Source: "Politika"
Interview: Rodoljub Sabic
The most qualitative contribution to implementing the Law on Free Access to Information of Public Importance is given by the citizens.
Citizens have turned to Rodoljub Sabic, Commissioner for Information of Public Importance, five and a half times more during the last year, than in 2005. Although the citizens are much more ready to use their rights, the government seems not willing to please the „subjects". Therefore in the annual report Sabic concludes that unfortunately, consciousness about obligations towards the public is difficult to change with the authorities in power.
Your report shows that you still have the same problems with the authorities and their responsibilities towards the public?
Unfortunately you are right. In the previous reports I have pointed out that it is necessary for the Government of Serbia (three of them changed in the meantime) to activate responsibility mechanisms for law infringement and for enforcement of Commissioner's orders. Practically nothing has been done on that plan. I have also warned of the necessity to pass some of the complementary laws. Just one has been passed, the Law on Personal Data Protection.
All reports have also stated that the Commissioner works with completely inadequate spatial, staff and logistics resources. With the consent of the Assembly, we should have 21 collaborator from the very start in the Commissioner's service, and after extension of the authorization to also cover personal data protection, 69 of them. The Commissioner has during all that time, and is still today working with just seven collaborators.
You are also right if we speak about problems with the authorities on all levels. Although there are some positive changes, still anachronous concepts about the relationship between the power and the public are hard to change. That is confirmed also by a big number of cases registered with the Commissioner - in 2008 there were over 1,500 of them.
Who has the least respect for the Law on Free Access to Information?
I wouldn't set aside someone special. I would rather point out to the fact which generally speaks about inadequate relationship of many in all layers of power towards the rights of the public. In over 90 percents of the cases, the complaint to the Commissioner is submitted due to „silence from the administration", due to otherwise punishable and prohibited ignoring of requests. And later, in almost three quarters of cases, the information that has previously been denied is given already on my first intervention, without formal order. So it means, this could have been done even without complaint. With a little bit more of good will, culture and responsibility we can have citizens who are more satisfied, better image of the power, less complaints submitted to the Commissioner.
Which individual, or institution have presented the biggest positive progress?
The most qualitative contribution comes from citizens. From around 650 reports delivered to the Commissioner it derives that in 2008 almost 56,000 requests have been submitted to the authorities for accessing information - over six times more than in 2007 and almost ten times more than in 2006. The data, are of course not completely true, (a large number of authorities didn't deliver their reports), but they are, if compared with the previous ones, very indicative and they confirm positive growth trend of the citizens' consciousness about the right to freely access information and about their readiness to exercise that right.
If we speak about an authority, alongside with some of long-term positive examples like the Ministry of State Administration, Chamber of Commerce of Serbia, towns of Sabac, Valjevo and Smederevo and some others, in the context of progress I would also mention BIA (Security-Intelligence Agency). BIA has for years expressed unacceptable, ignorant relationship towards the law, rights of the citizens and own obligations. Therefore I have warned during the last year that no one can be allowed to put oneself above and beyond the reach of the law. BIA has in 2008 significantly improved relationship regarding respect for requests, respect of legal procedure, execution of obligations and publishing information about its work. Of course, BIA, just like the others should still work on the relationship towards the public, but we should acknowledge progress that it has made in relation to that.
How and why did the Ministry of Health's inspection urge the other authorities not to fulfill the jobs from the scope of law, as you state in your report?
By incompetent interpretation of the law and obligatory nature of the Commissioner's orders. In relation to that, I spoke with Minister Milosavljevic, and the citizens' protector has also initiated adequate procedure and I hope that this won't repeat. In a regulated country it is unthinkable that the authorities urge anyone not to fulfill the legally obliging decisions of the other authorities in power.
What have you done in 27 cases when the Government should have provided for execution of the Commissioner's orders, and it failed to do so?
According to the Law, my authority ends by passing a decision which is mandatory. It is assumed that it would be executed, and if it fails, it is the obligation of the Government to secure execution based on the request of a person requesting information. In 2008 27 citizens have asked for that, and the Government didn't fulfill this obligation even once. Why, you should ask them.
Which laws and regulations are necessary in order to have better implementation of the Law on Accessibility of Information?
Those are laws on secrets' classification, about personal data protection and about secret services' files. We have passed one, but conditions for its implementation haven't been secured. And exactly that, not just passing of the law, but real life implementation is the most important thing.
