Annoucments

Instead of improving, the BiH Ministry of Justice is proposing a new politicization of the implementation of the Law on Conflict of Interest

Press releases ● 28 December 2020

Although the improvement of the Law on Conflict of Interest is one of the 14 key priorities on the road to the EU, the Ministry of Justice is proposing a draft that in some provisions represents a step back from the existing one, and establishing a body that will be under political control again.

Banja Luka, December 28, 2020 – The Ministry of Justice of Bosnia and Herzegovina has sent for public consultations a draft of the new Law on Conflict of Interest of BiH, which in some parts establishes even lower standards than those we have now. Thus, BH officials are allowed to be owners or directors of private companies that receive tenders or to lead associations that receive money from the budget if the money and tenders come from lower levels of government.

Instead of the current provision of the law which says that BH officials cannot be part of the management of private companies that do business with “budget-funded institutions at any level of government”, the Ministry of Justice proposes a ban only on private companies that receive incentives from the BiH budget. BH institutions . This practically means that public officials from the state level will be able to be in the administration or be the owners of private enterprises that conclude deals at entity, cantonal and local institutions. Such a thing leaves a huge space for using political influence on institutions to realize the benefits of a private company in which the holder of public office has a financial interest.

A step back has been made in the part of the law that now prohibits BH officials from leading associations and foundations that receive money from the budget from any level of government because it is proposed that the ban apply only to associations financed from the BiH budget . Due to this situation, HDZ leader Dragan Covic found himself in trouble, because the HNS, whose president is receiving money from lower levels of government, and because of his case, the work of the Commission for Deciding on Conflict of Interest has been blocked since 2017. .

Also, if the proposal of the Ministry of Justice is adopted, not only can the blockade and political pressure on the Commission for Deciding on Conflicts of Interest continue, but its independence is not guaranteed, as it is suggested that future members may be party figures but cannot be members of the “governing body of the parties six months before the submission of the application for the public invitation for membership in the commission”. TI BiH reminds that ensuring the independence of the body implementing the Law on Conflict of Interest is one of the key international recommendations, and that it was especially emphasized through GRECO reports.

An additional problem is that the sanctions proposed for violating the law are not disincentives, because the monetary sanctions for certain violations are much lower than the possible benefits from a conflict of interest situation. Thus, for example, for violating the provisions on engagement in private companies, only a sanction of up to 2,000 KM is envisaged, while the total range is up to 10,000 KM. Some provisions are also illogical, so for example it is stated that in the case when an official who has been determined to be in a conflict of interest continues to violate the law, the commission imposes a “ban on further violations of the law “, while continuing to impose sanctions.

In some parts, the law represents progress because it stipulates that membership in the management or supervisory board of a public company is incompatible with performing a public function. However, this ban does not apply to membership in the management of public institutions, which can also lead to conflicts of interest, and the Register of Public Officials recently published by TI BIH showed that many officials run public institutions at different levels of government.

TI BIH sent comments to the Ministry of Justice on the draft stating that it does not meet international standards. Although the improvement of this law is one of the 14 key priorities set by the EU before BiH, the proposed solution represents a setback in some provisions and in relation to the existing law.

Four years ago, Transparency International in BiH initiated the adoption of the Law on Prevention of Conflicts of Interest, which is in line with international standards and assessed positively by GRECO, EU, OSCE and other international organizations, but due to numerous obstructions it was never adopted by procedures for three .

Instead of such a draft, the Ministry of Justice decided on a solution that does not meet international standards in many segments. Given that its improvement is one of the key priorities on the European path of BiH, TI BiH expects a clear message from the EU that the adoption of such solutions will not be considered fulfillment of conditions.

Otherwise, space will be opened for the BiH authorities to adopt even worse legal solutions under the guise of fulfilling their priorities, and instead of improving, they will additionally derogate from the legal and institutional framework for preventing corruption.

Press rls_13.1.2021.

Regional report on corruption in the defense system published: BiH has made progress, the greatest risk in public procurement

Press releases ● 23 December 2020

Banja Luka, 23. December 2020 – Bosnia and Herzegovina has made some progress in the fight against corruption in the defense and security system, but public procurement remains a huge risk of corruption. This was assessed in a study published by Transparency International Defense & Security for 15 countries in Central and Eastern Europe. (more…)

TI BIH published the Register of Public Officials in BIH: 61 officials perform double functions

Press releases ● 17 December 2020

In Bosnia and Herzegovina, 61 officials at the state, entity and cantonal levels currently hold additional positions in institutions, public institutions and public enterprises, and many of them are in direct or partial conflict of interest.

The Register of Public Officials presented today by Transparency International in BiH (TI BiH), which currently includes data on 763 office holders, shows that many of them hold two or three positions in the public sector where their private interests often intertwine with public ones. . These data clearly show the need to improve the law on conflict of interest, which is one of the 14 priorities of BiH on the European path. (more…)

Transparency International in BiH represents the Register of Public Officials

Press releases ● 16 December 2020

Transparency International in Bosnia and Herzegovina (TI BiH) will hold a press conference on 17. December at 11:00 am at the Hotel Europe in Sarajevo (Atrium Hall), where the first register of public office holders will be presented. (more…)

TI BiH: The state of corruption is getting worse, institutions are devastated

Press releases ● 09 December 2020

On the International Anti-Corruption Day, Transparency International in BiH warns that further setbacks will lead to complete lawlessness and the collapse of institutions, and that urgent pressure must be put on reforms in the areas of justice, conflict of interest, public procurement, electoral system and political party financing. .

(more…)

TI BiH: The latest affair confirms – vetting procedures are the only solution for the judiciary

Press releases ● 27 November 2020

The judiciary is in a deep crisis that can only be cured by radical reform measures such as disbanding the current HJPC, introducing vetting procedures or re-evaluating all judges and prosecutors, and enacting a set of new regulations to ensure integrity and accountability. (more…)

JOINT RESPONSE OF CIVIL SOCIETY ORGANIZATIONS: Suspension of democratic will of citizens – absolutely unacceptable

Press releases ● 26 November 2020

Civil society organizations from Banja Luka, gathered in the initiative The reaction , in this way, strongly condemns the announcement by Milorad Dodik, Chairman of the Presidency of Bosnia and Herzegovina and President of the Alliance of Independent Social Democrats (SNSD) that he will change The Law on Local Self-Government in the Republika Srpska in the sense that greater powers will be given to the parliamentary majority in local communities. The announcement comes after the SNSD president expressed his dissatisfaction with the election results regarding the election of the mayor of Banja Luka. The Reaction Initiative believes that the threats of the SNSD president by denying economic support to local communities in which the government did not provide his party are an absolutely unacceptable way of political communication, which is also characteristic of totalitarian regimes. (more…)

Significant ruling in favor of TI BiH – FBiH Banking Agency is a public body and has not proven why the salaries of its employees should not be published

Press releases ● 20 November 2020

TI BiH requested information from the Agency on employees’ salaries and related benefits. The agency refused to submit them, claiming that there was no public interest, and that they, as a self-financing body, were not obliged to apply the Freedom of Access to Information Act. (more…)

The parties spent at least 5.9 million KM on TV and billboards alone, an increase in the misuse of public resources

Press releases ● 12 November 2020

During the election campaign, political parties in Bosnia and Herzegovina spent at least 5.9 million KM on advertising in electronic and print media and billboards, according to preliminary results of monitoring conducted by Transparency International in BiH (TI BIH). Out of that amount, advertising on television and in print media cost 2.2 million KM ¹ . In the 70 local communities covered by TI BIH through monitoring, the parties spent at least 3.7 million KM on billboard advertising.
SNSD (1.36 million KM), SDA and PDP (800 thousand KM each), SDS (about 600 thousand KM), United Srpska (over 370 thousand KM) and SDP (over 310) have spent the most money on this type of advertising so far. thousand). On the other hand, no party in BIH submitted, at the request of TI BIH, a plan of election campaign expenses that were reported in the amount of over 10 million KM for the last elections.
According to the estimates of the observed sample, the costs of outdoor advertising in other municipalities, internet advertising, production of advertising material, as well as the costs of pre-election rallies, which were held in large numbers despite the measures banning gatherings, should be added to the amount. bigger. TI BIH observers have so far watched 974 pre-election rallies, and parties have distributed gifts or other benefits to voters 140 times, such as free transportation for all citizens of Brcko during the Socialist Party’s campaign or free serological tests by SNSD Banja Luka.

2481 cases of use of public resources were recorded

In a little less than 3 months, TI BIH observers also recorded 2481 examples where public resources were used for the election promotion of parties and candidates. The largest number of abuses refers to the intensification of public works in the pre-election period, because a total of 983 cases were recorded in three months, of which 46% were recorded in the last month during the election campaign. The largest number of these works was recorded in Zenica, Banja Luka, Doboj and the municipalities of Stari Grad and Novi Grad in Sarajevo.
Also, a total of 21 examples of paid advertising of institutions promoting candidates were recorded, and the CEC imposed fines for premature campaigns in cases where Bijeljina and Banovici paid election promotions to current mayors from the budget. The last such case was recorded in Banja Luka, where a pre-election poster of the director of that company, who is also a candidate for councilor, appeared on a billboard leased by JP DEP-OT for a year. After the request of TI BIH, the billboard was removed, the company’s advertisement was returned and the case was reported to the CEC.
During the campaign, in 32 cases, the equipment of public companies and institutions was used to place party posters and organize pre-election rallies. In Bugojno, workers of the public utility company put up posters of SDA candidates, and workers of the electricity distribution in Bijeljina and Celinac put up posters of the SNSD.
TI BIH observers recorded 270 examples of the distribution of special incentives and subsidies, most often related to one-off payments timed for the pre-election period. For example, the Municipality of Ugljevik granted a one-time aid of 100 KM for 350 pensioners, the Municipality of Pale allocated 20,000 KM from the budget reserve for the most vulnerable pensioners, the Municipality of Centar Sarajevo distributed a one-time aid to war invalids of 50 KM, in Foča assistance to pensioners of 50 KM, and the parties regularly boasted about such allocations on their pages as part of the campaign. .
So far, TI BiH has submitted 94 reports to the CEC related to violations of the Election Law and the Law on Financing of Political Parties. According to the reports of TIBIH, the CEC has so far imposed 44 fines in the total amount of 45,000 KM due to the premature campaign, and the outcome of other reports is still pending. Applications related to the financing of the campaign with public funds will only be subsequently subject to revision by the CEC.

Candidates attended free mammography examinations

In the past three months, 86 examples of providing free check-ups, medicines, travel and discounts on public services were recorded in 70 local communities. The current mayor of Doboj, Boris Jerinić, who is again a candidate for that position, along with five other candidates and officials of his party, attended the free mammography examinations organized at the Doboj Health Center. The same case was recorded in Bijeljina, where free mammography examinations were attended by Mayor Mićo Mićić and councilor candidate Igor Novaković. The Mayor of Centar, Nedžad Ajnadžić, handed out free tickets for the Trebević cable car to the users of the Center for Healthy Aging, and in Prijedor, a member of the Presidency of BiH, Milorad Dodik, handed out decisions on land legalization.
There were also 35 cases of mass employment in public institutions. We single out the example in Gacko, where during the campaign the municipality announced a competition for the admission of 18 trainees at the same time as the mayor in the pre-election debate officially announced that 30% of workers in the municipal administration are redundant.
In the past three months, TI BIH observers covered 945 public events organized by institutions and public companies, and 62% of these events were addressed by candidates in local elections, which clearly shows their purpose. Out of that number, 226 public events were organized on the occasion of the opening of infrastructure facilities, which speaks volumes about the scale of the use of public resources in the campaign and the increase in public spending for the purpose of pre-election promotion.
The data presented by TI BiH are preliminary estimates, and TI BIH will present a final report which, in addition to the above data, will include estimates of the costs of holding election rallies and other costs of the parties in the campaign. The data will be compared with the financial reports of political parties to determine whether the parties are reporting actual expenditures, and whether they have reported all sources of revenue.
TI BIH data again point to abuses of public resources without sanctions, because the legal framework did not clearly define measures to prevent such occurrences, and again show the need for urgent amendments to the Election Law and the Law on Financing of Political Parties, which would impose restrictions on misuse of public funds. in the campaign, and separated party and public functions.

¹ The monitoring includes 12 TV stations (BHT, FTV, RTRS, FACE TV, Hayat, TV BN, ATV, N1, NOVA BH, K3, ALFA TV, O KANAL) and 34 print media from all over Bosnia and Herzegovina.

Press rls – 12.11.2020

TI BiH warns: Abuse of the name of the organization when reporting election irregularities

Press releases ● 10 November 2020

Transparency International in Bosnia and Herzegovina (TI BiH) warns the public and all competent authorities about the misuse of the organization’s name and false representation. On September 30, 2020, unknown persons submitted a report from the e-mail address Transparency.International@europe.com to the Central Election Commission (CEC) against the candidate of the Independent List of Bosnia and Herzegovina for mayor of Zavidovići, Hashim Mujanović, falsely posing as “Transparency International in Bosnia and Herzegovina”. (more…)

The Agency for Personal Data Protection claims that publishing the list for voting outside BiH was not necessary to prevent election fraud.

Press releases ● 30 October 2020

Since the publication of the list, TI BiH has received numerous reports from citizens who complain about the misuse of their data in the context of election fraud, so it appeals to the competent institutions to publish clear instructions to citizens who find themselves in this situation .

Banja Luka, 30. October 2020 — The BiH Agency for Personal Data Protection claims that publishing excerpts from the Central Voters’ List for voting outside BiH “was not a necessary measure in a democratic society to prevent electoral fraud.” This is stated in the Agency’s response to a letter recently sent by Transparency International in BiH (TI BiH), in which the Agency asks for the protection of citizens whose data have been misused to vote from abroad.

The Agency’s decision to order the Central Election Commission (CEC) to remove the list for voting outside BiH provoked numerous reactions, because its publication revealed numerous fictitious reports and mass misuse of data by BiH citizens. However, in response to TI BiH, the Agency claims that there are other “less intensive ways of processing personal data to prevent election fraud”, without stating exactly which one, does not want to raise the issue of abuse, and reminds that every citizen can request written access to the Central Voters Register.

The agency states in the letter that in 2012. discovered one case of misuse of personal data for voting from abroad, identified deficiencies in regulations that have not been changed to date and has not acted on citizens’ reports since then, but forwards them to prosecuting authorities.

At the same time, the letter does not specify what mechanisms will be provided to citizens to protect their rights. The agency states in the letter that it is not competent to determine specific decisions for the CEC, although according to the Law, in addition to the authority to ban data processing, it can also issue regulations and guidelines on how to process data. Therefore, in response to the Agency, TI BiH emphasized that this position of the Agency does not contribute to a constructive solution to the problem, and deviates from the provisions of the Law on Personal Data Protection of BiH, which allows the right to personal data processing without the consent of the holder. if it is necessary in order to fulfill the public interest or if the protection of legal rights is necessary , one of which is certainly the right to vote.

Therefore, TI BiH called on the Agency, in cooperation with the Central Election Commission, to find a solution to this problem in order to determine the mechanisms for verifying and detecting identity theft in the election process. Since the publication of the list, TI BiH has received numerous reports from citizens who complain about the misuse of their data in the context of election fraud, so at the same time it appeals to the competent institutions to publish clear instructions to citizens who find themselves in this situation. .

Response of the ZZLP Agency

Press rls 10/30/2020

TI BiH response to the ZZLP Agency

TI BiH warns: The proposal of the Law on Conflict of Interest is meaningless with amendments

Press releases ● 14 October 2020

If the amendments to the proposal on the Law on Conflict of Interest are adopted, Bosnia and Herzegovina will get a worse law than the existing one, although its improvement is one of the main priorities on the European path.

(more…)

TI BiH presents monitoring results: Over 1,400 cases of misuse of public resources for the election campaign recorded in two months

Press releases ● 13 October 2020

At the press conference, TI BiH presented the mobile application Reflektor, which will now enable citizens to anonymously report all forms of election irregularities. (more…)

TI BIH wrote to the Agency for Personal Data Protection: Protect citizens whose data has been misused to vote from abroad

Press releases ● 10 October 2020

Publishing the list of voters registered to vote from abroad is in the public interest, as it revealed numerous irregularities and was the only way to identify abuses in the registration process, which the Agency apparently neglected when making the decision to ban its publication.

Banja Luka, 10 October 2020 – Transparency International in BIH (TI BIH) informed the Agency for Personal Data Protection of BIH that it has recently received numerous reports from citizens whose data have been misused to vote from abroad. After the CEC made public the list of voters registered for this type of voting for the first time, many citizens discovered that their data had been misused, in a way that they were registered to vote abroad without their knowledge, and the list helped the media discover numerous cases of mass abuse. The CEC data on over 3,500 complaints received in the first days after the publication of the list clearly shows that this is a mass phenomenon with the intention of manipulating the election process, so the Agency must investigate these cases and provide mechanisms to verify and detect identity theft.

The responsibility of this institution was further increased after the decision ordering the CEC to remove the Excerpt from the Central Voters’ List from abroad. Given that the publication of this list revealed numerous irregularities, and was the only way to determine abuses in the registration process, it is clear that the public of the list is in the public interest, which the Agency obviously did not appreciate when making this decision. Therefore, TI BiH calls on the Agency to urgently find mechanisms to protect citizens, and taking into account that there are only a little more than a month left until the local elections.

According to the reports that TI BIH has received so far through the Center for Free Legal Aid, it can be concluded that personal data of citizens are most often misused in the election process by individuals, who in the past collected data from citizens misleading them. in connection with the actual purpose of their processing.

The Election Law clearly states that the Central Voters’ List and excerpts from it are public documents. On the other hand, the goal of the BiH Law on Personal Data Protection is, among other things, to ensure the protection of human rights and fundamental freedoms, which include the exercise of suffrage, which is serious for the misuse of citizens’ data questioned.

A new report from the European Commission calls for urgent measures for the judiciary – Vetting procedures are the only solution

Press releases ● 08 October 2020

TI BiH believes that it is high time to put the judiciary under special scrutiny with international support and to create an architecture for vetting procedures that will check all judges and prosecutors, their property, knowledge and competencies, and especially their links to corruption and organized crime. .

(more…)

International Freedom of Access to Information Day: Epidemic slows down institutions, shifts in transparency insufficient

Press releases ● 28 September 2020

COVID-19 slowed down the work of institutions, so they waited for access to certain information for more than five months, while it was impossible to access information on the conditions under which donated medical care is stored. (more…)