“The right to information a fundamental human right”

- The National Conference arranged under the aegis

of the President of the Republic -

        The People’s Advocate Institution in cooperation with the Minister to the State at the Prime Minister Office and the Institute of Public and Legal Studies, under the aegis of the President of the Republic, arranged on 12 December 2002 the National Conference on the theme “The right to information a fundamental human right”

        “We arrange this Conference at the moment our government has applied for and is closer to a major target as it is the case with the signing of the Agreement of Association and Stabilisation with the European Union. It is natural that even the activity carried out by the People’s Advocate in Albania should be focused on establishing and safeguarding the high standards of good governance and administration of the state affairs” stated in his opening speech the People’s Advocate Mr. Ermir Dobjani, in presence of 200 participants and the President of the Republic Mr. Alfred Moisiu and other high authorities of the state.

        This important activity was arranged following a professional investment of the People’s Advocate Institution during more than 2 years in the field of the implementation of the law “On the right to information on the official documents” and the law  “On the protection of personal data”.

        The President of the Republic Mr. Alfred Moisiu delivered the greeting speech at this National Conference. Later the Minister to the State at the Prime Minister Office Mr. Blendi Klosi, the Mayor of Tirana Mr. Edi Rama and others delivered their speech focusing on the necessity of the public administration transparency towards the taxpayers, considering it not only a legal request but also, but also as a precondition for the prevention and fight against corruption aiming the enhance of the good governance in our country. 

        The Conference’ work was later arranged in three panels respectively: the panel of Central Administration, the panel of Non-Profit Organisation and the third panel of the Local Administration.

The plenary session ended by the Conclusions of the Conference following the discussions in three panels.

        See below the speech of the People’s Advocate Mr. Ermir Dobjani and the Conclusions of the national Conference on the theme:                                     

 “The right to information a fundamental human right”

The speech of Mr. Ermir Dobjani, the People’s Advocate,  

at the National Conference on the theme: 

“The right to information a fundamental human right”      

12 December 2002

Palace of Congresses Tirana

        Honourable Mr. President of the Republic, 

        Mr. Chairman of the Constitutional Court, the High Court,

        Honourable Ministers, Member of Parliament, Member of the

        Constitutional and the High Court, 

        Honourable representatives of the diplomatic missions

        Ladies and gentlemen from the local government bodies, the 

        civil society and the media.                   

        I thank you for your participation and the contribution you have given in organising this Conference. I have to say that this Conference is organised not only to fulfil the legal obligation to organise such activity once a year, or only for the fact that based in article 18 of the Law “On the Right to Information” the People’s Advocate is in charge of supervising the implementation of this Law.

        Considering that our Government has applied for and is closer to a major target, as is the case with the signing of the Agreement of Association and Stabilisation with the European Union, it is natural that even the activity carried out by the Albanian Administration and the People’s Advocate should be focused on establishing and safeguarding the high standards of good governance and administration of state affairs. This is one of the main reasons why we as organisers decided the subject of the National Conference of this year.

        The standards of good governance defined by the European Union for attainment shall be based on such principles as respecting freedom, democracy, rule of law, and human rights. The Charter of Human Rights for the European Union member states, adopted at the Nice Summit, December 2000, constitutes the first official text ever adopted in the world in the area of human rights protection, which officially sanctioned the right of good administration (article 41), the right of access to official documents (Article 42) as well as the presence of the Ombudsman Institution and the right to complain at his office (Article 43).

        In view of the fact that the people’s right to good governance is already considered as one of the human rights, in many countries, the principles of good administration have been explicitly collected in a Code of Administrative Procedures.

In the member states of the European Union, it is termed Code of Administrative Conduct (Ethics), whereas in Albania it has been termed Code of Administrative Procedures. In practice we do encounter not the proper implementation of the law. The complaints of the individuals, group of individuals or the Media are numerous about the lack of transparency in the activity of all the segments of the pyramid called the public administration of the state.

        Among the numerous reasons responsible for producing the embargo of information on the official documents, for the common citizen as well as for the journalists, that rightly are called “the public guards” the People’s Advocate has identified at list two of them: One is that,the responsible officials for providing information are not specifically educated and trained to manage with transparency their responsibilities in this democratic system. The second is related to their personal attitude that does not correspond to the spirit of laws. The paradox properly lays on the second reason. This is because in the “having coffee environment” you can hear such information that overcome the limits of the law on the protection of the personal data, or the limits of the information classified state secret, whereas in the institutions offices the employee hesitate to respect the right of information not only towards the journalists but also towards the citizen.

        Such deficiencies are normal for a country in transition, but not at the third year of the existence of the law on the right of information and the Code of Administrative Procedures.

        We are aware that the public services to the citizens are often monopolistic, in the sense that, in several instances the citizens have no other option but approach the administration to receive the service needed, for which the public authority is employed.

        In the programs of the three Prime Ministers successively: Meta, Majko, Nano, it is outlined the necessity of transparency in the public administration work. From the very start of his activity in 2000 the People’s Advocate has attached great importance to the implementation of the Law on the Right of Information, which serves the performance of the most transparent and open good governance to the public’s benefit.  Vested with the attributes of the caretaker for this law, the People’s Advocate has sent a recommendation to all the central and local administration bodies, thereby demanding the implementation of the law “On the right to Information”

        What we have requested to the public administration bodies is that every commune, municipality, ministry, or any other central or local organ to announce and promote without reserves the services offered to people.

        The most important element in the fight against corruption is transparency that makes clear every administrative and financial action in each office by each employee.

        The People’s Advocate has often demanded publicly and institutionally that such laws as the Code of Administrative procedures and the Information law are required to be the bible for the everyday work and activity of the Albanian Administration Any anticorruptive system can be conceived only based on implementing these two laws.

        Our commitment to enhance public services and our concern to efficiently carry into effect the Law on the right to information has been defined as our priority area for this year. The Code of Administrative Procedures and this Law are two significant laws mutually complementary, since they enable the citizen to become aware of the services expected from the administration. Likewise the latter should become aware of the fact that it is its responsibility to provide services, otherwise, failure to do so would be considered violation of laws.   

Ladies and Gentlemen:

        The transparency of the public administration activity gives the citizens the right to be closer and to also take part in the decision-making process, what improve and ensure support to the public institutions

        The civil servants should be aware that as a rule the files and other official documents should be made available  to anybody, provided that the right of the other party is not infringed and the state secret (so defined by written) is not revealed.

        The way things are functioning in democracy require from the citizens to be aware of the control exerted on the administration, in order to promote its efficiency and prevent the corruption. 

        Thanks to the vision suggestive of the fact that in democracy the sense of gravity for the human rights protection has shifted from the state to the citizen, even through resolving the simplest complaints, the Institution of the People’s Advocate intends to establish among the citizens the conviction and trust that the civil servant or public authority is already paid by the taxpayers to serve him that is the citizen. Viewed from this angle, equally urban and political, the social attitude and mentality of the Albanian citizen should be re-dimensioned and draw nearer that of the European citizen. The status of member states Albania aspires to join in the EU, stipulates that the Albanian administration and system of justice should provide and respect those standards of good administration. The awareness on this topic aimed by the National Conference will serve this process. It presupposes that the lawmaker (Parliament) as well as the Public Administration and the judiciary in performing their task and obligations should take into account, and if required implement not only the conventions, charters, and standards applicable by the Council of Europe but also those of the European Union.

        Discussing about these very important issues we shall draw some conclusions that we do hope will serve as a reference not only to the Central and Local Government but also to the civil society in defining what to be done to improve transparency in our activities.

        Being grateful for the contribution of everyone and for your attention. Now please allow me to give the floor to the President of the Republic.  

  CONCLUSIONS AND RECOMMENDATIONS OF THE NATIONAL CONFERENCE

“ The right to information a fundamental human right”

        At the end of the Conference, after looking into and considering all the speeches, discussions and proposals of the participants, we come up with these conclusions:

        1.Considering that our government and society are closer to a major target, as is the case with the signing of the Agreement of Association and Stabilisation with the European Union, it is natural that even the activity carried out by the People’s Advocate in Albania should be focused on establishing and safeguarding the high standards of good governance and administration of state affairs.

        The standards of good governance defined by the European Union for attainment, shall be based on such principles as respecting freedom, democracy, rule of law, and human rights. An inseparable part of those rights are also the right to good administration and the right to information and access to official documents.

        2. The initiative for arranging this Conference, in the framework of constitutional rights of the Albanian citizens, is an activity arranged at the proper moment and environment, in the aim not only to make known the rights of good governance and information, but also to make Media and civil society aware of these rights.

        3. The relation between the democracy and the human rights that it implies, such as the right of information is fundamental. This right is foreseen in the Constitution of the Republic of Albania as well as in the Law “ On the right of information”, which defines and establish the rules for well functioning and transparency of the public administration in its daily activity, towards the public, the Media and the Civil Society.

        Albania has adopted outstanding laws that if correctly applied, would guarantee the participation of the taxpayers in governance and total transparency of the public administration towards them. But it results that the application of these outstanding laws is not carried out in the right way.

        There are several complaints coming from individuals, group of individuals or the Media about the lack of transparency and the infringement of the administrative procedures in the daily activity of the segments of the pyramid called the public administration. It is natural that such lacks are very common for a state in transition, but as we are in the third year of application of the law on the right of information and the Code of Administrative Procedures, the situation is expected to improve.

        4. The Albanian state at all levels has the legal obligation to accept and treat seriously all citizens’ complaints. Most of the main institutions have neither established the functional offices, nor removed them, as they better prefer to hire spokesmen in lieu of specialists responsible for dealing with complaints. Still for existent offices, most of the complaints are formally handled, without any real concern to examine and solve the problems.

        5. Among the reasons causing difficulties while providing information to the common people or journalists we can identify the following:

        It results that the civil servants responsible to provide information on the official documents are not aware or trained to manage their responsibilities with transparency, in this democratic system of governance.  In the Job Descriptions of every employee there is no any word stating his/her obligation to provide information in appliance with the law.

        Their personal behaviour does not correspond to the spirit of law. It happens that in their private conversations you can have that information that infringes the Law on the protection of personal data, or the law on the information classified state secret. Meanwhile, in the institutions the civil servants hesitate to apply with the law on the right of information both towards the journalists and the common people whose interest are concerned.  

        6. In the Government programs it is pointed out the necessity of transparency while the public administration carry out its activity, contributing to a good governance transparency and openness towards the public. Various bodies and public administration authorities haven’t shown their willingness to follow these government instructions. In addition there are also lots of by-law acts yet published or known by the public.

        The Local public authorities haven’t included in their working method, the application of the Law on the right to information and the Code of the Administrative Procedures, which is also a very important law guaranteeing the Administration transparency.

        7. From the very start of his activity, The People’s Advocate has attached great importance to the implementation of the Law on the right of information. Vested with the attributes of caretaker for this law, the People’s Advocate has sent a recommendation to all the central and local administration bodies thereby demanding that the respective regulations should be adopted and announced in the notice boards, subsequent to implementing the Law on the right of information

        The People’s Advocate has often demanded publicly and institutionally that such laws as the Code of Administrative Procedures, and the Information Law are required to be the Bible for the everyday work and activity of the Albanian administration. Any anti-corruptive system can be conceived only based on implementing these two laws. 

        8. The transparency issue, the implementation of the Law on the right of information and the Code of administrative procedures, have been many times targets of our surveys, seminars and other activities of the civil society (some NGO-s). It ‘s worth complimenting and encouraging this activity.

        Based on the before mentioned conclusions in the Conference there were made the following recommendations:

        1. The process of approaching European Union is naturally associated with the practical commitment of the Albanian public administration towards the correct implementation of the European Union standards.  It presupposes that, the lawmaker (Parliament), as well as the public administration and the judiciary, in performing tasks and obligations, should take into account, and if required, implement not only the conventions, charters and standards applicable by Council of Europe, but also those of the European Union, which officially sanctioned the right to good administration and the right to access to official documents, as fundamental rights. Every unclear or non-transparent action in the discretion of the three powers constitutes corruptive rust in the administrative mechanisms in their relations with the citizen. The Laws and the normative acts should be defined considering mostly the opinion of the civil society and the relevant communities, especially the business community, which has some fundamental remarks concerning this topic and the arbitrary actions of the taxation and customs administration.

        2.All the public administration the local and the central one should consider as a priority the right of information and the Code of administrative procedures. These are very important laws that complement each other. On one hand, they allow the citizens to be aware of the services they expects from the administration, and on the other hand it makes the latter aware of its obligation.

        3. All the public administration bodies, every commune, municipality, ministry or any other local or central body, should announce and promote without any reserve the services they provide to the people. The regulations issued and the existing manuals should be study and based on the gained experience, in order to see not only their compatibility with the law, but to see also if they are implemented in practice. 

        4.The civil servants should be conscious that the files and the official documents could be made known to everybody, provided that the other people’s right are not infringed, or the information is not classified a state secret. The transparency is there to lighten each administrative or financial action undertaken by any office or official.

        5.All the public administration bodies should be closer to the citizens, and be part of the decision-making process, because this would ensure improvement and support to the public institutions. The interest of the citizen to participate in the decision-making process should be promoted. The democracy requires from the citizens to be aware of the control exerted on the administration, in order to promote its efficiency and prevent corruption.

        6. As stated by the President of the Republic Mr. Alfred Moisiu that the lawmaker and the government should consider reviewing the structures named “Office of complaints’ receiving” nearby each public institution, aiming at fundamental improvement of their activity. This could be attained through reforms in the actual system of receiving complaints from the citizen or through adoption of a new law.

        7. Transparency does not exclude the judiciary bodies and those of the free public services like the notary, therefore the control over the relevant laws, as well as the improvement of these fundamental laws, intends to better serve the people.

        8. Various International Community project’s including Albania by should be made more public and managed with transparency and efficiency by the public institutions or authorities, envisaging essential changes for the future.

        9. A particular importance should be attached to public information and the awareness on the administrative procedures used by the public administration. The NGO-s role is irreplaceable. Without the necessary law cognition, the pressure on the public administration about improving the good governance would be inefficient.

        10. It is the mission of the People’s Advocate to make administration as transparent as possible as required by the ecology of the democracy. Meanwhile, the People’s Advocate (Ombudsman) role shall not be simply restricted to protecting the citizens’ rights in confrontation with injustices and abuses of the public administration and civil servants. On account of several shortcomings which result from caring into effect the legislation applicable, the People’s Advocate could be more profoundly involved in his role of “the teacher evaluating the administration”, thereby both respecting the legitimate authorities and assisting in carrying out the priority state policies on the whole.

In this sense, in addition to protecting human rights, one of its principal targets is the development of what is called the culture of good governance. It implies good administration, openness transparency and accountability on the part of the public administration to the taxpayers paying the taxes to support it. The People’s Advocate through his recommendations tries to educate the Administration hence making it aware of the real role it has to play in relation to citizens that is focus on the factual reason of its existence, relatively the status of civil servants paid by the citizens, rather than that of stingy ownership of the citizens’ right .The Advocate should supervise the tariffs used by the state institutions while providing information, in order that prices are fixed within the limits defined by law. The People’s Advocate role as a guarantee of transparency should be strengthen, proposing concrete measures for prosecution of those civil servants infringing the laws.

                                         *         *         *

This Conference held under the aegis of the President of the Republic, participant together with other MP, Head of several Main Ministries, the head of the Judiciary and head of local government from all over the country, their speeches, discussions and suggestions on the topics treated in the Conference are a positive indicator and a premise for positive changes by the public administration.

According to the general opinion expressed in the participants’ greetings, speeches, and discussions, the Conference has reached its goal to enhance awareness and engagement of all the public administration authorities and bodies in implementing the right of information and the recommendations of this Conference.