The Council of Europe’s Access Info Group (AIG), an independent group of experts created to monitor the implementation of the Council of Europe Convention on Access to Official Documents, published today its first baseline evaluation report on Bosnia and Herzegovina.

The report contains a comprehensive analysis of the Law on Freedom of Access to Information at the level of institutions of Bosnia and Herzegovina, the Law on Freedom of Access to Information of the Federation of Bosnia and Herzegovina and the Law on Freedom of Access to Information of the Republika Srpska.

These laws apply to a wide range of public authorities covered by the convention and the information that they hold. The right of access to official documents is guaranteed without discrimination on any ground.

The limitations of the right of access laid down in these laws comply with the 11 interests* provided by the convention which allow a Party to introduce restrictions of access to State-held information. According to these laws, in cases when legal restrictions are applied, it should be assessed whether they cause harm to the interests that they seek to protect and whether an overriding (more important) public interest exists in the disclosure of the requested information.

The AIG highlighted certain aspects of the processing of access requests under the Law on Freedom of Access to Information at the level of institutions of Bosnia and Herzegovina where full compliance with the convention should be ensured, notably as regards the assistance that should be provided to the applicant, the transfer or access requests within the public administration and the dismissal of access requests on administrative grounds.

Bosnia and Herzegovina ratified the Council of Europe Convention on Access to Official Documents on 31 January 2012. It entered into force in the country on 1 December 2020.

The convention allows each party to limit the right to access official documents as long as the limitations are set down precisely in law, are necessary in a democratic society and are proportionate to the aim of protecting 11 interests from harm: a) national security, defence and international relations; b) public safety; c) the prevention, investigations and prosecution of criminal activities; d) disciplinary investigations; e) inspection, control and supervision by public authorities; f) privacy and other legitimate private interests; g) commercial and other economic interests; h) the economic, monetary and exchange rate policies of the State; i) the equality of parties in court proceedings and the effective administration of justice; j) environment; or k) the deliberations within or between public authorities concerning the examination of a matter. Concerned states may also declare that communication with the reigning Family and its Household or the Head of States shall also be included among the possible limitations.