INTERNATIONAL DAY FOR UNIVERSAL ACCESS TO INFORMATION MARKED: A CHALLENGE THAT LASTS FOR 22 YEARS

Sarajevo, September 28, 2023 – The new Law on Freedom of Access to Information, which was adopted in the Parliament of Bosnia and Herzegovina, reduces the range of acquired rights and achievements present in the upcoming laws, while in certain aspects the new solution is not in accordance with international standards and practices, is the message of the conference “The new Law on Freedom of Access to Information – Progress or new challenges in access to information” organized by Transparency International in Bosnia and Herzegovina today in Sarajevo.

Marking September 28, the International Day for Universal Access to Information, the conference was an opportunity to review the news brought by the new Law on Freedom of Access to Information at the BiH level, as well as the process that preceded its adoption, and an overview of the previous experience in the implementation of the law in this area at all levels in Bosnia and Herzegovina.

The adopted law significantly restricts access to information of public interest, given that it contains a long list of exceptions or possible restrictions on access to information in the possession of public authorities, which turned the European standard of open and free access to public information into an exception rather than a rule, conference participants agreed.

The fact that the application of the right to access public information is potentially worsened by the new law is also indicated by the reduction of the competence of the Institution of the Ombudsman for Human Rights, which by no means represents a movement in the right direction, and the decision that the Appeals Council at the Council of Ministers of BiH receives the role of a second-level body is especially worrying, bearing in mind the experience with the work and functioning of the Council of Ministers, which was directly reflected in the stagnation of procedures, the violation of deadlines, and therefore the violation of human rights.

In addition, one of the shortcomings of the new law is reflected in the fact that it does not provide for sufficiently severe sanctions, and the participants of the conference emphasized that it was necessary to go in the direction of a solution that foresees that sanctions are imposed in case of violation of the law itself, and not only in situations where one does not comply with the order of the administrative inspector.

Addressing the participants of the conference on behalf of the Embassy of the Kingdom of Sweden, which supported the event, Birgitta Jansson emphasized that the principles of openness and transparency lie within the basic principle of human rights, with the message that “It is the duty holder’s obligation to respect and implement these principles, and the right of citizens to access to information is fundamental in every democratic society”.

The conference marked 22 years of the existence and application of the law that guarantees freedom of access to information in Bosnia and Herzegovina, and was an opportunity to present a cross-section of research on transparency  in the work of public bodies and the application of the Law on Freedom of Access to Information in Bosnia and Herzegovina, which the TI BiH Center for Providing Free Legal Aid has been implemented continuously since 2011.