ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
after which the Service made its decision on the mentioned appeal in compliance with the
Ombudsman's recommendation.
In 2019 citizens complaining to the Ombudsman often indicated that requests for access to
information be formally granted, but in fact the requested information is not revealed or is
incomplete.
Example: The Ombudsman processed a complaint 35 in which dissatisfaction with the actions of
the Government of Republika Srpska in the complainant's request for information was expressed.
Namely, the complainant was formally granted the access, but genuinely she could neither use that
information nor she had any legal remedy available. In this case the Ombudsman issued its
recommendation 36. After this recommendation the complainant was granted access to information
in compliance with the Ombudsman's recommendation.
Ombudspersons emphasize that the cooperation of the competent authorities with the Institution
is necessary to improve the level of human rights implementation at all stages of the procedure,
especially the stage of implementation of the Ombudsman's recommendations. Implementation
of issued recommendations is crucial at all levels of government in all cases when the infringement
of human rights is established.
Example: In 2019 the Ombudsman processed a complaint 37 lodged by a complainants dissatisfied
with reaction of the Secretariat of the Parliamentary Assembly of Bosnia and Herzegovina Joint
Service to their request for information about the amount of the entertainment costs of an MP in
the Parliamentary Assembly of Bosnia and Herzegovina. The complainants were formally granted
the access, but their dissatisfaction related to the fact that they had to wait 28 days for the reply
from the Secretariat, and that the access to information was granted formally without the actual
information as requested. Ombudspersons issued their recommendation to the Secretariat asking
them to cancel their previous decision and issue a new one. This recommendation was fully
implemented.
4.1.4. Special report on experiences in implementation of the Law on Free Access to
Information in Bosnia and Herzegovina
Ombudspersons of Bosnia and Herzegovina, acting within the powers laid down in the Law on
Human Rights Ombudsman of Bosnia and Herzegovina and applicable legislation on free access
to information, in resolving complaints relating to the violations of the right to free access to
information and conducting their ex officio investigations, have noted some shortcomings in
positive legislation governing this issue, but also the difficulties and inconsistencies in its
implementation, both on the part of public authorities and natural and legal persons requesting
information.
Ž-SA-05-560/19 and Ž-SA-05-746/19
P-256/19
37
Ž-SA-05-651/19, P-185/19
35
36
23
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