Bolivia
Supreme Decree No. 28168 of 2005 - Transparency in the Management of Executive
Power
UNOFFICIAL TRANSLATION
CONSIDERING
That the right of people to information, consisting of exercising the freedom to seek,
receive and disseminate information and ideas of all kinds, regardless of frontiers, either
orally, in writing, in print, artistic or by any another procedure of its choice, is
recognized, in its individual aspect, in subsection b) of Article 7 of the Political
Constitution of the State, which establishes the right to freely issue ideas and opinions by
any means of dissemination, and, in its social aspect, as an implicit right, in its Article 35.
That the right to information is directly related to the fundamental right of people to
formulate petitions individually or collectively, recognized in subparagraph h) of Article
7 of the Political Constitution of the State.
That the Universal Declaration of Human Rights, in its Article 19, establishes that:
"Every individual has the right to freedom of opinion and expression; this right includes
not being disturbed because of their opinions, of investigating and receiving information
and opinions, and of disseminating them, without limitation of borders, by any means of
expression.
"
That the International Covenant on Civil and Political Rights indicates the need for States
to guarantee the right of every person to freedom of expression, which includes the
freedom to seek, receive and disseminate information and ideas without regard to
borders, either orally, in written or artistic form, or by any other procedure of their
choice.
That the American Convention on Human Rights stipulates that the right of expression
may not be restricted by indirect means or means, such as the abuse of official or private
controls of newsprint, of radio frequencies or devices used in the dissemination of
information, or by any other means aimed at preventing communication and the
circulation of ideas and opinions.
That Resolution No. 1932 adopted by the Organization of American States, in its plenary
session of June 10, 2003, establishes that: "access to public information is an
indispensable requirement for the very functioning of democracy, a greater transparency
and good public management, and that in a democratic, representative and participatory
system, citizens exercise their constitutional rights of political participation, voting,
education and association, among others, through a broad freedom of expression and free
accessto information. "
That in a broad and inclusive democratic society the aspiration is the validity of a right to