Montenegro Free Access to Information Law

The majority of access to information requests, about 70%, are submitted by NGOs, including the NGO MANS. [5] These data show that awareness among the general public is low on the right of access to information and its legislation. [5] In most cases, requesters receive the required information in a long time, beyond the prescribed time frame, and often after filing a complaint with the Ombudsman. [5] The Montenegrin government on Friday extended the period of public debate on controversial access to information laws, allowing proposals to be sent by email for another 10 days, according to a statement from the Ministry of Public Administration. By complying with the legal framework governing free access to information, the Ministry of Foreign Affairs, by proactively publishing information on the official website, offers all stakeholders the opportunity to obtain appropriate information on the activities and practices of the Ministry. This law empowers every citizen because it allows him to control the work of the government, exercise his rights and make decisions based on reliable and timely information. The law also makes it easier for the media to obtain information and monitor the government`s work in the public interest. It is also one of the most important laws that allows investigative journalism, she said. Delia Ferreira Rubio, President of Transparency International, said: “Now is the time to increase transparency, not less. We see political leaders cynically using the coronavirus pandemic as an excuse to reduce surveillance, accountability, and citizens` right to information. In a global crisis, open and transparent government is more important than ever. Any non-urgent legislation requiring public consultation should be deferred until full and active participation can be ensured. Another problem is that court decisions are not effectively enforced in access to information cases.

[5] The European Commission`s report also highlights that, in some cases, the Montenegrin authorities appear to abuse the possibility of declaring the requested documents confidential in order to avoid their disclosure. [4] According to the NGO MANS, the law contains a number of unnecessary reasons for exceptions to limit disclosure. The wording of the exemptions in the law appears to be too vague and broad, leaving public institutions free to interpret them in a way that restricts access to information. [2] An important innovation of the Free Access to Information Act, as she pointed out, is that it allows access to information of persons exercising public functions, to data on the exercise of public functions, as well as to the income and assets and conflicts of interest of these persons and their relatives. According to the Balkan Investigative Journalism Network (BIRN), problems arise in the realization of the right of access to public information, especially when journalists and NGOs seek information on the privatisation process or information that could reveal cases of corruption or illegal activities. [3] [6] According to the NGO MANS, compliance with the law on access to public information is particularly problematic when it comes to publishing information on companies in which the state holds the majority of shares. [5] Access Info urges the Montenegrin government to withdraw the proposed amendments. Otherwise, it would have a negative impact on the law on free access to information, undermine the entire access to information regime in Montenegro and directly contravene international standards.

The joint declaration also underlines that parliamentary elections will take place in Montenegro in 2020. “The Free Access to Information Law is an important tool for investigative journalists and NGOs that monitor the work of state agencies,” he said, adding: “The situation with the coronavirus pandemic shows how important it is that public information is based on official and verified data and leaves little room for fake news and unverified information.” The proposed amendments would remove controls on how the Montenegrin State declares information to be classified. They would allow information to be classified if its publication interfered with the functioning of a government agency, possibly including information revealing corruption within the agency. The new law introduced a new supervisory authority called the Agency for the Protection of Personal Data and Free Access to Information, which works on the redress process for access to information requests. [2] Another positive development of the 2013 law is the introduction of fines against public sector bodies that fail to comply with their access to information obligations. [2] The Montenegrin Cabinet adopted the draft law amending the Law on Free Access to Information with the Action Plan for the Effective Implementation of the Law, which will allow a more efficient exercise of citizens` right of access to information held by government agencies and a more transparent work, said Tamara Srzentić, Minister of Public Administration, Digital Society and Media. that the work of the government is transparent only if it provides information on its activities and the policies it pursues. Minister Srzentić recalled that the EU Delegation to Montenegro and SIGMA provided technical support to the Ministry in the preparation of the proposed amendments to harmonize the Montenegrin legal framework in the field of free access to information with international and European standards.

The Ministry of Foreign Affairs, in accordance with the Law on Free Access to Information and other positive regulations governing this area, undertakes activities to enable all interested stakeholders to exercise the right of free access to information. She added that the Law on Free Access to Information is one of the fundamental tools for the exercise of human rights, as it allows every citizen to receive information from the State administration, and only an informed citizen can exercise his rights adequately. In its latest report on the country`s accession process, the European Commission called for greater transparency and expressed concern about the growing practice of government agencies declaring documents secret. According to the European Commission`s 2016 progress report on Montenegro, legislation on access to public information lacks effective monitoring and control. [4] According to the newspaper Vijesti, the experience of journalists and NGOs in the country shows that, despite the legal provisions of the FOI, it is difficult in practice to obtain information of public importance. [5] “They would allow information to be classified if its publication interfered with the operations of a government agency, possibly including information exposing corruption within the agency,” Transparency International said in a statement this week. Critics say the proposed changes would give authorities broad powers to classify information of public interest. The activities carried out by the Ministry of Foreign Affairs to comply with and implement the regulations include: “the processing of requests for free access to information from non-governmental organizations, natural and legal persons; processing requests from public bodies responsible for overseeing the application of the Free Access to Information Act; Publication of legal acts with various legal contents that are important for the work and functioning of the Ministry of Foreign Affairs and should be accessible to all interested parties in accordance with the Law on Free Access to Information.