On 1 December, the Council of Europe Convention on Access to Official Documents (Tromsø Convention) entered into force. Owing to the tenth ratification of the Convention by the Verkhovna Rada of Ukraine on 20 May 2020 this international legal instrument, which determines the right of access to official documents, enters into force for 10 countries that have ratified it. In addition to Ukraine, it became obligatory for Sweden, Bosnia and Herzegovina, Estonia, Finland, Norway, Moldova, Croatia, Montenegro, Hungary and Lithuania.

On the occasion of this event, the Center for Democracy and the Rule of Law in cooperation with the Ministry of Culture and Information Policy of Ukraine and the Project "European Union and Council of Europe working together to support media freedom in Ukraine" organised a press conference.

Olena Lytvynenko, Acting Head of the Council of Europe Office in Ukraine, thanked the members of the Parliament for the ratification of the Convention and facilitating its launching as well as civil society organisations for carrying out information support to this process. “Ratification is an important message and statement in the international arena about Ukraine as an active state capable of developing and sharing valuable practices, as well as demonstrating Ukraine's desire to ensure the transparency of public authorities and to promote the transparency of public authorities in other countries. Until now, access to public information has been regulated in each state only at the national level, and at the international level there was no universal document that would oblige states not only to recognize the right of access to information, but also to take all necessary measures to ensure this right,” she said.

The Convention establishes a set of minimum standards for the proper and fair processing of requests for access to official documents, including the obligation of the state to provide access to an effective and independent mechanism for reviewing decisions in case of refusal to provide access. It stipulates that all official documents are public and may be restricted in access only to protect other rights and legitimate interests.

Taras Shevchenko, Deputy Minister of Culture and Information Policy of Ukraine, congratulated everyone on this important occasion and said: “This is a case when Ukraine has something to be proud of, when we do not only follow the recommendations, but have also leading positions on the European continent, because we provide the topic of access to information for other countries. Having ratified this document, Ukraine has launched a mechanism not only for itself, but first of all for Europe. It was not by accident, but a conscious action on the part of both government authorities and public organizations". He also noted that the implementation of the Convention and work at the international level, i.e. work in the Consultation of the Parties and in the Group of Specialists established by the Convention, remains a priority for the Ministry.

Tetyana Oleksiyuk, the Council of Europe consultant on access to public information, said: “The Convention is a consensus reached by experts on access to public information 10 years ago. Consensus is a living thing that is evolving and improving, because 10 years ago the standards were different. The entry into force of the Tromsø Convention is an excellent ground for re-considering our legislation”. She also mentioned that a number of webinars for judges had already been held with the support of the Project, aiming to familiarize judges with the provisions of the Convention and to reconsider which rules should be applied in the event of conflicts of national law and the provisions of the Convention. Tetyana Oleksiyuk also stressed on the important role of the working group on developing amendments to the legislation in the field of access to public information, in particular harmonization with the provisions of the Tromso Convention, established in the Verkhovna Rada Committee on Humanitarian and Information Policy.

Igor Rozkladai, Deputy Director of the Center for Democracy and the Rule of Law, summed up the press conference, noting that the entry into force of the Convention is only the first step, since we got a good opportunity to reconsider our legislation, taking into account recent changes.

On the occasion of the launch of the Convention, the Council of Europe Commissioner for Human Rights Dunja Mijatović issued an information note on access to public information. She admitted that the entry into force of the Convention was a long-awaited achievement in the area of ​​access to official documents, which was important for transparency, good governance and democracy. The Commissioner recalled the important role of requests for access to information, which are mainly used by NGOs and journalists who ask questions about the actions of officials. Without such requests, many human rights violations would never have become public. In her address, the Commissioner also lists good practices, including the existence of independent oversight bodies in the sphere of access to public information in Croatia, Serbia and Slovenia and some other countries, such as Information Commissioners responsible for monitoring and ensuring the compliance with the right of access to information.

Also, the Commissioner believes that the launch of a monitoring mechanism under the Convention will create new opportunities to give a new impetus, a new life of access to public information in the regulatory and practical areas.

The text of the Commissioner's note is available at the link.

The project "European Union and Council of Europe working together to support media freedom in Ukraine" contributes to improving access to public information and the coherent implementation of the Tromso Convention.