Armenia: Ministry of Justice Initiates a New Draft Law on Freedom of Information

CJTeam, Yerevan, 23 Oct 2008 – On October 23 discussion of draft law “On Freedom of Imparting Information” developed by RA Ministry of Justice took place in the Academic Centre of Ecological Right of the Yerevan State University Law Department. Representatives of journalistic associations, also Yerevan Press Club, and international organizations participated in the discussion.

Artak Gevorgian, Chief of the State Legal Department of Legal Acts Assessment of RA Ministry of Justice, who introduced the draft law, pointed out that the new document is called to replace the acting Law “On Freedom of Information”. Artak Gevorgian motivates it by the necessity to bring the legislation in accordance to the amended Constitution. In particular, the procedure of registration, classification and archiving of the information processed by the owner of the information or imparted for him, is not developed yet, as well as the procedure of providing duplicates (copies) of information by state institutions and organizations, local self-administration bodies.

These requirements are stipulated by Articles 5 and 10 of the Law “On Freedom of Information”, respectively. And even if the relevant subordinate acts are developed for the acting Law “On Freedom of Information”, they, in the opinion of the representative of Justice Ministry, can contradict to the Constitution.

Such an approach arose objections among discussion participants. They stressed that the acting Law “On Freedom of Information” (adopted in September 2003) is one of the few progressive documents that are highly appraised by the international experts, and have proved their value on practice.

Regarding the necessity of developing and approving the by-laws in accordance to the requests of Articles 5 and 10 of the Law (this obligation was put on the government), the journalistic community has been reminding about that for 5 years. And at present there are no obstacles for developing necessary legislative amendments and procedures that will not contradict to the Constitution, with the participation of the interested parties.

The journalistic associations expressed their readiness to participate in the improvement of the acting Law and in the development of its by-laws.

Representatives of the Justice Ministry, in their turn, promised to introduce the results of the discussion and the approaches of the professional associations to their management.

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