INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
recommendations on possible amendments that increase transparency of public authorities are
defined and harmonized standards for access to information across the country. The
recommendations identified relate to the lack of provisions governing the proactive publishing of
information, the weak institutional framework for monitoring the application of legislation on
access to public information, and the shortcomings in the process of accessing information on
request.
Ombudspersons provided their comments to SIGMA model draft Law on Free Access to
Information in BiH dated 2 September 2019 22, and suggested amendments to wording of some
provisions in this Draft. Ombudspersons keep following this process in the framework of the
mandate of the Institution to carry out activities on the adoption of legislation responsive to the
needs of the contemporary society.
4.1.3. Complaints lodged to the Ombudsman
In 2019 most frequent reasons compelling citizens to address the Ombudsman are lack of decisionmaking on requests for information within the statutory time limit, non-availability of legal
remedy, and the refusal of access to information that citizens feel should be available because they
are in the public interest.
In 2019 the Ombudsman received 275 complaints and issued 57 recommendations. Issued
recommendations relate to the silence of administration, or failure to act on requests for access to
information and on appeals against first instance decisions, failure to provide information on
available remedies in their decisions, claiming exceptions in situations when requested information
does not constitute an exception, failure to carry out a public interest test or inadequate public
interest test, failure to appoint information officers and the like.
Analysis of the data from the electronic database of the Ombudsman reveals that since 2015 there
has been an increase in the number of complaints regarding violation of the right of access to
information. This increase may be the result of several factors, namely: frequent violation of the
right to free access to information by public authorities in Bosnia and Herzegovina, better
awareness on citizens about the mechanisms of protection of the right to free access to information,
and also the result of the functioning of the Ombudsman as a body supervising the implementation
of the Law to Free Access to Information in Bosnia and Herzegovina. We cannot ignore the strong
role played by the media in the promotion of these laws, especially since the media use the laws
on free access to information in BiH as a tool for obtaining information for their reports.
Below is the comparative overview of the registered complaints and number of issued
recommendations in this area in the period 2015-2019.
22
Document issued by the Ombudsman no. OI-K-SA-140/19 dated 20 September 2019
20
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