Annoucments

The Decline of Transparency in Public Procurement in BiH

Monitoring provođenja Zakona o javnim nabavkama ukazao na povećanje netransparentnosti i brojne zloupotrebe koje smanjuju konkurenciju i favorizuju pojedine ponuđače, dok u...

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The Decline of Transparency in Public Procurement in BiH

Banja Luka, 26th December 2012. – Transparency International Bosnia and Herzegovina (TI BiH) has issued a report on Monitoring of the Implementation of the Law on Public Procurement, within the activities of monitoring the implementation of Anti-Corruption Reforms in BiH conducted in collaboration with the Open Society Fund (OSF).

The Monitoring findings have indicated the lack of transparency in public procurement because open participation in the overall procurement fell from about 91% in 2008, to 37% in 2011. This is primarily due to amendments to the Law on Public Procurement in 2009 which has raised the limit for direct agreements and led to a reduction of the number of public procurement conducted in open bidding procedures.

The abuses in the implementation of the Law have been caused by the arbitrary interpretation of regulations, poor coordination between the institutions at all levels, and lack of accountability of individuals in all major segments of corruption prevention in this area. The price of tender documentation or the way of its acquiring from the very start discourage some providers of goods, services or work, while during the preparation of the documentation some specific criteria have been defined  which favor certain bidders.

Adequate supervision of the public procurement process has not been established yet by the Public Procurement Agency and the Procurement Review Body, and there are no consequences for non-transparent and illegal procurement. Termination of proceedings for almost 80% of decisions on complaints of bidder does not end in their favor, but they are ended mostly by irregular canceling of procurement by contraction authorities. So far a single bidder has not been reimbursed.

There is no an adequate response from the judiciary – delay in passing judgments makes them irrelevant, because it is impossible to correct an irregular procurement process after two or three years, and numerous reports of the Audit  Services indicating irregularities in the implementation of public procurement procedures have not resulted in adequate investigations.

On top of all the above, instead of adopting a new law on public procurement, which would enhance oversight and allow more effective control, political parties, have sent to the Council of Ministers a proposal to increase taxes for appeals (from the 500KM to a whopping 25,000KM, depending on the value of procurement). Such proposed costs of the appeal would represent tremendous disincentive discrimination of aggrieved bidders in procurement process, and would send a dangerous message to the business world and to the citizens that any attempt to combat irregularities and corruption in public procurement and countering financial oligarchs, who often receive and supply contracts, is a losing battle.

Bosnia and Herzegovina Captured by the Interests of Six Individuals

The act of amending very important laws of Bosnia and Herzegovina, such as the Election Law, the Law on Conflict of Interest, the Law on the High Judicial and Prosecutorial...

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Bosnia and Herzegovina Captured by the Interests of Six Individuals

The act of amending very important laws of Bosnia and Herzegovina, such as the Election Law, the Law on Conflict of Interest, the Law on the High Judicial and Prosecutorial Council, the Law on Civil Service etc. by the agreement of just six people, under urgent amendment procedure and without any public debate, represents dictatorial and undemocratic act of the ruling parties.

Political parties in power, and their six leaders, hereby try and officially confirm that they have absolute control over all processes in Bosnia and Herzegovina, positioning themselves above the legislation, and by the amendments to the Law on Civil Service and the Law on Conflict of Interests they additionally verify their power as well as the complete immunity to sanctions for violating the law.

Such behavior of the political parties, and the fact that none of the authorized institutions on which the implementation of these laws would have devastating effects have not reacted, show  that Bosnia and Herzegovina is not a democratic country, but the state captured by the six individuals.

In the next few days, signatories of the statement shall send their open letter regarding the amendments to the laws to the Council of Ministers and the Parliamentary Assembly of Bosnia and Herzegovina, regardless of their efforts to hide the amendments to the laws from public insight. At the same time, we are taking the opportunity to invite all other civil society groups to oppose the destruction of the legal framework and parliamentary democracy in Bosnia and Herzegovina.

Signatories of the statement:

Transparency International Bosnia and Herzegovina

Centers for Civic Initiatives

Open Society Fund Bosnia and Herzegovina

UG Why not?

Helsinki Committee for Human Rights RS

Center for the Promotion of Civil Society

The European Research Center

Conference on Integrity of Higher Education and prevention of Corruption

The goal of this conference is to identify effective mechanisms for prevention of corruption at universities in the region with the aim of creating a transparent and accountable...

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Conference on Integrity of Higher Education and prevention of Corruption

The goal of this conference is to identify effective mechanisms for prevention of corruption at universities in the region with the aim of creating a transparent and accountable system of higher education, and to provide equal access to education and to strengthen trust in universities, which has been shaken due to a number of corruption scandals which have shaken not just Bosnia, but also other countries in the region.

Conference will focus on the discussion about the solutions which have so far yielded results in the fight against corruption in higher education, and on proposals for strengthening the integrity of higher education institutions.

The conference will be held on 12th and 13th December at the Hotel Europe in Sarajevo. The first day of the conference (starting from 13:00 p.m.) will be devoted to discussion about ensuring integrity in higher education and pre-requisites for effective prevention of corruption.  The second day (starting from 10:00 a.m.) will be devoted to comparison of the regional experiences. The conference speakers shall be representatives of organizations and institutions from Serbia, Croatia, Romania and Bosnia and Herzegovina with participation of representatives of the BiH universities and the institutions in charge of implementation of laws on higher education.

The conference will be open to the press, and the agenda is attached.

Zer0tolerance4corruption for the ninth time in Banja Luka

A special segment of the International Anti-Corruption Day is dedicated to the young population, within a general orientation of TI for prevention of corruption through work with...

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Zer0tolerance4corruption for the ninth time in Banja Luka

A special segment of the International Anti-Corruption Day is dedicated to the young population, within a general orientation of TI for prevention of corruption through work with young people. On the occasion of the International Anti-Corruption Day TI BiH organizes a partyt for young people called ‘’Zero Tolerance For Corruption Party’’.  During past nine years, the most renowned musicians of electronic music have performed at these parties and have gathered a large number of young people from BiH and the region, which have made Banja Luka recognizable by this event.

This year, the party will be held on 14th December 2012. in DFK Club in Banja Luka where performers will be  DJ Kormac from Ireland and Cayetano Soundsystem from Greece, who are with indispensable Parov Stelar considered leaders of the musical direction electro swing.

Presentation of the findings of the National Integrity System Assessment in BiH

Pozivaju se svi mediji konferenciju koju organizuje Transparency International Bosne i hercegovine povodom Međunarodnog dana borbe protiv korupcije koji se obilježava 9....

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Presentation of the findings of the National Integrity System Assessment in BiH

The Conference is part of the project “National Integrity System Assessment in Bosnia and Herzegovina”, funded by the European Union in the amount of 135.711,69 Euro and implemented by the Transparency International BiH.

The conference will start with opening remarks by Mr. Emir Đikić, Chairman of the Board of Directors, Transparency International BiH, Mr. Mladen Ćavar, Deputy BiH Minister of Security and Dr. Renzo Daviddi, Deputy Head of the Delegation of the European Union to BiH.

Presentation of the findings of the National Integrity System (NIS) Assessment will follow. The NIS Assessment offers a qualitative and quantitative evaluation of the legal basis and the actual performance of institutions relevant to the overall anticorruption system. The NIS assessment analyses three dimensions – the capacity of individual institutions to function, their internal governance in terms of integrity, transparency and accountability, and their role in contributing to the overall integrity of the state governance system.

The final part of the Conference is discussion on the issue of Rule of Law and the Fight against Corruption in the Context of European integration.

Attached is the agenda of the Conference which is opened to media.

For more information, please contact:

Srđan Blagovčanin, Executive Director, Transparency International BiH

Corruption is still a major barrier to BiH stability

Indeks percepcije korupcije (CPI) pokazuje da BiH stagnira na polju borbe protiv krupcije i da se još uvijek nalazi u rangu sa zemljama u kojima korupcija predstavlja ozbiljan...

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Corruption is still a major barrier to BiH stability

Sarajevo, December 5, 2012 – Transparency International published the Corruption Perceptions Index 2012, which ranks Bosnia and Herzegovina 72nd out of 176 countries this year with a score of 42 (on the scale of 0-100). That is still below the midpoint of 50, placing Bosnia and Herzegovina below most European countries. CPI also shows that majority of 176 countries scored below the average, indicating that corruption represents a serious threat throughout the world.

The index shows Bosnia and Herzegovina cannot be complacent with its ranking given its aspirations of becoming a member of the European Union. The only state to join the EU in the region of the former Yugoslavia over the last 10 years is Slovenia with a CPI rank of 37, showing that BIH has a long path to go in fighting corruption, to be considered a serious partner within EU.

Furthermore, CPI shows that BiH remains closely-ranked with countries where corruption is a major problem, and a barrier to growth, stability and investment. Bosnia and Herzegovina shares 72nd position with Sao Tome and Principe and Italy. When it comes to countries from the region the highest ranked is still Slovenia (37th), while the lowest ranked is Albania (113th).

The results of the new CPI indicate that Bosnia and Herzegovina is stagnating, as seen in other surveys that show that there is no progress in fighting corruption in BiH. European Commission warned only two months ago that corruption is prevalent and that no significant efforts have been invested in tackling this issue, including a total lack of implementation of Anti-Corruption Strategy.  Bosnia and Herzegovina still needs to face with high-level political corruption, non-transparent management and misappropriation of public funds, through dubious subventions and public procurement, and corruption in public sector, in order to move up on the CPI list.

TI BiH Presents Municipal Transparency Ranking in Bosnia and Herzegovina

One of the main activities of the project is the transparency index for municipality in BiH. It will set the basis for further activities relating to the improvement of...

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TI BiH Presents Municipal Transparency Ranking in Bosnia and Herzegovina

One of the main activities of the project is the transparency index for municipality in BiH. It will set the basis for further activities relating to the improvement of transparency of those municipalities which show weak results on the transparency and openness of municipalities ranking list.

On this occasion a specially designed application will be presented, which allows ranking of municipality transparency index and their mutual comparison, and an interactive map of municipalities with basic information on the index scale.

The presentation will be held on Monday, 3rd December 2012. in the Atrium Hall of the Hotel Europe in Sarajevo, starting at 12 o’clock pm and it is open to the media.

President of the CEC Prevents Sanctioning of Political Parties

Odbijajući da na dnevni red CIK stavi odluku o sankcionisanju stranaka za kršenje Zakona o finansiranju partija, postoji opravdana sumnja da predsjednik CIK, Brako Petrić,...

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President of the CEC Prevents Sanctioning of Political Parties

Banja Luka, 29th November 2012.- The Persident of the Central Election Commission (CEC) Branko Petric by refusing to put on the agenda of the CEC the decision on sanctioning of 13 political parties for violation of provisions of the Law on Financing of Political Parties,  prepared by the Audit Service, put himself directly in the service of protection of political paties, especially SNSD,SDP and HDZ 1990 for which monetray sanctioncs should have been imposed.

Namely, the Audit Service has established that 13 political parties are responsible for violation of the Law on Financing of Political Parties in BiH. The investigation was opened on the basis of irregularities in found in the audit of the Annul Financial Reports for 2010. and post-ellection financial reports (General Election 2010). These irregularities have been related to profit gained from assets not owned by the political parties, inadequate transaction records such as absence of bills for paid services, unreported donations and contributions from prohibited sources.

The Audit Service in accordance with the conclusion from the CEC assembly, held on 16th August 2012, instituted procedings against 32 political parties on suspicon of violating the Law on Financing of Political Paries in BIH. So far 13 cases have been completes and proposed penalties range from 500 to 30,000KM, but official verdict has been prevented.

Considering the fact that the new Law on Financing of Political Parties  in BiH, published in the Official Gazette on 27th November 2012, has considerably milder than the former one and majority of committed offenses would not be sanctioned by its implementation, there is a resonable suspicion  that the President of the CEC is waiting for  5th December  2012., when the implementation of the new Law starts, in order to prevent sanctioning of the political parties for detected and irregularities determineded during the control of their financial operations in 2010.

Transparency Internationa of Bosnia and Herzegovina calls on members of the Central Election Commission to demand an emergency meeting and decide whether to sanction 13 political parties for the irregularities detected in 2010., highlighting that they cannot implement provisions of the new Law on Financing of Political Parties for offences committed two years ago.

Annulment of the Decision of the Central Election Commission to NSRZB is Unfounded

Odluka Apelacionog odjela Suda BiH da poništi odluku CIK BiH o sankcionisanju Narodne stranke Radom za boljitak neosnovana i predstavlja još jedan udar na efikasnost provođenja...

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Annulment of the Decision of the Central Election Commission to NSRZB is Unfounded

Banja Luka, 22nd November 2012 – Transparency International Bosnia and Herzegovina (TI BiH) considers that the annulment of the decision of the Central Election Commission to sanction Narodna stranka radom za boljitak (People’s Party Work for Progress) is unfounded, and that the decision of the Appellate Division of the Supreme Court BiH impedes the effective implementation of the Election Law and the Law on Financing of Political Parties.

Even though the CEC has established a clear connection between the campaigns of the Ministry of Agriculture, Water and Forestry and NSRZB, including nearly identical visual identity and slogan, and has sanctioned the political party with a monetary penalty in the amount of 10,000 KM, the Appellate Division of the Supreme Court BiH considers that these campaigns are not connected. It has also been stated that the contract between the Ministry and the marketing agency was signed the day before the beginning of the election year. However, the campaign conducted by the Ministry, which has also promoted the vice president of  NSRZB, started and was carried out during the election year, and even before the beginning of the election campaign.

Furthermore, it has been stated in the decision of the Appellate Division that the CEC has made its decision based on the media reports, although TI BiH, which filed the report against this party, submitted signed contracts between the Ministry and S V – R.S.A Ltd. Sarajevo and Team System Ltd., and in addition the CEC was in possession of the complete documentation on the implementation of the campaign.

Despite the apparent violations of law and visible abuses, the decision of the Central Election Commission is annulled, which represents an additional blow on the trust in the judiciary and undermines consistency in law enforcement by the Central Election Commission.

TI BiH Started the Campaign at University of Zenica

This opportunity is being used for promoting newspapers which contain students’ stories on corruption in education, under the name ‘Corruption Circus’. In this way TI BiH...

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TI BiH Started the Campaign at University of Zenica

This opportunity is being used for promoting newspapers which contain students’ stories on corruption in education, under the name ‘Corruption Circus’. In this way TI BiH tries to inform students of their rights, and to motivate them to confront and report corruption. TI BiH shall continue with the campaign at universities in Tuzla, Mostar, Banja Luka and Sarajevo.

Draft on the Law on Financing of Political Parties in BiH Encourages Corruption

Banja Luka, 15.novembar 2012. – Transparency International Bosne i Hercegovine upozorava delegate Doma naroda Parlamentarne skupštine BiH da Zakon o finansiranju političkih...

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Draft on the Law on Financing of Political Parties in BiH Encourages Corruption

Banja Luka, 15th November 2012.- TI BiH considers that particularly problematic changes are related to the Article 6 which increases donations from legal bodies within a year, from the current 15 average wages (about 12,000) to 50,000, and the limit for individual persons is being increased from 8 salaries (about 6,400) to 10,000.

For the first time, a provision has been introduced which prescribes that a party member may remit an amount up to 15,000 KM (including membership fee) within a year, which provides opportunity for manipulation due to the fact that parties may have increased the number of fictively signed members to ensure large extent of allowable donations. Department of the OSCE Mission ODIHR in its analysis of the current Law on Financing Political Parties in BiH has clearly warned that the ‘’ risk of circumvention of restriction is presented by using mediators to carry out the payments’’.

Therefore, TI BiH appeals to delegates of the House of People of Parliamentary Assembly of BiH to reject the change in the Article 6 and prevent increasing limits on donations of the legal and individual persons, particularly introduction of a new member’s category. Instead of increasing the limits on donations and grants TI BiH invites delegates to incorporate into the legal provisions solutions for transparency and effective supervision of spending these funds.

Also, in accordance with recommendation of the Group of States against Corruption (GRECO) of the Council of Europe, in order to conduct effective oversight, TI BiH recommends the incorporation of single account for receiving donations and other sources of income, as well as payments of the costs of political parties and election candidates, into proposed provision.

TI BiH reiterates that under the Law on Financing of Political Parties in BiH tougher  sanctions for its violation must have been prescribed and defined, and strengthening the role and capacity of the Central Election Commission in the  process of controlling the financial operations of political parties.

Appealing to the delegates of the House of Peoples, TI BIH invites them to prevent destruction of legal framework and supervision of financing of political parties.

Narodna stranka radom za boljitak has been penalized based on TI BiH Report

Na osnovu prijave koju je uputio Transparency International BiH, Centralna izborna komisija BiH izrekla je novčanu sankciju Narodnoj stranci Radom za boljitak, zbog zloupotrebe...

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Narodna stranka radom za boljitak has been penalized based on TI BiH Report

Banja Luka, 9th November  2012 – Based on the complaint filed by the Transparency International Bosnia and Herzegovina (TI BiH) to the Central Election Commission against Narodna stranka radom za boljitak (People’s Party Work for Progress), the Central Election Commission, has imposed the maximum fine prescribed by the Law in the amount of 10.000 KM fore violation of the Election Law.

In the statement of the Central Election Commission has been determined that, within the period from the date of announcement of the elections till the official start of the election campaign the, the party has been responsible for violation of the Rules of Conduct in the Article 16 Item 3 of the Election Law of Bosnia and Herzegovina, or the rules relating to promotion outside the prescribed duration of the campaign.

TI BiH welcomes the decision of the Central Election Commission, especially because of the fact that similar misuses of funds and functions of the Institutions by the parties in BiH have been present for years. Also, TI BiH hopes that relevant institutions shall examine the fact that the resources of the Ministry of Agriculture, Water and Forestry, in the amount of 3.7 million KM, have not been spent transparently. It has been also indicated in the reports of the Audit Offices of the FBiH that the funds have been used for personal promotion of Minister Lijanovic and promotion of the party of which he belongs to.

The decision of the Central Election Commission clearly displays the interrelation between  ’’Buy Domestic’’ campaign of the Ministry and the campaign of NSRzB. TI BiH expects from the Minister Jerko Lijanovic to show the minimum responsibility and resign from the post of Minister of Agriculture, Water and Forestry.

BiH is Still the Worst in the Region

Izvještaji o napretku Evropske komisije godinama ukazuju na iste probleme u BiH – nedostatak političke volje za borbu protiv korupcije, neefikasno procesuiranje korupcije,...

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BiH is Still the Worst in the Region

Banja Luka 11th October 2012.- The European Commission has published a Progress Report for Bosnia and Herzegovina  2012, which once again points out the inefficiency in curbing corruption in BiH. It is symptomatic that the European Commission has been repeating the same findings and recommendations, which the authorities in Bosnia and Herzegovina, according to the results of failing to meet the conditions for membership in the European Union, ignore.

In this year’s Progress Report, as well as in those of previous years, has been stated about insufficient implementation of the legal framework regulating the fight against corruption, especially the Law on Conflict of Interest, and the Law on Financing of Political Parties. The European Commission has once again pointed out the incompatibility of the Laws at various levels of government, especially the failure to adopt the recommendations of the Group of States against Corruption (GRECO).

Once again it was warned about the delay on the implementation of the Anti-Corruption Agency, and a general lack of capacity of the institutions which are supposed to enforce anti-corruption laws.

Judicial inefficiency and lack of prosecution of major cases of corruption, nepotism in the public sector, incompatibility of regulations in the access to information area, lack of protection of whistleblowers, etc. are problems which the European Commission has been indicating for years.  However, one of the conclusions, which has been repeated, is that BiH is at the beginning of the fight against corruption because of the lack of political consensus, and the fact that the fight against corruption remains only in the promises of the authorities without adequate actions.

TI BiH hopes that this Progress Report will serve as clear message to the leaders in BiH that current frivolous attitude towards the fight against corruption cannot lead BiH to membership in the EU, and the fact that countries in the region have not acquired the candidate status until they started with implementation of anti-corruption reforms and with decisive prosecution of  corruption cases, can serve us as evidence.

The Public Interest Has Been Ignored in the Process of Delivery of Information by the Institutions

Istraživanje TI BiH o primjeni Zakona o slobodi pristupa informacijama pokazuje i dalje prisutnu pravnu nesigurnost u postupku dostavljanja informacija od strane...

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The Public Interest Has Been Ignored in the Process of Delivery of Information by the Institutions

Banja Luka, 28thSeptember 2012- On the occasion of the Freedom of Information Day (28th September) TI BiH has conducted research on determination of the level of implementation of the Freedom of Access to Information Act by the State authorities of Bosnia and Herzegovina.

TI BiH has send 148 requests for access to information, in which contracts on public procurement have been requested, to all ministries at the state level, the Federation of Bosnia and Herzegovina, the Republic of Srpska and departments of the Government of Brcko District.

Upon the expiry of the statutory time limit (15 days), out of the total number of the Institutions only 43% have responded promptly, while after direction of urgency another 38% of institutions submitted responses. However, 20% of institutions have not submitted response of any kind. So, due to administrative silence TI BiH has sent 26 complaints on violation of the Freedom of Access to Information Act and the Administrative Procedure Act.

On the other side, in 80% of the cases have failed the delivery of the information in the form of administrative act which suggests a high level of legal uncertainty in the process of providing information still exists in the institutions of BiH.

As well as in the previous research of TI BiH, being conducted every year in the occasion of the International Freedom of Access to Information Day, the apparent practice of improper exemption of public information or the failure to implement the public interest test has been noticed.

One of the causes of the legal uncertainty are decisions of the Agency for Protection of Personal Data, such as the prohibition of publication of assets declarations and limiting access to the judgments of the Court  of BiH, which in practice creates confusion and uncertainty. Considering the fact that the Institutions which should apply the Law on Freedom of Access to Information are not often capable to evaluate in which cases there should be the precedence in publishing information and in which the protection of personal data.

In accordance with the submitted initiatives to amend the Law on Freedom of Information at the entity level, TI BiH has maintained the stand that this should be brought in the line with the Law at the State level, especially in the introduction of sanctions for law violation.  It is necessary to conduct the authentic interpretation of the public interest test in terms of explaining and/or setting of additional evaluation criteria and rules of public interest benefits and social damage, as well as to ensure understanding of the purpose of the public interest test and mandatory rules before deciding not to provide information.

TI BiH is going to continue with its regular activities on the active advocacy of the right of free access to information in order to strengthen its affirmation and civil participation, especially to remember that this is one of the fundamental human rights and prerequisite for the responsible conduct of public institutions.

Street Action in the occasion of International Right to Know Day and Right2Know Party

Transparency International BiH, organizuje uličnu akciju s ciljem obilježavanja 28. septembra, Međunarodnog dana slobode pristupa...

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Street Action in the occasion of International Right to Know Day and Right2Know Party

Banja Luka, 27 September 2012. – On this occasion, TI BiH shall again inform citizens about their rights, how to address the Institutions and seek for information, and methods of exercising their rights.

During the street action, citizens will have an opportunity to fill in the requests for information from the institutions, based on existing templates, on the Transparency International’s booth. The Street Action will be held on the 28th September 2012, on Krajina Square in Banja Luka starting from 13.00.

On the same occasion, on the 28th September TI BiH organizes a party, called Right2Know Party, in DFK club where the performers will be Silicone Soul, a British duo who are considered as leaders of the UK club scene, Fakir (Noise Destruction), Forest People and Spark.

Conference “Informed Citizen – Accountable Government”

Povodom 28. septembra, Međunarodnog dana slobode pristupa informacijama, Transparency International Bosne i Hercegovine (TI BiH) u saradnji sa Ministarstvom vanjskih poslova...

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Conference “Informed Citizen – Accountable Government”

Banja Luka, 26 September 2012 –

On the 28th September, the International Freedom of Information Day, Transparency International Bosnia and Herzegovina (TI BiH) in collaboration with the Ministry of Foreign Affairs of the Kingdom of Norway, is organizing the conference “Informed Citizen – Accountable Government.”

The right of free access to information has been regarded as one of the fundamental human rights in all democratic countries and is guaranteed by all relevant international documents prescribing fundamental human rights. Without free access to information responsible and democratic governance cannot be imagined, as well as the participation of citizens in decision-making processes. In the past ten years, BiH and the Western Balkans region have moved a long way in the implementation of the right of Access to Information. After the adoption of the legal framework and defining of legal mechanism for access to information, there have still been existing significant challenges in realizing this right.

In accordance, the conference will serve as an opportunity to summarize the current state when it comes to the application of the right of Access to Information and public participation in decision-making in the country and the region, and provide appropriate recommendations based on past experience of the state institutions, civil society organizations and the media.

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