The Commissioner for Information of Public Importance addressed the following letter to the Constitutional Issues Committee of the National Assembly of Serbia:

“I address this letter to you because I believe it is my obligation to point to your attention certain issues related to the need to implement adequate and sound constitutional guarantees that would reinforce the right of free access to information of public importance.   

The importance of this type of constitutional guarantees for a modern country cannot be overemphasized. Unfortunately, due to the specific circumstances, the present Constitution of the Republic of Serbia contains no guarantees for this right. During the period in which Serbia was a member of the State Union of Serbia and Montenegro, the provisions of the so-called “Small Charter”, i.e. the Charter of Human and Minority Rights, could have provided sufficient constitutional guarantees for the right of free access to information within the overall constitutional framework of the Union, including Serbia. However, following the dissolution of the State Union, the value of the constitutional guarantees provided for in its acts, which had been relative even at the best of times, has now been reduced to minimum.

Undoubtedly, Serbia should have constitutional guarantees that would provide for free access to public information. In light of the fact that the new Constitution is currently being drafted, the need to articulate sound guarantees under the constitutional law becomes imperative.

According to the news and announcements from the National Assembly, the Constitution drafting activities have recently been intensified and the central current issue is harmonization of the two Draft Constitutions: one produced by the Government of Serbia and one drawn up by a group of experts, on request from the President of the Republic.

Given the current situation, it is imperative for us to place maximum efforts to enhance the existing level of human rights wherever possible, while in any case maintaining the improvements already made. The same of course applies to the right of free access to information. In this context, I feel I must point to your attention the fact that certain provisions that have been or will be harmonized by your Committee are incompliant with the above requirements.

In particular, I am referring to Article 49 of the Draft Constitution presented by the Government of Serbia. Both paragraphs of this Article provide for what is referred to as “the right to be informed”. The content of these provisions leads to the conclusion that this right is closely related to the right of free access to information; however, the scope of the right guaranteed by this Article quite obviously fails to meet the minimum standards set out in the Serbian Law on Free Access to Information of Public Importance and in the Recommendation R(2002)2 of the CoE Council of Ministers.

The arrangements included in the new Constitution should aim to improve the existing level of human rights and to comply with the relevant international standards, because that would be in the best interest of further democratization of our country. It is my firm belief that you share my views and are able to give a vital contribution to ensuring the compliance of the future constitutional provisions. By addressing this letter to you, I am hoping to assist you in doing so as far as the right of free access to public information is concerned.”