Source: : Pravda
Interview: Mr. Rodoljub Sabic, Commissioner for Information
- First of all, I would like to make one thing clear: my job is not to deal with scandals and politicians. The most I can do is help you obtain information or documents by which you then could support your claims or uncover a scandal - says in his interview with “Pravda” Mr. Rodoljub Sabic, Commissioner for Information of Public Importance. He said he had no doubts that “not all corruption stories are based on actual facts.”- There has been myth-forging and exaggeration, but what is certain is that we do have a very high level of corruption. However, this is far from being the only problem we are facing.
What else is a problem?
- Another problem is the high level of distrust of public authorities, the very ones supposed to resolve an issue in its initial stage. I am therefore of the view that as much information as possible should be made available to the public. This would result in less fraud and corruption and give more reasons to establish a relationship of trust.
Do you think that would solve the problem of corruption in the country?
- Not completely, but it would be a step in the right direction. If you address a public authority several times or request from it a report or ask it what it does with your money during the term of office to which you elected it, you will contribute to the establishment of a control mechanism we are currently lacking. I and my office are here to help you with that.
Is that the way for us to resolve the problem?
- Other countries in the world have had similar problems and have resolved them. Slovenia, for example, had developed by far the best way of transition towards the EU. Slovakia was in poverty and corruption up to its neck and had poor communication with the European Union. Consistent implementation of the Freedom of Information Act has done a great deal in combating fraud in corruption in that country, which is now an EU Member State.
How far is our country from that stage?
- Still too far, I'm afraid. However, the public is becoming increasingly conscious and a growing number of people are asserting their rights, requiring documents and doing other things necessary to make the Law functional and applicable. The story of freedom and of access to information has never been about plain sailing, not in any country. It is something that has to be won. Even in democratic countries, the initial implementation of freedom of information acts did not run smoothly. The more people insist on their rights and on the implementation of the Law on Free Access to Information of Public Importance, the more likely we are to see it becoming fully applicable.
The Law on Free Access to Information of Public Importance is applicable to all institutions, all government authorities. Anyone needing information on or in connection with the activities of a certain authority is entitled to request and obtain such information, save in exceptional circumstances when this right can be restricted for reasons specified in the Law. If competent authorities fail to respond to a request, it is my duty, upon receiving a complaint, to investigate whether the refusal to answer was ungrounded and to order the authority to answer, where applicable.
Who addresses you most frequently?
- Most of the complaints I receive are from citizens, the media and journalists. Complaints by political parties, and even government authorities, have not been uncommon. The latter has to be seen as an indicator of a specific and rather serious problem, because the reason for this is the fact that different authorities are often managed by members of different political parties. In consequence, the operations of those authorities suffer because of inter-party hostility, which is inadmissible, since government authorities are not here to serve the interests of political parties, but those of the citizens.
What exactly do you do?
- If someone does not receive information within the time limit set out in the law and files a complaint, the Commissioner for Information acts on that complaint. The Commissioner first investigates the reasons for withholding the information and then passes a resolution. Commissioner's resolution ordering disclosure of information is binding under the law. If a body nevertheless fails to act as ordered by the Commissioner, the Government of Serbia is under obligation to enforce the decision.
What is your rate of success?
- Since the beginning of our operations, we have registered about 3500 cases. Of these, we have closed some 2800, which is a formidable feat for a service employing just six persons instead of 21, as originally intended. In nearly half of all cases, as soon as I made my first inquiry into the reasons why a certain person had been denied access to requested information, the answer was: “all right then, we will give them the information”. Requesters are usually interested in issues that have to do with money, public procurement, expenses... Still, I would say there is no issue or sector that has not been touched upon by some request or other, from environment protection and animal welfare, through the activities of political and judiciary authorities, to human rights.
What made you accept this position?
- I am a lawyer by vocation. I have been an opposition politician, a Member of Parliament and Minister in the Governments of Zoran Djindjic and Zoran Zivkovic. I have always had a keen interest for this idea and that is why I accepted the position. Although I have considerable experience and am not easy to fool, I have been encountering more problems than I expected.
Interfile: Lesson to be learnt
Highway
Even with all the unnecessary complications, the law ultimately prevailed. The public stood up. Personally, I think the greatest benefit from the whole affair is that no one will ever try anything similar again.
Responsibilities
Training
- I have addressed a letter to all Ministers in the Government, drawing their attention to several outstanding issues concerning the implementation of the Law on Information of Public Importance and alerting them to the responsibilities arising from the Law. In the course of the following week, staff of the Ministries will be attending a seminar in which they will be trained in proper interpretation and application of the Law.
