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DIALOGUES WITH JOURNALISTS ON THE IMPLEMENTATION OF THE NEW LAW ON ACCESS TO PUBLIC INFORMATION IN PARAGUAY

Year when project approved: 
2015
Approved budget: 
US$15 325.00

On August 2014, the Paraguayan law on access to public information was passed. Our institution – IDEA- has been leading efforts towards this goal for 8 years: a process that at times could not to see a light at the end of the tunnel, and required a significant investment in terms of time and funds. 
 
During that process, communicators have been mostly allies; although a small number of the sector opposed. Led by IDEA, the GIAI (a Group of NGOs an individuals who got together to coordinate actions in support of Access to Information) included the press at all times, as main protagonists of the subject, and as such, invited its members to several discussion forums and consultation sessions. 
 
At present, with the goal of having the law approved now accomplished, we consider this a very timely moment to promote forums to reunite journalists in the capital and the interior regions of Paraguay to convey, in our capacity as lawyers and drafters of the law, a comprehensive and thorough analysis of the new law and discuss opportunities and challenges its presents. 
 
As indicated, this process has been closely accompanied, right from the start, by important representatives of the press. The most recent joint movement came when in late May 2014 a group of journalists and members of civil society expressed concern about a worrying twist in the treatment of the bill. It had been approved by the Senate including an Article that would have distorted its essence and purpose, and when the bill was passed to the House of Representatives its Committee on Press and Propaganda issued a statement which considered "unnecessary the adoption of a law on access, given that the Constitution guarantees this right”. In this situation, the joint statement of journalists and civil society expressed as follows: “The right of access to public information is a fundamental human right to a democratic society and to realize the enjoyment of other rights. There can be no democracy without guarantees and regulations that make effective the exercise of this right. Secrecy is the argument of the inhibiter, and should be categorically banished from our society. 
 
The Constitution enshrines this right and explicitly mandates that "the law shall regulate the time, manner, and penalties for the effective exercise of this right." (Article 28). The fact that more than 20 years went by and we are still in default of this command shows how difficult or impossible has been for our citizens to access public information, as a result of persistent obscurantism practices in public institutions. 
 
Free press and free exercise of journalism do not contradict this law. Rather, they are enhanced and improved in quality and range when access to public information laws are in effect. This has happened and is happening in more than 90 countries of the democratic world with access laws. The laws on access to public information based on legitimate internationally accepted standards, help promote quality journalistic research. 
 
The branches of government have the historic challenge to effectively guarantee this right that benefits the citizens providing them with better weapons for the effective control of the management of public affairs. The Legislature has in its hands the opportunity today to accomplish what the Constitution explicitly commands, and to respond to recommendations made to Paraguay by the American Commission on Human Rights and other international agencies, to ensure the effective access to public information. As for the bill that is currently being analyzed at the House of Representatives, it is imperative that Article 22 be removed or modified according to these international standards to prevent it from becoming an obstacle to the effective exercise of this right of access to public information" 
 
The statement also reminded MPs the General Assembly of the Organization of American States was to be held soon in Paraguay with the theme of "Development Social Inclusion", and expressed the need for consistency with this motto. It was argued that there can be no real development or inclusion if people do not have their basic rights guaranteed, which include public to access information in quick, easy and timely manner. 
 
The result of this joint action between communicators and civil society organizations was the approval by the Chamber of Deputies of the bill with the exclusion of the infamous article 22 (which established a series of exceptions on information that can be made public). The bill went back to the Senate only for the processing of its sanction, in the month of August 2014 and the President finally signed the law in September 2014. 
 
This proposal consists in building upon this existing project, which aims for communicators to get to know and understand the access to information law in detail, its mechanisms, and the opportunities and challenges it presents. 

Documents
Full project description: 
Project details
IPDC Bureau meeting nº: 
59

Implementation status :

Project evaluated:

Project scope:

Budget
Budget code: 
354GLO5003.58

Source of funds:

Donor country:

Beneficiary
Beneficiary name: 
IDEA – Instituto de Derecho y Economía Ambiental
Beneficiary description: 

The Organization "Institute Of Environmental Law And Economics" (IDEA) is a civil association for common good, non-profit, which recognizes as its main objective the study and application of the Environmental Law and Environmental Economics towards sustainable development, and to reconcile harmonically the social aspirations of better quality of life with development, preservation of environmental balance, heritage and natural resources. The institute also develops an approach to analysis and discussion of the national and regional reality, to generate political and social governance proposals in our areas of expertise, which can be applied in practice. In the past we have received funds from organizations such as the Open Society Foundation. 

Beneficiary address: 
Calle Nicanor Torales 174, Asuncion

Beneficiary country:

Beneficiary phone: 
+595 21 662543

Beneficiary type:

Location and contacts
UNESCO

UNESCO Field Office:

Project contacts: 

Ezequiel Santagada, IDEA Executive Director: ezequiel.santagada@idea.org.py

Project place: 
Asuncion, Paraguay