The
Constitution
was amended in 2004 to include a right of access to information.(1)
Article 43 gives all persons the right to access public
information except in cases where it has been restricted
by law. Article 42 allows individuals the right to access
and control personal information held by public or private
bodies. Article 44 gives the right of habeas data to enforce
both of these rights of access in court.
•
Undernourished people (% of total population),
2000/03: 26
•
Population with sustainable access to an improved
water source (%), 2002: 91
Source:
UN Development Program, Human Development Reports
Data
The
Law
on Transparency in Public Administration was approved
by the National Assembly in December 2001 and promulgated
on 22 January 2002.(2) The law gives the
right for any person to ask for information in any form
from government bodies. Individuals also have the right
to access their own files and correct them. Government bodies
must respond within 30 days. Fees can only be charged for
reproduction.
Information
relating to another person's medical and psychological condition,
family life, marital and sexual history, criminal records
and telephone conversations and other private communications
is considered confidential and cannot be released. Restricted
information relating to national security, commercial secrets,
investigations, natural resources, diplomatic relations,
and cabinet discussions can be withheld for 10 years.
Government
bodies also have the obligation to publish regulations,
general policies and strategic plans, internal procedure
manuals, and descriptions of organizational structures.
A code of ethics requires that all senior government officials
publish declarations of their financial holdings, conflicts
of interests and other information for anti-corruption purposes.(3)
Appeals
can be made to a court under an action of habeas data.
There
are sanctions for failing to comply with the law or destroying
or altering information.
The
Ombudsman (La
Defensoría del Pueblo) has been active in promoting
implementation of the law.(4) It set up
a "Transparency Node" and made arrangements with
government departments to facilitate access to information
online such as the state payroll. The office also published
a guide on the Act(5) and has pursued cases
in court including against departments that did not make
their payrolls available online.
A
controversial implementing decree was issued in May 2002
that limited access to "interested persons."(6)
The regulation was criticized by the OAS, the Ombudsman,
civil society groups and the media.(7)
The Ombudsman filed a complaint with the Supreme Court asking
the court to find the regulation illegal. The Court upheld
the restrictions in a series of cases. However, starting
in 2004, the Court reversed its position and ruled that
it was not necessary to show an interest. President Martín
Torrijos ran on a campaign of anti-corruption and was critical
of the regulation. His first act as President in September
2004 was to repeal the regulations.(8)
There
are still many serious problems with the implementation
of the Act. The Inter American Press Association (IAPA)
noted some of the problems and made recommendations on changes
in February 2006, stating:
This
legislation begs many serious questions. There still exists
a culture of secrecy in Government, which has not been
overcome. Public employees are reluctant to offer information,
and, in general, deny or make excuses upon receiving requests.
Therefore, it is recommended improving Chapter VI of the
law that deals with sanctions and responsibilities of
government employees when information is denied. There
cannot be an adequate implementation of this law while
there is no awareness campaign at all levels on the benefits
and how it can be used in practice. In general, citizens,
public officials, and civil society do not use this law,
so the Government is urged to launch a staunch educational
campaign.(9)
2.
Ley
No. 6 de 22 de enero de 2002 Que dicta normas para la
transparencia en le gestión pública, establece
la acción de Hábeas Data y dicta otras disposiciones.
9.
Inter American Press Association, IAPA asks Panamanian
Congress to strengthen reforms on press freedom, Recommendations
during Chapultepec Forum on decriminalization of libel and
slander, right to reply, transparency, and access to public
information, 14 February 2006.
"Immediately
upon taking office on September 1, the Torrijos
Administration revoked a Moscoso Administration
implementing decree that impeded enforcement of
the Transparency Law intended to provide public
access to information from and about public entities.
In May, the Supreme Court had invalidated on constitutional
grounds several of the decree's most restrictive
articles. In November, the Torrijos administration
decreed that cabinet meeting minutes are exempt
from public release under the Transparency Law.
In late October, the Solicitor General interpreted
the Constitution narrowly in advising the Ministry
of the Presidency on the disclosure of statements
of officials' assets by notaries, indicating that
notaries are only authorized to disclose the statements
to the Comptroller General, the Ministry of Economy
and Finance, and authorities with jurisdiction."
Civil
Society, Public Information and Media (rating 1-100):
67 (Weak)
Subcategory:
Access to Information Law (rating 1-100):
71 (Moderate)
"On
January 22, 2002, a key victory towards access
to information was achieved with the approval
of Law 6 (Transparency Law), which "dictates
norms for transparency in public administration,
and establishes habeas data actions and other
regulations," presented in the Legislative
Assembly by the Panamanian Chapter of Transparency
International. However, this important tool for
controlling corruption was manipulated with Executive
Decree 124 of 2002, which amended the so-called
Transparency Law and now hinders its effective
performance. Although there has been some progress
on the legal level-the publishing of 90 percent
of the state payroll on the Public Defender Office's
Web site, for example, and limits on the secretive
practices of a large number of public servants-when
information is not released, and an application
for a habeas data is presented in court, it is
most often denied, on the basis of the amended
Transparency Law. Almost all the presidential
candidates in the 2004 elections have committed
themselves, once they obtain power, to abolish
Executive Decree 124 and allow public access to
information."
1)
Voice and Accountability: 0.54
2) Political Instability and Violence: 0.29
3) Government Effectiveness: 0.01
4) Regulatory Burden: 0.22
5) Rule of Law: -0.04
6) Control of Corruption: -0.06
