INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
As a result, Ombudspersons decided to draft a special report on experiences in implementation of
legislation governing the free access to information in Bosnia and Herzegovina in order to find
facts related to this issue.
During the preparation of this Special Report, Ombudspersons of Bosnia and Herzegovina have
reviewed the international human rights instruments guaranteeing the right to free access to
information, positive legislation of Bosnia and Herzegovina, procedures implemented by the
Ombudsman in this regard, and conducted a comprehensive survey of the conduct of public
authorities at the level of Bosnia and Herzegovina and Herzegovina, entities, cantons,
municipalities, and towns.
Recommendations were issued to the competent public authorities to ensure the following:
unconditional implementation of international standards regarding the right of access to
information and provisions of positive legislation on freedom of access to information; proactive
publication of information of public importance and maximal transparency in work; professional
training and continuous training of information officers; development of information access guides
and index of information registers; appointment of information officers, in terms of the provisions
of the Law on Free Access to Information in Bosnia and Herzegovina; regular submission of
statistical data within the meaning of the provisions of the Law on Free Access to Information in
Bosnia and Herzegovina.
Implementation of these recommendation should result in unconditional adherence to the
international standards in the area of free access to information, and the establishment of an
effective legislative and institutional system for the exercise and protection of the right to free
access to information.
4.2. Property relations
The right to property is guaranteed by Article 1 of Protocol 1 to the European Convention on
Human Rights. 38 In Bosnia and Herzegovina this right is guaranteed by the Constitution of Bosnia
and Herzegovina 39, the Constitution of Republika Srpska 40, the Constitution of the Federation of
Bosnia and Herzegovina 41 and the Statute of Brčko District of Bosnia and Herzegovina 42.
In a case Sporrong and Lönnroth v. Sweden 43 the European Court of Human Rights held that
Article 1 comprises three distinct rules: the first rule is general and enunciates the principle of the
peaceful enjoyment of property; the second rule covers deprivation of possessions and subjects it
to certain conditions; the third rule, recognizes that the Contracting States are entitled, amongst
other things, to control the use of property in accordance with the general interest The second and
third are concerned with particular instances of interference with the right to peaceful enjoyment
38
„Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of
his possessions except in the public interest and subject to the conditions provided for by law and by the general
principles of international law.”
39
Article II 3. k)
40
Article 54
41
Chapter II Article 2 paragraph 1. k)
42
Article 13 paragraph 5
43
Sporrong and Lönnroth v. Sweden (23 September 1982) Series A No. 52
24
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