Open letter to representatives of the international community in Montenegro regarding proposed amendments to the Law on FAI

Press releases · 03/10/2019

NGOs and the media call on the international community to remind representatives of state institutions of their international obligations and standards in the field of the right to free access to information.

Proposed amendments to the Law on Free Access to Information remove from the media and NGOs key mechanisms for successful investigation of corruption and organized crime and monitoring the quality of implemented reforms.

Political parties are exempted from the application of the law in the eve of parliamentary elections. With the existing non-prosecuting of cases of political corruption, this would definitely further jeopardize the environment for conducting fair and democratic elections and reduce the already extremely low level of citizens’ trust in the electoral process.

The Government proposes introducing of the so-called abuse of the right of access to information, and gives the institutions huge discretionary power to refuse to publish information of public importance without any criteria.

Contrary to international standards, the Government is drastically narrowing the term information, again leaving it to the discretion of state authorities to arbitrarily assess whether or not an information is of public importance.

The amendments to the law completely exclude the intelligence and security sector, as well as any information that is shared with international bodies or third countries that the Government decides is confidential. In this way, citizens are deprived of the opportunity to check before the court whether the information has been lawfully declared confidential.

Although the misuse of trade secrets that institutions refer to when hiding information of public importance is widespread, the Government has not even attempted to define that term. In this area, too, there are clear international standards that the Government has failed to apply. Instead, it has left the institutions to interpret themselves what are trade secrets that are not prescribed by any current law.

The draft reduces the obligation of institutions to proactively publish information online, although the Government formally claims that it will improve the availability of public information on its websites.

For all these reasons, we believe that the envisaged amendments are contrary to international standards and represent a direct threat to the work of civil society and the media, allowing huge space for corruption and illegal hiding of information of public importance.

We remind that, although limited, the progress made so far in implementing anti-corruption reforms has been largely achieved thanks to NGOs and the media who discovered specific cases of corruption and thus urged the public to put pressure in order for key reforms to be implemented.

After more than a decade of Montenegro’s process of European integration, the civil sector and the media are now facing a process that can undo the reforms implemented so far in the area of the rule of law.

We are inviting you to join us in our efforts to defend the right of free access to information and to ensure that the process of integration of Montenegro into the family of democratic countries is not stopped.

Below is a list of NGOs and representatives of Montenegrin media that have signed the open letter:

1. The Network for Affirmation of NGO Sector – MANS
2. NGO Human Rights Action – HRA
3. NGO Institute Alternative – IA
4. NGO The Centre for Monitoring and Research – CEMI
5. NGO Center for Democratic Transition – CDT
6. Center for Investigative Journalism of Montenegro – CIN-CG
7. NGO 35 mm
8. NGO Centre for Democracy and Human Rights – CEDEM
9. NGO Center for Civil Liberties – CEGAS
10. Organized Crime and Corruption Investigation Network – LUPA
11. NGO Civic Alliance
12. Environmental Movement OZON
13. NGO Center for Protection and Research of Birds – CZIP
14. NGO Green Home
15. NGO Expeditio
16. NGO Media Centre
17. NGO Women’s Rights Center – CŽP
18. NGO Women’s Safe House – SŽK
19. NGO Active Zone
20. LGBT Forum Progres
21. NGO Montenegrin Ecologists Society – CDE
22. NGO Breznica
23. Durmitor Development Centre
24. NGO Follow us – Phiren amenca
25. NGO Multimedial Montenegro – Mmne
26. NGO Our Action
27. NGO Association for Civil Society Development Bijelo Polje
28. NGO Institute for Business and Financial Literacy
29. NGO Association for implementation of rights – UZIP
30. MJSJA – Dr. Martin Schneider – Jacoby Association
31. NGO Association of Youth with Disabilities of Montenegro – UMHCG
32. NGO Global Network Albanian Women
33. NGO Society for Historical Research
34. Society of Young Ecologists Niksic
35. NGO Anima
36. NGO Workers from Bankrupt Companies in Montenegro
37. Foundation “HELP – Action for North of Montenegro”
38. NGO Safra / Radio Krs
39. Trade Union of Montenegrin Physicians
40. NGO Eco-team
41. NGO Hope Herceg Novi
42. NGO Network for Change
43. NGO Circle of Life
44. Network for education and development of support services for persons with disabilities – MERSP
45. NGO Nit
46. Local Democracy Agency Niksic
47. The Hand of Friendship Foundation
48. NGO Pandora
49. NGO Futura
50. NGO Spot Agon
51. NGO Identity
52. NGO Media team
53. Women Organization Fenix
54. The Friendship Hand Foundation
55. NGO Brain

1. Danilo Ajković, journalist, FOS Media
2. Marijana Bojanić, executive of Vijesti
3. Svetlana Đokić, journalist, TV Vijesti
4. Ivana Gudović, editor, ID Vijesti
5. Darko Ivanović, journalist
6. Jelena Jovanović, journalist, ID Vijesti
7. Jaša Jovićević, executive of Agency MINA
8. Mihailo Jovović, editor, ID Vijesti
9. Goran Kapor, journalist, ID Vijesti
10. Damira Kalač, journalist, ID Vijesti
11. Ana Komatina, journalist, ID Vijesti
12. Srdan Kosović, editor, ID Vijesti
13. Milica Krgović, journalist, DAN
14. Vuk Lajović, journalist, ID Vijesti
15. Danijela Lasica, journalist, TV Vijesti
16. Siniša Luković, journalist, ID Vijesti
17. Nikola Marković, editor, DAN
18. Draško Milačić, journalist, DAN
19. Milorad Milošević, journalist ID Vijesti
20. Milka Tadić Mijović, executive, CIN-CG
21. Marija Mirjačić, journalist, ID Vijesti
22. Jovan Nikitović, journalist, Pobjeda
23. Ana Ostojić, journalist, DAN
24. Vladimir Otašević, journalist, DAN
25. Tina Popović, journalist, ID Vijesti
26. Mila Radulović, journalist, ID Vijesti
27. Miloš Rudović, journalist, ID Vijesti
28. Majda Šabotić, journalist, TV Vijesti
29. Marko Vešović, journalist, DAN
30. Duško Vuković, journalist
31. Dobrila Plamenac Vuković, editor, PCNEN
32. Tijana Pravilović, journalist, TV Vijesti