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Peru : Indicators

2012 > 20 Key Indicators 2012 > Freedom of Information Legislation

The Political Constitution of Peru establishes access to public information as one of the fundamental rights of every citizen. The country also has Law No. 27806, the Law on Transparency and Access to Public Information, which has been in force since 2003, and which regulates every citizen’s right to request information and the obligation of the State bodies to publish information on their websites and/or disseminate it in newspapers and periodical reports.

Since the outset of the programme, DAR has measured the level of compliance of the public institutions with responsibilities in administration of the forest sector with the Law on Transparency and Access to Public Information and the specific regulations on implementation of transparency websites. Compared to 2011, the levels of transparency and access to information have increased slightly, and in particular the Regional Governments have implemented measures for greater transparency within their institutions. However, there are still government bodies which do not even reach 50% compliance in their levels of transparency (as far as their Websites are concerned). In addition, there are public bodies which either do not publish all the information required by law, or publish it in an incomplete or outdated manner.

It is true that some progress has been made, but this is relatively insignificant given that change is very slow and in some cases it seems as though the topic of transparency and access to public information has been stopped or put on “stand by”; this could be because in practice there is no real monitoring of this topic by the State. The Congress of the Republic and the Office of the Auditor General of the Republic should take on a real commitment to monitor the public institutions, and take the appropriate measures in cases of non-compliance with the law. It should also be stated that since 2008 the Public Ombudsman has been publishing reports and annual balances on supervision of the transparency websites of the regional governments and provincial municipalities located in departmental capitals; furthermore, in April 2012, this body proposed the creation of an Autonomous National Authority on Transparency which, if implemented, would be great progress in implementing genuine oversight and monitoring of the public institutions in this field.

Title a. Paragraph 5 of Article 2 of Peru’s Political Constitution of 1993, which establishes access to information as a fundamental right, allowing anyone to “request the information required, without specifying the reason why, and receive it from any public body, within the legal deadline, with the cost entailed by the request. Exceptions to this are information affecting personal privacy and information expressly excluded by law or for reasons of national security”.
b. Law No. 27806 - Law on Transparency and Access to Public Information; the Single Text of which was approved by Supreme Decree No. 043-2003-PCM of 22 April 2003.
c. Law No. 27927 - Law modifying Law No. 27806, Law on Transparency and Access to Public Information.
d. Supreme Decree No. 072-2003-PCM 2003 – Approving Regulation of the Law on Transparency and Access to Public Information
e. Law No. 29091 2007 - Law modifying paragraph 38.3 of Article 38 of the General Administrative Procedures Law which sets out the publication of a number of legal provisions on the Website of the Peruvian State and on Institutional websites.
f. Supreme Decree No. 063-2010-PCM – Approving implementation of the Standard Transparency Website in Public Administration Bodies.
g. Ministerial Ruling No. 200-2010-PCM – Approving Directive No. 001-2010-PCM/SGP “Guidelines for implementation of the Standard Transparency Website in Public Administration Bodies”.
Organisation a. Office of the President of the Republic
b. Congress of the Republic
c. Congress of the Republic
d. Office of the President of the Council of Ministers
e. Congress of the Republic
f. Office of the President of the Council of Ministers
g. Office of the President of the Council of Ministers
Source a. http://www.tc.gob.pe/constitucion.pdf
b. http://www.peru.gob.pe/normas/docs/LAW_27806.pdf
c. http://www.construyendoperu.gob.pe/Documentos/Transparencia/law_27927.pdf
d. http://can.pcm.gob.pe/files/Normatividad/ds_072_2003_pcm.pdf
e. http://www.ongei.gob.pe/Bancos/banco_normas/archivos/law_29091.pdf
f. http://www.ongei.gob.pe/Bancos/banco_normas/archivos/Ds_063_2010_PCM.pdf
g. http://www.ongei.gob.pe/Bancos/banco_normas/archivos/n_200-2010.pdf
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