Proactive Disclosure of Public Information (MK0145)

Which public problem is addressed by the commitment? This commitment concerns the so-called active transparency of institutions, which means publishing information on own initiative, without being addressed with request for information. The commitment will allow fast, easy and continuous access to basic information on operation of state institutions for citizens, companies and all other interested groups. In spite of the fact that, starting in late 2019, the new Law on Free Access to Public Information mandates institutions to publish such information on their websites, only a small number of them have complied with this obligation. According to 2021 Index of Active Transparency developed by the Center for Civil Communications, on average, ministries and the government publish 79% of required information, while municipalities publish only 60%. Individual percentages calculated per institution range from 10% to 100%. The same research conducted among public enterprises shows they publish 41% of required information. It is estimated that other institutions (around 1,200 in total) that were not covered by the civil society monitoring efforts publish even less information, although their information are equally important for citizens. In the meantime, the government adopted several measures to encourage publication of such information, but only in respect to governmental institutions, municipalities and public enterprises in which it appears as founding entity. In its performance audit report on quality of services provided by LSGUs on their websites, the State Audit Office has found that: “current quality of services provided by LSGUs on their websites does not ensure effective and fast service delivery and does not guarantee same treatment, equal access and availability for all citizens”.

Main objective of the commitment This commitment implies enhanced efforts by the Agency for Protection of the Right to Free Access to Public Information aimed at improving active transparency of information holders. In 2016, before the start of enhanced efforts for active transparency of governmental institutions and municipalities, the average share of information published by these institutions accounted for 45%, while in the case of public enterprises, it accounted for only 28%. Having in mind the increase noted in respect to active transparency of these institutions after implementation of specific measures, improvements are expected with other institutions as well. Implementation of this commitment will increase availability of information that is important for people’s lives and work, and will reduce pressure for obtaining information by means of request for information. Adequate and timely access to information is precondition for effective participation of citizens in policy creation and for quality and timely delivery of services by state institutions.

How will the commitment contribute to addressing the public problem? It is believed that the obligation for institutions to provide annual reports on compliance with article 10 of the law, i.e. the scope of published information on their operation, will contribute to increased disclosure of such information and compliance with article 10; however, the law does not anticipate misdemeanour sanctions in the case of non-compliance with this legal obligation. Development and publication of reports on compliance with article 10 will allow citizens and civil society organizations better insights about the level of basic information published by institutions, thereby increasing pressure on institutions to publish more information. Otherwise, implementation of this commitment should result in institutions proactively publishing: 18 • information on regulations and decisions of authorities, thereby enabling the citizens’ right to be informed about their rights and responsibilities in the society; • information that citizens need to hold the authorities accountable; • information that citizens need to be able to participate in decision-making; and • information that citizens need to be able to access services provided by public institutions; Institutions that proactively publish information will also benefit from such practice: • active transparency helps institutions be more responsible in public spending; • by complying with this obligation, institutions promote the principles of good governance and integrity; and • institutions are more efficient in their operation on the account of better management of information at their disposal.

How is this commitment relevant to OGP values? COMMITMENT IS IMPORTANT FOR TRANSPARENCY because it provides access to new and more information, improves quality of information and improves public availability of information, i.e. facilitates the right to information. COMMITMENT IS IMPORTANT FOR CIVIL PARTICIPATION because it creates or improves opportunities and conditions for public participation and influence in decision-making, and creates or improves the enabling environment for civil society. COMMITMENT IS IMPORTANT FOR PUBLIC ACCOUNTABILITY because it creates and improves accountability rules, regulations and mechanisms for public officials.

Additional information Implementation of this commitment does not require additional budget funds because all activities planned are part of institutions’ regular operation, including the Agency for Protection of the Right to Free Access to Public Information (ASPI). The commitment is linked to the National Strategy for Prevention of Corruption and Conflict of Interests 2021-2025, Government of RNM’s Transparency Strategy, Government of RNM’s Anticorruption Plan, and recommendations put forward in the functional analysis for ASPI. Link to UN Sustainable Development Goals SDG16: Peace, Justice and Strong Institutions SDG target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements Measures anticipated under this commitment contribute to improved access to public information through more efficient implementation of laws and better information dissemination to citizens.

No. Milestone Indicators Activity holder Start date End date 1.2.1 Introduce obligation for all institutions - information holders, to provide information on Share of institutions (starting from 2021) that have submitted annual reports to ASPI with information on All information holders January 2022 continuous 19 compliance with Art.10 of the Law on Free Access to Information as part of their annual report submitted to ASPI compliance with Article 10 (target: 50%) (In 2020, among total of 1440 information holders, 1132 institutions submitted annual reports to ASPI, accounting for 79% of all institutions) 1.2.2 Introduce obligation for ASPI to publish summary information in its annual report on compliance with Art.10 of the Law on Free Access to Public Information based on reports received from information holders Number of institutions for which ASPI published information in its annual reports on compliance with Article 10 ASPI April 2022 continuous

Action Plan Review

Commitment 1.2: Proactive publication of information on institutions’ official websites

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest