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Press statement | 27.09.2016

International Day of Freedom of Access to Information

Access to InformationAccess to Information

International Day of Freedom of Access to Information, 28 September, is celebrated around the world with the aim of increasing awareness of one of the basic human rights, and that is the right to access to information.

The Ombudsmen of Bosnia and Herzegovina emphasize that this basic democratic right of citizens is an important tool in ensuring the rule of law and good governance. Access to information allows citizens to control their elected representatives and protecting against abuse, but also allows the participation of citizens in determining the priorities of government and is linked to the concept of good government, which includes an open government that operates on the principles of efficiency, transparency and legality.

Nevertheless, analysis of complaints filed by citizens with Ombudsman Institution points out presence of identical weaknesses in the application of Freedom of Access to Information Act in Bosnia and Herzegovina, regarding which the Ombudsmen draw attention for many years now, which is primarily related to: inconsistent application of legal instruments that regulate the field of freedom of access to information in Bosnia and Herzegovina, including lengthy process of decision-making in the first instance and appeal, too, also referring to submission of the request for access to information or appeal filed; failure to comply with legal form and content of the decision, a formal compliance with the request that does not provide meaningful information provision, lack of legal remedy, indicating the Ombudsman as a second instance body, although this is not required by law.

The Ombudsmen particularly want to highlight the importance of ensuring a balance between freedom of access to information and the right to privacy, which stipulates that the holder of information in each case is required to conduct a public interest test. The experience of the Ombudsmen indicates the need for the implementation of compulsory education for both information officers, and heads of institutions.

Bearing in mind that the freedom of access to information is requirement without which democratic processes do not work, the Ombudsmen urge public authorities to fulfill their obligations under the Freedom of Access to Information Act, by which they will express a clear commitment to lawful and transparent work in the interest of citizens.



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