Reaction: The Ministry of Infrastructure violates the Law on Access to Public Documents
08/07/2014
GAP Institute expresses its concern on how the Ministry of Infrastructure (MI) tries to deceive the public that the contract between Kosovo Government and Bechtel&Enka is a transparent contract.
After GAP requested access to the contract of the highway between Prishtina – Hani i Elezi (Arben Xhaferi Highway), the Ministry responded that access to this contract will be granted on Tuesday, July 8, 2014 announcing that the contract is a public document and can be accessed by the public as well.
However, the way of how MI provided access to this document is in contrary to the Law no. 03/L-215 on Access to Public Documents. The Article 11, paragraph 1 of this Law, states that: “Where access to a document is granted, the applicant shall have the right to choose whether he or she will consult the original or a copy, or whether he or she will receive a copy of the document in any available form or format at his or her choice”. In contrary to the Law on Access to Public Documents, MI offered only to view the document, not allowing even to get a hard copy nor photographing the content of the document.
Today, at 9:00 am, as MI notified us by email, GAP representatives went to MI premises, to get a hard copy of the “Arben Xhaferi” Highway contract. MI had appointed two guardians to secure the copies of the contract, as well as to not allow us to take a copy or to take pictures of the contract’s content. They even did not give answers on why we were not allowed to take a copy with us for further analysis. Even after the presence of the Minister of MI, Mr. Fehmi Mujota, we were not allowed to obtain a copy of the contract outside the MI premises. The contract was in English language only and not in the official languages of Kosova.
In this way, MI pursues the practice of non-transparency, following the example of the Ministry of Transport which did not allow access either to the contract of Morine – Besi Highway (“Ibrahim Rugova” Highway).
Therefore, MI’s effort to appear more transparent this time is just a farce and nothing more.
GAP Institute opposes this practice of non – transparency in the spending of public money. In 2010, GAP has twice sent a request for access to “Ibrahim Rugova” Highway contract, but never received a response. The case of not allowing access to this contract is sent to the court, but which case has not yet been resolved.
GAP requires from MI to make public the signed contract of “Arben Xhaferi” highway, between Kosovo Government and Bechtel & Enka.
Pristina,
8, July 2014
