Draft law seriously threatens access to information

DATE POSTED : 27.11.2019

Expression

As previously reported on theĀ CIVICUS Monitor, access to information has been highlighted as aĀ consistent issue which hampers investigative journalism in Montenegro. In late OctoberĀ 2019, civil society actors raised concerns over proposed changes to theĀ Law on Free Access to Information which could undermine freedom of expression.Ā MANS, an anti-corruption NGO in Montenegro, andĀ Access Info Europe completed aĀ legal analysis of the proposals which foundĀ several problems with the wording of the draft proposal. These include:

    • Adding broad blanket exclusions on the right of freedom of information;
    • Allowing authorities the ability to reject what they define as ā€œunreasonableā€ requests;
    • Narrowing the right to cover only information that is of ā€œpublic importanceā€;
    • Including exceptions that are not permitted under international law;
    • Adding exceptions where the harm test will not be applied.

On 6th November 2019, five NGOs called on theĀ Ministry for Public Administration to revise the proposals to align with constitutional commitments, international conventions and the standards set by the European Court of Human Rights. In aĀ statement, the organisations said:Ā 

"The draft introduces systematic restrictions on access to information, new grounds for hiding information, abolishes existing citizens' rights and obligations of authorities, and does not resolve problems in practice that lead to multiple violations of rights and the absence of any responsibility. Almost all proposed amendments to the Act narrow the existing rights of citizens."

The CSOs called on Montenegrin authorities to immediately retract the changes and uphold numerous commitments to freedom of expression.Ā 

In a separate incident, Montenegro has witnessed a sharp increase in online attacks against the LGBTI community. The CSO,Ā LGBT Forum Progress noted that in the timeframe of 30 days in 2019, there were over 60 cases of hate speech and discrimination on the internet targeted at members of the LGBTI community. These mainly consisted of negative comments and threats of physical violence against LGBTI people and their allies. In a statement, the group said:Ā 

ā€œIt is with great regret that we have to state that the phenomenon of hate speech and discrimination on social networks and the Internet is not going away in Montenegro, and that the LGBTIQ community is regularly targeted by threats, humiliation and hatred in general by individuals in the virtual space."Ā 

The group highlighted that recent parliamentary discussions regarding same-sex marriage have created an environment of heightened aggression aimed at the community. As previously reported by theĀ CIVICUS Monitor, discussions around same-sex marriage in Montenegro have been ongoing since April 2018. Yet, in another recent study, The Centre for Civil Education, found thatĀ after 2 months of observation in 2019Ā that theĀ media reporting ofĀ LGBTI issues is dominantly positive and neutral. Onlookers have described this conclusion as indicative of a progressive stance in the media, which is yet to be accepted by conservative elements of Montenegrin society.Ā 

Peaceful Assembly

On 19th October 2019, several dozen people in the northern Montenegrin town of Bijelo Polje held a protest rally against plans to build a power plant on the Bistrica River. The environmental activists stated that the area is home to many rare species, and the project could permanently damage the delicate ecosystem. After the protest it was promised by the Government promisedĀ that the project would be cancelled. There were no reports of the protest being disrupted or unlawfully dispersed.

Civic Space Developments
Country
Montenegro
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Tags
access to info. law,  HRD threatened,  protest,  LGBTI,  environmental rights, 
Date Posted

27.11.2019

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