Bolivia

Name of law: Supreme Decree No. 28168 of 2005 - Transparency in the Management of Executive Power First adopted: 2005 Last modified: n/a RTI Rating last updated: 2018-06

Introduction

Bolivia’s right to information law is generally weak despite strong constitutional and statutory recognition of this right. Its scope is limited, since it does not apply to the legislature, judiciary, independent public bodies and private bodies that undertake public functions or operate with public funding. Importantly, the law does not, for the most part, set out a uniform procedure for requesting information, instead leaving this to be developed separately by each public body, generating an exceptionally low score in this category of the Rating. The law fails to override other laws to the extent of any conflict and has only a very weak public interest override. Appeals go to the Office of the Public Defender, which lacks adequate powers to enforce the right and only has the power to make recommendations to public authorities. The law also fails to put in place a system for regular reporting on its implementation by either public authorities or a central body.

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