-43a recommendation on the right of access to official documents held by the public authorities,85 and its principle IV establishes the possible exceptions, stating that “[these] restrictions should be set down precisely in law, be necessary in a democratic society and be proportionate to the aim of protecti[on].” 82. The Court also finds it particularly relevant that, at the global level, many countries have adopted laws designed to protect and regulate the right to accede to State-held information. 83. Finally, the Court finds it pertinent to note that, subsequent to the facts of this case, Chile has made significant progress with regard to establishing by law the right of access to State-held information, including a constitutional reform and a draft law on this right which is currently being processed. * * * 84. The Court has stated that “[r]epresentative democracy is the determining factor throughout the system of which the Convention is a part,” and “a ‘principle’ reaffirmed by the American States in the OAS Charter, the basic instrument of the inter-American system.”86 In several resolutions, the OAS General Assembly has considered that access to public information is an essential requisite for the exercise of democracy, greater transparency and responsible public administration and that, in a representative and participative democratic system, the citizenry exercises its constitutional rights through a broad freedom of expression and free access to information.87 85. The Inter-American Court referred to the close relationship between democracy and freedom of expression, when it established that: Freedom of expression is a cornerstone upon which the very existence of a democratic society rests. It is indispensable for the formation of public opinion. It is also a condition sine qua non for the development of political parties, trade unions, scientific and cultural societies and, in general, those who wish to influence the public. It represents, in short, the means that enable the community, when exercising its options, to be sufficiently informed. Consequently, it can be said that a society that is not well informed is not a society that is truly free.88 86. In this regard, the State’s actions should be governed by the principles of disclosure and transparency in public administration that enable all persons subject to its jurisdiction to exercise the democratic control of those actions, and so that they can question, investigate and consider whether public functions are being performed adequately. Access to State-held information of public interest can permit participation in public administration through the social control that can be exercised through such access. 85 Cf. Recommendation No. R (2002)2, adopted on February 21, 2002. 86 Cf. . Case of YATAMA. Judgment of June 23, 2005. Series C No. 127, para. 192; and The Word "Laws" in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of May 9, 1986. Series A No. 6, para. 34. 87 Cf. Supra note 75. 88 Cf. . Case of Ricardo Canese, supra note 72, para. 82; . Case of Herrera Ulloa, supra note 72, para. 112; and Advisory Opinion OC-5/85, supra note 72, para. 70.

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