Op-Ed: International Day for Universal Access to Information

Key reforms are needed for improving access to Information in Bosnia and Herzegovina
 

On 6th of October 2024, local elections will be held in Bosnia and Herzegovina to elect mayors and assemblies in 143 municipalities. Timely and continuous access to public and transparent information regarding the conduct and outcome of this electoral process- before, during, and after the vote—is the right of every citizen of Bosnia and Herzegovina, as guaranteed by the Election Law of Bosnia and Herzegovina.

Shortly before the elections, on 28th of September, we marked the International Day for Universal Access to Information (IDUAI). Access to information is an integral part of the fundamental right to freedom of opinion and expression, enshrined in Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights. 

The right to access information is not an abstract concept but a cornerstone of democracy. It is essential for citizens of Bosnia and Herzegovina – and those who are not – to effectively exercise their right to participation in public affairs, including their right to vote, based on the availability of various, pluralistic sources of information. In that regard, the United Nations Human Rights Committee has emphasized that States must ensure proactive dissemination of public interest information and make access to such information “easy, prompt, effective, and practical.” 

While significant progress has been made globally in expanding public access to information since the adoption of the United Nations Sustainable Development Agenda 2030, much remains to be done. According to the UNESCO 2023 Report on Public Access to Information, “access to information laws in many countries lacks strong implementation systems”. It is no coincidence that this year’s Global Conference on the International Day for Universal Access to Information, co-organized by the Government of Ghana and UNESCO, focused on the importance of mainstreaming access to information laws across all public bodies. 

Bosnia and Herzegovina was the first country in the Region to introduce access to information laws, initially at the State level in 2000 and subsequently in both of its entities, in 2001. In August 2023, it adopted a new Law on Freedom of Access to Information at the State level. Designed to improve proactive disclosure of information by State institutions, this law represents an essential move toward aligning the country’s governance practices with international standards. In particular, the Law includes the principle of proactive transparency and an extensive list of the type of information that institutions are obliged to publish on their websites, including on decision-making, financing, public procurement, public tenders and grants. It also foresees the establishment of a central portal of public information.

Yet, the State law presents significant shortcomings, and numerous challenges have been hindering its implementation. 

While the new State-level law requires proactive disclosure of public information, the entity laws do not impose this obligation, creating differing legal obligations that undermine the uniform protection of this right. 

Moreover, the State law includes a list of exemptions that has been expanded compared to the previous law, some of which are unclear, such as the one related to preventing damage for environmental protection. 

Another shortcoming is that the appeal mechanism to guarantee and protect the right to access to information, is under the Council of Ministers of Bosnia and Herzegovina, raising concerns about its independence. 

The challenges do not end with the legal framework and lack of independent oversight. Public institutions and companies across the country frequently fail to respond to requests for information, particularly when it comes to financial reports, procurement contracts, and other data critical to public accountability. 

When it comes to the judicial system, although citizens have the right to seek redress through the courts, administrative disputes over access to information are often lengthy, with cases dragging on for over a year... 

Data from Transparency International highlights the scale of the problem. Between 2011 and 2023, less than 60% of institutions responded to access to information requests within the legally prescribed deadlines. This poor compliance rate underscores the need to build the capacity of public officials to implement the law. 

To ensure that the right to access information is fully realized, the United Nations in Bosnia and Herzegovina urges all competent authorities across the country to adjust the legislation. In particular, they shall harmonize the legal framework across the country to ensure compliance with the highest applicable standards, including by introducing the requirement of proactive transparency in the entity laws; all competent authorities shall also establish an independent appeal process, in line with international standards, and ensure that sanctions are imposed to public authorities in case of violation of the law; lastly, judicial proceedings to resolve disputes over access to information must be expedited so that citizens, including journalists, activists and researchers can timely access information they need for the performance of their work. 

These measures are necessary for Bosnia and Herzegovina to meet its international and constitutional obligations to guarantee and protect the right to access information, a right that is essential for the functioning of any healthy democracy. The effective exercise of this right is also among the requirements of the European Union for Bosnia and Herzegovina’s accession.

More information on: 

International Day for Universal Access to Information

The safety of journalists and access to information in Bosnia and Herzegovina