Freedom of information (FOI) is integrated into each of MANS’ programs as a tool for obtaining documents from responsible institutions. Information obtained through FOI is provided to citizens requesting free legal aid, journalists working on investigative stories or members of MANS team. Some obtained responses serve as a basis for submitting initiatives to institutions responsible for fighting corruption; some are used for monitoring implementation of policies, laws and processes, or activities of particular institutions.
MANS has continued to monitor implementation of freedom of information legislative through extensive use of all legal mechanisms to obtain documents from institutions at all levels, mobilization of citizens to use their rights and provision of free legal aid, strategic litigation and advocacy campaigns based upon concrete cases.
In 2010 we submitted almost 6.000 FOI requests, and since December 2005, when the Law was adopted, we have filed over 30.000 requests. In 2010 we received 35% of requested documents, and over three quarters of all requested information for five years were obtained. In 2010 MANS submitted over 2.000 appeals to supervisory institutions. On average, supervisory institutions acted in more than 70% of cases and
made less than 50% of all the decisions in our favor.
Since FOI Law is in force we submitted 6.500 appeals. In 2010 we submitted over 1.800 cases to the Administrative Court, and over 4.800 in the six year period. In 2010, the Court made decisions in 73% of the submitted cases and 62% of the decisions were in favor of MANS. Since FOI Law is in force, the Court made decisions in 76% of all the cases, and 75% of them were in MANS favor. We also submitted over 170 cases to the Supreme Court that made decisions in 87% of cases, and 14 % of those decisions were in favor of MANS.
In May 2010, MANS organized round table with over 40 representatives of state institutions, international organizations, NGOs and media to discuss 10 recommendations for improvement of FOI practices of institutions on the basis of comparative analyses developed in regional project by partner organizations (described below). Throughout 2010 MANS organized street performances to mobilize
citizens to use FOI Law to obtain information held by the government. In May we organized two performances in northern Montenegrin municipalities Bijelo Polje and Berane and in July, performances were organized on three different locations in Podgorica.
On 28th September, MANS organized performances in nine municipalities across Montenegro7 as a part of marking and promotion of International Right to Know Day. We distributed over 4000 leaflets to inform citizens on their rights to freely access information, and provided them assistance in filing templates for FOI requests.
In 2010 we managed to seize initiatives coming from the government to restrict access to information by changing the FOI Law.
Using strategic litigation and media campaign, MANS managed to access documents that revealed violation of right to privacy by the Police that had direct access to information held by telecommunication operators, without any control.
Strategic litigation in front of the Supreme Court contributed to more transparency of the EU integration process. The government published Responses to the Questionnaire of the European Commission that were previously declared as state secret as well as translation of the Acquis Communautaire that was previously declared as secret, justified by alleged protection of intellectual property of the Government of Croatia who provided it as their gift to Montenegro.
Due to successful mobilization of citizens we improved transparency of privatization process. At public debates on privatization (described in 3.6), we mobilized over 100 workers and minority shareholders that submitted 300 requests for information. In May we mobilized 50 more citizens to submit almost 200 FOI requests on privatization. When citizens did not obtain requested information, we provided them with free legal aid in submitting appeals and complaints.
Major change was made in relation to transparency of privatization of companies through liquidation procedure. Until MANS mobilized workers and minority shareholders of these companies to file requests for information and provided them with legal assistance in initiating court proceedings, all documents related to this type of privatization were declared secret. Finally, after our actions, followed with media campaign, citizens obtained documents for several companies.
Through extensive media campaign, we have improved access to information on privatization of the largest company in the country, the Aluminum plant of Podgorica (KAP). The Government published Settlement Agreement with that company that was signed followed by over 300 million euro of Government’s subsidies.
We discovered number of cases related to illegal land use, and corruption in spatial planning and construction on the basis of documents obtained through FOI.
Throughout 2010, MANS was leading the regional project for monitoring level of transparency of public institutions in Montenegro, Croatia and Bosnia and Herzegovina, in partnership with Transparency International and Access Info Spain.
Through this action we strengthened capacities of the partners to use FOI to reveal corruption. We developed special request tracking software for BiH and Croatia, on the basis of Montenegrin version, and organized training for partners in using the database for monitoring transparency of state institutions in their countries.
Special communication tools and joint visual identity were developed and all partners participated in joint media campaign. Partners submitted number of comparative FOI requests in six areas prone to corruption and developed comparative analyses of FOI legislation in all three countries, with recommendations for improvements.
