Access to Information is still Limited

This analysis has been made with the aim of determining the level of implementation of the Law on Free Access to Information by nstitutions at different level.

In the first half of 2013 TI BiH has sent 77 requests for access to information referring to the Law on Free Access to Information at all levels of government. All requests were submitted upon the complaints of citizens which were sent to the Center for Legal Aid TI BiH. Each and every complaint was about inability of citizens to exercise their right to free access to information from public authorities. Out of 77 requests for information, 54 responses were received in accordance with the Law in expected period of 15 days. This represents an improvement compared to the previous years. TI BiH has sent 23 urgencies because of failure to comply with requests information within the legal deadline. After these urgencies, 11 institutions submitted their responses, and in three cases TI BiH failed a complaint due to the ‘’silence of administration’’.

Although, an improvement in the delivery of information is evident, public authorities do not submit their responses in the form prescribed by law, which leaves citizens without legal remedy and possibility to complain, and thereby extends the procedure to access to information.

Also, during 2013, TI BiH has filed 7 lawsuits against public authorities for noncompliance or incorrect implementation of the Institute of Public Interest. In many cases the institutions refuse access to information subsuming them under the exceptions, despite being obliged to carry out a public interest test first, and only then they can deny access to information on the basis of exception. Public authorities do not often make difference between information and personal data, and protection of personal data is placed before the Law on Free Access to Information.

During 2013, four administrative disputes, commenced previous years and related to the implementation of the Law on Free Access to information, were ruled in favor of TI BiH. Three cases were related to the ‘’ administrative silence’’ of the Ministry of Finance and Ministry of Interior of RS. They refused to provide information about the number of civil servants, and the Government of RS refused to provide information on which basis, under the item ’’Current grants for non-profit organizations,  ‘’ Nezavisne novine’’ as LLC was assigned 50.000 KM.  The District Court in Banja Luka, in all three cases, has ruled in favor of TI BiH, sentences were executed, and sued authority reimbursed the cost of an administrative dispute to TI BiH.  The fourth dispute, related to the lawsuit that Ti BiH filed against the Ministry of Interior of the RS due to incorrect implementation of the Law on Free Access to information, also ended in favor of TI BiH.

Although, the progress of institutions in their response to the requested information is significant, the problem of arbitrary interpretation of legislative provisions remains, as well as misuse of the exceptions and non-implementation of the public interest test. Also, the problem of laws inconsistency on the state and entity level remains unsolved, especially with regards to introduction of sanctions.  It is evident that there is a lack of awareness of the institutions in BiH about the importance of free access to information as one of the fundamental human rights and precondition for the responsible acting of public institutions.