COMPREHENSIVE REPORT ON THE IMPLEMENTATION OF THE RIGHT TO ACCESS PUBLIC DOCUMENTS BY PUBLIC INSTITUTIONS

Transcription

1 Republika e Kosovës Republika Kosova-Republic of Kosovo Qeveria Vlada-Government Zyra e Kryeministrit Ured Premijera Office of the Prime Minister Zyra për Komunikim Publik/ Ured za Javno Komuniciranje/ Public Communication Office COMPREHENSIVE REPORT ON THE IMPLEMENTATION OF THE RIGHT TO ACCESS PUBLIC DOCUMENTS BY PUBLIC INSTITUTIONS PRISTINA 2013

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3 CONTENTS: 1. INTRODUCTION YOUR RIGHTS WORK DONE CENTRAL INSTITUTIONS ANALYSIS OF REQUESTS GOVERNMENT ANALYSIS OF REQUESTS INDEPENDENT AGENCIES ANALYSIS OF REQUESTS PUBLIC ENTERPRISES MUNICIPALITIES ANALYSIS OF REQUESTS RECOMMENDATIONS LIST OF OFFICIALS APPOINTED TO RECEIVE AND ADDRESS INITIAL REQUESTS FOR ACCESS TO PUBLIC DOCUMENTS...26 OFFICE OF PUBLIC COMMUNICIATIONS IN THE PRIME MINISTER'S OFFICE DRAFTERS OF THE REPORT, ALBULENA SYLAJ ZEQIRI, SENIOR OFFICIAL FOR INFORMATION AND MANAGING REQUESTS FOR ACCESS TO PUBLIC DOCUMENTS 3

4 INTRODUCTION COMPREHENSIVE REPORT ARIANIT BYTYÇI, DIRCTOR OF THE OFFICE OF PUBLIC COMMUNICATIONS IN THE PMO Dear readers A few years ago, Kosovo also became part of the great world democracies, by implementing the Law on to Public Documents, together with all other laws that enhance transparency. This is the second comprehensive report, regarding the implementation of the right to access public documents, which demonstrates the commitment of the Office I direct to the implementation of the Law on to Public Documents. But, I am aware that a journalist isn't very interested in knowing how many requests there were last year and how they were addressed. What you want to know is how you can receive a response to your requests. This is a challenge for which we are working hard to find a solution. Now that a system for the receipt and registration of access requests exists, it will be much easier to work on identifying what is necessary to make the response process faster. While we have a limited budget for this issue, we must work to find a better solution to achieve this goal. It is very important for the Office of Public Communications that we continue working together. So I ask with great sincerity for your assistance in improving further our transparency. 4

5 YOUR RIGHTS to public documents is regulated by these legal norms: 1. The Constitution of the Republic of Kosovo, Article 40 (Freedom of Expression) Article 41 The right to access public documents Article 42 (Freedom of the media) 2. The Law on to Public Documents, This can be found in Number 88 of the Official Gazette, published on In order to successfully implement the Law, the Government of the Republic of Kosovo approved: 1.Regulation No on the official registration of requests for access to public documents 2.Administrative Instruction No. 03/2011 on web sites of public institutions 3.Regulation No. 02/2012/MF on tariffs for access to public documents WORK DONE Implementing the Law on to Public Documents and the challenges deriving from the working process The Office of Public Communications in the Prime Minister's Office (PMO) has produced three monthly reports from institutions which have appointed an official on access to public documents. In contrast to 2011, the maintaining of records of requests for access to public documents has significantly improved. 5

6 Meetings have been held with responsible officials to progress with implementation of the law and to clarify various challenges deriving from the working process. The main challenges are: Reporting problems In 2012, the number of institutions founded by the Kosovo Assembly and which report on the realization of the right of access to public documents remain small. The majority of these institutions are not ready to report on their requests for access to public documents, as 1 set out by the Law. The Office of Public Communications made a request to the Kosovo Assembly on October 15, 2012, asking that the Assembly require independent agencies established by the Assembly and which report to the Kosovo Assembly, to present reports on the implementation of the Law on to Public Documents to the Communications Office of the PMO, indicating that this was to be a summary of data, and did not constitute any form of violation of the law on their establishment, or any threat to their institutional independence. Even so, we have still not received any response to this request. Decisions COMPREHENSIVE REPORT The main problem in this phase of implementing the law remains issuing a decision in writing regarding the permission or refusal of 2 access to a document requested. Different institutions have regulated this issue in various ways, but the Office of Public Communications suggests that an Approval Framework is approved and applied, which defines the person responsible for issuing decisions in writing permitting access. 1 Law on to Public Documents, Article 5, and Article 4, paragraph 4. 2 Law on to Public Documents, Article 7, paragraph 8 6

7 Lack of information campaign Since last year the requests were limited and mostly from journalists and non-governmental organizations, it is necessary to have a public information campaign. Such a campaign would assist in eventual clarification of who can make a request and how a request should be written. Last year, a training session was organized with representatives of civil society and journalists, but participation was limited. In this respect, there is still work to be done to improve cooperation with civil society and the media. Website link To encourage more requests and improve public knowledge of the Law, the Office of Public Communications in the PMO opened a special website which contains all the laws, regulations and instructions for members of the public regarding the right to access public documents. In addition, part of this site includes the contacts of officials appointed throughout institutions as the first point of contact for requests for access to public documents. Reports issued by the Office of Public Communications in the PMO will also be published on the website: 7

8 CENTRAL INSTITUTIONS COMPREHENSIVE REPORT Below are the tables that show requests for access to public documents made to the Presidency, Assembly and Constitutional Court. The first table includes data showing the total number of requests for access to public documents, as well as the number of requests permitted, refused or given limited access. No. NAME OF INSTITUTION 1 Presidency of the Republic of Kosovo 2 Assembly of the Republic of Kosovo Permitted refused limited Total Constitutional Court ANALYSIS OF REQUESTS Total number of requests Total number Permitted refused limited The tables below show the way in which responses were delivered. In 2012, these institutions sent all their responses within the legal deadline. But, the most requests came from journalists. Various documents, the status of cases and expenses were the key requests. Responses 8

9 Responses sent By legal deadline Requests reviewed comments 9

10 Profile of applicants individualts 13% Economik Operators 8% Civil society 34% Journalists 45% Documents requested 10

11 Government of the Republic of Kosovo Below are tables which display requests for access to public documents in the Prime Minister's Office and the ministries of the Government of the Republic of Kosovo. The first table displays the total number of requests made for access to public documents, as well as the number of requests permitted, refused or given limited access. The label, 'others' indicates requests for access to public documents which are addressed to other institutions, or where additional information was required to identify the document sought. No. NAME OF THE INSTITUTION 1 Office of the Prime Minister?Kosovo Statistics Agency?Kosovo State Archives Agency?Gender Equality Agency?AAIIC?Water Task Force Others Total permitted refused limited Ministry of Public Administration Kosovo Institute for Public Administration 3 Ministry of Local Government Administration 4 Ministry of Education, Science and Technology?Institute of History?Institute of Albanalogy?Institute of Pedagogy?Kosovo Academy of Accreditation?National Authority of Qualifications?Student Center?National and University Library of Kosovo 5 Ministry of Agriculture, Forestry and Rural Development?Kosovo Forestry Agency 6 Ministry of the 2 2 Diaspora 7 Ministry of Justice Ministry of the Kosovo Security Force

12 9 Ministry of Finance ?Kosovo Customs ?Kosovo Tax Administration 10 Ministry of European Integration 11 Ministry of Infrastructure 12 Ministry of Culture, Youth and Sport?Kosovo National Theater?Kosovo Gallery of Arts?National Ensemble of Song and Dance Shota?Kosovo Philharmonic?Cinematography Center of Kosovo?Kosovo Museum?Archaeological Institute of Kosovo?Regional Centers of Cultural Heritage 13 Ministry of Communities and Return Ministry of Environment and Spatial Planning 1 8 9?Kosovo Cadastral 7 Agency ?Kosovo Agency for Radiation Protection and Nuclear Safety 15 Ministry of Labor and 2 2 Social Welfare 16 Ministry of Internal Affairs 9 9?Kosovo Police ?Agency for Civil Registration 1 1?Kosovo Academy for Public Security?Emergency Management Agency?Kosovo Police Inspectorate?Kosovo Forensic Agency 17 Ministry of Foreign Affairs 18 Ministry of Health ?University Clinical Center of Kosovo 1 1?Regional Hospitals?National Institute for Public Health 19 Ministry of Trade and Industry

13 ?Agency for Business Registration?Agency for Investment Promotion?Agency for Support of Small and Mid Sized Enterprises?Kosovo Standardization Agency 20 Ministry of Economic Development ANALYSIS OF REQUESTS Total number permitted Number of requests received refused limited Other reasons The tables below show how responses were delivered. In 2012, 94 per cent of responses were sent within the deadline. Responses Type of response Hard Copy, 6% Electronic and copy, 4% Electronic, 89% 13

14 94% Responses sent 6% 0 By legal deadline Requests reviewed Comments In only 28 per cent of cases, refusals were made in writing, whereas 72 3 per cent were refused by not replying. Refusals In writing No response Most requests came from journalists. The budget, expenditure and statistics were their key requests. 3 Law on to Public Documents, Article 10 14

15 Profile of applicants Other International oraganization, embassies, political parties Students Individuals Budgetary organizations Civil Society Journalists Documents requested Budget, expenditure Decisions Draft laws Statistics Contracts Project Competitions Staff funds Other 15

16 INDEPENDENT AGENCIES COMPREHENSIVE REPORT The following tables show the total number of requests and how they were dealt with by independent agencies established by the Kosovo Assembly. In 2012, these are the only agencies which have submitted reports to the Office of Public Communications. Name of institution Others Total permitted refused limited Kosovar Privatization Agency Kosovo Academy of Sciences 4 4 and Arts Independent Oversight Board of Kosovo Civil Service Independent Media Commission 1 1 Office of the Auditor General Public Procurement Regulatory Commission Civil Aviation Authority 6 6 Kosovar Property Agency 1 1 ANALYSIS OF REQUESTS Number of requests received Total permitted refused limited Other reasons Responses Out of all requests received last year, responses were sent in 73 per cent of cases by , and 97 per cent were sent by the legal deadline. 16

17 Type of response Hard Copy 26% Electronic 73% Responses sent Requests reviewed 3% By legal deadline 97% Profile of applicants The most requests came from journalists, and the documents they sought were various decisions, and documents on the budget and expenditure. 17

18 Profile of applicants Journalists Civil society Budgetary organizations Individuals Companies Documents requested Other Auditing Reports Circulars Recordings Contracts Statistics Draft laws Decisions Budget, expenses 18

19 PUBLIC ENTERPRISES Below is a table that shows the total number of requests for access to public documents, in public enterprises. This report was done by the Ministry of Economic Development. No. NAME OF INSTITUTION permitted refused limited Total 1 Kosovo Energy Corporation 2 Transmission System and Market Operator, KOSTT 3 International Airport 1 1 Adem Jashari 4 Kosovo Post and 2 2 Telecommunications 5 Infrakos 6 Trainkos Kosovo Post 8 Water Company Drini i 1 1 Bardhë J.S.C. 9 HPE Ibër lepec 10 Water Company Radoniqi Dukagjini J.S.C 11 Kosovo Landfill Management Company 12 Regional Water Company Prishtina J.S.C, Prishtina 13 Regional Water Company Hydrodrini J.S.C, Peja 14 Regional Water Company Hydroregion South J.S.C, Prizren 15 Regional Water Company Mitrovica J.S.C, Mitrovica 16 Regional Water Company Hydromorava J.S.C, Gjilan 17 Regional Water Company Radoniqi J.S.C, Gjakova Number of requests received Total permitted 8 8 refused limited Other reasons 19

20 MUNICIPALITIES COMPREHENSIVE REPORT The following table shows the number of requests and implementation of the right to access public documents in municipalities. The report was produced by the Division for the Monitoring of 4 Municipalities in the Ministry of Local Government Administration. No. Municipalities permitted refused limited Other reasons Total 1 Gjilan Kaçanik Peja Ferizaj Partesh Prizren Prishtina Deçan Lipjan Istog Kamenica Klina Skënderaj Malisheva Podujeva Shtime Graçanica Fushë Kosova Gjakova Gllogoc Novobërda Mitrovica Regulation No. 04/2012 on official evidence of requests for access to public documents, Article 5, paragraph 7 20

21 23 Obilic Rahovec Suhareka Viti Vushtrri Mamusha Junik 3 Hani i Elezit Kllokot 32 Ranillug 33 Dragash 34 Shterpce 35 Zvecan 36 Leposavic 37 Zubin Potok ANALYSIS OF REQUESTS Number of requests received Total refused limited Other reasons permitted Responses In 58 per cent of cases, responses were sent by , and 98 per cent of cases were sent by the legal deadline. 21

22 Type of response Hard Copy 30% Other 12% Electronic and copy 10% Electronic 58% Responses sent Requests reviewed 2% By legar deadline 98% In 52 per cent of cases, refusals were made in writing and in 48 per 5 cent of cases refusals were made by not sending a response. 5 Law on to Public Documents, Article 10 22

23 Rejections No response 48% In writing 52% Profile of applicants The majority of requests in municipalities came from civil society and the main documents requested were for budgets and expenditure. Profile Other 1% Students 3% Political parties 19% Individuals 15% Budgetary organizations 1% Civil society 44% Journalists 17% 23

24 24 COMPREHENSIVE REPORT

25 Recommendations The Kosovo Assembly should ask institutions that report to the Assembly, and which have still not fulfilled and put into operation the requirements deriving from the Law on to Public Documents: To act according to Article 20 of the Law on to Public Documents According to Article 5 of the Law on to Public Documents to appoint an official or unit to receive and examine initial requests for access to public documents. To send the name, position, address and telephone number of this official to the Office of Public Communications in the Prime Minister's Office To ask the Independent Agencies established by the Assembly and which report to the Kosovo Assembly to present reports on the implementation of the Law on to Public Documents to the Communications Office in the PMO, indicating that this is a summary of information and does not constitute any violation of their founding laws or threat to their institutional independence. -The Office of Public Communications in the PMO suggests the approval and implementation of an Approval Framework, in the form of an Administrative Instruction, which must set out: The official who must respond after receiving a request for access to public documents, regarding whether the information should be released or not, and to issue a decision in writing permitting access Determining appropriate interpretations in cases of refusal or partial access 25

26 List of officials responsible for access to public documents Central institutions No. Name and Institution address surname 1. Florent Office of the Rrahmani President 2. Musli Krasniqi Kosovo Assembly 3. Albulena Sylaj- Office of the Prime Zeqiri Minister 4. Faik Hoti Ministry of Health 5. Valdete Tahiri Ministry of Environment and Spatial Planning 6. Astrit Kolaj Ministry of Justice 7. Muhamet Gubetini Ministry of Agriculture, Forestry and Rural Development 8. Diana Krasniqi Ministry of Economic Development 9. Behar Haziraj Ministry of Internal Affairs 10. Saranda Jusufi Ministry of Infrastructure 11. Osman D. Gashi Ministry of Culture, Youth and Sport 12. Lumnije Demi Ministry of Local Government Administration 13. Jelena Popovic Ministry of Communities and Return 14. Haki Leci Ministry of Public Administration 15. Shpresa Ministry of Kokollari Berisha Education, Science and Technology 16. Bajram Shala Ministry of Trade and Industry

27 1. Jehona Bunjaku- Ministry of Labor Arifi and Social Welfare 2. Shpetim Hajzeraj Ministry of Finance 3. Ragip Sylaj Ministry of Foreign Affairs 4. Gëzim Dushi Ministry of European Integration 5. Sejdi Elezi Ministry of the Security Force 6. Xhevdet Pozhari Ministry of the Diaspora Municipalities No. Name and Institution address surname 1. Ibish Gërvalla Deçan 2. Dragash 3. Afrim Matoshi Ferizaj 4. Lendita Fushë Kosova Tërmkolli 5. Kastriot Gjakova Shehdadi 6. Muhamet Gjilan Pajaziti 7. Ibrahim Hajdari Drenas 8. Gjevahire Istog Ibrahimaj 9. Hetem Krasniqi Kaçanik 10. Sylejman Morina Kamenica 11. Rrahman Jakupi Shtime 12. Hamit Geci Skënderaj 13. Haxhi Mamaj- Theranda 14. Mustafë Viti Mehmeti 15. Bahri Bivolaku Vushtrri 16. Mamusha 17. Muhamet Gacaferri Junik 27

28 1. Bashkim Sopa Hani i Elezit Bashkim.sopa@ks-gov.net 2. Mustaf Emini Kllokot mustafemini1@gmail.com 3. Ranillug 4. Nebojsa Graçanica nebojsam038@gmail.com Milanovic 5. Bozhidar Periç Partesh 6. Samije Gjerjgjaj Klina Samije.gjergjaj@ks-gov.net 7. Hasan Luma Lipjan Hasan_luma@hotmail.com 8. Afërdita Duraku Malisheva aferdita.duraku@rks-gov.net 9. Merita Mehmeti Novobërda meritamehmeti@live.com 10. Hysni Syla Mitrovica hysnisyla@yahoo.com 11. Mehmet Ismaili Obiliq mehmetismaili@gmail.com 12. Arianit Demaj Peja arianit.demaj@rks-gov.net 13. Ilmie Durmishi Podujeva Ilmie.durmishi@rks-gov.net 14. Burbuqe Thaçi Prishtina Burbuqe.thaci@rks-gov.net 15. Valdete Shpendi Prizren v.shpendi@hotmail.com 16. Qemaj Krasniqi Rahovec Qemajl.krasniqi@rks-gov.net Agency No. Name and Institution address surname 1. Qëndresa Mulaj Office of the Auditor Qendresa.mulaj@oagks.org General 2. Denis Pitarka Kosovo Cadastral denis.pitarka@ks-gov.net Agency 3. Fikrete Çoçaj Independent Media Fikrete.cocaj@kpm-ks.org Commission 4. Gjejrane Gashi Independent GJejrane.Gashi@rks-gov.net Oversight Board 5. Havë Ademi Kosovo Tax Hava.Ademi@atk-ks.org Administration 6. Adriatik Kosovo Customs Adriatik.Stavileci@dogana-ks.org Stavileci 7. Brahim Sadriu Kosovo Police brahim.sadriu@kosovopolice.com zimp@kosovopolice.com 8. Safete Selmani Statistical Office of Kosovo 9. Majlinda Sinani Ombudsman Lulaj Institution safete.selmani@rks-gov.net mlulaj@ombudspersonkosovo.org 28

29 1. Pranvera Krasniqi Public Procurement Regulatory Commission -gov.net 2. Fahri Restelica Agency for Gender Equality 3. Arta Gosalci Kosovar Privatization Agency 4. Taulant Veseli Kosovo Academy of Sciences and Arts 5. Arian Krasniqi Kosovar Property Agency 6. Nazim Berbatovci Constitutional Court 7. Fitore Jusufi Agency for the Protection of Personal Data 8. Teuta Kuqi Kosovo Institute for Public Administration 9. Arianit Dobroshi Civil Aviation Authority 29

30 30 COMPREHENSIVE REPORT