Civil society organizations, gathered around the Human Rights House Banja Luka, express deep concern over the adoption of the Draft Law on Freedom of Access to Information of the Brčko District of Bosnia and Herzegovina in the first reading by the Brčko District Assembly. The proposed draft seriously undermines the right to access information and opens up space for concealment of information of public importance.
Of particular concern is the provision of the draft law that excludes the possibility of appealing a decision of a government body thus refusing access to information. Instead, it is envisaged that the applicant may immediately initiate an administrative-judicial dispute. Although at first glance this may seem to enable faster protection of rights, in practice this means shifting the burden onto citizens through expensive and long lasting court proceedings – making this right practically unattainable.
Unlike the existing system, in which a complaint can be filed free of charge or for a symbolic fee of up to 10 BAM, the court procedure carries significant financial costs: 100 BAM court fee for filing a lawsuit, an additional 100 BAM for the court decision, as well as the need to hire a lawyer, because most citizens are unable to draft a lawsuit on their own. This solution discourages citizens, civil society representatives and journalists from exercising their right to access information.
This legal provision is unjust and unsustainable. It practically relieves public authorities of the obligation to review and correct possible unlawful or erroneous decisions through the appeal procedure (which is an integral part of the administrative procedure), while shifting the burden of responsibility to the courts, which are already overloaded with cases. It is known that court proceedings can last for months, even years, which further slows down the exercise of the right to timely information on issues of public interest.
“Denying the right to appeal is unacceptable, because one of the basic principles of administrative procedure is the ‘principle of two instances’, and this right is also guaranteed by the Constitution of BiH, which incorporates the European Convention on Human Rights and Freedoms”, warned Transparency International in BiH, one of the members of the Human Rights House Banja Luka.
We call on the legislators of the Brčko District of Bosnia and Herzegovina to urgently review this provision and ensure that the text of the draft law contains a clear, accessible and financially acceptable administrative appeal procedure, in line with international standards and democratic principles.
The right to freedom of access to information must be protected not only in theory, but also in practice – through mechanisms that empower citizens, not discourage them.
