Article
34 of the Constitution
provides for a right of access to information. It states:
(1)
Having access to any information of public interest is
everybody's right that may not be curtailed.
(2) According with their established level of competence,
public authorities shall ensure that citizens are correctly
informed both on public affairs and matters of personal
interest.
(3) The right of access to information may not prejudice
either the measures taken to protect citizens or national
security.
(4) The State and private media are obliged to ensure
that correct information reaches the public.
•
Undernourished people (% of total population),
2000/03: 11
•
Population with sustainable access to an improved
water source (%), 2002: 92
Source:
UN Development Program, Human Development Reports
Data
In
addition, Article 37 provides for a right to environmental,
health and consumer information: "(2) The State guarantees
every citizen the right of free access to truthful information
regarding the state of the natural environment, living and
working conditions, and the quality of food products and
household appliances."
The
Law
on Access to Information was approved by Parliament
in May 2000 and went into force in August 2000. Under the
law, citizens and residents of Moldova can demand information
from state institutions, organizations financed by the public
budget and individuals and legal entities that provide public
services and hold official information. The bodies must
respond within 15 working days.
Information
can be withheld to protect state secrets related to military,
economic, technical-scientific, foreign policy, intelligence,
counterintelligence and investigation activities if disclosure
would endanger the security of the state; confidential business
information submitted to public institutions under conditions
of confidentiality; personal data the disclosure of which
may be considered as intrusions into privacy; information
related to the investigative activity of corresponding bodies;
and information that represents the final or intermediary
results of scientific and technical research. Information
providers must prove that the restriction is authorized
by law, necessary in a democratic society for protection
of rights or legitimate interests of the person or national
security and that the damage to those interests would be
larger than the public interest in disclosing the information.
Appeals
about refusals, delays, fees and damages can be made to
the top management of the department that holds the information
or its superior body. If they are not satisfied, they can
appeal directly to the courts. There were 11 cases in 2003-2004.
The Supreme Court ruled in 2004 against a lawsuit for minutes
of the 2002 parliamentary session which had been labeled
"for official use only." Requestors can also appeal
to the Ombudsman.
The
Administrative and Criminal Codes were amended in 2001 to
allow for imposition of fines and penalties for violating
the Access Act.
Implementation
of the law has been problematic. The Freedom of Expression
and Access to Information Promotion Centre found in May
2003 that "the implementation of the Law on Access
to Information remains extremely tedious, despite efforts
made by non-governmental organizations to hasten the process.
Rule of law education and enforcement as well as general
education about freedom of information are necessary next
steps." A review in 2004 by three NGOs found that the
bodies were not following the legal requirements. Central
bodies and law enforcement bodies were the most closed and
local bodies were the most open. Other problems included
a failure to respond to requests at all and non-execution
of judicial decisions.
The
government drafted a bill to create a new Law
on Information in 2005. The bill would have substantially
reduced access rights by replacing the existing law for
a Soviet-style information law. It was strongly opposed
by NGOs and international organizations. The Parliament
removed the bill from consideration.
The
Law
on State Secrets sets rules of classification of information
relating to the military, economic, science and technology,
foreign affairs and intelligence. It sets three levels of
classification for state secrets - "extreme importance",
"strict secret", and "secret" and created
an Inter-department Commission for State Secret Protection
to coordinate. A draft bill to replace the law was released
in 2005. The bill, which was developed by the intelligence
service, made few changes to the existing Act. The Criminal
Code prohibits the disclosure of state secrets by officials.
Punishment is a fine and up to five years imprisonment.
Moldova
signed the Aarhus Convention in June 1998 and ratified it
in August 1999. The Parliament approved in the first reading
an amendment to the Law on Access to include environmental
access in March 2003 but the law was rejected after objections
that it would reduce the level of access to information.
The 2003 report from the Information Access Center found
"national legislation ensures an efficient judicial
framework for the achievement and protection of the right
to access environmental information" but in December
2004, journalists said that they had serious problems obtaining
environmental information.
The
Law on Archival Fund sets rules on the retention of documents
and their access. Personal information can be kept secret
for 75 years.
"The
law provides for free access to official information;
however, there were several cases when authorities
denied access to public information. During the
summer, the Supreme Court rejected a complaint
filed by the opposition-leaning independent newspaper
Timpul against the Parliament for refusing to
provide access to transcripts of several 2002
Parliament sessions. The Court ruled that Timpul
had no right to the transcripts, quoting an internal
regulation of the Parliament. Timpul contested
the decision, and the case was ongoing at year's
end."
1)
Voice and Accountability: -0.47
2) Political Instability and Violence: -0.62
3) Government Effectiveness: -0.73
4) Regulatory Burden: -0.49
5) Rule of Law: -0.65
6) Control of Corruption: -0.86
