The General Assembly of the Organization of American States, meeting in El Salvador June 5-7, approved resolutions on access to public information, protection of personal data, access to the truth about past human rights violations, and many other topics. (See OAS press release and links to the declaration in English and Spanish.)
While recalling past resolutions on these topics, the Assembly resolutions are updated and expanded to include new particulars.
Prior to the meeting, the Alianza Regional por la Libre Expresión e Información praised the draft resolution on access to information and protection of personal data and urged its adoption. The Alianza Regional is formed by 21 nongovernmental organizations from 17 countries of the Americas. The group also highlighted the importance of developing an “Inter-American Program on Access to Public Information” that takes into account the contributions made by civil society.
Alianza includes its recommendations in a declaration (Spanish) (Highlights in English below).
Access Resolution Approved
Concerning access to information, the OAS resolution urges states “to consider embracing and implementing the Model Inter-American Law on Access to Public Information” and instructs the OAS General Secretariat to help.
The Permanent Council is asked to have the Committee on Juridical and Political Affairs, consider the preparation of an Inter-American Program on Access to Public Information. Member states are urged to hold domestic and regional seminars on the implementation of the model law and incorporation of it into their laws.
OAS Aims for Own Disclosure Policy
The General Assembly also stated that the General Secretariat should develop an internal policy and prepare a directive for access to public information within the Organization, in line with the standards followed in other multilateral organizations, and to put it into effect prior to the forty-second session of the General Assembly next year in Bolivia.
The Special Rapporteur for Freedom of Expression was told to continue including, in the Annual Report of the Inter-American Commission on Human Rights (IACHR), a report on the situation/state of access to public information in the region and its effect on the exercise of the right to freedom of expression.
The resolution also draws attention of member states to the International Conference of Data Protection and Privacy Commissioners, to be held in Mexico City from Oct. 31 to Nov. 2.
Privacy
After thanking the Department of International Law for presenting the Draft Preliminary Principles and Recommendations on the Protection of Personal Data, the resolution calls for “a comparative study of different existing legal regimes, polices, and enforcement mechanisms for the protection of personal data, including domestic legislation, regulation, and self-regulation, with a view to exploring the possibility of a regional framework in the area.”
The Inter-American Juridical Committee is advised to present, prior to 2011 session, “a document of principles for privacy and personal data protection in the Americas.”
The General Secretariat is told to establish channels of information with other international and regional organizations on data protection and to identify new resources to support member states’ efforts to facilitate access to public information and the protection of personal data and to encourage other donors to make contributions toward that goal.
Right to Truth
The General Assembly truth resolution begins by recognizing “the importance of respecting and ensuring the right to the truth so as to contribute to ending impunity and to promoting and protecting human rights.”
The resolution welcomes the establishment in several states of specific judicial mechanisms and bodies “that contribute to the work of the justice system and to the investigation of violations of human rights and international humanitarian law; and to express appreciation for the preparation and publication of their reports.” It encourages the dissemination of information developed by these bodies and the monitoring of their recommendations.
The resolution goes on to encourage other states to follow suit, and asks the IACHR to assist states on this. The resolution urges those states that have not already done so to consider signing and ratifying the International Convention for the Protection of All Persons from Forced Disappearance.
The IACHR is instructed to continue working on the preparation of a report, for presentation to the Permanent Council prior to the 2012 General Assembly, “on the evolution of the right to the truth in the Hemisphere, which report shall include national mechanisms and experiences in this regard as well as best practices to ensure effective fulfillment of the right to the truth. This will be done with a view to the Permanent Council’s holding, in the first half of 2012, a special meeting on the right to the truth to discuss the IACHR report and exchange national experiences.”
The OAS Assembly encouraged “all states to take appropriate measures to establish mechanisms or institutions for disseminating information on human rights violations and ensuring that citizens have appropriate access to said information, in order to further the exercise of the right to the truth, prevent future human rights violations, and establish accountability in this area.”
Other Resolutions
The lengthy Assembly declaration also includes resolutions on civil society participation, corruptions, human rights defenders, strengthening the human rights system, freedom of thought and the importance of the media, freedom of assembly, and promotion of democracy.
Alianz Regional Recommendations
The Alianza Regional´s Declaration of San Salvador includes a variety of recommendations, including support for the development of an access to public information directive within the OAS.
In addition, Alianza Regional requested the Inter-American Judicial Committee, along with the development of a document on “Principles of Privacy and Personal Data Protection in the Americas,” “to determine standards that allows to harmonize the principles of maximum disclosure on access to public information with the purpose in protecting personal data. Proper harmonization of these principles is essential to guide the work of the jurisprudence of governing bodies, as well as those of Constitutional and Justice Courts of every Member State.”
“It is considered an urgent issue” that the OAS “guarantee the right to life and physical integrity of the communicators, since an attack on them means a reprehensible action as well as a serious violation of the right to freedom of expression and right to information of the citizenship. Moreover, it has to be respected and guaranteed the editorial independence of media and journalists, of any undue pressure from the State.”
Further:
The Alianza Regional encourages Member States to include a recommendation to repeal or amend laws that criminalizes contempt, defamation, libel and slander. We also urged to exempt from any penal sanction news reports and opinion of public interest, by reference to the provisions of the Case “Kimel v. Argentina” and previous ruling by the Inter-American Court of Human Rights.
On the other hand, it is important that in the respective resolutions, decisions to attempt to reinterpret the American Convention on Human Rights are rejected and reiterated that any restriction on fundamental rights must be established by an act of higher rank and not by “internal rules”.
Additionally, the Alianza Regional supports the suggestion of the General Assembly to the Permanent Council, to hold a meeting with National Authorities of Member States regarding new trends and debates related to the right of freedom of expression and thought, and suggest including in these meeting representatives on civil society of all countries.
Finally, the Alianza Regional welcomes the initiative to promote through a resolution the strengthening of rights to freedom assembly and association in the Americas, bearing in mind that these rights are seriously threatened in some countries of the region, by increasing application of legal and administrative measures with the aim of impeding the exercise of these rights, turning into a form of indirect censorship. We express our concern regarding the growing tendency to improperly use the criminal law and other measures to punish social protest in some countries of the region, clearly attempting against freedom of expression.
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