Freedom of Expression
Bolivia
PRINCIPLE 4 OF THE DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION (Access to information held by the state)
25. On January 31, 2004, Supreme Decree 27,329 was adopted. Some organizations petitioned the President of the Republic, Carlos Mesa Gisbert, to review it, for it included restrictions such as a prohibition keeping prosecutors from releasing information on a judicial investigation, and it categorized military and economic activities as classified, along with information on activities to ensure territorial integrity and on trade negotiations.[1] As this report was being prepared, a bill on access to information prepared by the Presidential Anti-corruption Office was being consulted and reviewed.
PRINCIPLE 6 OF THE DECLARATION OF PRINCIPLES ON FREEDOM OF EXPRESSION (Compulsory membership in an association for the practice of journalism)
26. Boliviarequires a university degree in order to work as a journalist, and one must be entered in a National Registry.[2] While according to the information received most of those graduating from programs of study other than social communications can work as journalists, the Office of the Special Rapporteur urges that the provisions establishing those requirements be eliminated, in keeping with the caselaw of the Inter-American Court of Human Rights on this specific issue, and the Declaration of Principles on Freedom of Expression.
PROGRESS
27. On May 14, 2004, the cabinet ministers and the President of the Republic, Carlos Mesa Gisbert, signed a Supreme Decree for Community Radiobroadcasting. In the regulations approved, there are no limitations on power or frequency, accordingly, it gives full access to the country’s radio spectrum. The law gives the communities, mostly indigenous and rural, the capacity to run their own radio and television stations and opens the door to such stations having advertising.[3]
[1] El Diario (Bolivia), “Decreto sobre transparencia de información será revisado,” March 3, 2004, www.eldiario.net, Inter-American Press Association, Country-by-Country Reports, Annual Assembly, at www.sipiapa.com, October 2004.
[2] Inter-American Press Association, Country-by-Country Reports, Annual Assembly, at www.sipiapa.com,
October 2004.
[3] International Freedom of Expression Exchange (IFEX), May 26, 2004, at www.ifex.org, letter from AMARC-BOLIVIA.