The Council of Europe Convention on Access to Official Documents was adopted by the Committee of Ministers on November 27, 2008 at the 1042bis meeting of the Ministers’ Deputies and opened for signature on June 18, 2009 at the Council of Europe Conference of Ministers of Justice in Tromsø, Norway. Bulgaria did not sign the Convention.
The Access to Public Information Act (APIA) came into effect in July 2000 and has been amended several times. The APIA amendments as of December 5, 2008 brought the Bulgarian law into compliance with the standards set forth by the Convention with regard to: the necessity for balancing public interest and protected rights and interests in disclosing information; the obligation for provision of partial access to information; the obligation for proactive disclosure of information online; the extension of the scope of obliged bodies to the regional offices of public authorities; the trainings for public officials.
Why Raising Awareness Campaign?
Based on the accumulated experience in advocacy for higher standards in the access to information area and for their application in Bulgarian legislation and implementation practices, Access to Information Programme (AIP) considered that continuous efforts for raising awareness on the right of access to information are necessary. Knowledge of the standards contributes to the effective implementation and the informed exercise of the right to information.
What does open and transparent government as an element of good governance mean? What does overriding public interest mean and who shall be responsible for making the balance between competing interests? These questions arise from public debate, from AIP accumulated experience in providing legal help in specific cases, and from litigation.
To launch the campaign, a comparative analysis on the consistency of Bulgarian legislation and the Convention was necessary. The team of AIP not only made an unofficial translation of the Convention and the Explanatory Report, but also prepared the comparative analysis on the consistency.
The Campaign
26 public discussions in the regional cities of Bulgaria were held. 1,137 participants from 60 municipalities took part. Among them – 10 Mayors, 4 Regional Governors, 165 representatives of the administration, 21 municipal councilors, representatives of regional offices of state authorities, judges and lawyers, local ombudsmen, journalists, headmasters, librarians, citizens, 51 civil society organizations and students. Those public discussions were covered by 190 materials in the press and online media. Two leaflets were printed within the framework of the project.
Expressed Will for the Ratification of the Convention
On July 26, 2010, Access to Information Programme organized and held a one-day conference under the auspices of the Chairperson of the National Assembly, Ms. Tsetska Tsatcheva.
The purpose of the conference was to outline the results achieved for the ten years of APIA implementation and to put forth the question about the political intention with regard to Bulgaria’s accession to the Council of Europe Convention on Access to Official Documents. Representatives of the legislative and executive power expressed government will to ratify the Convention.
Project goals were completely achieved: Higher number of officials and people exercising their right of access to information are aware of the standards set forth by the Convention and of the APIA amendments with regard to the implementation of the law. The law provides for the opportunity for citizens to form their own opinion about the government, to take part in the decision making process with regard to public matters, to be informed and control government activities. The law provides for the obligation that government is respectable, open, accountable and efficient.
We hope that the raising awareness campaign will contribute to the faster ratification of the Council of Europe Convention on Access to Official Documents.
Contact information
Gergana Jouleva, PhD, Executive Director of AIP
76 Vasil Levski Blvd., floor 3, apt. 3,
1000 Sofia, Bulgaria
Tel./Fax: ++359 2 988 5062, ++359 2 981 9791, ++359 2 986 7709
Cell Phone: +359 887 21 81 60
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