FENA News

TI BiH: Access to information crucial for the functioning of living democracy

SARAJEVO, September 27 (FENA) – On the occasion of International Day for Universal Access to Information, Transparency International in Bosnia and Herzegovina (TI BiH) and the Association ‘Vaša prava’ (Your Rights) BiH, with the support of the Delegation of the European Union in BiH, organized a conference titled “Challenges of Accessing Public Information in BiH: From Law Adoption to Implementation.”

The results of an analysis on the current practice of implementing the law on freedom of access to information by public institutions were presented during the conference. This analysis included a detailed examination of law implementation, identification of key challenges and shortcomings in current practices, and insights into the effectiveness and transparency in providing information to citizens.

Aurélie Valtat, Head of the Department for European Integration, Political and Economic Affairs at the EU Delegation to BiH, stated that “access to information is crucial for the functioning of a living democracy.”

“It is important for citizens to be informed, so they can make decisions about their authorities. There is no excuse for citizens not having access to information in this digital age. To maintain oversight over the authorities, it is vital to have uninterrupted access to information and data. In the EU, we focus not only on the normative framework but also on its actual implementation,” said Valtat.

She reminded attendees that the Law on Freedom of Access to Information was adopted in 2023, highlighting that one of the positive aspects of the law is the provision for free electronic access to information through an open central portal for public information.

“Unfortunately, the deadline set for launching that central public information portal in July 2024 has not been met, and we urge the authorities to ensure its timely completion. We also regret that the newly adopted law did not include the recommendation to establish an independent oversight body, and that the law needs to be harmonized and implemented at the levels of the entities and Brčko District. What we want is for the public information system to be independent of the authorities,” Valtat added.

Ena Kljajić-Grgić, Head of the Legal Aid Center at TI BiH, noted that September marked one year since the new Law on Freedom of Access to Information came into effect at the level of BiH institutions.

“Transparency International has closely monitored its implementation, considering all aspects of this law from both formal and substantive perspectives. In terms of form, we can point out that institutions generally comply with the law’s stipulated 15-day response timeframe. However, in substance, we are noticing an increasing refusal of access to information. Over the past year, we have filed three lawsuits against BiH institutions, with cases currently pending before the BiH Court and still unresolved. Regarding the further implementation of the law at the level of BiH, we have observed issues concerning the misdemeanor provisions. The law does not specify penalties for failing to meet deadlines for providing information,” said Kljajić-Grgić.

The conference was attended by representatives of relevant institutions at all levels of government, the international community, and international institutions in BiH, as well as civil society organizations and media.