ARTICLE 19 and three other media organisations have issued an open letter to the President of Macedonia regarding the government’s recent draft law on Access to Information. The letter draws attention to the many gaps in the legislation, and calls for an immediate redrafting of the law. ARTICLE 19 reports (26-JAN-06).

Citizens are being denied their fundamental right to have free and open access to information under the current version, which falls well below expectations of those monitoring free expression and freedom of information in the region. The law also fails to protect whistleblowers, making the process of reporting misconduct in official arenas, and even complaining about difficulties regarding gaining access to information, a perilous activity.

The letter, signed by ARTICLE 19, Foundation Open Society Institute Macedonia, Transparency International, and NGO Pro Media, voiced concerns over the country’s failure to take genuine steps towards adopting a FOI law, despite working with local and international experts on the issue for a period of more than two years. Article 16 of the Macedonian Constitution guarantees the right of access to publicly held records, but the severe delay in the implementation of appropriate legislation has seriously interfered with citizens’ ability to exercise this vital constitutional right.

The letter also states that the law must be consistent with international and European standards on access to information, adding that the most recent draft submitted to Parliament falls substantially short of these standards and actually constitutes a step backwards when compared with earlier drafts.

Furthermore, the organisations appeal to Macedonia’s government to ensure that the right to access to information shoud not be limited by other laws. They stress the importance of implementing an information commission, which would be given the power to assess cases where access to information has been denied. Earlier drafts of the law did include this provision, but the current version omits it.

Freedom of Information laws are a crucial part of an effective democratic society, and research conducted by ARTICLE 19 stresses the vital role played by an independent administrative complaints commission. Currently, the process of lodging a complaint in Macedonia is severely impeded by lengthy and expensive court procedures. Furthermore, the ‘harm test’ should be employed, whereby access is granted unless the information in question jeapordises national security. But the current draft does not make this distinction.