Bosnia and Herzegovina
Name of law: Law on Freedom of Access to Information for Bosnia and Herzegovina
First adopted: 2000
Last modified: 2006-05
RTI Rating last updated: 2011-09
First adopted: 2000
Last modified: 2006-05
RTI Rating last updated: 2011-09
Introduction
Though it has some key areas for improvement, Bosnia and Herzegovina’s RTI law is comparatively strong. The law earns full points in terms of its scope and has a regime of exceptions that is largely in line with international standards, including a harm test for exceptions and a mandatory public interest override. However, the law problematically does not explicitly override secrecy provisions in other legislation. Another key weakness in the law is the fact that the oversight body can only make recommendations, rather than binding decisions, and the lack of sanctions for those who wilfully breach the Act or protections for those who make good faith disclosures.Local Expert: Srdjan Blagovcanin
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 30 | 30 |
| 3 | Requesting Procedures | 21 | 30 |
| 4 | Exceptions & Refusal | 19 | 30 |
| 5 | Appeals | 16 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 12 | 16 |
| ∑ = 102 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | No constitutional provision protecting access to information. | Link to constitution (english version) can be found here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | Article 1 "The purposes of this Act are: b. to establish that every person has a right to access this information to the greatest extent possible consistent with the public interest, and that public authorities have a corresponding obligation to disclose information;". | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | Article 2. "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Article 1 "The purposes of this Act are: a. to acknowledge that information in the control of public authorities is a valuable public resource and that public access to such information promotes greater transparency and accountability of those authorities, and is essential to the democratic process;". | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Article 4 Right of Access. "Every natural and legal person has the right to access information in the control of a public authority, and each public authority has a corresponding obligation to disclose such information. This right of access may only be subject to such formalities and restrictions as are prescribed by this Act." | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Article 3 Definitions. "For the purpose of this Act: "information" means any material which communicates facts, opinions, data or any other content, including any copy or portion thereof, regardless of form, characteristics, when it was created, or how it is classified;" | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | Article 3 Definitions. "For the purpose of this Act: "information" means any material which communicates facts, opinions, data or any other content, including any copy or portion thereof, regardless of form, characteristics, when it was created, or how it is classified;". | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities" Art 3.2 "public authority" means any authority or legal person in the Federation of Bosnia and Herzegovina (hereafter "Federation") as follows: - a legislative authority; - an executive authority; - a judicial authority; - an administrative authority; - a legal person appointed or established by law to carry out a public function; - a legal person that is either owned or controlled by the Federation, or by a canton, municipality or town within the Federation, or whose work is administered by a public authority; | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, all bodies referred to in the indicator are included. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | Article 2: "This Act shall be interpreted so as to facilitate and promote the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2: "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, the legislative bodies are included. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, the judicial branch is included. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, the State-owned enterprises are included. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, these bodies are included. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | Article 2: "This Act shall be interpreted so as to facilitate and encourage the maximum and prompt disclosure of information in the control of public authorities at the lowest reasonable cost." Art 3.2 "public authority" means any of the following in Bosnia and Herzegovina: a. an executive authority; b. a legislative authority; c. a judicial authority; d. a body appointed or established by law to carry out a public function; e. any other administrative authority; f. a body that is either owned or controlled by a public authority." | The art. 2 clarifies that all public authorities are under the scope. The art. 3.2 says which bodies are public authorities. In this case, the bodies referred to in the indicator are included. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | Art.11 4. "A public authority shall neither require nor ask for any reason or justification for the request." | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | Art.11. 2. "Requests for access to information shall: be in writing in one of the official languages of the Federation; provide sufficient detail as to the nature and/or contents of the information sought so as to enable the public authority exercising a reasonable effort to locate the requested information; and include the requester's name and address." | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Article 11 Submission of a Request "1. A request for access to information shall be submitted to the public authority the requester believes is the competent authority. 2. A request for access to information shall: a. be in writing in one of the official languages of the Federation; b. provide sufficient detail as to the nature and/or contents of the information sought so as to enable the public authority exercising a reasonable effort to locate the requested information; and c. include the requester's name and address." | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | Article 11 Submission of a Request "1. A request for access to information shall be submitted to the public authority the requester believes is the competent authority. 2. A request for access to information shall: a. be in writing in one of the official languages of the Federation; provide sufficient detail as to the nature and/or contents of the information sought so as to enable the public authority exercising a reasonable effort to locate the requested information; and c. include the requester's name and address." | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | Article 18 Duty to Assist "A public authority is obliged, within its capabilities, to take all necessary steps to assist any natural or legal person seeking to exercise any right under this Act." | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Article 13.1 Determination of Competent Authority "Should the respondent authority not be the competent authority, it shall, as soon as possible and no later than 8 days from receipt of the request, transfer the request to the competent authority and notify the requester in writing thereof." | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 14.4. "Notices referred to in subsections (2) and (3) shall be sent out as soon as possible and no later than 15 days from receipt of the request.<...>" | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | Article 14.4. "Notices referred to in subsections (2) and (3) shall be sent out as soon as possible and no later than 15 days from receipt of the request. For requests that necessitate processing under Articles 7 and/or Article 9(3), this 15 day time period shall be correspondingly extended by the time limits provided for in those Articles. The competent authority shall immediately notify the requester in writing of all extensions including the reasons for the extensions". | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | Article 14.4 "Notices referred to in subsections (2) and (3) shall be sent out as soon as possible and no later than 15 days from receipt of the request. For requests that necessitate processing under Articles 7 and/or Article 9(3), this 15 day time period shall be correspondingly extended by the time limits provided for in those Articles. The competent authority shall immediately notify the requester in writing of all extensions including the reasons for the extensions". Art. 7 "Where a competent authority reasonably determines that a request for access to information involves the confidential commercial interests of a third party, the competent authority shall forthwith notify the third party in writing of the specifics of the request and inform the third party that the disclosure of the information is imminent unless the third party, within 15 days from receipt of the notice, responds in writing that it considers the information to be confidential and gives reasons as to why harm would result from disclosure.Upon receipt of such a response the competent authority shall claim an exemption." Art. 9.3 "If disclosure of the requested information for which a competent authority has claimed an exemption under Articles 7 or 8 is determined to be in the public interest, the competent authority shall notify the third party in writing that the information shall be disclosed upon the expiry of 15 days of receipt of the notice.<...>" | There are two different time limit extensions: The art. 7. referred the extension of 15 days from receipt the notice when the request of information involves the confidential commercial interests of a third party. The art. 9.3 also allowed an extension of 15 days when the imminent disclosure of the requested information can affect the protection of personal privacy. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Article 16 Duplication Costs "A public authority shall not levy fees or taxes for requests submitted, or for decisions or notices provided for under this Act.<...>" | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | Article 16 Duplication Costs "<...> fees may only be levied for duplication costs that shall be determined in accordance with an Instruction of the Federation Ministry of Justice issued pursuant to this Act. For standard size photocopies, the first ten pages shall be free of charge." | It is free of charge only for the first 10 pages. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Art 6. about the Exemptions for the functions of Public Authorities; Art. 7 about the Exception of Confidential Commercial Information; Art. 8 about the Exemption for the Protection of Personal Privacy and Art. 9 Public Interest Test. | It scores 8 points because the exceptions about the international relations and management of the economy are not included. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | Art 5. "Determination of an Exemption. Requested information shall be determined to be exempt from disclosure on a case-by- case basis and only if a competent authority: a. claims an exemption under Articles 6, 7 or 8 for all or part of the information; and b. determines, upon applying the public interest test provided for in Article 9, that disclosure is not justified in the public interest." Article 9 "Public Interest Test. 1. A competent authority shall disclose the requested information, notwithstanding that it has claimed an exemption under Articles 6, 7 or 8, where to do so is justified in the public interest having regard to both any benefit and harm that may accrue from doing so. 2.In determining whether disclosure is justified in the public interest, a competent authority shall have regard to considerations such as but not limited to, any failure to comply with a legal obligation, the existence of any offence, miscarriage of justice, abuse of authority or neglect in the performance of an official duty, unauthorized use of public funds, or danger to the health or safety of an individual, the public or the environment." | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Art 5. "Determination of an Exemption. Requested information shall be determined to be exempt from disclosure on a case-by- case basis and only if a competent authority: a. claims an exemption under Articles 6, 7 or 8 for all or part of the information; and b. determines, upon applying the public interest test provided for in Article 9, that disclosure is not justified in the public interest." Article 9 "Public Interest Test. 1. A competent authority shall disclose the requested information, notwithstanding that it has claimed an exemption under Articles 6, 7 or 8, where to do so is justified in the public interest having regard to both any benefit and harm that may accrue from doing so. 2.In determining whether disclosure is justified in the public interest, a competent authority shall have regard to considerations such as but not limited to, any failure to comply with a legal obligation, the existence of any offence, miscarriage of justice, abuse of authority or neglect in the performance of an official duty, unauthorized use of public funds, or danger to the health or safety of an individual, the public or the environment." | |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | Partially | 1 | Article 10 Severance "If part of the requested information is determined to be exempt, the competent authority shall sever that part and disclose the remainder of the information unless the severance has rendered it incomprehensible." | The authority shall sever the part of the document unless the deletion render meaningless the document. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | Article 12 Inability to Comply with a Request 1. "Should a public authority be unable to comply with a request owing to the absence of formal requirements as provided for in Article 11(2) or (3) of this Act, it shall, as soon as possible and no later than 8 days from receipt of the request, notify the requester in writing, where such notification is possible, that the request cannot be processed for that reason. This notice shall inform the requester of the availability of appeal, the specific body to whom the appeal should be addressed including the necessary contact information, and the dead line for and cost of filing an appeal. The notice shall also inform the requester of his or her right to apply to the Ombudsman, and shall include the necessary contact information." | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Article 12 Inability to Comply with a Request. "Should a public authority be unable to comply with a request owing to the absence of formal requirements as provided for in Article 11(2) and (3), it shall, as soon as possible and no later than 8 days from receipt of the request, notify the requester in writing, where such notification is possible, that the request cannot be processed for that reason. This notice shall inform the requester of the availability of appeal, the specific body to whom the appeal should be addressed including the necessary contact information, and the dead line for and cost of filing an appeal. The notice shall also inform the requester of his or her right to apply to the Ombudsman, and shall include the necessary contact information." | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Article 12 Inability to Comply with a Request. "Should a public authority be unable to comply with a request owing to the absence of formal requirements as provided for in Article 11(2) and (3), it shall, as soon as possible and no later than 8 days from receipt of the request, notify the requester in writing, where such notification is possible, that the request cannot be processed for that reason. This notice shall inform the requester of the availability of appeal, the specific body to whom the appeal should be addressed including the necessary contact information, and the dead line for and cost of filing an appeal. The notice shall also inform the requester of his or her right to apply to the Ombudsman, and shall include the necessary contact information." | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | Article 9 of the Law on the human right ombudsman of Bosnia and Herzegovina 22/01/2001 "The Ombudsmen shall be appointed by the House of Representatives of Bosnia and Herzegovina and by the House of Peoples of Bosnia and Herzegovina by a two-thirds majority of each House, following a joint proposal by the Presidency of Bosnia and Herzegovina". | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | Article 39 of the Law on the human right ombudsman of Bosnia and Herzegovina 22/01/2001; "Upon proposal by the Institution, the financial appropriation necessary to the functioning of the Institution shall be included in the budget of the Presidency of Bosnia and Herzegovina." Article 34 states that the report goes to Parliament." | The budget is included in the budget of the presidency so 1 point lost. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | YES | 2 | Article 11 of the Law on the human right ombudsman of Bosnia and Herzegovina 22/01/2001: "1. Any citizen of Bosnia and Herzegovina of age enjoying full civil and political rights who has a demonstrated experience in the field of human rights and is of recognised and high moral stature may be elected as an Ombudsman" and 12 of the law on the human right ombudsman of Bosnia and Herzegovina 22/01/2001; "1. An Ombudsman's duties shall terminate for any of the reasons below: a) His or her resignation; b) Expiry of his or her term of office; c) His or her manifest inability to perform his or her duties; d) Failure to give up an incompatible position as set forth in Article 17, paragraph 4, of this Law; e) His or her conviction and final sentencing for an intentional offence described in Article 16, paragraph 3, of this Law." | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 2 | Article 2 and 25 of law of the human right ombudsman of Bosnia and Herzegovina 22/01/2001 state that they can undertake investigations and inspections. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Only recommendations |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | See law on administrative procedure. |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | Article 19.2 of law on the human right ombudsman of Bosnia and Herzegovina 22/01/2001. "All the work of the Institution is free of charge to the person concerned and does not require the assistance of counsel or a solicitor." | |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Law on human right ombudsman of Bosnia and Herzegovina 22/01/2001. | Time frame is not mentioned but the procedure is clear. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | Article 32 Law on human right ombudsman of Bosnia and Herzegovina 22/01/2001. "An Ombudsman may make recommendations to government bodies with a view to the adoption of new measures." | |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | Art. 26.3. "Any contravention of this Act may be subject to sanctions under the administrative laws, criminal laws, laws on minor offences and under any other applicable legislation in force in the territory of Bosnia and Herzegovina." | It does not have a specific sanction system for the right of access to information. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 19. Information Officer "A public authority is obliged to appoint an Information Officer who shall process requests made under this Act. Upon the appointment of the Information Officer, his or her name and contact information shall be submitted to the Ombudsman." | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 22 Activities of the Ombudsman. "In performing its functions in relation to this Act, the Ombudsman for Bosnia and Herzegovina may inter alia consider: a. creating and disseminating information such as guidelines and general recommendations concerning the administration and implementation of this Act; b. including in its annual report a special section regarding its activities in relation to this Act; and c. proposing instructions on the implementation of this Act to all competent ministries within Bosnia and Herzegovina, in coordination with the ombudsman institutions of the Federation of Bosnia and Herzegovina and the Republika Srpska." | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 20.a. Requirement to Publish and Disseminate "Each public authority shall disseminate: a. a guide sufficient to enable any person to access information controlled by that public authority including but not limited to, the contact information of the public authority and its Information Officer, essential elements of the request procedure together with a sample re quest letter, information regarding the categories of exemptions, access procedure, duplication costs, avenues of redress, and any applicable time limitations." Article 22 Activities of the Ombudsman "In performing its functions in relation to this Act, the Ombudsman for Bosnia and Herzegovina may inter alia consider: a. creating and disseminating information such as guidelines and general recommendations concerning the administration and implementation of this Act; b. including in its annual report a special section regarding its activities in relation to this Act; and c. proposing instructions on the implementation of this Act to all competent ministries within Bosnia and Herzegovina, in coordination with the ombudsman institutions of the Federation of Bosnia and Herzegovina and the Republika Srpska." | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 20.b. Requirement to Publish and Disseminate "A public authority shall publish: an indexed register of the types of information in the control of the public authority, the form in which the information is available, as well as where that information may be accessed.<...>" | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | Art. 20 d. Requirement to Publish and Disseminate. "A public authority shall publish: an annual report detailing the functions, policies, operations, organizational structure, and financial affairs of the public authority including but not limited to, their proposed budget and annual financial statement detailing actual prior year revenues and expenditures. This report shall be submitted to the Federation Parliament and shall be available upon request." | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | Article 2. Activities of the Ombudsman. "In performing its functions in relation to this Act, the Ombudsman for Bosnia and Herzegovina may inter alia consider: a. creating and disseminating information such as guidelines and general recommendations concerning the administration and implementation of this Act; b. including in its annual report a special section regarding its activities in relation to this Act; and c. proposing instructions on the implementation of this Act to all competent ministries within Bosnia and Herzegovina, in coordination with the ombudsman institutions of the Federation of Bosnia and Herzegovina and the Republika Srpska." |
