OSCE Representative publishes legal review of proposed amendments to the “Law on Free Access to Information of Public Character” in North Macedonia

VIENNA, 25 March 2019 -  The OSCE Representative on Freedom of the Media, Harlem Désir, published today a legal review of proposed amendments to the “Law on Free Access to Information of Public Character” in North Macedonia. The review was previously officially sent to the Minister of Justice, Renata Deskoska.

“Access to information is a key component of media freedom and of a well-informed citizenry. I welcome the draft law and the ambition of the government of North Macedonia to ensure better access to information on state and administrative activities and finances. The general message of the review is that the proposed amendments will help to improve clarity, provide better time frames, and improve the oversight and reporting process, as well as provide new sanctions for failing to meet deadlines and non-compliance with the decisions by the Commission for the Protection of the Right to Free Access to Information of Public Character, but we propose some improvement and clarifications,” Désir said.

Main recommendations include:

• To strengthen the definition of the scope of the Law on Free Access to Information by adding clearly that it applies to bodies operating largely with public funds.
• To take political parties out from the draft as the information about public funding by public bodies should be obtained in accordance with the law directly from the relevant public bodies.
• To conduct a revision of the exceptions to bring them into line with international standards.
• To conduct a review of the information to be published proactively and to establish a protocol for ensuring the publication of information that is in the public interest while ensuring that in certain cases the privacy of individuals is protected.
• To require that public bodies report to the Commission on the time taken to respond to requests, with relevant details on time for acknowledgements, clarifications, refusals, and so forth.

The review was prepared by Helen Darbishire, Executive Director of Access Info Europe and an international expert on access to information law.

“As regards the political parties, the recommendation to remove them from the draft was not intended to advocate for less transparency. My Office fully supports citizen’s right to be informed about the way public funds are spent, including public funding for political parties. However, this issue should be handled through other laws such as the laws on Financing of Political Parties and on Prevention of Corruption,” Désir said.

“I hope that this legal analysis will be a useful document in the debate concerning the proposed amendments on access to information in the country,” Désir said.

The Representative encouraged authorities to take steps toward open government, which would guarantee more access to open sources, and reiterated his continued readiness to provide assistance on media-related issues in North Macedonia.

The full text of the legal review is available at: https://www.osce.org/representative-on-freedom-of-media/415145