-42press” as essential components of the exercise of democracy. Moreover, Article 6 of the
Charter states that “[i]t is the right and responsibility of all citizens to participate in
decisions relating to their own development. This is also a necessary condition for the full
and effective exercise of democracy”; therefore, it invites the States Parties to
“[p]romot[e] and foster[...] diverse forms of [citizen] participation.”
80.
In the Nueva León Declaration, adopted in 2004, the Heads of State of the
Americas undertook, among other matters, “to provid[e] the legal and regulatory
framework and the structures and conditions required to guarantee the right of access to
information to our citizens,” recognizing that “[a]ccess to information held by the State,
subject to constitutional and legal norms, including those on privacy and confidentiality,
is an indispensable condition for citizen participation […].”78
81.
The provisions on access to information established in the United Nations
Convention against Corruption79 and in the Rio Declaration on Environment and
Development should also be noted.80 In addition, within the Council of Europe, as far back
as 1970, the Parliamentary Assembly made recommendations to the Committee of
Ministers of the Council of Europe on the “right of freedom of information,”81 and also
issued a Declaration establishing that, together with respect for the right of freedom of
expression, there should be “a corresponding duty for the public authorities to make
available information on matters of public interest within reasonable limits […].”82 In
addition, recommendations and directives have been adopted83 and, in 1982, the
Committee of Ministers adopted a “Declaration on freedom of expression and
information,” in which it expressed the goal of the pursuit of an open information policy in
the public sector.84 In 1998, the “Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters” was
adopted during the Fourth Ministerial Conference “Environment for Europe,” held in
Aarhus, Denmark. In addition, the Committee of Ministers of the Council of Europe issued
78
Cf. Declaration of Nueva León, adopted on January 13, 2004, by the Heads of State and Government
of the Americas, during the Special Summit of the Americas, held in Monterrey, Nuevo León, Mexico.
Cf. Articles 10 and 13 of the United Nations Convention against Corruption, adopted by Resolution 58/4
of the General Assembly of the United Nations of October 31, 2003.
79
80
Cf. Principle 10 of the Rio Declaration on Environment and Development adopted at the United Nations
Conference on Environment and Development held from June 3 to 14, 1992.
81
Cf. Recommendation No. 582 adopted by the Council of Europe Parliamentary Assembly on January 23,
1970. It recommended instructing the Committee of Experts on Human Rights Experts to consider and make
recommendations on:
(i) the extension of the right of freedom of information provided for in Article 10 of the European
Convention on Human Rights, by the conclusion of a protocol or otherwise, so as to include freedom to
seek information (which is included in Article 19(2) of the United Nations Covenant on Civil and Political
Rights); there should be a corresponding duty on public authorities to make information available on
matters of public interest, subject to appropriate limitations;
82
Cf. Resolution No. 428 adopted by the Council of Europe Parliamentary Assembly on January 23, 1970.
Cf. Resolution No. 854 adopted by the Council of Europe Parliamentary Assembly on February 1, 1979,
which recommended the Committee of Ministers "to invite member states which have not yet done so to
introduce a system of freedom of information,” which included the right to seek and receive information from
government agencies and departments; and Directive 2003/4/EC of the European Parliament and Council of
January 28, 2003, on public access to environmental information.
83
Declaration on the Freedom of Expression and Information adopted by the Committee of Ministers of
April 29, 1982.
84