On November 9, 2023, the Armenian government approved amendments to the fifth Action Plan in the framework of Open Government Partnership (OGP) initiative. Commitments on data policy legislation and government strategic communication are now enhanced with new features that are expected to benefit the civil society environment.
Since it joined the OGP initiative in 2011, Armenia has delivered four action plans. The current, fifth plan covers the period of 2022-2024 and includes ten commitments in the following areas: institutional development and participation; anti-corruption; open and transparent justice; and social rights and protection. Some of the commitments are expected to contribute to the civil society enabling environment by addressing issues of freedom of information, public participation, public communication and data management.
Following the OGP Independent Reporting Mechanism recommendations and stakeholder discussions, in 2023 the government decided to amend the Action Plan as per the OGP guidance. In late August 2023, the draft amendments to the Plan were published in the electronic platform for legal draft publication (e-draft) for public consultation. The government approved the amended Action Plan 2022-2024 on 9 November 2023, adding several updates to specific commitments relevant to civil society environment.
More detailed regulations on access to information and cybersecurity can ensure protections in digital space
The commitment on Data Policy Legislation aimed to produce a legislative package to regulate data collection and usage processes, address personal data management issues, promote data digitalisation through establishing a comprehensive rights-based and citizen-focused data management system. According to the amendments, two specific legal acts are planned to be developed under this commitment:
1. The Law "On Freedom of Information and Public Information", aimed at ensuring the realisation of the right to information provided by the Constitution.
According to the amended Action Plan, the law will provide effective and quality public services to the public and individuals, as well as ensure access to information and enable public oversight over the performance of related duties by state bodies.
Currently, access to information is covered by the Law on Freedom of Information, which regulates the timeline of providing responses to information enquiries on national and local level. The current legislation is generally enabling, though the introduction of a new concept of ‘official information of limited distribution’ in the Law on State Secrecy was criticised as restrictive in terms of access to information. Further, the right to access to information in practice remains a challenge, as state bodies and municipalities do not often publish complete and timely information. The published information does not comply with the open data and accessibility principles, while the responses to enquiries are more often delayed, rejected, or sometimes even not provided at all.
Thus, the planned legislation is expected to enable better enforcement of information disclosure by covering conditions, procedure and methods of providing information in more detail and improving public oversight mechanisms. The new legislation is also aimed at specifying the conditions and procedure for classifying, using and accessing restricted information, which will possibly minimise cases of discretionary rejection of information on the grounds of secrecy.
2. The Law "On Cyber Security", aimed to create a cyber-safe environment in information systems and infrastructures.
According to the amended Action Plan, the law will regulate some aspects related to the detection of cyber security incidents, their notification, prevention and resolution, monitoring, supervision, and the application of relevant sanctions. It will also define the scope of the entities responsible for cyber security of the information systems and critical information infrastructures, their continuous, uninterrupted and safe usage.
The CSO Meter reports have highlighted the practical challenges in cybersecurity and numerous cases of data leaks, which affect the implementation of the right to privacy and digital rights of CSOs and associated persons. This legislation might help to address these issues and ensure better protection in digital space.
Creating a new government unit to promote participatory governance
The commitment on Government Communication Architecture aims to develop proactive communication around government activities and public policies, establish protocols of communication in emergency situation, create mechanisms to respond to misinformation and disinformation, and in general – modernise the communication system of the government.
The amended Action Plan introduced a new element under this commitment: strengthening the institutional capacity of participatory governance through the creation of a supporting unit under the government. This new structure will in particular examine issues of participation and engagement, clarify public participation procedures in policy development, initiate relevant legal amendments as necessary, develop guidelines and methods for public engagement, review the effectiveness of digital participation tools, support the processes of capacity building and setting the scope of relevant responsible staff in state bodies, and introduce innovative mechanisms of participation. Correspondingly, an additional activity was included under this commitment on designing an institutional mechanism for monitoring and implementation of participatory governance procedures.
The new unit for promoting participatory governance is planned to be established under the Prime Minister's Office. Amendments and the tentative functions of the new government structure reflect CSO Meter recommendations. In the process of promoting CSO Meter report findings and recommendations, Transparency International Anticorruption Center and the European Center for Non-for-Profit Law provided a number of suggestions related to the creation of an institutional unit for participation, and discussed possible solutions to improve the right to participation in decision-making and state-CSO cooperation during the CSO Meter 2022 launch event in April 2023.
Image retrieved from infographics prepared by Freedom of Information Center of Armenia, http://www.foi.am/en/graf/item/2260/