Access to public information in Bosnia and Herzegovina

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Bosnia and Herzegovina was one of the first countries in the Balkans to adopt the Freedom of Access to Information Act, at the State level in 2000, and then in 2001 in both of its entities, namely the Federation of Bosnia and Herzegovina and the Republika Srpska. However, according to some experts the law requires changes to address a series of shortcomings that have been identified over the years.

Background

Due to the specific circumstances and the way in which it was created, the Constitution of Bosnia and Herzegovina, annex IV of Dayton Peace Agreement did not pay much attention to the right to information. The development of freedom of information legislation was initiated with a decision of the High Representative in 1999. The Decision asked the State and the Entities to adopt such a legislation. The consultation process for drafting the law involved the Organisation for Security and Cooperation in Europe (OSCE)’s legal experts and extensive public discussions with citizens and civil society groups. The Act was adopted by the Bosnia and Herzegovina State Government in October 2000, and the Republika Srpska Government in May 2001.