TI BiH marks International Freedom of Access to Information Day: Insufficient progress

Public authorities more often submit information of public importance within the deadline provided by law, but it is still common that the requested information can be obtained only by conducting court proceedings.

Sarajevo, 28. September 2021. – At the round table, on the occasion of the International Day of Freedom of Access to Information, TI BiH presented the results of research that monitored the implementation of the Law on Freedom of Access to Information at all levels of government in Bosnia and Herzegovina.

The research conducted by TI BiH in the first nine months of the current year showed that out of 442 public companies, 233 of them, or only 52%, submitted the requested information on the composition and fees of management bodies, and on business results. When asked about the amounts allocated to citizens’ associations and foundations, 73 ministries and local communities responded on time, which is 59% of the 122 requests submitted. Inquiries about ongoing and completed criminal proceedings in corruption cases, the courts provided information from 15 of the 34 cases within the legally prescribed deadline. Administrative disputes initiated by TI BiH due to violations of the Law on Freedom of Access to Information generally end within 1-2 years from the date of filing the lawsuit, with a case of waiting for four .

When processing requests for access to information, public authorities usually refuse to conduct a public interest test in cases where the requested information may be subject to some possible exceptions to access to information (protection of privacy, confidential commercial interests or defense and security interests, etc.). Very often, public authorities unjustifiably call for the protection of personal data, and use this as an excuse not to provide the requested information.

In order to point out the prevalence and examples of misapplication of the Law and to influence the authorities in BiH, TI BiH published 122 judgments on its website in which BiH courts ruled in favor of TI BiH against bodies that refused to provide data of public importance.

The round table also discussed the need to pass a new Law on Freedom of Access to Information, which will primarily oblige public authorities to proactively publish information about their work, prescribing it as a legal obligation whose non-compliance entails fines. Civil society organizations reiterated that the latest Draft Law, which was in consultation process, did not meet international standards and was not in line with best practice.

Press rls_28.09.21_

REPORT ON THE IMPLEMENTATION OF THE LAW ON FREEDOM OF ACCESS TO INFORMATION IN 2021 YEARS