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Alert

ARTICLE 19 calls on authorities to expedite adoption of freedom of information law

(ARTICLE 19/IFEX) - The following is an ARTICLE 19 press release:

MACEDONIA MUST EXPEDITE ADOPTION OF FREEDOM OF INFORMATION LAW

ARTICLE 19 today called on the Macedonian authorities to speed up the adoption of the "Law on Free Access to Information of a Public Character" and ensure that serious flaws in the draft are resolved. Law Programme Director Toby Mendel said:

"Due to repeated delays, Macedonia is now the last country in South-Eastern Europe without a freedom of information law. However, the current draft fails to meet international standards on access to information and this should be remedied before it is adopted."

ARTICLE 19's concerns include:

- The law does not claim final authority in matters of freedom of information, and is vulnerable to being eclipsed by secrecy laws, such as the Classified Information Law.
- Plans to establish a commission charged with hearing appeals and promoting implementation of the law have been dropped in favour of adjudication in the regular court system. Experience across many countries shows that an independent administrative complaints mechanism is essential to the effective functioning of an access to information system; court procedures are simply too lengthy and costly for the vast majority of potential information complainants.
- The law does not contain a clear "harm test", which would stipulate that requests for information should never be refused unless disclosure would pose a serious risk of actual harm.
- The law does not guarantee protection of whistleblowers.

BACKGROUND:
ARTICLE 19 has been instrumental in the adoption of freedom of information legislation across South-Eastern Europe and has been advising the government and civil society on the drafting of Macedonia's law since 2001.

ARTICLE 19's recent commentary on the draft law can be downloaded at:
http://www.article19.org/pdfs/analysis/macedonian-free-access-to-information-2006.pdf