sustainable access to an improved
water source (%), 2002: 92
Source:
UN Development Program, Human Development Reports
Data
The
Constitutional Court has ruled in numerous cases on the
fundamental right of information as an essential part of
democracy.(2) The Court has also ruled
in over 110 cases relating to habeas data since 1992.(3)
Colombia
has a long history of freedom of information legislation.
In 1888, the Code of Political and Municipal Organization
allowed individuals to request documents held in government
agencies and archives, unless release of these documents
was specifically forbidden by another law.(4)
The
Law Ordering the Publicity of Official Acts and Documents
was adopted in 1985.(5)
This law allows any person to examine the actual documents
held by public agencies and to obtain copies, unless these
documents are protected by the Constitution, another law,
or for national defense or security considerations. Information
requests must be processed in 10 days.
If
a document request is denied, appeals can be made to an
Administrative Tribunal.
The
law also requires the publication of acts and rules. The
Constitutional Court ruled in December 1999 that under the
1985 Act and a 1998 amendment, legislative acts would only
be in force against individuals once they were published.(6)
The
law seems little used. Access to information is more common
under the constitutional right of Habeas Data than under
the 1985 law. There are longstanding problems with implementation
and enforcement.(7) A project of law to
adopt a stronger law was introduced in 2004 and is current
pending in the Congress.(8)
Under
the General
Law of Public Archives, after 30 years, all documents
become public records except for those that contain confidential
information or relate to national security.(9)
"Sufficient
transparency is lacking in public access to government
information. Article 23 of the constitution guarantees
the right to obtain information about the acts
of the state. The government must reply to such
petitions unless the information is classified
for reasons of national security or for the confidentiality
of judicial processes. Article 15 guarantees the
right to know the personal information that data
banks have collected about one. Legislative review
takes place at some points of the budget-making
process but is not comprehensive."
"The
Constitution and laws permit public access to
government information. The Constitution allows
all persons to access public documents. The Administrative
Code addresses the right to access public documents
and the right to review government information.
The Code also provides for the right to consult
public documents and receive expedited copies,
unless the information relates to defense or national
security and could be used to intimidate or embarrass
private citizens.
In
2003, the GOC launched the "Colombia Online"
program, which focuses on transparency, efficiency,
and clarity in government procurement practices.
Increased Internet use helped create a climate
of greater transparency by making public the
terms of reference of bidding processes and
eliminating onerous registration fees.
There
were no prohibitive fees to access government
information, and there were no reports of serious
abuses of the public information system. However,
small-scale graft, in which low-level officials
insisted on bribes to speed up access to information,
was a problem."
1)
Voice and Accountability: -0.47
2) Political Instability and Violence: -1.69
3) Government Effectiveness: -0.18
4) Regulatory Burden: -0.12
5) Rule of Law: -0.70
6) Control of Corruption: -0.16
