Article
25(5) of the Constitution
states: "The citizen shall have the right to receive,
according to the procedure established by law, any information
concerning him that is held by State institutions."(1)
•
Combined gross enrolment ratio for primary,
secondary and tertiary schools, 2002/03: 94.0
•
GDP per capita (PPP US$) (HDI), 2003: 11,702
•
Total population (millions), 2003: 3
•
Total fertility rate (births per woman), 2000-05:
1.3
•
Under-five mortality rate (per 1,000 live births),
2003: 11
•
Net primary enrolment ratio (%), 2002/03: 91
•
HIV prevalence (% ages 15-49), 2003: 0.1 [<0.2]
•
Undernourished people (% of total population),
2000/03: N/A
•
Population with sustainable access to an improved
water source (%), 2002: N/A
Source:
UN Development Program, Human Development Reports
Data
The
Law
on the Provision of Information to the Public sets out
the general principle of freedom of information stating,
"Every individual shall have the right to obtain from
state and local authority institutions and agencies and
other budgetary institutions public information regarding
their activities, their official documents (copies), as
well as private information about himself."(2)
The
Law on the Right to Obtain Information from State and Local
Government Institutions was enacted in January 2000 and
substantially revised in November 2005 to implement the
EU Directive on the re-use and commercial exploitation of
public sector information (2003/98/EC).(3)
It allows citizens, residents and legal persons in Lithuania
or other EU and EEA countries to obtain information by state
and local government bodies and private bodies providing
public services. Requests must be in writing and include
the name and address of the individual asking for information.
Requests must be acted on within 20 days (up from 14 previously)
which can be extended another 20 days.
Information
that is a state, official, professional, commercial or bank
secret under another law cannot be disclosed. Also exempted
is other information protected by law and whose disclosure
would violate personal privacy, intellectual property rights,
or cause damage to interests of state security and defense,
foreign policy interests and criminal prosecution. Information
can also be withheld that is not related to government functions,
protected by intellectual property rights, held by national
television and radio, schools, libraries, museums, archives,
requiring a legal interest, or exchanged between administrations.
Appeals
can be made to an internal Appeals Dispute Commission and
then to an administrative court. The Seimas Ombudsman reviewed
73 cases in 2004 relating to the "provision of explanations,
other information or requested documents."
Public
bodies must also create an index of the information they
hold and publish information about functions, structure
and activities.
The
COE GRECO anti-corruption program found significant problems
with access to public access to records in 2002 and recommended
improvements.
The
GET was also concerned about the indications that it is
generally difficult for the public and the media to have
access to public documents, partly due to legal obstacles,
partly due to a discretionary application of the regulations
by public officials. In addition, information concerning
inappropriately influenced journalists and media should
be further scrutinised. The control of the authorities
exerted by the public opinion, to a large extent thanks
to media, is vital in a democratic society and plays a
significant role by revealing hidden corrupt practices.
However, for this control to be effective access to public
documents must be ensured. Therefore, the GET recommended
Lithuania to improve the transparency of public authorities
vis-a-vis media and the wider public, in particular, with
regard to access to public documents and information.(4)
The
Law
on State Secrets and Official Secrets sets rules on
the protection of classified information. It was enacted
in 1999 to implement NATO standards, replacing the 1995
Law
on State Secrets and Their Protection.(5)
It is overseen by the Commission for Secrets Protection
Co-ordination. The Constitutional Court in 1996 ruled that
several provisions of the 1995 act were unconstitutional.(6)
President Rolandas Paksas was impeached in April 2004 for
disclosing state secrets by revealing to a Russian citizen
that he was under surveillance by the Internal Security
Department.(7) He was later found innocent
by a court of the charge.
In
November 1999, Parliament enacted the Law
on Registering, Confession, Entry into Records and Protection
of Persons Who Have Admitted to Secret Collaboration with
Special Services of the Former USSR to vet public officials
who worked with the Soviet-era secret police.(8)
Those who refuse to admit ties with the secret police face
having information about their activities under the communist
regime made public. 1,500 had admitted their ties as of
January 2005 including recently a number of senior officials
such as Foreign Minister Antanas Valionis and State Security
Department Director General Arvydas Pocius. It is estimated
another 4,500 have not come forward. The European Court
of Human Rights ruled in July 2004 that two former KGB employees
had been discriminated against in their employment following
admitting their past ties.(9)
The
Law
on Archives requires that state institutions transfer
most documents after 15 years.(13) Secret
documents are to be kept for 30 years by the institution
and access is regulated by the Secrets Law.
Lithuania
signed the Aarhus Convention in June 1998 and ratified it
in 2002. Access to environmental information is based on
a 1999 order on public access to environmental information.(14)
8.
Law on Registering, Confession, Entry into Records and
Protection of Persons who Have Admitted to Secret Collaboration
with Special Services of the Former USSR. No. VIII-1436.
23 November 1999. As amended by 13 June 2000. No. VIII-1726.
http://www3.lrs.lt/cgi-bin/getfmt?c1=w&c2=123807
9.
Case of Sidabras and Diautas v. Lithuania. Applications
nos. 55480/00 and 59330/00.
14.
Government Resolution No 1175 On Approval of the Order
on Public Access to Environmental Information in the Republic
of Lithuania, adopted on 22 October 1999; Order of the Minister
of Environment No 273 On the Regulation on Possession of
Documentation, Provision of Information Under the Public
Requests and Visitor Service in the Ministry of Environment,
adopted on 4 July 2000.
"The
law provides for public access to government information;
however, during the year, the Parliament controllers
received numerous complaints regarding the failure
of prosecutors, the Ministry of Defense, and the
State Security Department employees to provide
information."
1)
Voice and Accountability: 0.97
2) Political Instability and Violence: 0.85
3) Government Effectiveness: 0.70
4) Regulatory Burden: 1.16
5) Rule of Law: 0.60
6) Control of Corruption: 0.36
