DOCUMENTATION
INTERNATIONAL DOCUMENTSGUIDELAWS & UNDER LAW DOCUMENTSOTHER LANGUAGESCOMMISSIONER`S WORK ACTSREPORTSQ & APOSITIONS & OPINIONSOTHERSSTATEMENTS
STATEMENTSMEDIA
MEDIAFINANCE
BUDGETARCHIVES
DOCUMENTATION
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance celebrated 3 years of effective work. Since 1 July 2005, when minimum conditions were provided for the Commissioner's Office to start working, 4668 cases, mostly complaints, have been registered and 3928 have been solved. About 90% of people who were previously denied information of public importance, received information after addressing the Commissioner for Information. About 7% of complaints were refused or rejected. In several percents of all cases, when information were not received even after the Commissioner's order, the reason was failure of the Serbian Government to activate mechanisms for enforcing the Commissioner's orders, which is its legal duty.
The Commissioner organized a large number of seminars, mostly in cooperation with the civil sector, for education of employees in government bodies, citizens and journalists. Several editions of the guide through the Law were published, including editions on all languages of ethnic minorities. The Catalogue of public authorities, which includes about 11,000 subjects, was also published. Summing up the last three years, the Commissioner Rodoljub Šabić said the following:
“Statistics show that we, my associates and I, managed to make a new public authority functional. I think this is reaffirmed by the really good opinions and formal recognitions from domestic and foreign experts, CoE, EU and OSCE, journalists' associations and, most importantly, from citizens.
A good thing is that results have been achieved in inadequate premises, with several times lower number of associates and with considerably lower spending of the budget resources compared to those envisaged. What is bad, however, is that work in inadequate conditions has negative effects on the Commissioner's diligence. It is really hard to understand why this very burdensome, and yet for the state so trivial problem of space has not been resolved for three years, all the more so because, for example, the National Program on EU Integration and the Personal Data Protection Bill envisage considerable extension of powers and further increase of duties of the Commissioner for Information.
The attainment of European legal standards is not a matter of nice wishes and stories, but of real life and practice, and this is why it requires necessary administrative capacities and an adequate normative environment.
The former implies the duty of the Serbian Government to finally, without further delay, provide adequate premises and working conditions for the Commissioner's Office and to activate mechanisms for enforcement of Commissioner's decisions and for liability of those who violate the Law.
The latter implies the duty of urgent adoption and actual implementation of several complementary laws, which will largely influence the quality of achievement of freedom of access to information. The first among these laws is certainly the Personal Data Protection Law. The adoption of this Law and its functional implementation are important not just because of the need to move towards a visa-free regime with the EU, but also to prevent possible violations of human rights, the potential scope of which we seem to be unaware of as a society.
Equally necessary is the Law on Confidential Data Classification. Without such modern law, it is possible, on the basis of long obsolete or completely arbitrary criteria, to grant the “confidentiality” status not only to information which does not deserve it, but also to information that is withdrawn for absolutely illegitimate interests.
Finally, we must not underestimate the fact that we are the only former socialist country which has not responded to the CoE appeal from the more than a decade old Resolution to deconstruct the legacy of former totalitarian regimes. We have not enacted any law on handling former regime secret services files, with all the negative consequences this implies.”
01-07-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance, Rodoljub Šabić, reacted to an interview given by Aleksandar Tijanić, the director of RTS (Radio Television of Serbia), published in the daily paper ''Večernje novosti'' on Monday, June 2. In relation to the part of the interview in which Tijanić commented on the order given by the Commissioner for the RTS to make public, i.e. to forward to the Committee of jurists for human rights, the EUROSONG budget, which it had requested, Rodoljub Šabić said:
''The director of RTS expressed a series of disqualifications and offences on my account in an interview he had probably ordered, the content of which was later also broadcast by RTS, saying among other things that I am someone's messenger or stooge. Yet, this is not the reason for my reaction. I have already had the opportunity to be exposed to similiar verbal attacks by some public figures of similar mental constitution. I had not reacted to primitivism on those occasions, nor will I do so now. I believe that primitivism and cheap attempts to disqualify always speak best about those who use them and that thus reactions are unnecessary.
However, the director of RTS showed by this statement, besides the above mentioned, some other things to which I must react. It is not a private matter of a man who is the director of an informative public service, the fact that he does not have an elementary idea about the obligations which he has to the public according to the law. The same applies to his incapability to distinguish between the budget and the balance of the budget and particularly to his quite obvious disinformation given to the public.
The director of RTS is playing very plainly on the card of animosity which part of the public has against non-government organisations, an animosity which the public service under his management supports irresponsibly. He therefore points out that such information was requested by the non-government organisation with the president of which the director of RTS is in conflict for a long time. He is absolutely subjective and as such tries to also impute some subjectivity to the commissioner for information. And it is perfectly clear to anybody who has even little objectivity, that it is absolutely irrelevant who requests information. Because whoever it is, the undisputable fact is, that the financing of an event which cost millions of euros of public money, must be public.
The director of RTS also disinforms the public with respect to the subject of my order and the time for its materialization by the statement ''he discredited his function requesting us to complete the budget balance calculation within three days''. However, no balance nor report was requested, on the contrary the request was made for the EUROSONG budget. Thus, the document which gives the plan, forecast of the required funds for financing the event, a document which must be prepared for each big event, certainly months before it takes place.
In accordance with the above, the party requesting the information reverted to RTS back on March 31. RTS ignored this request all 15 days which it had at its disposal, and when the complaint was expressed, it acted more or less in the same manner despite the request made by the Commissioner that they make a statement, thus they did not give their stand at all with respect to the budget. The commissioner did not resolve the filed complaint within the legal timeframe, due to the enormous inflow of cases. This was done afterwards, with the issuance of the respective order. The director of RTS now expresses doubts with his statements as to whether the EUROSONG budget exists at all. However, the possible non-existence of such a document leads to an extremely unpleasant conclusion - that the EUROSONG was financed following the principle ''take as much as you like'', without any plan.
It is obvious that the document for which RTS says that it has ''three months for Minister Dinkić and the organisation board to first accept the report, and then afterwards for the documents to pass the RTS Board of Directors'', it is clear that this should be a report about the materialization of the budget. No one has asked for this for the time being, and it would be good that it be presented on the RTS web site, before anyone asks for it, which should have been done a long time ago with the budget.
Contrary to the director of RTS, I am not a cynic nor a misanthrope. And thus as a citizen and a political figure in this country I can wish him that this report be acceptable not just for the authorities, behind which it seems that the director already intends to find shelter, but also for the entire public. However, I know from experience that rude, almost panicky nervous reaction to the order of the commissioner for information does not increase in the least the chances for it to be so, on the contrary.
03-06-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance, Mr. Rodoljub Šabić, says that the constantly large inflow of complaints submitted by citizens, press and others speaks for itself about the unwillingness of most public authorities to change their attitude towards the right of the public to free access to information held by public authorities. Recalling that in the first four and a half months of this year the Commissioner had received more than 560 complaints and that it clearly showed the Government had to change its attitude towards this right enshrined in the Constitution and law much faster, Commissioner Rodoljub Šabić added:
“If the advocacy of more efficient fight against abuse and corruption, as well as freedom of thought, freedom of expression, media freedom and many other democratic freedoms is not accompanied by actual readiness to provide the public freedom of access to the widest possible range of information, it is either based on illusions or, even worse, on dishonesty, hypocrisy.
“The right of citizens, media and the public in general to free access to information created in the work or in connection with the work of the Government should be a matter of course in a democratic society. This right is not some new and unnecessary burden for public authorities, but an expression of a normal relationship between public authorities and citizens, voters and taxpayers. This is why the exercise of this right should rely on its enforcement by the Commissioner for Information only in exceptional circumstances, and not frequently, indeed almost as a rule.
“For this reason, the large number of complaints submitted to the Commissioner, both in absolute and in relative terms, is indicative and worrying. What is particularly worrying is that there are evident and frequent problems in the exercise of the right of free access to information, even where information involved concerns issues such as privatization of State-owned enterprises, public expenditures and procurements and other similar information which should by their very nature and by virtue of other laws be available without the guarantees provided by the Law on Free Access to Information.”
20-05-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance Rodoljub Šabić sent letters of congratulation to Ms Nadežda Gaće, Mr. Nino Brajović and Mr. Dinko Gruhonjić, presidents of Independent Journalists' Association of Serbia (NUNS), Association of Journalists of Serbia (UNS) and Independent Journalists' Association of Vojvodina (NDNV) respectively, to mark the World Press Freedom Day, 3 May.
With congratulations and wishes for future success, the Commissioner pointed out this day was also an opportunity to remind ourselves of the importance of press freedom and the related responsibilities of governments in democratic societies. In this context, Commissioner Rodoljub Šabić said:
“We cannot be satisfied with the effects of what has been achieved in legal and practical terms to create the necessary conditions for journalists and the media to perform their vital function in a way which would be far better suited to the standards and requirements of a democratic society.
When exercising their rights under the Law on Free Access to Information of Public Importance, journalists and the media often face problems that verge on the ludicrous. The complaints they increasingly lodge with the Commissioner show that they are denied even the information which the government, under the law and the criteria of a democratic society, owes to the wider public without specific requests. Information is denied without proper justification or by putting forth “grounds” the legitimacy of which is questionable, to say the least. It is highly indicative that after three years of implementation of the Law certain mechanisms necessary for enforced exercise of these rights and for serving justice on the culprits of such denials and offences remain non-functional, even though this constitutes flagrant violation of press rights enshrined in the Constitution and the law.
At the same time, the process of phasing out government ownership of the media has slowed down considerably, coming virtually to a halt, especially as regards electronic media. Year after year, efforts to identify and bring to justice those responsible for even the gravest of offences against journalists' safety and lives fail to produce results. When press staff deal with the authorities, they often face derisory, disrespectful and discriminating actions, and even worse - vulgarity and brutality. All these and other similar facts need no comment because they speak for themselves. They reveal a huge gap between what the government publicly proclaims and what it does in practice. This situation requires unconditional rectification and the quality and pace of such changes will largely shape the overall course of the democratic transition of our society.”
03-05-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance Rodoljub Šabić passed a decision ordering the Public Enterprise “Aerodrom Nikola Tesla” to provide information on entertainment expenses and possible “management” bonuses for the enterprise's top management. This effectively ended the proceedings initiated by complaints lodged with the Commissioner for Information by the Administrative Committee of the National Assembly against ten enterprises and institutions (Public Enterprise “Aerodrom Nikola Tesla”, Public Enterprise NIS Petrol, Public Enterprise Elektroprivreda Srbije, Public Enterprise NIS -Novi Sad, Public Enterprise for Ski Resorts, Flight Control Agency, Public Enterprise Transnafta Pančevo, Building Inspectorate of Serbia, Public Enterprise “Putevi Srbije” and Radio Television of Serbia) for denial of access to information. Nine of them provided the requested information immediately after the Commissioner's intervention, and the Commissioner has suspended or will suspend proceedings against them.
In connection with this, Commissioner Rodoljub Šabić said:
“The fact that these complaints were lodged at all, regardless of their outcome, is deeply disturbing. And that the Administrative Committee of the Parliament faces problems when attempting to obtain information of this kind is suggestive, not only from the aspect of the Law on Free Access to Information, but of proper functioning of institutions as well.
From the aspect of freedom of information, the denial of information to a Parliamentary Committee is literally absurd and sends a discouraging message to those who would like to use their right enshrined in the Constitution and the law, but whose power and authority are, of course, measured on a much smaller scale.
All information on the disposal of financial and other public resources is information of paramount public importance. The public at large, indeed every single citizen, has the right to access such information. The public is legitimately, and apparently very keenly, interested in this kind of information, and not without good cause. Any denial of this information only feeds the already existing doubts, justified or not, as to the legality and purposefulness of disposal of public assets. It would therefore be useful and logical for all persons entrusted with public resources, even without a formal obligation under the law, to try and make such information available to the public as much as possible.
A good way to do this, to make information accessible even before somebody specifically requests it, is to publish it in relevant directories of activities posted on official electronic presentations of public institutions, enterprises or authorities. The publication of these directories is, by the way, a duty imposed by the law on all public authorities and organizations vested with public powers. Unfortunately, I have to use this opportunity to reiterate that, even though statistics seem to indicate certain improvements, overall we cannot be satisfied with the level of compliance with this obligation.”
24-04-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance Rodoljub Šabić met with H.E. Igor Furdik, Ambassador of Slovakia in Belgrade, to discuss the issues and results in achieving free access to information of public importance.
On this occasion, Commissioner Rodoljub Šabić said:
“We touched upon a number of issues concerning the control of government's operations, in particular the fight against abuse and corruption. Ambassador Furdik showed he was very familiar with our situation and expressed his interest in improving our cooperation.
It pleased me to hear from the Ambassador words of high praise for the Commissioner and activities of his Office, and what pleases me even more is the Embassy's expressed willingness to further intensify our cooperation with Slovakian institutions responsible for enforcing the freedom of access to information of public importance.
The suggestions for intensified cooperation are particularly interesting considering the fact that Slovakia is undergoing the transition process very successfully, which can be attributed, among other things, to its effective and efficient affirmation of the freedom of information. By improving the transparency of government's operations, Slovakia built an efficient public control and thus achieved very good results in its fight against abuse and corruption. As results of this kind are essential for Serbia, all opportunities to draw on best practices of other countries are more than welcome.”
17-04-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for the information of public importance passed the decisions today by which it ordered television studios RTS (National Television) and Studio B to submit to Transparentost Srbija which had requested the information, that is, to make public the data that relate to the financing of the election campaign for the presidential elections that had taken place in February of this year.
This concerns the data that relate to the price for the rendered services that had been agreed with the presidential candidates, the amounts that had been paid, that is, those that had remained as a debt, and the manner of payment, that is, whether they had been paid from special accounts for the financing of the campaign or in some other way.
In connection with that, the Commissioner Rodoljub Sabic stated:
“At first sight it may seem unusual that the Commissioner for Information is ordering the media to make information public. According to the standard logic, the media, particularly the public services, are expected to make information public even when nobody is requesting that. Nonetheless, in this case it was not so, which therefore made the passing of these decisions both necessary and legally justifiable.
The Radio Television of Serbia and Studio B are, pursuant to Article 3 of the Law on the Free Access to Information bodies of the public authorities. In line with that, in principle, all the data created in the course of their operations or related to their operations represent information of public importance. I think that in the concrete case the obligation to provide information is strengthened by the fact that the subject of the request are information for which there is a particular interest of the public.
Even if there hadn't been any formal legal obligation, the public domain of these information would be supported by at least three important points. First, the need to preserve the legitimacy of the democratic election process whose initial and basic supposition is legal financing of each and every election campaign. Second, the need to change something in connection with the present and growing disbelief of the citizens concerning the legitimacy of the financing of various election processes which is constantly fed by the low level of transparency. The third reason is the need to achieve far better results in the fight against corruption. It's a well known thing that these results could be achieved, along with applying all other available means, primarily by enabling as wide control of the public as possible. It is for this reason that we need to do everything in order to make all the information, which are or could be relevant in the context of corruption, maximally available to the public.”
09-04-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for the information of public importance has received numerous complaints against a group of state-owned enterprises and agencies submitted by the Administrative Committee of the National Assembly of the Republic of Serbia, related to the withholding of the information on the representational costs and on the so-called “managerial fringe benefits.” The Commissioner has assessed that the fact that the body such as the Administrative Committee of the Assembly, in a short period and for the second time, had to request from the Commissioner for Information the protection of the rights, goes to show that there is a very worrying position which managements in numerous state-owned enterprises show towards the rights of the public guaranteed by the Constitution and the law. The Commissioner Rodoljub Sabic particularly stressed the following:
“This situation reflects either a basic ignorance of the contents of the Law on Free Access to Information and the rights guaranteed by this law or, which is even worse, a conscious and intentional ignoring of the proper legal obligations by some state-owned enterprises.
The law on free access to information stipulates that everybody has the right to have, in principle, any information created in the course of the operations or related to the operations of a government agency made available to him/her.
Other than the state bodies, bodies of the autonomous province and local self-governments, respectively, the law stipulates that the notion of a government agency also covers the subjects to whom public authorities have been delegated and the legal entities whose founder and financier is the state. This means that public enterprises and other state-owned enterprises have the same obligations towards the public as the bodies of the state authorities.
If this was not clear to somebody at the beginning of the enforcement of the law, it should certainly be so after three years. This is the reason why I recently assessed as absurd the situation in which many state-owned enterprises submitted their data on the salaries of their management to the Administrative Committee only after interventions and the order of the Commissioner for Information. Nonetheless, it is for the second time and in a short period that they withhold from the parliamentary Administrative Committee the data which by the law must be available to the widest public.
On this occasion, the withholding of the information was not even done with references to some reasons, such as “confidentiality” or “secrecy” of the data, regardless of the obvious lack of grounds for such reasons. The requests were simply ignored, although this is, by the law, inadmissible and actionable. By expressing such position towards the request of a body such as the parliamentary Administrative Committee, an unambiguous message is sent on a complete lack of readiness to respond to possible similar, justified requests of the citizens and the media which are based on the law.”
02-04-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner to the information of the public importance submitted the report about the enforcement of the law about the free access to the information of the public importance in the year 2007, to the National Parliament of the Republic of Serbia.
Information from the report are showing that the right on the free access to the information is been used much more often. Reports of the state authorities, submitted to Commissioner, are showing that the number of the requests for the information, directed to the state authorities in all levels, is 50% higher than the previous year, and about 4,5 higher than the year 2005. The biggest interest this year also is for the information, which are or could be related to the irrational disposition of the public founds, misuse or corruption (disposition of the budget found, public provisions, privatization, investments, salaries and number of employees and similar)
Information of the relation of the state authorities to the duties, according to the law, delivery of the report to Commissioner, announcing the informer about the work and training of the stuff, are also showing the progress comparing to the previous year.
During the year 2007 the Commissioner service was working on 2367 subjects (1708 received during the year and plus 659 from the previous). 1539 subjects were solved, and 828 were passed in the year 2008. Number of unsolved cases is 30% higher comparing to the previous year, but still, because of the inadequate accommodation, Commissioner service is working with the one third of the employees, and besides the maximal engagement, number of cases should have been transferred to the next year.
On the account of the Report for the year 2007 Commissioner, Rodoljub Šabić, specially emphasized:
„It is good and encouraging that statistics are showing that the degree of the enforcement of the law about the free access to the information of public importance is growing. But, in no relations to that, the fact is that the state authorities in all levels didn't do many things that could and should have been done. Due to that the opportunity to affirm the public right to know is missed, and by that the possibility to have far more effective fight against irrationality, misused, corruption and similar.
Especially it is concerning that even the chronicle, totally evident problems, at which I pointed out even in the reports for the year 2005 and 2006, weren't moved. I think that after three years “pushing under the carpet“, minimum is necessary, without which it is hard to keep what's done so far, that Government, their authorized Ministries and Offices finally activate mechanisms of responsibility for braking the law and for forced render of execution of the decision of Commissioner, as well as to render necessary, above all, space conditions for work of Commissioner and his service.“
Note: text of the report can be taken from the column "Reports"
26-03-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner to the information of public importance, Rodoljub Šabić, attended today the official presentation of the Informer about the work of the Chamber of Economy in Serbia. Commissioner evaluated that the announcement of the Informer about the work on the official electronic presentation of the biggest association of the economist in our country, is huge contribution to the affirmation of the public right, and is showing very good example that many should follow with the reason.
In the relation to that Commissioner specially emphasized:
“Duty of announcing this document was fortified with the law for all state authorities, other words, subjects to whom public authority is trusted. Unfortunately, many of them are not accomplishing it, or they are accomplishing but formally and incorrectly. Informer about the work of the Chamber of the Economy is a good example of the really correct relation to this law obligation. Contents, dimension of information and their updating are showing that it is not just about the formal execution of duty, but about the effort to give the public all, or as many information about the status, organization and actions of the Chamber, about its authorities, about disposition of the financial and other means etc, as needed.
This informer is not just showing the correct relation to the law obligation, but more than that, about how the Chamber of the Economy understands and is ready to answer on the requests of the modern, informatical age in which the modern society is living, whose part we want to be. In modern, informatical society, about real qualities and potentials of each subject, especially those who posses the public authority, or are disposing with the public founds, their readiness and capability to show the public their work, any time, above all, is the best way of showing the responsibility and to have, or to confirm trust.
I accept, because it would be very useful, that the good example of the Chamber of Economy is fallowed by many. Especially it would be grate that those who are disposing with even more public authorities or public founds, do it as well. Those from which it is expected, after three years from the beginning of the enforcement of the law about the free access to the information, with all rights, that according to the public right begin to show the relation which would be more adequate to the law and time we live in.“
18-03-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for information of public importance evaluates that the government obligation in all, and almost every occasion, is undoubtfully to render the execution of rights and freedom according to the contribution. Especially it is important to react in suitable way when the enforcement of these rights and freedom is under the question, by the actions that can be interpreted or as total ignorance or as consciously breaking even the elementary law standards in this field. In relation to that, Commissioner, Rodoljub Šabić stated next:
“ When it is about the realization of the free access to the information, illustrated examples are presenting the complaints that the small number of the state authorities made against the decision of Commissioner. In the procedure of the access to the information, the right of the searcher for the information is going to be decided, not the right of the state authorities. State authority, from which the information was asked, is not a party; it is a first range organ in the procedure, in which the Commissioner to the information is second range. First range organ, hasn't and can't have rights to charges against the decision of the second range organ. Even that it is the issue the law students should know, we are witnesses of the nonsense that some people inside the our state authorities are acting as if they didn't know it, ignoring even the fact that the Supreme Court of Serbia in all 20 cases which it had solved 'till know, according to these complaints, through the charges as non permitted.
This waist of money of the taxpayers and time of Supreme Court worries additionally, because pressing the non-permitted charges is truing to be used like some „law excuse“ for not giving the asked information. Giving the information is delayed 'till the court decision, and it is counted in advance that the procedure in the court will usually last long. That is again one law nonsense, because they should have known that pressing the charges in the administrative dispute, even when the charge is permitted, by it self, is not delaying the execution of the final decision.
Maybe it is possible that in some cases it can be lack of knowledge, but the sense of avoiding the law standards is certainly present. No matter what the cause is, duty of the democratic government is to prevent playing with the constitution and rights according to the law about the public rights, not even the turbulent political occasions shouldn't be the excuse for not taking the right measures by the competent in the executive authority - from the education to the duty“
11-03-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for Information of public importance, Rodoljub Šabić, estimated that the relation to the accessions to the information, of the majority of the government, especially information about the disposal of the public money and resources, is not satisfactory. That relation, according to the Commissioner, is complicating the accomplishing of free accession to the information and lowering the chances for the realization of serious results in the fight against the corruption.
In relation to that, Commissioner Rodoljub Šabić besides all, estimated:
„Demands of the people, NVO, press, media, in other words public in general, for the information access of the public provision, privatizations, concessions and other similar, very frequently are faced with the difficulties and resistance, that is to say the least indicative.
Information about the disposal of the public resources is according to the definition, the information of public importance. That's way it can't be eligible right of public to know them. In contrary, this right of public should be and have to be treated as useful and effective method in the fight against the corruption. The experience of others shows that that method, in combination with other forms of control, gave very important results.
In relation to that, additional reason for worry, presenting the fact that the information about the different forms of the disposal of the public money and goods, usually denaying, in contrary, are not even available inside the present institutional and state's wais of control. State's Auditor's institution, that is, according to the law of it's establishing, should have started working almost three years ago, and today it's not functioning. A State department for the public provisions, even if there is the explicit law obligation, majority of subjects are not submitting their reports about the accomplished provisions. Duty is not been accomplished, by incredible 80 percent, and besides that, what is more unbelievable, nobody is taking the responsibility.
Experts analysis are saying that also in the countries, which have incomparably stronger and efficient, wais of public and institutional control of the damage of the corruption in public provisions, is from 10 percent of the arranged prices and higher. Grate damage that we are suffering eventually, demands much responsible relation of all parts of the authority, to the accessions to the information of the public importance, that certainly includes more serious relation to the sanction for the ones who don't want to understand that.“
26-02-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for the information of the public importance will, according to the law, give the National Parliament of the Republic of Serbia the report of the application of the law of the free access to the information of the public importance.
The report will include, not just the measures and activities that the Commissioner is taking, but will also include the information relevant for the valuation of the condition in the field of the law of the free access in general.
Time- limit in which the state authorities are obliged to give their reports to the Commissioner is over. Commissioner`s Service began with the work on the huge materials that came and the report of the Commissioner will be given to the National Parliament during next month.
In relation to that, Commissioner, Rodoljub Šabić, announced:
"The report will sertainly show the sertain improvement in conection with the accomplishment of the rights on the free access to the information. Certainly it will certify the existance of many problems in a relation to the accomplishment of this constitutionaly and legaly given right.
Particularities are saying that the especially big problem is the relation of the state authorities of the local self-menagement to the obligations that has according to the law. Besides the fact that there are Communites that could serve like an example when it comes to the public rights, it is still evidential that the huge number of them either is not capable or doesn' t whant to answer to this obligations.
Estimating that one of the maijor causes of this condition isignorance, unprepareness and unqualified stuff for the application of the new standards of law, I will continue with the attempt to render sertain education on the local level to the stuff also. Already in this moment, in principal, the projects of the training with the organisations like for example OEBS, Transparency of Serbia, ABACEELI, that should include really huge number of the big part of the state authorities on the level of the local self-management, have been made. I will attempt to realise thees projects in the cooperation with the Constant conferency of towns and the community.
Training of the stuff sertainly can contribute to the better quality of the rights accomplishment. Whatsoever, massive non accomplishing the obligations, in other words, the law braking from the part of the state authorities, is somehing that demands the other part of the reaction also. That' s why I am also using this opprtunity to retell that the more adequate relation of the state authorities, before all, the Governmant of the Republic of Serbia with the duties that they have by the law about the observing the enforcement of the law, starting the violation responsability and the providing the execution of the decisions of Commissioner ".
14-02-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for Information of Public Importance published in official electronic presentation www.poverenik.org.yu a Catalogue of Public Authorities. The document contains data about 10 847 state and other bodies and organizations with obligations pertaining to the Law on Free Access to Information. According to the Law, there belong, besides state authorities, territorial autonomy authorities, those of local self government, organizations in charge of public authorizations, also legal entities established by or that are completely or in large part financed by the state.
In relation to this, the Commissioner Rodoljub Šabić stated:
„The published Catalogue is surely one of quality documents of this kind, and is significantly better than many similar ones published in our widest surroundings. Otherwise, compilation of such documents in the other countries as well represents a very complex task, as a rule under the authority of the Government. I am very satisfied, that the Service of Commissioner for Information, although it is not its obligation, has implemented this task, especially having in mind that the Service is chronically working in inadequate conditions and with a number of workers that is far below the necessary level.
For compilation of the Catalogue, the Commissioner's Service used the most variegated sources of information, bearing in mind that not all authorities have observed the request from the Commissioner to deliver data necessary for its compilation. So, besides regulations, for data contained in the Catalogue, have been used reports and other documents of authorities, their and other Internet presentations. Data on legal entities financed from the budget for the needs of this Catalogues, have been provided from the Treasury Administration of the Ministry of Finance.
Regardless that the Catalogue boasts wide scope, I want to stress that it has practical, informative, not constitutional importance. So, if by any chance some of the authorities haven't been covered by the Catalogue, which does not mean that it doesn't have legal obligations.
Catalogue shall for sure be used for more qualitative implementation of the right of public to access information owned by the authorities. It could surely be of much use for the Government of Serbia as well, that is, to its line ministries, in order to monitor law implementation, of course when that function shall finally start to be implemented.“
01-02-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for Information of Public Importance, Rodoljub Šabić, has today once again reminded all authorities of their legal obligation to deliver Annual Report on Actions They Have Implemented in Order to Implement the Law on Free Access to Information of Public Importance. The Reports should contain prescribed data about the number of accepted applications for accessing information, number of submitted claims, amount of collected claims and the measures implemented in relation to publishing of the Information booklet, maintenance of information carrier and training of the employees for Law implementation. Those Reports represent a basis for compilation of Status Report in this field that a Commissioner delivers to the National Assembly.
In relation to that, the Commissioner, Rodoljub Šabić said the following:
„Delivery of Report on Application of the Law on Free Access to Information is legally strictly prescribed obligation of the authorities. Although, of course, everybody should be aware of those obligations, still by the end of the last year, I have personally in writing reminded all the Ministries about it, all local self-governments, all judicial bodies. The time period left for that is lapsing these days, and one important number of authorities still haven't fulfilled this obligation, so I remind them once again of it.
Lack of discipline in executing this legal obligation is obvious from the very start of law implementation. Although the data show that the state of affairs improves year after year, this is not enough in order to satisfy us. It is about one of the basic legal obligations of the authorities, and it is incomprehensive that even three years after passing of the law someone is allowed to evade it.
Omission to submit Report to the Commissioner has been legally envisaged as an infringement punishable with fine up to 50,000.oo dinars. However, even independently from that, lack of execution of elementary legal obligations by the authorities, that is, those whose task is exactly to provide law implementation, and who would have to be at the helm by giving good example, in this and any other case, represents a very bad example that must not be tolerated.“
23-01-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for Information of Public Importance supported the evaluations of the Independent Association of Serbia Chairlady and the Chairman of the Journalists' Association of Serbia, Mrs. Nadežda Gaće and Mr. Nino Brajović about the status of media freedoms in our country, and appeal of journalists' associations for implementing more energetic measures in order to improve the status in that field.
On that occasion, the Commissioner Rodoljub Šabić stated the following:
“Crucial contribution to resolving many problems in relation to the position and action of media and journalists in the transition process must be given by the journalists and their professional associations themselves. But some problems remain irresolvable without measures that can be implemented only by the government. It is obliged to create conditions for autonomous action of media and freedom from pressures and negative influences of any kind.
Warnings of our journalists' associations regarding the status of media freedoms must not be ignored. One shouldn't either underestimate the fact that on the relevant global ranking lists of media freedoms we fare worse than the last year. Problems that are visible for a long time must be resolved quicker, instead of letting them create new ones. It is important to end media privatization, but it is also equally important to prevent that turn into unacceptable media concentration of another kind. It would be useless to exchange one monopoly with another and therefore it is important to secure that the process of change of ownership structure of the media should be transparent. And in changed ownership conditions, regarding its importance for evaluation of media freedoms in our country, one should underline finding the right solution for functioning of the minority language media. We must neither neglect the fact that we're high on the world ranking lists for various assaults on journalists and it is important that the government should be more energetic and efficient in protection of journalists, discovery and prosecution of the perpetrators.
But by amending the situation in the media field, one can surely and must give extraordinary contribution also by expanding the field for free access to information regarding the work of the government. One must not tolerate obvious resistance to legitimate right of the public to know. By mere availability of documented information to the public regarding the work of the government, we shall shrink the space for media manipulation and spread of disinformation, and simultaneously provide elementary conditions for media action in line with the democratic society interests”.
04-01-2008...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for Information of Public Importance, Rodoljub Šabić, spoke with Prof. Eric Ketelar, Ph.D. and Cecilia Aptel, members of the Advisory Committee for International Courts for War Crimes' Archives. On that occasion the Commissioner, Rodoljub Šabić said:
„International Courts for War Crimes for ex-Yugoslavia and Rwanda should in due time end their mandate and stop working, which is already now making current the issue of dealing with their archives. It is about huge documentation, millions of pages of the written material and tens of thousands of hours of audio-visual records.
International crime tribunals have formed a team of recognized experts from the field of archiving and law, with the task to offer independent analysis of the problem and to suggest adequate solutions, and my collocutors are team members who would deal with International Courts for War Crimes for ex-Yugoslavia archive.
During the talk I have stressed the huge importance this archive wealth has for people and persons from the ex-Yugoslav territory. I have underlined the need to secure its safety in the best possible way, that is, keeping of secret. Simultaneously, I have stressed that with the assumption to secure other legitimate interests, one should create conditions for the widest possible access to information contained in the archive, in order to make them improve the current and future judicial practice, and to serve as a basis for historical research and of course, to contribute to reconciliation and peace in this territory.“
20-12-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance has made decisions, based on appeals of Administrative Board of The Parliament of Republic of Serbia, which obligate Public Company PTT of Serbia, Public Company “Putevi Srbije”, Public Company Airport “Nikola Tesla”, RATEL, RTS, NIS, NIS Petrol, State Water Board, to deliver data on salaries and fees of their management. Expressing hope that by way of doing this the enforcement of the procedure which in itself is an absurdity, is drawing to an end, the Trustee Rodoljub Sabic claims: “The Decisions are obligatory by the law and those to whom they apply to are liable to act accordingly in due time. If necessary the Serbian Government is liable to implement the decisions.
Administrative Board sought information from the Serbian Government, i.e. the Ministry of Finance. It did not receive them, thence it addressed to the information Trustee. Warned of its legal liabilities the Trustee has forwarded the Board's applications to addresses of those in question and some ľ submitted the necessary data. Board has submitted formal appeals to the Trustee against those who failed to do it, based on which the decisions were made.
The Law on free access to public information in article no.2 defines public information as follows: “information at disposal of public authority, created in operation or with reference to operation of authority, is contained in a certain document and related to anything rightly in public's interest to be informed of.” Article no.3 says according to the definition of this law public authority among others is every “legal person founding or financing on the whole, that is mostly the state, or public authority”, while article no.5 says that ”everyone is entitled to have access to public information…”
It is absurd that the highest legislative operating body must seek information available to all by the law, with the assistance of the Trustee.
It is inconceivable in a democratic world we tend to join, to deprive public of such data. Data on salaries and fees, not only of the public companies' management but many private companies' as well are publicly available. It is provided in the Recommendation of the European Community Committee 2004/913/CE that every company rated on a stock market is liable to announce a fee policy declaration, while as far as publishing information on individual fees of the directors and members of administrative or supervisory board is concerned, not only salaries are specified but also, contract payments, commissions, sharing of profit, shares, possible pension benefits, even amounts of approved loans.
The European Community Committee considers publishing such accurate and updated information a crucial precedent for trust building and promotion of a wholesome practice of company management.”
04-12-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for information of Public Importance Rodoljub Šabić, held talks today with Vida Petrović Škero, President of the Supreme Court of Serbia and Slobodan Radovanović acting Republic Public Prosecutor on issues of implementation of the Law on free information access in the judicial system. Commissioner Rodoljub Šabić, among other things announced the following:
„The subject of today's talks were certain issues in the implementation of the Law on free information access, especially noted in the matter of Prosecution Offices. Today's talks were held with the goal of contributing to the solution of these problems. One of the results is the agreement on specific activities, which will be undertaken in several big Prosecution Offices, together with Mr.Radovanović.
Law on free information access, for all authorities represents, obligations they have to respond to. The judicial body is no exception to this. It is of course understood that exercising the right to free information access should not impede on the performance of the judicial duties of the judicial body. This is why the Law stipulates that the right to free information access, should not impede or endanger the indictments of criminal acts, administering penal offences, or trial, sentencing or executing the sentence or fair proceeding and right to a fair trial.
But limitation of rights can be justifiable only in cases when they are really present, not in anticipated or fictional circumstances. It is inadmissible to hide behind withholding information the illegitimate reasons, such as inadequacy, irresponsibility, not undertaking necessary measures and lack of results.
We also agreed in the course of the talks that many problems in implementation of the Law are caused by insufficient training of personnel to implement new legal standards in the communication with the public, and that it is necessary to undertake measures to eliminate this shortcoming, for attaining of which the judicial system needs financial, logistic and other assistance of the executive government branch..
In regards to this, those in charge of implementing the National Strategy for fight against corruption, should have in mind one still not implemented points from GRECO recommendations, which is to organize and undertake a serious program of training of personnel in the government for implementation of the Law on free information access as well as the campaign to inform the general public on the content and reach of the right to the free information access.“
15-11-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for information of public importance Rodoljub Šabić held talks today with the War crimes prosecutor Vladimir Vukčević , and Miljko Radisavljević, the Special prosecutor in the struggle against organized crime, on effectuating rights to free public information access in the legal departments, and especially in the Prosecutor Office, assessing talks as very useful, Commissioner Rodoljub Šabić has reiterated:
„Access to information owned by the authority, is the prerequisite for better informing the public, which helps to better form an opinion on the state of the society, and performance of the government body. On the other side, a fair treatment of the public's right to know, is the best way for the authority, and the Prosecution to maintain their integrity and reaffirm their accountability.
By the nature of their business the Prosecution is frequently in possession of information, which for a certain period of time could be withheld from the public. However, during their operations, withholding information from the public is permitted only according to the stipulations of the Law on free information access.
The fact that the Heads of two very important Prosecution Offices demonstrate the readiness to maximize their accountability to their obligations stipulated in the Law on free information access is extremely important, especially since good examples are not that frequent. There were many problems in realizations of the rights to information access in possession of various Prosecution Offices, even significant drastic examples. Even to this day, some problems still remain in the communication of the public with the Prosecution Offices, and it is of utmost importance that the situation improves. Previous Heads of the Belgrade and County Prosecution Offices, did not adhere to the Law in this matter, to say the least. In the future I shall hold talks with the acting Republic Prosecutor Slobodan Radovanović, convinced that this conversation will give useful effects for adaptation of the Law for Free Access for Information of Public Importance.”
09-11-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Public Significance Information Commissioner participated in a round table activity in Novi Pazar, organized in the cooperation of OEBS mission in Serbia, NUNS (independent association of journalist of Serbia), UNS (Association of journalists of Serbia) and the Ministry of Culture of Republic of Serbia, dedicated to the freedom of the media, and to the public significance information access.
Commissioner Rodoljub Sabic has, among other things said:
„Democratic societies are founded on the idea that the public has a right to know , in principal all of the business of the government. Free information access which are available to the government authority enables the citizens to be better informed, and government officials more responsible. In societies undergoing transition, such is ours, expanding a space for free information access is basic preconditions and expression of democratization and a fight against misuse of governmental power and corruption.
In that context, public media and journalists have a particular and very important role. In order to be able to fulfill it, clear rules need to be in place on accessibility of public information which provide for efficient data collection on government performance. Law on free access to information is one of laws providing such rules.
Insufficient is of course, to have only rules „on paper“. It is simply not enough to introduce the Law on information access and Law on public information. It is essential to insure a principal and efficient implementation of these laws. Public and the Government should contribute to this, as well, and especially journalists and media with persistent insisting on their right to free information access. And as for authority, if it wants to be deemed democratic, relating to this law as a normal ratio of relations between those entrusted with governing public affairs, and the public. As for those unwilling to accept and respect, it is necessary to activate mechanisms provided by the Law , in regards to free information access, and when necessary to enforce the law compulsively, namely that those who deny the public's rights face adequate sanctions.
01-11-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for information of public significance Rodoljub Šabić has participated in Media Center today in the session dedicated to presentation on Law of classification of confidential data and the Law on amendments and additions to the Law on free information access.
Commissioner Rodoljub Šabić who participated in the work of the session as a member of an expert group for making the mentioned models of the Law has, among other things said:
„For quality implementation of the Law on free information access, a lack of complementary laws founded on democratic standards presents quite a problem. Number of times have I pointed out to a need of adopting such laws, and foremost the Law on classification of confidential data, the Law on protection of individual data and Law on access to secret service files..
Especially, we should not ignore the fact that we remain one of the last countries in Europe not to have the Law on classification of confidential data, which instead has a number of laws and other rulings based on long outdated legal standards, anachronous and often mutually contradicting.
Implementation of the contemporary Law on classification of confidential data, is not only a matter of abstract need of introducing order in this field, but a matter of concrete reasons. Such law is the essential precondition for normal communication with countries who are members of integrations, where we also want to be. Besides, with present state of affairs a possibility is permanently open to almost in a random way attempting to deny the access to different public information, without any criteria.. That opens to suggestion an opportunity created to hide behind a confidential status a completely illegitimate interests, ranging from sturdy traditionalism and conservatism to incompetence and lacking in results to misuse, crime and corruption. I believe it is redundant to comment on how important it is to eliminate such a possibility, or to reduce it at least..“
25-10-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for information of public significance is acting on authorization according to Article 35 of the Law on free information access, and has petitioned to ministries of finance and justice, initiatives for modifications and amendments of Law on administrative fees and Law on misdemeanors, for the purpose of better implementation of free information access and greater responsibility for non adherence to this right.
In this matter, Commissioner Rodoljub Šabić has declared the following:
„In the matter of Law on administrative fees, I have initiated strict exclusion of administrative fee payment option when it comes to filling requests for free information access.
According to the Law on free information access, and it is defined so in all relevant international documents, public authorities acting on filled requests for information access, can only charge the applicant for basic costs of copying of documents, and are not allowed to charge administrative fees. In practice, however there were misunderstandings and misuse, and so the Information Commissioner was often enough in the position to point out to authorities to illicit charging of administrative fees in theses matters. This is why it is good to dispose of any discrepancy by introducing amendments to the Law.
In relations to the Misdemeanors Law , I have initiated that the circle of data necessary to initiate a legal offence case against the person in charge in the authority, is narrowed down to those which are truly indispensable.
Namely, the Ministry of Culture in charge of initiating legal offence cases has informed me that a number of cases was not processed due to hang over they reached, since the request for personal data of responsible individual, from the Ministry to the authority was not received in due time.
Also in a certain number of cases, a lawsuit wasn't filed on the request from information applicant, because the authorities in charge demanded from possible plaintiff to fulfill his request with personal information of the possible defendant, which was objectively impossible.
Corresponding modifications and amendments are serving a purpose of better quality free access to information implementation. “
09-10-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The International Right to Know Day, 28 September, has been celebrated this year with a number of activities in Belgrade, Novi Sad, Nis, Kragujevac and many other towns and cities across Serbia, as part of a joint action of the Commissioner for Information of Public Importance and USAID, ABA CEELI, OSCE Mission to Serbia, Open Society Fund, NGO Coalition on Freedom of Access to Information and the Independent Journalists Association of Serbia.
The central event took place in Belgrade, at the Media Centre, with numerous representatives from the media, NGO's, public authorities and members of the diplomatic chorus. Addresses were made by: Mr. Dennis Huber, special representative of CoE Secretary General for Serbia, Mr. Hans Ola Urstad, head of OSCE Mission to Serbia, Mr. Rodoljub Šabić, Commissioner for Information of Public Importance, Ms Nadežda Gaće, president of the Independent Journalists Association of Serbia and Mr. Nemanja Nenadić, executive director of Transparency Serbia.
On that occasion, the Commissioner for Information of Public Importance, Mr. Rodoljub Šabić, presented the president of the Supreme Commercial Court, Mr. Rade Lazarević, with an award for outstanding contribution to the exercise of freedom of access to information, which the award committee granted to the network of commercial courts of Serbia. The Minister for Public Administration and Local Self-government, Mr. Milan Marković, and the president of the Municipality of Smederevo, Mr. Saša Radosavljević, received awards for contribution to the exercise of freedom of access to information.
The award committee, comprising representatives of a number of non-governmental organizations and journalists' associations (Open Society Fund, Transparency Serbia, Centre for Advanced Legal Studies, NGO “People's Parliament”, Youth Initiative for Human Rights, Independent Journalists Association of Serbia), selected the recipients among 15 short-listed public authorities. These included: Supreme Court, Ministry of Health, Ministry of Finance, Ministry of Labour and Social Policy, Ministry of Public Administration and Local Self-government, National Bank of Serbia, Serbian Public Procurement Administration, Executive Council of the Autonomous Province of Vojvodina, the City of Novi Sad, municipalities of Smederevo, Šabac and Valjevo, First and Fifth Municipal Court of Belgrade and Supreme Commercial Court, i.e. network of commercial courts.
All these events were used to distribute a large amount of handouts, bulletins, leaflets and Guides through the Law on Free Access to Information.
In honour of the International Right to Know Day, the Commissioner for Information, in collaboration with the Official Gazette of the Republic of Serbia, published and distributed a new edition of the Guide through the Law on Free Access to Information of Public Importance in 20,000 copies.
In connection with the presentation of the awards, Commissioner Rodoljub Šabić said:
“Overall, given the structure of the government, the efforts made and results achieved in improved implementation of the Law on Free Access to Information fall below what is necessary and feasible. We are thus missing an opportunity to produce better results in further democratization, establishment of better relationships in the media sphere and especially in combating idleness, abuse, crime and corruption. This is why the examples of these public authorities, which show that they see the freedom of access to information not as an imposed obligation, but rather as the normal relationship between the government and the public in a democratic society, deserve full acclaim.”
28-09-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance, Mr. Rodoljub Šabić, and members of the delegation of the European Commission against Racism and Intolerance, Vitaliano Esposito, Francois Santangelo and Alin Yusanas, had talks today in Belgrade.
On this occasion, Commissioner Rodoljub Šabić said:
“I have informed the members of the European Commission against Racism and Intolerance of the normative assumptions for the exercise of the right to access information and of the activities and results of the Commissioner for Information and his service to this date. I explained that, under our law, all persons are granted the freedom to access information under equal conditions, regardless of their citizenship, place of permanent or temporary residence or personal features, including race, religion, nationality or ethnicity, gender etc.
The Law prohibits all discrimination and envisages sanctions for violations of the principle of equality, while the Commissioner for Information and his Service ensure that no discrimination on any grounds whatsoever takes place in practice.
Furthermore, I have informed them that, in order to ensure full equality, the Commissioner for Information collaborated with the NGO sector and the OSCE mission in Serbia to prepare and publish issues of the Guide through the Law on Free Access to Information of Public Importance in all languages of national minorities officially used in the Republic of Serbia and in the language of one ethnicity that is not deemed to be official - Romany, which is fairly uncommon even in countries with much longer democratic tradition.”
25-09-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Committee on Culture and Information of the National Assembly of Serbia reviewed and unanimously endorsed the Report on Implementation of the Law on Free Access to Information, submitted by the Commissioner for Information of Public Importance.
In connection with this event, Commissioner Rodoljub Šabić said:
“I am highly pleased that the line Committee of the National Assembly fully supported the Report on Implementation of the Law and the recommendations I set out concerning improvements in the field of free access to information.
Among these recommendations, I think you will find that three are particularly relevant.
Firstly, the recommendation to enact as soon as possible a number of laws complementary to the Law on Free Access to Information. A (Confidential) Data Classification Law and a Personal Data Protection Law, compliant with European standards, would give invaluable contributions regarding the quality aspect of freedom to access information. Apart from these two Laws, which have been identified as priorities, a Law on Handling Secret Service Files would also be important, not least because of the practical implications, but first and foremost as a matter of principle.
Secondly, the recommendation for the Government of Serbia and its line Ministries to activate as soon as possible a mechanism ensuring the accountability of offenders and a mechanism for enforcing the decisions of the Commissioner for Information.
Thirdly, the recommendation to design, organize and implement on the overall national level an adequate training program for responsible public officials, so as to enable them to interpret and apply the Law on Free Access to Information in line with affirmed democratic standards.
I hope full support from the Committee on Culture and Information will this time result in an adequate response from the competent authorities, primarily from the executive level. I would like to believe we will not witness the last year's situation again, when the Committee also unanimously endorsed the Commissioner's Report, but the authorities failed to respond. It is my firm belief that the implementation of the above recommendations would result in better enforcement of the Law and thus contribute substantially to an enhanced relationship between the authorities and the public, one based on democratic standards, with similar benefits in the field of combating fraud and corruption.”
24-09-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
The Commissioner for Information of Public Importance, Mr. Rodoljub Šabić, and Ms Hina Jilani, Special Representative of UN Secretary General on Human Rights Defenders, met today in Belgrade.
On this occasion, Commissioner Rodoljub Šabić said:
“Ms Jilani was interested in a number of issues concerning the regulation, exercise and protection of human rights in our country, from the situation regarding the legislative and normative assumptions for human rights exercise and improvement, through relations between government authorities and the NGO sector and their cooperation and protection, to the qualification levels of civil servants to apply democratic standards in the field of human rights.
The talks focused in particular on the results of and problems with the exercise of free access to information held by government authorities. Ms Jilani listened wanted to hear all relevant information and she highly commended the activities of the Commissioner for Information and his Service. I humbly hope the information she obtained will help to give a more positive tone, as far as our country is concerned, to the report by the Special Representative, i.e. her opinions and recommendations.
The Special Representative of UN Secretary General visited our country following an open call sent by our country to the UN within the framework of cooperation in special procedures for human rights monitoring and enforcement. This open call was welcomed at the time it was sent as a confirmation of Serbia's willingness to work on the exercise and improvement of human rights. It is therefore all the more important to have a confirmation of specific results achieved in this regard in the form of a report by the Special Representative of UN Secretary General.”
19-09-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for information of public significance has directed a letter to all the ministers in the Government of Serbia pertaining to few questions of importance for the application of the Law on free access to information of public significance.
Commissioner Rodoljub Sabic has declared the following in this matter:
“I have few times previously drawn attention of the government offices to the obligations originated in the Law. Problems in applying the law, and particularly education of the new ministries and human resources, as well as changes in many ministries, seem like a good reason for me to repeat this.
I have pointed out three preconditions, very important for more qualified application of the law. The first is dealing with legal obligation of the management to authorize one or more persons to act upon requests for information access. These persons need to have primarily, among other things the legal knowledge. Not appointing such persons, as well as the lack of adequate substitute in case of absence, has created problems in law application, or substantially complicated execution of such obligations.
Next precondition for quality law application is training of the employees on the content of the law, as well as on European democratic standards, the knowledge of which is essential for the quality interpretation and application of the rules of Law on free information access. Until now, not enough attention has been paid to this issue. Regarding this matter, I have drawn attention to explicit legal obligation of the authority, and to the respective obligatory recommendations of GRECO.
Third precondition for a better quality free information access is government authorities performing duties of creating and posting on their internet presentation a document called Information sheet on organization, human resources, budget, means, range, procedures on effectuating rights, etc.
Regretfully, even though many of the ministries have posted this document, it is not updated, or it is done so noticeably late. In certain cases, it is performed as a mere legal chore of presenting scarce information, while some ministries still haven't even posted this document.”
11-09-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for information of public significance Rodoljub Šabić and Ambassador Joseph Ljoveras, leader of delegation of the European Committee have held talks in Belgrade today. The topic of the conversation were questions regarding the approaching of Serbia to the EU, namely the adjustment of its legal system with the European, and especially results in the field of advancement in human rights and freedom and in the fight against abuse and corruption.
On this occasion the commissioner Rodoljub Šabić has stated:
„Ambassador Ljoveras has in these talks, confirmed interest of EU for faster approach of Serbia to the Union and its readiness to assist us in that.
We have agreed accordingly, that the adjusting of our legal system to that of the EU represents an extensive and complex undertaking, the realization of which, demands from our government authority outstanding responsibility, as the introduction of many new laws is not sufficient enough by itself, and that it is of utmost importance to secure the application of new laws by establishing institutions and engaging people capable of doing that. Achieving newly adopted standards in practice, in reality is a true measure of our approaching the EU.
In accordance with that, emphasizing the importance of free access to information in accomplishing many other freedoms and a right for fights against abuse, ambassador Ljoveras has shown a great interest for activities and results of the service of the Commissioner for information, and his readiness to offer assistance and support..“
06-09-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Commissioner for Information of Public Importance, Rodoljub Šabić, spoke with Charles Gorens and Andreas Gross, reporters of the Monitoring Committee in the Council of Europe Parliamentary Assembly. Talks have been lead within the monitoring procedure of fulfilling obligations that the Republic of Serbia has taken over by its membership in the Council of Europe.
In regard to that, the Commissioner, Rodoljub Šabić said:
„Topic of the discussion were questions pertaining to harmonization of our legal arrangement with the European one, according to the standards affirmed within SE and EU. Topics of special interest were practical results achieved in the field of human rights and freedoms and in fight against corruption.
Within the talks it has been stressed that together with adopting new laws, equal importance is placed on creating conditions for their application in real life. I am satisfied because that in this context, reporters of the Monitoring Committee have evaluated as very important moves in the plan of improving the information access freedom and contribution to that by the Commissioner for Information and his service, as well as because this talk has confirmed that in the process of adopting European democratic standards, including the freedom to access information, we can count on the assistance and support from the Council of Europe.“
04-09-2007...................................................................................................................................
PUBLIC ANNOUNCEMENT
Source: Commissioner for Information of Public Importance
Public Information Commissioner, Rodoljub Šabić and Jens Modvig, Director of the United Nations Representative Office in our country discussed results and problems of the Serbian democratic transition process, and particularly the realization of the freedom of access to information as a crucial prerequisite for the successful transition process.
Having the aforesaid in mind, Public Information Commissioner, Rodoljub Šabić, said:
„The UN Representative Office Director supported the efforts aimed at promoting the access to information and estimated that the work of the Public Information Commisioner and his office showed valuable results.
During the conversation it was agreed that the freedom of access to information represented a significant tool for achieving very important goals of transition, such as authorities controlled by the public, modern government and the democratic society media. A separate issue that was discussed was how the access to information adds up, i.e. can add up to combating misuse and corruption.
We agreed that it is very important that our authorities tend to work day-in-day-out on promoting their public relations, increasing the level of transparency of their acts and making more and more information accessible to the public. I am satisfied with the fact that this conversation confirmed as well that in the implementation of democratic standards on the freedom of access to information we can count on support and assistance of the UN'.
21-08-2007...................................................................................................................................