Kosovo
is a province of Serbia under the administration of the
United Nations Interim Administration Mission in Kosovo
(UNMIK). Negotiations have begun on its final status, which
is likely to eventually be as an independent state. The
Assembly of Kosovo approved the Law
on Access to Official Documents on 16 October 2003.(1)
It was approved by UNMIK with two changes on exemptions
on 6 November 2003.(2)
Kosovo:
Basic Facts
•
Total population (millions), estimate 2003:
2 - 2.2
•
Population with sustainable access to an public
water source (%), 2003: 75
Source:
United Nations Population Fund, Pristina, Kosovo
(March 2003)
The
law allows any "habitual resident" or person eligible
to be a resident of Kosovo or natural or legal persons in
Kosovo to have a right of access to documents held by any
Provisional Institution of Self-Government (PISG), municipality,
independent bodies set up under the Constitutional framework
or Kosovo Trust Agency. The institutions may also grant
the rights to non-residents. The request can be made in
written or electronic form. Institutions must respond in
fifteen working days.
There
are exemptions if disclosure would undermine: the public
interest in public security, defense and military matters,
international relations or the financial monetary or economic
policy of the PISG; the privacy and integrity of an individual;
commercial interests; court proceedings; or the purpose
of inspections, investigations or audits. The government
must draft a list of documents to be exempted. There are
also exemptions for internal documents prior to the decision
being made or if it would seriously undermine the decision-making
process. The exemptions may apply for a maximum of thirty
years. The body must consider if there is an overriding
public interest in disclosure including if there is a failure
to comply with legal obligations, existence of criminal
acts, abuse of authority or neglect, unauthorized use of
public funds or danger to the health or safety of the public.
One
of the two changes imposed by UNMIK gave it control over
access and classification of documents relating to security,
defense, and military matters, external relations and monetary
policy under the international control.
Appeals
of denial are first back to the body asking it to reconsider
and then can be made to a court or to the Ombudsperson Institution.(3)
Each
institution is required to create a register of documents,
if possible in electronic form. Each document should be
recorded in the register with a reference number, title
and description and date it was created or received. Institutions
are required to make documents available directly though
an electronic register, especially legislative documents
and those relating to the development of policy and strategy.
Each institution is also required to produce an annual report
on cases of denials with reasons and the number of sensitive
documents not recorded in the register.
Implementation
of the law has been limited. The Ombudsman described it
in July 2005 as "an example of a law which so far have,
to a considerable extent, existed only on paper." The
Ombudsman also reported in January 2005 that he had not
received a single complaint.(4) The OSCE
review of the law in January 2005 found that there were
numerous problems with implementation:
None
of the institutions it had interviewed had set up the
official register as required by the law;
The
government has not adopted the rules and regulations on
classification of sensitive documents;
The
Government has not drafted the list of documents on sensitive
documents;
The
Office of Prime Minister had not published the annual
report on implementation.(5)
The
Law on Access to Official Documents recognizes that there
should be a law on data protection that would allow individuals
access to their personal information held by public and
privacy bodies. However, it has not yet been adopted.
6
NOVEMBER 2003
Kosovo: Freedom of Information Law Approved The Kosovo NGO Advocacy Project (KNAP) reports
that a Freedom of Information Law has been approved by the
Assembly of Kosovo.
2.
United Nations Interim Administration Mission in Kosovo,
Regulation No. 2003/32 on the Promulgation of a Law Adopted
by the Assembly of Kosovo on Access to Official Documents,
6 November 2003.
4.
Marek Antoni Nowicki, The Great Bazaar, Transitions
Online, 14 January 2005.
5.
Organization for Security and Co-operation in Europe
Mission in Kosovo, Implementation of Kosovo Assembly Laws
by the Executive Branch of the Provisional Institutions
of Self-Government Review Period: Laws Promulgated in 2002-2003,
January 2005.
