Accountability crisis: Transparency International urges overhaul of Bosnia’s freedom of information laws

The initiative highlights a persistent culture of secrecy, particularly regarding the spending of public funds. Currently, entity-level laws do not require institutions to proactively publish key documents, such as budgets or draft laws. This lack of "proactive transparency" leaves the public in the dark regarding decision-making processes. Furthermore, the initiative notes that legal loopholes are frequently exploited to shield commercial interests over the public good.

A primary concern is the total lack of effective oversight and judicial inefficiency. Institutions regularly disregard court rulings with no fear of sanctions. TI BiH cites a notable case against the Republika Srpska Ministry of Transport and Communications, which continues to withhold a highway concession contract despite multiple court orders. Even when cases reach the judiciary, the process is agonizingly slow; TI BiH reported waiting over a year for rulings in administrative disputes, despite a 60-day legal deadline.

The proposed changes call for mandatory proactive publication of materials in machine-readable formats, which would also fulfill international obligations for accessibility for persons with disabilities. Additionally, the coalition demands the introduction of inspection oversight and strict penalties for unlawful denials of information.

The signatories, including BIRN BiH, CIN, and the Helsinki Citizens' Parliament, warn that without these reforms, citizens are left without adequate legal protection. While a new law was recently adopted at the state level as part of EU-path reforms, the organizations argue it hasn't accelerated transparency and requires further shortening of appeal deadlines to be truly functional.