Open letter to representatives of the international community in Montenegro regarding proposed amendments to the Law on FAI
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:
- The Network for Affirmation of NGO Sector – MANS
- NGO Human Rights Action – HRA
- NGO Institute Alternative – IA
- NGO The Centre for Monitoring and Research – CEMI
- NGO Center for Democratic Transition – CDT
- Center for Investigative Journalism of Montenegro – CIN-CG
- NGO 35 mm
- NGO Centre for Democracy and Human Rights – CEDEM
- NGO Center for Civil Liberties – CEGAS
- Organized Crime and Corruption Investigation Network – LUPA
- NGO Civic Alliance
- Environmental Movement OZON
- NGO Center for Protection and Research of Birds – CZIP
- NGO Green Home
- NGO Expeditio
- NGO Media Centre
- NGO Women’s Rights Center – CŽP
- NGO Women’s Safe House – SŽK
- NGO Active Zone
- LGBT Forum Progres
- NGO Montenegrin Ecologists Society – CDE
- NGO Breznica
- Durmitor Development Centre
- NGO Follow us – Phiren amenca
- NGO Multimedial Montenegro – Mmne
- NGO Our Action
- NGO Association for Civil Society Development Bijelo Polje
- NGO Institute for Business and Financial Literacy
- NGO Association for implementation of rights – UZIP
- MJSJA – Dr. Martin Schneider – Jacoby Association
- NGO Association of Youth with Disabilities of Montenegro – UMHCG
- NGO Global Network Albanian Women
- NGO Society for Historical Research
- Society of Young Ecologists Niksic
- NGO Anima
- NGO Workers from Bankrupt Companies in Montenegro
- Foundation “HELP – Action for North of Montenegro”
- NGO Safra / Radio Krs
- Trade Union of Montenegrin Physicians
- NGO Eco-team
- NGO Hope Herceg Novi
- NGO Network for Change
- NGO Circle of Life
- Network for education and development of support services for persons with disabilities – MERSP
- NGO Nit
- Local Democracy Agency Niksic
- The Hand of Friendship Foundation
- NGO Pandora
- NGO Futura
- NGO Spot Agon
- NGO Identity
- NGO Media team
- Women Organization Fenix
- The Friendship Hand Foundation
- NGO Brain
- Danilo Ajković, journalist, FOS Media
- Marijana Bojanić, executive of Vijesti
- Svetlana Đokić, journalist, TV Vijesti
- Ivana Gudović, editor, ID Vijesti
- Darko Ivanović, journalist
- Jelena Jovanović, journalist, ID Vijesti
- Jaša Jovićević, executive of Agency MINA
- Mihailo Jovović, editor, ID Vijesti
- Goran Kapor, journalist, ID Vijesti
- Damira Kalač, journalist, ID Vijesti
- Ana Komatina, journalist, ID Vijesti
- Srdan Kosović, editor, ID Vijesti
- Milica Krgović, journalist, DAN
- Vuk Lajović, journalist, ID Vijesti
- Danijela Lasica, journalist, TV Vijesti
- Siniša Luković, journalist, ID Vijesti
- Nikola Marković, editor, DAN
- Draško Milačić, journalist, DAN
- Milorad Milošević, journalist ID Vijesti
- Milka Tadić Mijović, executive, CIN-CG
- Marija Mirjačić, journalist, ID Vijesti
- Jovan Nikitović, journalist, Pobjeda
- Ana Ostojić, journalist, DAN
- Vladimir Otašević, journalist, DAN
- Tina Popović, journalist, ID Vijesti
- Mila Radulović, journalist, ID Vijesti
- Miloš Rudović, journalist, ID Vijesti
- Majda Šabotić, journalist, TV Vijesti
- Marko Vešović, journalist, DAN
- Duško Vuković, journalist
- Dobrila Plamenac Vuković, editor, PCNEN
- Tijana Pravilović, journalist, TV Vijesti
