Freedom of Information Projects

The concealment of great segment of publicly owned information is common in most post totalitarian and post communist states like Azerbaijan and raises enormous concern. The whole budget process, the judiciary acts, the activity of municipalities, even the records of the parliament mostly close for general public. According to new “Law on Obtaining of Information”, all public entities obliged to provide access to public records. They should site the great parts of such records in Internet. All public entities have to create the FOI divisions and in 7 days to exercise FOI requests. The basis legal frame for FOI is established. However, it is needed active advocacy campaign for secondary legislation, the test of this law. There are great needs for enlighten of journalists, NGO activists and others on their FOI rights, the duties of public bodies, the procedure of obtaining information, the ways of monitoring of the performance of this law in practice.

1. Sunshine Education Supported by National Endowment for Democracy (NED)

Project objective Best FOI practice through Education: Access to public information education of NGO activists, lawyers, journalists, possible FOI advocates. Education of using the law more effectively through trainings, “FOI Manual”. FOI Education is the part of MRI’s “Toward Sunshine” project that also includes FOI advocacy (advocacy for better secondary law, for best FOI practice), Sunshine networking, Legal assistance for FOI advocates and test of law and strategic FOI litigation, FOI Monitoring. Accomplishment of Education project will be helpful for the success of other FOI projects. Project activity 1. MRI will organize and provide the trainings for NGO activists, for local journalists, lawyers, local political and other civil society activists – prospective FOI advocates in 11 regions and towns of Azerbaijan. Why NGO representatives, journalists, lawyers and local political activists? FOI Education of journalists pursues two aims: Journalists needs of using FOI tools more than the other professions use. In addition, the journalists’ better knowledge of FOI problems will help them in covering FOI issues, to make more contribution to FOI advocacy. FOI Education of NGO representatives will help them to use that knowledge in getting information from public bodies and to generate ideas for FOI campaigns. Lawyers FOI Education will help them to get knowledge of new area of law. Those lawyers will be useful in legal assistance to FOI advocates. Local political activists also need to be trained. They are more active and have close relationship with local community. MRI will encourage the participants to be the member of Sunshine network, through which they will get a chance to get information about FOI issues, to contact with other FOI advocates, to ask questions about FOI matters. MRI will also encourage them to make FOI requests and help them to appeal. Why in regions? In regions the situation with access to public information is poorer than in Baku. And not ordinary people, even NGO representatives, local journalists, other civil society activists are less aware of their FOI rights. The local lawyers also need to be trained and instructed in FOI issues. MRI will develop training materials and tools. Curriculum of this training will include laws on access, defining of public records, “access for whom?”, “How to file FOI requests?”, “Which information might be interesting for NGOs, citizens in concrete region”, “How to appeal?”, FOI exemptions, the duty of public authorities to disseminate records through Internet, monitoring of Internet recourses of public authorities, the functions and rights of FOI Commissioner, how to cooperate with FOI Commissioner office, etc. In fact, the project staff will have the contact with all participants of trainings. Participants will test the learned information in practice. The project staff and lawyers-volunteers will help them if there arises any questions (such as, the filing of FOI requests, complaints to FOI Commissioner etc.).

2. Education of the law on obtaining of public information Supported by OSCE Baku office, Democratization program

FOI Education: FOI education of journalists, NGO activists, possible FOI advocates. Project activity 1. Trainings for NGO activists, for journalists. Why journalists and NGO representatives? FOI Education of journalists pursues two aims: Journalists needs of using FOI tools more than the other professions use. In addition, the journalists’ better knowledge of FOI problems will help them in covering FOI issues, to make more contribution to FOI advocacy. FOI Education of NGO representatives will help them to use that knowledge in getting information from public bodies and to generate ideas for FOI campaigns. Curriculum of this training will include laws on access, defining of public records, “access for whom?”, “How to file FOI requests?”, “how to appeal?”, FOI exemptions, the duty of public authorities to disseminate records through Internet, monitoring of Internet recourses of public authorities, the functions and rights of FOI Commissioner, how to cooperate with FOI Commissioner office, etc. MRI will organize 2 trainings during project activity. One for government officials and journalists and one for NGO representatives. Trainings will take 15 hours. The extent of training will be 5 weeks (3 hours in every week). The number of training participants will be approximately 18. 2. Creation of Sunshine Website for FOI users. The “FOI Manual”, other books, articles on FOI, commentaries of law, the opinions on live cases, instructions, the news on FOI issues, the commentaries of law, commentaries of frequently asked questions etc will be placed on Website. The FOI news from Azerbaijan and best practices from around the world will regularly be sent to journalists, NGOs, FOI activists through Internet network. There will be possibility for journalists and others to ask questions by phones and through e-mails and get immediate commentaries on FOI issues. 4. Organization of 1 Round Table (RT) devoted FOI problems. Troubles with Access to public records, government’s access policy, legislation acts, FOI Commissioners’ policy, FOI education and other related issues will be discussed. FOI officers, Commissioners office, policymakers will be among participants.

3. FOI Education: Members and officers of municipalities, local officials, political party members, NGO’s and journalists Supported by OSCE Baku office, Democratization program

Sets of activities to reach the objectives of the projects: • Improvement of accessibility of public information in municipalities, enhancement of journalist and municipality’s relationship. MRI will organize 2 one day FOI trainings in Baku. 2 (3 hours) trainings will be provided for members and officials of municipalities together with journalists and NGO representatives (Approx. 40 persons). • FOI education in regions: MRI will organize 4 one day training courses over the period of 3 months. And 5 (4 hours) trainings will be organized in regions like Saatly, Gandga, Gazakh and Goychay. The number of participants will be approx. 120 persons, the representatives of local NGOs, journalists, municipalities, local executive bodies, political parties. • Advancement of website: MRI will progress its website which was created by the assistance of OSCE Baku office. All news about FOI and Freedom of Expression situation in Azerbaijan will be placed in Website. MRI studies, reports and suggestions will be placed in website too. • During the trainings MRI will encourage the submission 100 FOI requests by the participants. MRI will follow them up to establish case studies which will be the basis of a quantitative study.

4. Towards Sunshine Supported by OSI-Budapest

1. FOI Monitoring: Monitoring of FOI law execution by government institutions, agencies.

2. Testing of new FOI law: enhancement of the good practice.

3. Network building: Establishment of broad Media + NGO + Other FOI activists Network (Sunshine Network) supporting best FOI education and practice.

Project activity

1. Monitoring of the implementation of Law “On obtaining of information”. Monitoring covers all governmental decisions to implement the law. The completing of duty of public authorities to create Internet sites and putting the useful records to those sites will be monitored too. MRI will monitor the exercising of information requests of journalists and NGO’s, the network members. MRI will make press releases and alarms on concerns about FOI and send them to Sunshine network members, media, NGO, international organizations.

2. According to Access law, the Government has to develop several secondary legislation acts, to instruct government institution how to keep records, which records should be placed in Internet, about the fees for information requests, etc. MRI will monitor the secondary legislation on Access, to develop opinions and proposals, to support good laws and good practice.

3. MRI will endow with legal support the FOI requesters to bring cases to FOI Commissioner and to court. MRI will select special cases and follow them, to establish test cases. Approximately 300 requests by journalists and other Network members will be initiated and followed by MRI during the project.

4. MRI will select special cases to create test cases and provide strategic litigation. Strategic cases will be selected by special board consisting of the representatives of partner organizations, such as Azerbaijan Lawyers Association, Legal Education Society, etc. Strategic cases will be advocated by freelance lawyers under the supervision of MRI staff lawyer.

5. MRI will organize 4 Round Tables (RT) devoted FOI problems. Troubles with Access to public records, government’s access policy, legislation acts, FOI Commissioners’ policy, FOI education and other related issues will be discussed. FOI officers, Commissioners office, policymakers will be among participants. MRI will act in close cooperation with FOI Commissioners office; participate in development of FOI instructions, guidelines, training of FOI officers.

6. During the project period MRI regularly will address to media, publicize press releases, alerts. Addressing to media will be a part of advocacy campaign.