Public Documents Closed to the Public

Although the law on access to public documents envisions that since drafting a document, public organs must establish the clause, whether it is public or confidential, it does not apply in practice.

For journalists and civil society, lack of classification and refusal to access public documents has created constant problems for realising research and analysis.

The Kosovo government says only two requests have yet to receive answers.

However, the journalists' community thinks the requirements for access are limited, due to the perception that they will not be answered.

Besim Krasniqi, journalist at “Koha Ditore”, says institutions have very low transparency rates, while very little is implemented the law for access to public documents.

This conclusion is based not only on my experience but also on the claims of many of the colleagues with whom we share the same profession. In addition, many local and international loan reports stress the same problem, including the report on Kosovo that the European Commission publishes annually. ”, cut out.

Moreover, even those requirements are unanswered.

“Gasers are insistent, in the sense of continuing public addressing the violation of this right that is guaranteed by the Constitution and by law. And, it's almost there that insist. This, because journalists don't have the luxury of following all the bureaucratic procedures the law envisions, until the realisation of the right to access a certain document. Few media are engaged in lawyers who can follow all the links of complaint, that is, address the problem with the ombudsman, and then in courts.”, Krasniqi points out.

The data shows that since Ramush Haradinaj's coming to power, the government led by him has received 53 requests for access to public documents, this small figure compared to the number of journalists who forward the government's work.

“From the total number of requests accepted after treatment, full access has been allowed to 36 requests, partial access received a request, 2 requests are being addressed, while a request is unanswered”, reportedly in response to Kosovo Government spokeswoman Donjet Gashi.

The monitoring of government work is conducted by dozens of journalists, while lack of access requests shows that journalists have found other ways to obtain documents they report.

“in the lack of realisation of this right, journalists then lose a lot of time to provide those data required by institutions. Journalists often use “to get to documents that institutions do not want to share with the public. And, normally, this takes time and a network of resources at the” institutions, says Besnik Krasniqi.

Infrastructure Ministry, most closed institution

For years, the Fol Movement has been monitoring public contracts and spending public money.

The organisation has repeatedly outlined problems of access to official documents to institutions.

“Based on the demands we have made, I can say that some are really correct and co-operative, while some institutions are far from improving the situation from the past years”, says Medjidie Demolli Nimani from the Fol organisation.

It cites concrete cases when the organisation has encountered denial of access to required documents.

For us as FOL, the obstacle to carrying out our work so far has been the Ministry of Infrastructure. This, for monitoring procurement procedures, we have many times sought access to various tender files, but we have been denied”, Demolli said.

In major contracts, the new highway towards Gjilan is expected to spend millions of Kosovo government.

The contract signed by the Ministry of Infrastructure, under the direction of Paul Lekaj, continues to be partially open.

Although the law on access to documents stipulates that document seekers choose access form, this contract has been granted to the Foll Movement, only in certain parts.

“The Ministry of Infrastructure, which initially rejected our request, following a complaint in the Ombudsman and having publicly shown that we were denied access to the tender file for construction of the Pristina highway- The White Tribes allowed us a partial approach, so they didn't give us all the required documents. Likewise, another request submitted to this ministry has not been responded to”, says Demollie Nimani.

The ombudsman has a role in overseeing the law on access to public documents.

After refusing or failing to respond by institutions, journalists and the public have the right to complain, at this institution.

Since the beginning of the year until now, 57 complaints of access to public documents have been addressed at this institution.

“From January 2018, to this day, 57 complaints have been accepted, 5 of them unacceptable”, says Arjola Caka from the ombudsman's Office.

Even this institution thinks that access to large contracts and projects is the main problem with access to public documents.

“From IAP findings, during the investigation of complaints filed for access to public documents, notes that difficulty realising access to public documents is mostly in public contracts for large projects”, the Caka says further.

Medjidie Demolli Nimani stresses that the state is interested in closing large contracts.

Public contracts in most cases that we've monitored, especially millions of contracts continue to remain closed”.

Cases of Success Only Through Courts

Kosovo institutions have been charged with court decisions that in some cases offer access to public documents.

The data shows that the Government of Kosovo has been obliged to create access to the savings bills of Prime Minister Hashim Thaci for the Balkan Network for Investigative Journalial Journalialism.

This organization after eight years has provided data that has been released during the summer.

The ombudsman has listed some of the stories of success where court hearings have been created, the BIRN's two indictments against the government for spending and KPK bills for disciplinary decisions, lawsuits and talk to the transport ministry for the Morine Merdar highway, GAP's indictment of the distribution contract and the Federation of Pensioners' Union of Labour Ministry indictment.

In January of this year, the GAP Institute had accepted the Constitutional Court Act in Pristina, which approves it as based on the GAP Institute's indictment for failing to access public documents.

The court has found that the Ministry of Economic Development and KEK have violated Article 41 of the Constitution and the law on access to public documents, when they have not allowed access to the ECDS privatisation assets and in bidding documents for the “New Kosovo plant.

The court has found that even unfinished documents are public documents in which access should be allowed, and it has considered the MZHE response unreasonable that the privatisation documents of public property enter the category of confidential documents.

In addition, the court finds KEK has also violated the law on access to public documents, when he has refused to answer demands for transparency with the argument that the law on access to public documents does not apply to public enterprises.

This act obliges the Ministry of Economic Development within 30 days to allow access to the privatised assets of KEDS and in tendering documents for the thermal power plant “New Kosovo”.

This act, which has come four and a half years after the indictment's preamble, which according to Berat Thaci of this organisation is delayed, considering that during this period, the privatisation process of KEDS assets has been completed and the asset list has been made public after privatisation.

“Ven is mentioned that four hydropower plants, whose sale has been kept secret by the public and the Kosovo Assembly, are included on the ECDS privatisation asset list.

Representatives of the GAP and KOSID Institute estimate that access to KED assets at the time the motion was filed would prevent damage to public interest. They regret that after all these facts, the prosecution has seen no reason to file charges for the ECDS privatisation process.