Right to Know Day around the world - Montenegro

Organizer: NGO Coalition on Free Access to information (MANS)
Date: September 28, 2006
Events: Press conference, public debates

Description: In order to celebrate the Right to Know Day, MANS will organize a press conference to present key achievements in the fight against corruption by using a law on free access to information as well as key challenges in the law enforcement. Also, we are planning to distribute brochures, badges, leaflets and T-shirts on FAI. The awareness raising campaign is mainly focused at FAI in privatization, since in this area we have faces with many difficulties, but also found out the most interesting documents.

As you probably already know the privatization contracts of the biggest companies in Montenegro are withhold as state secrets. Although the Administrative Court have nullified the first decision to withhold whole contracts, it didn't order access to information, Government again forbidden access to information, on the same bases. Since process of obtaining information, especially at the Court could last for 3-4 months or longer, it is obvious that there is no political will to release information of public importance. We are currently waiting for another Court decision.

Since contracts as a whole were classified as business secrets, we have asked the Court to report to the State Prosecutor in case they find that contracts are protected, because the highest government officers have provided public with some details that are certainly part of those contracts.

Among those companies is the Aluminum plant, the biggest polluter in ecological country, but also the biggest employer, with connected companies it is producing over 50% of Montenegrin GDP and about 80% of total export. Government is saying that it was bought by off shore company, which is through another off shore company connected to Russal, owned by Oleg Deripaska, famous Russian oligarch. We have found that the Government Agency responsible for privatization and the Ministry for environment have two different official documents describing the same thing - new owner's obligations to invest in environmental protection - it differ both in prescribed measures and dynamics of investments.

Another is the Iron factory that was sold to Russian Midlend resources, another off shore company, who have left several months ago, literally during night, leaving nothing, no investments, no money, just debts. And they are not planning to return. After that "incident", the government is asking Russians to agree on jointly cancel the contract, since we will be then in a better position!!! Although the contract is not yet cancelled, new tender is ongoing. The privatization contract remain business secret, and government states that the loss for contractors (the Government and Russians who run away from the company) will be bigger than the public interest to know.

Important one is Telecommunication company that was sold to Hungarian Matav, member of Deutche Telecom Group. Since it is natural monopoly, and there is no law on anti monopoly in Montenegro, public largely doubt that the Government might granted them with monopoly status though the contract, which would be against Constitution. Interesting details is that Oleg Obradovic, who was on behalf of the Government member of the Board of Directors of Telecom when the company was privatized, was just recently removed by the new owners. Three days ago media found out the Mr. Obradovic is in board of directors of another off shore company that is currently applying at tender for privatization of the Iron factory. Its such a small world ;o)

In a meantime, since we have found and publicized some documents, which were obviously harmful for public interests, the Agency in charge for privatization have allowed us only to read the rest of approved documentation, not even to transcribe it. So, last time we went there with camera trying to record not the documents, but the person reading the document, that isn't forbidden by any legal act. It generated quite chaos in the Agency as well as the Security Service of the Government, but we still have some pictures that we will broadcast at the press conference on the occasion of the Right to Know Day.

Links: Free access to information impossible in Montenegro - NGO (Excerpt from report by Montenegrin Mina news agency)