Proposed amendments to the FBiH Law on Free Access to Information are just for „cosmetic“ purposes

Without having consulted the interested parties, the Government of FBiH has prepared the Draft Law on Amendments to the FBiH Law on Free Access to Information which presents only „cosmetic“ change and does not contain very important provisions related to proactive transparency

Sarajevo, 17th December 2015. – The Government of FBiH submitted to the parliamentary procedure the Draft Law on Amendments to the Law on Free Access to Information by which it proposes solutions that regulate legal remedies available to the parties in procedure. However, the proposed solutions do not provide necessary fundamental changes related to proactive transparency, i.e. the establishment of the obligation to publish information of public interest governed by public authorities.
Members of the Coalition the Open Government Partnership (Transparency International BiH, Foundation CPI Center for Public Interest Advocacy, Center for Social Research – Analitika, Center for Investigative Reporting, NGO Why not) believe that the proposed draft law is not in accordance with the proclaimed reform efforts since they ignore modern standards of proactive transparency and accountability which have been promoted by experts and civil society in BiH for years.
Moreover, the Government of FBiH has not consulted the interested parties during the process of preparing the draft law, although this has been regulated by the Decree of rules for participation of interested public in the process of preparation of federal legal regulations and other acts. Organizations of civil society which have been active in promotion of the proper implementation of the Law on Free Access to Information for years, and which rely on this Law to keep the institutions responsible for its citizens, should have been consulted, particularly due to the fact that they have submitted their proposals for the amendments to this Law to relevant institutions.
Members of the Coalition the Open Government Partnership invite the Government of FBiH to regulate the Draft Law on Amendments to the Law on Free Access to Information in a way to include the introduction of provisions which will refer to proactive transparency, and to take into account, during the drafting process, the opinions of the civil society organizations which proposed very specific solutions in accordance with the principles of the Partnership, of which Bosnia and Herzegovina is a member as well.
Statement which expresses a protest against the described way of making the Draft Law on Amendments to the Law on Free Access to Information of FBiH is signed by:
Transparency International BiH
Center for Investigative Reporting (CIN)
Center for Social Research – Analitika
Foundation Center for Public Interest Advocacy (CPI)
NGO Why not

Press rls – 17 12 2015 doc