Montenegro Passes a Law on Free Access to Information

10 November 2005

After two years of hesitation and stalling, Montenegro Parliament adopted the Law on Free Access to Information. The Law needed absolute majority of the total number of seats in the Parliament, and was supported by 38 MPs, 13 voted against and one MP abstained from voting.

The opposition moved to make the Government�s proposal a Draft-Law that would be used to prepare a consensual, quality solution, which was rejected. The opposition submitted its own Drafts of this Law in April of this year.

The Law states that all domestic and foreign private persons and legal entities shall be entitled to access information, with certain restrictions.

�The adoption of this Law is a giant step forward towards the full implementation of the freedom of information as a basic human right. There is no such thing as a perfect text of a Law, but I believe that this draft is good enough to get our support. Only the implementation of the Law could bring to the surface its deficiencies�, said Vesna Kilibarda, Minister of Culture, and emphasized that the Law will promote public participation in public affairs and matters of public interest, and reduce the danger presented by corruption.

The greatest number of objections were related to the provisions regulated the restrictions to access to information. Article 9 of the Law provides that the access to information may be restricted if the disclosure could jeopardize national security, defence and international relations, public safety and security, commercial, economic private and public interests, privacy of the individuals, etc.

Montenegro is one of the last countries in the region of SEE that adopted a Law on Free Access to Information.