The National Assembly of People's Power in Cuba approved the "Law on Transparency and Access to Public Information" this Thursday during the third period of its tenth legislature.
This regulation, which is presented as progress in the fulfillment of the obligations of State organs to provide public information, has drawn criticism due to its potential use to restrict access to information instead of promoting true transparency.
Cubadebate indicates that the new law establishes that "all individuals have the right to request and receive truthful, objective, and timely information from the State" (Art. 53).
The government assures that with this new regulation it will guarantee access to personal data in public records, allowing for its correction or cancellation if necessary (Art. 97). Furthermore, it emphasizes that state bodies must act with transparency (Art. 101).
Despite these promises, the law is framed within the principles of the socialist rule of law, as stipulated in articles 1, 8, and 10 of the Cuban Constitution. This context has been criticized for limiting the real effectiveness of the law, as transparency in an authoritarian regime tends to be more symbolic than practical.
The law was presented by the Minister of Science, Technology and Environment, Eduardo Martínez Díaz, who stated that the regulation is "the highest expression of the political will of the Cuban State and Government to make their management transparent."
Experts and critics of the regime point out that this legislation could be used to further control information, rather than promoting free and genuine access to data of public interest.
In his speech, Martínez Díaz recalled Raúl Castro's words in 2010 about the need to eliminate excessive secrecy. The practical application of these ideas in a regime that has maintained strict control over information and press freedom for decades is questionable.
The law prohibits disclosing classified information that may affect national sovereignty, defense, and security, personal data, ongoing judicial proceedings, intellectual property rights, and the confidentiality of commercial data, among others.
These broad and vague exceptions can be used to justify censorship and maintain control over sensitive information.
The bill was presented by Deputy Martha del Carmen Mesa Valenciano, who highlighted the consultative process and the simplification of the document.
Deputy Daicar Saladrigas González emphasized that the real challenge lies in its implementation, as it requires a substantial change in the practices of state institutions, known for their opacity and lack of accountability.
The Law on Transparency and Access to Public Information in Cuba is presented as an advancement, but its real effectiveness is in doubt due to the broad exceptions and the context of an authoritarian regime that has historically restricted freedom of information.
The distrust towards the implementation of the law and its potential use to maintain state control over sensitive information reflects the concerns of those who advocate for true transparency and accountability in Cuba.
The law will come into effect 180 working days after its publication in the Official Gazette of the Republic of Cuba.
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