GUATEMALA PASSES FREEDOM OF INFORMATION ACT

UNCLAS GUATEMALA 001229

SIPDIS

DEPT PASS TO USAID FOR LAC/CAM KSIENKIEWICZ

E.O. 12958: N/A
TAGS: PGOV KCRM KDEM KJUS SOCI MCC GT
SUBJECT: GUATEMALA PASSES FREEDOM OF INFORMATION ACT

REF: GUATEMALA 1017 AND PREVIOUS


1. Summary: After ten years of advocacy and three bills
before Congress, the Guatemalan Congress unanimously passed
the Free Access to Public Information Law on September 23.
The law requires all public and private entities that receive
public funds to respond to citizen requests for information
on their operations and administration of resources. Civil
society and Members of Congress applauded the measure as a
positive step towards increasing transparency, strengthening
democracy, and combating corruption. The Ambassador, AID and
oher Embassy officers lobbied members of Congress t pass
this law, and USAID actively supported passage of the bill
through its Transparency and Anti-Corruption Program. This
law addresses a key Millennium Challenge benchmark. End
Summary.


2. Since 1998, several Freedom of Information Act (FOIA)
initiatives have been presented to Congress but have not
received majority support. According to members of Congress,
civil society, and media, previous proposals focused on
declassification of military records which polarized
positions in Congress and prevented approval. The approved
bill is a merger of separate initiatives proposed by
Congresswomen Nineth Montenegro (Encounter for Guatemala) and
Rosa Maria de Frade (GANA) in February and March of this
year. The law will become effective 180 days after it is
published in the government's official newspaper, "Diario de
Centro America."


3. The bill covers all branches of government and includes
information such as internal budgets, procurement procedures,
international travel expenses, and data on numbers of
employees, salaries, and per diems. It exempts information
pertaining to national security, information prejudicial to
ongoing investigations and judicial proceedings, and
classified military documents. The bill establishes
sanctions of up to eight years imprisonment and fines of up
to USD 13,333 for officials who obstruct public access to
information. Civil society leaders and members of Congress
publicly praised the new law and expressed optimism that it
will lead to greater transparency and reduced corruption in
the management of state resources.


4. The Ambassador, AID and other Embassy officers actively
lobbied key legislative blocs to pass the law. USAID's
Transparency and Anti-Corruption Program helped draft the
bill and provided technical support to Congress through
Citizen Action, the Guatemalan chapter of Transparency
International.


5. Comment: Passage of the FOIA comes on the heels of the
ongoing government scandal in which USD 11.2 million of
congressional funds were illegally invested in a futures
market and lost (reftel). This scandal put intense pressure
on Congress to take positive steps on transparency. This
timely law should strengthen government accountability during
a time when the public is demanding that the government
reduce corruption and improve financial controls.
McFarland