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12
OCTOBER 2006
Inter-American Court Finds Fundamental Right of Access to
Information
In
the first decision of its kind from an international tribunal,
the Inter-American
Court of Human Rights ruled yesterday that there is
a fundamental human right to access government information.
In
the case of Claude Reyes and others vs. Chile, the Court
found in favor of three environmental activists who in 1998
sought information from the Chilean government about a controversial
logging project. By failing to provide access to the requested
information, the Court held that Chile had violated Article
13 of the American
Convention on Human Rights, which guarantees freedom
of thought and expression.
According
to the Court, Article 13 contains an implied right of general
access to government-held information, and States must adopt
legal provisions to ensure the right is given full effect.
The Court specifically ordered Chile to provide the requested
information about the Rio Condor logging project or to issue
a reasoned decision for withholding it, as well as to adopt
adequate administrative procedures to protect the right
in the future and to train public officials to uphold the
public's right to information.
International
advocates of transparency in governance and the right-to-know
applauded the precedent-setting court decision. "The
Court has ruled that freedom of information is a fundamental
personal, social, and civic right, and a critical component
of a full transition to democracy," said Peter Kornbluh
who directs the Chile Documentation Project at the National
Security Archive. According to Helen Darbishire, Executive
Director of Access
Info Europe, the decision "will be invaluable for
activists who need government information to defend other
human rights, protect the environment, and fight corruption."
Related
Materials
Read
the decision [in Spanish]
English
summary of the case and decision [PDF]
Access
Info Europe press release [PDF]
Read
the amicus brief filed in the case by Article 19 and the
Open Society Institute Justice Initiative [PDF]
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