Amendments to the Law on Free Access to Information adopted by the Parliament at the proposal of DPS’ MPs enable hiding of key information from the public, which directly incites corruption. That is why it is necessary to urgently establish a Working Group for harmonisation of this Law with international standards.
One of the most obvious examples is the Council for Privatisation and Capital Projects of the Government of Montenegro, which was enabled by the latest amendments to the Law to hide data from the public on privatization of the 13 largest companies in Montenegro, which opens up a huge space for corruption.
The companies are: Institute “Dr. Simo Milošević” JSC Igalo; JSC “Montecargo” Podgorica; “Montenegro Airlines” JSC Podgorica; HG “Budvanska rivijera” JSC Budva; HTP “Ulcinjska rivijera” JSC Ulcinj; ” Institut crne metalurgije ” JSC Nikšić; “Poliex” JSC Berane; ” Pošta Crne Gore” JSC Podgorica; “Novi duvanski kombinat” JSC Podgorica; “Montenegro defence industry” LLC Podgorica; Hotel “Park” Bijela, Municipality of Herceg Novi; Location “Gornji Ibar” Municipality of Rožaje, activities on defining future relations between the Government of Montenegro and A2A regarding the Contract for recapitalization and partial privatization of EPCG.
It is precisely this case that clearly shows why DPS’ MPs proposed and adopted amendments to the Law.
Namely, even before the amendments to the Law on FAI, the Council for Privatisation tried to hide the privatization information away from the public eye. The Administrative Court, however, adopted the lawsuits for such solutions, so the information had to be published. However, after the amendments to the Law from May 2017, the Administrative Court has begun to dismiss such lawsuits, and the information remains secret.
Despite the fact that the Law on FAI clearly stipulates that the right to free access to information is regulated by this legal act, it also states that this does not apply to information for which there is an obligation to keep a secret, which is regulated by other acts. Although this is completely contrary to all international standards regulating this area, as well as to the Constitution of Montenegro, the Council for Privatisation has managed to hide information from the public on privatisation of the companies by referring to this part of the Law.
Particularly worrying is the fact that the controversial part of the Law is the legal basis for hiding data related to the construction of Bar-Boljari highway, largest project in the history of Montenegro, which will be repaid for decades by its citizens.
Given that a large number of examples clearly indicate that corruption is developing smoothly in secret, the damage that could be inflicted on the state and its citizens by hiding data on privatisations and the construction of a highway is enormous. Also, the existing law is subject to strong criticism of international experts for free access to information, who warn that its changes are necessary.
Therefore, MANS urges the Ministry of Public Administration to establish a Working Group for the amendment of the Law on Free Access to Information as soon as possible so that the new legal solution would be in accordance with international standards and the Constitution of Montenegro. This would enable the realization of a fundamental right to information and the establishment of an adequate legal mechanism that would significantly reduce space for corruption.
MANS
