As Winston Churchill said in the mid-1940s as the end of World War II approached, “Never let a good crisis go to waste.” At the time, the British Prime Minister was presumably referring to the Yalta conference and the resulting alliance between him, Stalin, and Roosevelt, the trio that would lead to the founding of the United Nations, thus generating opportunities within a crisis. Although the statement dates back more than 70 years, it continues to be relevant even today. In recent years the Kremlin has not hesitated to make a crisis fruitful, using it to regain its position as a significant player on the global scene (i.e., Libya, Ukraine, Syria). And the global health emergency triggered by the COVID-19 pandemic is no exception.
On March 22, Italy began to receive the first Russian aid, following a telephone call between Italian Prime Minister Giuseppe Conte and Russian President Vladimir Putin. A goodwill gesture labeled “From Russia with Love” in honor of one of the most successful films in the 007 sagas. Along with the mission and medical material, however, came a military contingent led by General Sergey Kikot, head of 104 health workers and other assistance personnel.
Although welcomed with great appreciation, the reception of the Russian aid operation has raised several doubts concerning the authenticity of its objectives. In this regard, it is necessary to stress that until the beginning of April, Italy faced the crisis almost entirely on its own.
Initially, Europe and its member states revealed themselves to be reluctant to cooperate. Instead of showing solidarity towards their then most affected member state, the allied governments reacted through the closure of the borders, a move that resulted in the delay of the arrival and exchange of necessary medical equipment on European soil, thus worsening the Italian situation. The apology addressed to the peninsula by EU President Ursula Von Der Leyen is dated April 1 (“Ursula von der Leyen: Scusateci ora l’Europa è con voi”). In the letter addressed to the newspaper “La Repubblica”, the President apologized for the lack of promptness of help from the European community, calling Italy a source of inspiration in the fight against COVID-19 and stressing its importance as a member state of the European Union. Besides, in the letter, it is repeatedly stated that although the European response was initially delayed, Europe is now more united than ever in the fight against the virus. A battle that cannot be won if not together.
Faster in the solidarity response, conversely, proved to be third countries, including not only Russia, but also China, and Cuba. Pending a European response, and just when the number of casualties exceeded that of China, a series of aid from the communist giant arrived in Italy. Between 12 and 18 March, an equipe of medical experts landed in Rome and Milan along with supplies and technical support, including respirators, masks, and protective suits and dressings. Similarly, on March 26, Cuba sent a medical team consisting of 52 healthcare professionals.
While not much has been spoken about the other foreign aid, and although Italy was facing great difficulties and was in definite need of help, the arrival of the Russian contingent has caused quite a few perplexities. Questions were raised concerning the consequences of the Russian aid campaign to Italy. Did the Kremlin expect anything in return? What would be the cost to the Italian government of these disinterested contributions, and what the strategic motives behind the humanitarian mission? Alexander Baunov, senior fellow at Moscow Carnegie Center, in the article “Is the Kremlin using the crisis as an opportunity to score propaganda victories?”, pointed out how, for countries that would like to see the world order turned upside down, this pandemic presents an excellent opportunity.
Prior to discussing the underlying motives at the heart of the Russian aid campaign, it is of interest to observe how the same information has been presented by the two respective governments. While in Russia the press focused on the gratitude shown by the Italian people for the assistance received, in Italy, media appeared more critical, questioning the implications of the campaign.
More specifically, La Stampa, one of the longest-selling and oldest newspapers on the peninsula, expressed its doubts about the matter, in particular through the work of the journalist Jacopo Iacoboni. (“Nella Spedizione dei Russi in Italia, il generale che negò i gas in Siria”, “Militari di Mosca acquartierati nella foresteria dell’esercito italiano, i timori di un’“occupazione” russa in Italia” ). The correspondent voiced his perplexity over the quality of the aid received, pointing out that about 80% of the material was obsolete and not working. The usage of the Aventa-M fan model (at present, there are 150 fans of this type on Italian soil) has, in fact, been suspended in Russia after having caused the death of 6 people, between 9 and 12 of May, for catching fire. In addition, the journalist, given the large number of military presence in the contingent, expressed his fears for the security of the country’s sensitive data, depicting the aid more as a geopolitical move than as an act of solidarity.
The diatribe became more heated when Russian Defense Ministry spokesman Igor Konashankov intervened, accusing the journalist of russophobia and spreading false information.
Tensions culminated in an appeal to Russian institutions from Rome by Foreign Minister Luigi di Maio and Defense Minister Lorenzo Guerini to respect freedom of the press, including the right of criticism, defined as a fundamental value at the base of the country.
On the other hand, the Russian media decided to focus their attention on the appreciation expressed by the Italians. Alongside the news of the mission’s arrival on Italian soil, media reported flags displaying the message “Spasibo Bolshoe” (thank you very much) held by smiling Italians gazing at the camera from their balconies. “Thank you, Russia, we won’t forget” “Dear Merkel, thank you for abandoning us” these the recurrent headlines on the subject (Baltnews, RT, BBC Russia, Rya Novosty, VestyRu, TsarGrad). Among the most well-known personal expression of gratitude, it is worth mentioning the former Prime Minister Silvio Berlusconi’s private message to Putin and a video posted by the Italian singer Pupo, in which the singer tries to pronounce a few words and sings in Russian.
From the Russian media, however, the Italian response to Russian aid seems to have found more support than what appears to have actually happened. According to EUvsDISINFO weekly report – “Coronavirus: BBC challenges pro-Kremlin reporting from Italy” – Italians have been portrayed replacing European flags with Russian ones, as proof though only an isolated video was found. Another recurring narrative denounced by the EU taskforce portrays Italian citizens engaged in playing the Russian anthem from their balconies during the lockdown. However, again, only one video to confirm the statement. The video was filmed outside the UGL Workers’ Union, a section of the extreme right-wing Italian political party Casapound.
Let us now turn to the controversies surrounding the interests behind the Russian aid contingent.
Amidst the most commonly discussed assumptions, one wonders whether, as a result of the disinterested aid, Russia does not expect something in return.
A common belief is that the Kremlin, having in Italy its closest ally within the European Union, could count on its help to put pressure on Brussels to review the question of sanctions, imposed following the illegal annexation of Crimea. A strategy that had already been employed in the preceding years with regard to Italy unsuccessfully (Following a unanimous vote held in December 2019, the European Council had extended the sanctions until July 31, 2020). As alleged evidence to this would seem to be the letter dated April 27 from the Chairman of the Foreign Affairs Commission of the Russian Duma, Leonid Slutsky, forwarded to the Italian senators. The letter expressly asks for help on the issue of sanctions. In order to avoid misinterpretation, clarification was promptly provided by the President of the Foreign Commission of Palazzo Madama, the senator of the 5 Star Movement Vito Petrocelli, who stated: “The appeal of my Russian counterpart Leonid Slutsky did not concern at all the European sanctions against Moscow linked to the Ukrainian issue, but the international sanctions that prevent countries such as Iran, Syria, Venezuela, Cuba and others from adequately combating the spread of COVID-19, creating further risks of contagion for the entire planet.” The letter would, therefore, refer to the UN General Assembly decision, which rejected the Russian resolution presented on March 25, also signed, among other countries, by China, Iran, and Venezuela, to suspend the sanctions due to the current health emergency.
Although there was some controversy following the letter’s receipt, it seems, nonetheless, quite far-fetched for the Russian mission to Italy to be solely dictated by the possibility for the latter to provide help concerning the suspension of sanctions against the Kremlin.
In this regard, it is of interest to remark that during its most critical moments (WWII, Cold War), Italy has always sided against Russia. On the contrary, the most probable scenario seems to be the Kremlin’s aim to gain credit with Rome in those areas of friction where bilateral relations prevail, i.e., the energy market and the Libyan question.
Italy is the fourth Russian trade outlet after the Netherlands, China, and Germany, and the fifth source of imports. In this regard, the Italo-Russian Chamber of Commerce (CCIR), founded in 1964, is very operative, bringing together the main Italian companies operating in Russia and vice versa. Russia is also the leading supplier of energy in Italy: from the latter, it purchases oil for about 15% of imports and gas for 30% of total imports. Italy acts, therefore, as the natural bridge between Russia and the European Union. This role, among other things, is witnessed by the massive Italian presence at the International Economic Forum in St. Petersburg, which, in addition to the political presence, sees the participation of all the most significant Italian companies and their chain of small and medium enterprises. Not to mention the investments of the two major Italian banks, Intesa Sanpaolo and Unicredit. Italy and Russia live in a relationship of economic symbiosis, as evidenced by the ever-increasing commercial exchange (EUROSTAT).
Simultaneously, the ongoing instability in Libya presents several challenges for Italy. Among the broad spectrum of interests in ending the Libyan crisis, in addition to energy and security issues, the issue of migration is undoubtedly the most urgent. Indeed, the migratory flow on the Italian coast risks having a significant impact on public opinion and political developments in the country. In this regard, Russia, which is also involved in the country, would thus play a key role in the negotiations to end the conflict.
In addition to whether the bill would have been presented to Italy once the aid had ended, further concern relates to security. Due to the presence of a large military convoy, the motive behind army personnel deployment and not just medical staff was questioned. Widespread speculation was that Moscow, accessing various hospitals’ databases, was engaged in a data-mining mission. Now, that would seem more like a scenario worthy of the Cold War era. What seems more reasonable, especially given that, at the time, Russia was still one of the countries less affected by the virus, is that, in the Kremlin’s perspective, the Italian situation presented itself as an excellent opportunity to gather useful information about COVID-19 and its possible mutations.
Thus, Italy would have represented both a study opportunity to train and test the capabilities of Russian departments specializing in chemical, radiological and biological defense, as well as a chance to examine the data stored in the national health system, collecting all the information needed, in order to gain a better understanding of the virus. To suggest the hypothesis, the fact that Russian convoys, consisting among others of an entire department highly specialized in bacteriological containment operations, were located in Bergamo, Lombardy, the most affected area in Italy.
Even though some have regarded the Russian aid campaign with fear and criticism, including Josep Borrell head of the European Union’s foreign and defense policy, who warned against Chinese and Russian propaganda, the Italian government has been clear about the matter. To reiterate the Italian position and avoid further ambiguity, the foreign minister Luigi di Maio in a recent interview for the newspaper “Il Corriere Della Sera” reported that there was no new geopolitical scenario. In what he described to be a matter of “realpolitik,” he stated, “There is only one country that needs help and the other countries that are giving it.”
A few weeks after the end of the Russian mission (May 7), one wonders whether there will be any consequences on the international geopolitical scene. Nonetheless, when addressing Russia’s attempt to re-establish itself on the international stage, in Italy’s case, it appears erroneous to refer to the mission as of an attempt to penetrate new geopolitical spaces. Russian solidarity should rather be regarded as an effort to maintain a political status quo already considered favorable. From the friendship of former Prime Minister Silvio Berlusconi with Vladimir Putin, to Enrico Letta, the only EU leader at the inauguration of the Olympic Games in Sochi, to Matteo Renzi, former Prime Minister, and Matteo Salvini, leader of the right-wing party “The League”, who openly criticized the European Council for the renewal of sanctions against Russia, to an intense series of agreements and protocols of economic, political and cultural cooperation, Italo-Russian relations appear well-established.
Italy has long stood as the founding country of the EU closest to the Kremlin, and bilateral relations seem to be facilitated by the presence of shared interests based on economic cooperation (CCIR) and the lack of historical political and social issues (Siddi). Relations are determined not only by commercial interests but also by the fruitful cultural and social exchanges between the two countries. Italian institutes of culture are very operative in the Federation, as well as the Dante Alighieri Societies, particularly active in the teaching of the Italian language, along with various cultural and tourist exchange initiatives. Despite the consequences and the underlying motives behind this humanitarian mission remain hence difficult to be predicted, it is nevertheless interesting to stress that a link between the two countries already existed. And although Italy has been part of the western economic and military structure (EU and NATO founding member) since the first post-war period, positive dialogue with the Kremlin has continued and continues to evolve.
From our partner RIAC
Russia-EU break possible but unwanted
Pressures in relations between Russia and the West have recently become so strained that Foreign Minister Sergey Lavrov warned of the possibility of a complete break in ties.
In an interview with Anadolu Agency, Andrey Kortunov, head of the Russian International Affairs Council, a Moscow-based academic and diplomatic think tank established upon a presidential decree, assessed how real the threat is and what consequences it could lead to.
It is necessary to make it clear what “a possible break with the EU” means – whether cutting relations with individual European countries or with European Union structures, said Kortunov.
“If we talk about EU countries, we shouldn’t forget that they now account for more than 40% of Russia’s trade turnover, they are the main source of investments and technologies that go to Russia. No one is ready to give up on this, and no one will,” he said.
As for structures of the EU bloc, in general, a break would be possible, but it would be both unwanted and unwelcomed, he said.
Kortunov noted that cooperation between Russia and the EU shrank in recent years, and a great many of the structures established to build bilateral ties have been closed.
“For example, in the past, we regularly held EU-Russia summits twice a year – in the first half of the year in Russia, in the second half in the EU presiding country or in Brussels,” he explained.
“Now such summits do not take place. The number of working groups that work in specific areas has decreased.”
Following this logic, breaking or freezing the remaining ties is possible but it is an extremely unwanted scenario because it is impossible to have good relations with European countries – EU members – and not have any relations with the EU itself, Kortunov said.
“A number of important issues lay within the competency of the European Union, including but not limited to trade and scientific and technical cooperation,” he said.
He warned: “Sooner or later, our projects with individual countries will run into unresolved issues at the level of the EU bureaucracy. Therefore, in principle – I repeat once again – a break is possible, but it is extremely unwanted because it is fraught with many negative consequences.”
Cooperation in ‘non-toxic’ areas
The EU is interested in cooperation with Russia as well, as it is a big market and important partner, he added.
Russia also plays an important role in the Middle East, and the situation in the region directly affects life in the EU, so cooperation on regional conflicts is another important part of Russian-EU interaction, said Kortunov.
To defuse the situation, he said, both sides have to exercise caution in their rhetoric.
“It’s one thing for members of parliament to say something critical, and quite another for the decision-makers in the executive branch to do that. The latter should exercise as much restraint as possible,” said Kortunov.
Cooperation in “non-toxic” areas, where Russia and the EU can work together despite political differences without making any difficult concessions, would also contribute to building trust, he said.
“And we need an open discussion with the EU about how we see ourselves in the world in five, 10, maybe more years,” he said.
“We need a strategic dialogue, which is not currently being conducted, at least I do not know that it is being conducted. And then we can gradually correct the relationship.”
Foreign Minister Lavrov said last week that the EU had been breaking bilateral mechanisms established under agreements on partnership and cooperation.
Asked if Russia is heading for a breach with the EU, Lavrov said he believed Moscow would be ready for it, and the country has to become fully economically self-sufficient in case sanctions are imposed in a sphere where they could risk the Russian economy.
From our partner RIAC
Dara of Jasenovac
The region that we now call Western Balkans does not remember that the realization of a movie caused many reactions and comments as ” Dara of Jasenovac”. The movie deals with the most painful topic in Serbian history – the genocide that Croats and Bosnian Muslims committed against the Serbian people in the so-called Independent State of Croatia, in the Jasenovac concentration camp during World War II.
All Nazi concentration camps after the end of the World War II were preserved to this day, so that the memory of the crimes would not fade. Millions of visitors come to Auschwitz, Dachau and other death camps, and pay their respects to the innocent victims. When in December 2009 from a museum in Auschwitz the “Arbeit macht frei” (work sets you free) sign was stolen, it was a planetary news. The sign was found after less than a month, although broken into three parts, which was again world news.
But few, outside of the Balkans, have heard about the Jasenovac extermination camp in Croatia, which was never liberated, but instead saw roughly 1,000 inmates escape in the hope that at least one of them would live to tell the world about the horrors of being imprisoned by the Croat Nazi-aligned puppet government that was appointed to rule a part of Axis-occupied Yugoslavia.
Israeli professor Gideon Greif, an expert on Auschwitz, researched the history of Jasenovac, which resulted in his book Jasenovac: Auschwitz of the Balkans. The Croat-run Jasenovac extermination camp was the size of about 150 football pitches and was established on April 10, 1941, four days after Nazi Germany invaded the Kingdom of Yugoslavia.
The wartime Independent State of Croatia, or NDH, was a Fascist satellite that was created by Nazi Germany and Hitler’s closest ally, Mussolini’s Italy. Under its leader, Ante Pavelic, the NDH set out to exterminate the Serbs, Jews and Roma who lived in the areas that were under their control – the Jasenovac camp was built to serve this purpose.
What made Jasenovac particularly cruel was the existence of a special camp for children where more than 20,000 Serbian children were brutally murdered. The methods used by the Croat guards to kill and torture the inmates were reportedly so barbaric that even SS chief Heinrich Himmler is believed to have suggested to the Croats that industrial killing, i.e. gas chambers, was a “cleaner way” to liquidate victims so that the guards wouldn’t need to use knives, axes, and other handheld weapons against those that they were sending to their deaths. Menachem Shelah, a historian with the Yad Vashem, the Holocaust museum in Jerusalem, wrote in 1990 that “the crimes committed in Jasenovac are among the most terrible in the entire history of humanity.”
Historians have estimated that between 700,000 to 1,000,000 people were killed at Jasenovac. The Nazis, themselves, recorded up to 750,000 deaths. Since the breakup of Yugoslavia in 1991, the Croatian government has continually insisted that only 83,000 people were killed at Jasenovac. Croatia’s first post-Yugoslav president, Franjo Tudjman, an unabashed nationalist and the man responsible for restoring the Ustase-era flag as the national symbol of Croatia, insisted until his death in December 1999 that a mere 30,000-40,000 people died while imprisoned at Jasenovac.
The total number of deaths that occurred at Jasenovac may never be known as concerted attempts to suppress the extent of the horrors of the camp continue to this day. This, however, is not a new process. Immediately after World War II, Yugoslavia’s Communist leader, Josip Broz Tito, played down the crimes that were committed at Jasenovac as they were seen as a potential threat to the “brotherhood and unity” doctrine of Tito’s Yugoslavia.
“Dara of Jasenovac“ is the first film dedicated to the Nazi Croat camp Jasenovac for mass extermination of Serbs. The decision of the authorities to show the movie “Dara of Jasenovac” simultaneously on the public services of Serbia and Republic of Srpska, as well as on commercial television in Montenegro, was the right decision in the public interest.
It should be noted that the film Dara from Jasenovac has not only a historical role, but also a geopolitical one. Republic of Srpska has been under pressure since its inception in 1995, with the ultimate goal of abolishing it. There is a whole list of Hollywood films in which Serbs and their struggle in the wars of the 1990s were shown in a negative context. The aim was to show the Serbs as evil and Republic of Srpska as a criminal creation. The ideologues of this theory were the Bosnian Muslim political leaders and the financiers were predominantly Saudi Arabia and Kuwait. That is why “Dara of Jasenovac“ has not only historical and artistic value, but also has a geopolitical one.
`We should continue to make films that will show the suffering of the Serbian people throughout history. I think that we will adopt it, not only as a program act, but also as a program of the Government of Republic of Srpska, to treat Serbian victims in the Independent State of Croatia in the right way“, said Serbian member and chairman of the BiH Presidency Milorad Dodik, after the premiere of “Dara of Jasenovac“. This statement shows that the leading Serbian politician in Bosnia and Herzegovina has strategic thinking, and that is to be commended. All that remains is, that Milorad Dodik should be supported in this plan by other Serbian institutions and especially by the state of Serbia.
Council of Europe fights for your Right to Know, too
Authors: Eugene Matos de Lara and Audrey Beaulieu
“People have the right to know what those in power are doing” -Dunja Mijatovic Council of Europe, Commissioner for Human Rights.
Access to information legislation was first seen in 1766 in Sweden, with parliamentary interest to access information held by the King. Finland in 1951, the United States in 1966, and Norwayin 1970 also adopted similar legislation. Today there are 98 states with access laws; of these, more than 50 incorporated in their constitution. The Inter-American Court of Human Rights 2006 and the European Court of Human Rights 2009 both ruled that access to information is a human right, confirmed in July 2011 by the United Nations Human Rights Committee, a sine qua non of 21st-century democracy.
Global civil society movements have been promoting transparency, with activists and journalists reporting daily on successes in obtaining information and denouncing obstacles and frustrations in the implementation of this right. To this end, the Council of Europe was inspired by pluralistic and democratic ideals for greater European unity, adopted the Council of Europe Convention on Access to Official Documents recognising a general right of access to official documents held by public authorities. It brings a minimum standard for the fair processing of requests for access to official documents with the obligation for member states to secure independent review for restricted documents unless with held if the protection of the documents is considered legitimate.
The right to freedom of information
Access to information is a government scrutiny tool. Without it, human rights violations, corruption cases, and anti-democratic practices would never be uncovered. Besides exposing demerits, the policy is also known to improve the quality of public debates while increasing participation in the decision making process. Indeed, transparency of authorities should be regarded as a fundamental precondition for the enjoyment of fundamental rights, as guaranteed by Article 10 of the European Convention on Human Rights. The policy equips citizens and NGOs with the necessary tool to counter refusal from authorities to provide information. The European Court of Human Rights recognized that withheld documents could be accessed in specific circumstances. In principle, all information should be available, and those upheld can also be accessed, particularly when access to that particular information is crucial for the individual or group to exercise their freedoms unless of course, the information is of national security or of private nature.
Access to information in times of crisis a first line weapon against fake news
The COVID pandemic has enabled us to test access policies and benchmark the effectiveness of the right to know during trivial times, as Dunja Mijatovic mentioned. In fact, having easy access to reliable information protects the population from being misled and misinformed, a first-line weapon dismantling popular fake news and conspiracies. Instead, during COVID, access to information has supported citizens in responding adequately to the crisis. Ultimately, transparency is also a trust-building exercise.
Corruption and environmental issues
Information is a weapon against corruption. The Council of Europe Group of States against Corruption (GRECO) is looking at the specific issue of access to official documents in the context of its Fifth Evaluation Round, which focuses on preventing corruption and promoting integrity in central governments and law enforcement agencies. In about a third of the reports published so far, GRECO has recommended the state to improve access to official documents. In regards to the environment, the United Nations Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, commonly referred to as the Aarhus Convention, expands the right of access to information on environmental matters thus complementing the Tromsø Convention. Declaring these policies as the primary tools that empower citizens and defenders to protect the environment we live in.
Good models exist
Most Council of Europe member states have adequate mechanisms regarding the right to information. For example, in Estonia, “the Public Information Act provides for broad disclosure of public information” states Mijatovic. Moreover, “in Croatia, Serbia, Slovenia and several other countries there is an independent oversight body – such as an Information Commissioner – responsible for monitoring and enforcing the right to information, while some other countries entrust Parliamentary Ombudsmen with supervision of the right of access to information”. Finally, “the constitutions of several European countries do indeed guarantee the fundamental right to information.” Nonetheless, there are still in consistent levels of transparency among state institutions or a failure to meet the requirement for proactive disclosure. The entry into force of the Tromso Convention willbe an opportunity to bring back to the table the importance of the right to information and to read just European States practices regarding the enhancement.
Barriers and Challenges
Digitization is still recent, and authorities are not accustomed to dealing openly. There is a sentiment of reservation and caution. Before the advent of the internet, governments enjoyed a level of political efficiency and practical obscurity. Viewing public records required the time and effort of a visit to the records’ physical location and prevented easy access to details of individual files. Openness has made the policy cycle longer, with a more thorough consultation process and debates. The availability of digital documents has caused an unavoidable conflict.
One of the conflicts is a privacy protection and policy safeguards invoked against freedom of information requests. Requirements to provide transparency of activities must be mitigated with national security, individuals’ safety, corporate interests, and citizens’ right to privacy. Finding the right balance is essential to understand how local governments manage the dichotomy between providing open access to their records by maintaining the public’s privacy rights.
Several governments think twice before pursuing transparency policies. Access to information hasn’t been a priority for some of the European States. Mijatovic reported that “filtering of information and delays in responses to freedom of information requests have been observed in several member states”. Although there is a growth in these laws’ popularity, we are always a step behind meeting the supply and demand of information objectives in an era of digitization.
Tromso Convention has only been ratified by eleven countries, which are mostly located in Scandinavia (Finland, Norway and Sweden) or in Eastern Europe (Bosnia, Estonia, Hungary, Lithuania, Moldavia and Ukraine). Reading this statement, three questions should come to our minds:
1. Why not all European states have ratified Tromso Convention?
2. Why do Scandinavian countries have chosen to ratify the Convention?
3. Why are most of the Member States from Eastern Europe?
Regarding the first question, the answer resides in the fact that the ones who haven’t taken part in the Convention already have strong national laws protecting freedom of information and don’t need to bother with extra protection and external surveillance. For instance, Germany passed a law in 2005, promoting the unconditional right to access information. Many other European states such as Belgium, Croatia, Denmark, France &Poland have similar national law.
Regarding the second question, considering that all Scandinavian countries already have national laws assessing freedom of information, the most likely reason behind their ratification would be symbolic support to the cause or because the Convention’s framework is less restrictive than their national laws.
Finally, concerning the last question, we could suppose that most Eastern countries have an interest in demonstrating themselves as more transparent, more following the rule of law. For example, if we examine Montenegro’s case, we could assume that taking part in the Tromso Convention is a step closer to their accession to the EU in 2025.
As for the reservations that have been made, only Finland, Norway and Sweden have made some noticeable. Regarding Norway, the country declared that “communication with the reigning Family and its Household” will remain private in accordance with Article 3,paragraph 1 of the Convention. This limitation covers something interesting, considering that, as mentioned earlier, access to the data type of legislation was first adopted in order to get access to information held by the King. In parallel, Finland declared that “the provisions of Article 8 of the Convention concerning the review procedure [will] not apply to a decision made by the President of the Republic in response to a request for access to a document. Article 8 provides protection against arbitrary decisions and allows members of the population to assert their right to information. Sweden has made a similarreservation on Article 8 paragraph 1 regarding “decisions taken by the Government, ministers and the Parliamentary Ombudsmen”.
Thoughts towards better implementation
For smoother data access implementation, governments can act on transparency without waiting for legislation through internal bureaucratic policy. These voluntary provisions for openness can be an exercise towards a more organic cultural transformation.
Lengthy debates on open access are entertained by exceptions to access. To be sure, governments have enough legal and political tools to withhold information, regardless of how exemptions have been drafted. Instead, a more productive and efficient process is possible if we concentrate on positive implementation and enforcement, including the procedures for challenges on legal exemptions.
The implementation phase of access laws is challenging due to a lack of leadership motivation, inadequate support for those implementing these requests, especially since they require a long term social and political commitment. To do so, an overall dedication and government bureaucratic cultural shift should take place. Although the implementation of access to information should be included internally in all departments, considering a standardized centralized approach to lead the new regime with authority could send an important message. Record keeping and archiving should be updated to respond to requests with improved information management systems. As such, the goal would be to make a plethora of information immediately and unconditionally available.
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