Article 19 welcomes the new law, adopted by a large parliamentary majority on 13 January, and will continue to check that it is properly implemented to improve transparency and the free flow of information in the country.

Result of a campaign?
“We are delighted that after a sustained campaign Ukraine has adopted a law to realise the people’s right to information. Once properly implemented, the Access to Information Law will increase transparency, good governance, efficiency and participation in public affairs,” says Dr Agnès Callamard, Article 19 Executive Director.

Dunja Mijatovic, representative on freedom of the media of the Organisation for Security and Cooperation in Europe (OSCE) welcomed on 17 january the adoption of access-to-information law in Ukraine and urged further reform.

“The new law contains several progressive provisions supported by Article 19, including a broad definition of public information, and a legal responsibility of holders of information who fail to publish,” Callamard continued.

The new law also requires public bodies to promote open government and publish certain types of information without any individual request. The regime of limitations adequately limits non-disclosure only to situations in which the revelation of such information risks more harm than benefit to the public. Disclosure of information on wrongdoings or information concerning a serious threat to people’s health and safety or to the environment are protected too.

The law will go into effect after being signed by the President Yanukovych who has already expressed his intention to give assent.

Article 19 campaigned with International Media Support (IMS) and the Media Law Institute for the adoption an access to information law. We will continue to work for its implementation.

Background
The Ukrainian Parliament removed the law from its agenda on 1 November 2010 after previously abruptly postponing the vote.

Several international organisations, including OSCE and Council of Europe, have recently pressed for Ukraine to move forward with the adoption of the Access to Public Information Law.

Before the Ukrainian parliament has adopted the new law, Ukraine had a 1992 law, which was described by international bodies as “confusing” and having overly broad exemptions.

On 5 October 2010, the Parliamentary Assembly of the Council of Europe (PACE) called on the Ukrainian parliament to adopt the Law on Access to Public Information as part of its legal reform agenda, specifically with regards to the fight against corruption, in its resolution on „The functioning of democratic institutions in Ukraine”. Mjatovic urged MPs and the Ukrainian government to enact the law during her visit to Kyiv on 13 October 2010.

The President of Ukraine, Viktor Yanukovych, left, has promised to prioritise the adoption of the legislation and take into account the recommendations of the PACE.

Contacts
For more information please contact: Boyko Boev, Legal Officer, at boyko@article19.org or at +44 20 7324 2500.

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