Analysis of TI BiH: BiH Took a Step Back in Relation to 14 Priorities in Numerous Segments

Banja Luka, July 26, 2023 – Only one of the 14 priorities from the European Commission’s Opinion on Bosnia and Herzegovina’s application for EU membership has been fully met, namely the one related to the formation of the Parliamentary Committee for Stabilization and Association, which does not meet, while only five priorities were realized partially, with a general deterioration in many issues concerning democracy, human rights and the functioning of institutions, shows the analysis conducted by Transparency International in Bosnia and Herzegovina.

The report Process of BiH Integration into the EU, which analyzes the implementation of reforms, shows that, since the adoption of the Opinion in 2019, BiH has regressed in many segments that are contained in the 14 priorities from the Opinion of the European Commission for EU membership, and the most worrying is the regression in the area of basic rights, especially on issues related to the creation of a favorable environment for civil society, the provision of guarantees and protection of journalists and the financing of public broadcasting services.

Regression in many areas

BiH has not only regressed in certain segments relevant to the fulfillment of priorities on the path to EU membership, but institutions at all levels have initiated processes of denying basic human rights, the consequences of which will be suffered by all citizens, which is most clearly illustrated by the changes to the Criminal Code of the Republic of Srpska which, in an atmosphere of lynching, verbal and physical attacks against journalists and through problematic procedures, once again recognized defamation as a criminal offense in this entity.

Similar negative tendencies are also visible in the rest of the country, in the form of the Draft Law on offenses against public order and peace of Sarajevo Canton, which if adopted under the pretext of fighting fake news, could open up space for restrictions on freedom of speech and censorship, exposing the government’s intentions throughout Bosnia and Herzegovina to suppress criticism and silence citizens, the media, the opposition and non-governmental organizations that point to corruption.

In the area of democracy and functioning of the government, one priority related to the formation of the Parliamentary Committee for Stabilization and Association has been achieved, while in other segments this area has significantly regressed due to political obstructions. This primarily refers to the problem of non-implementation of the decisions of the Constitutional Court, questioning of its competences, threats of a complete suspension of the dialogue with the EU and the application of the SAA, and blocking of the work of institutions thanks to political decisions that come mainly from the Republic of Srpska.

Some progress has been recorded in the areas of border and migration management capacities, while the adoption of amendments to the Law on Public Procurement of BiH is often mentioned as the one priority fulfilled, although these amendments did not ensure the strengthening of competences and capacities for the supervision of public procurement, which is the essence of this proposal that the EU insists on. However, in the area of the rule of law and the fight against corruption there is generally a noticeable setback, and key laws have not only not been adopted yet, but attempts are being made to adopt solutions that are worse than the existing ones.

In this segment, the Law on the Conflict of Interests of BiH has not yet been adopted, and the fact that the protection of individual interests and not the progress on the European path is the main goal of the authorities in BiH, is most blatantly shown by the express adoption of amendments to the Law on the Prevention of Conflicts of Interests of the RS, which actually legalize certain forms of conflicts of interest, and which occurred after TI BiH reported the adviser to the President of the RS, Milan Tegeltija, for a conflict of interest.

Funds for the Indirect Taxation Authority building approved, laws not

Yesterday’s decision of the BiH Council of Ministers, which, according to the media, withdrew the Draft Law on Prevention of Conflicts of Interest in the Institutions of BiH and the Draft Law on the Courts of BiH, while the decision was made to approve the funds for the ITA building in Banja Luka, only confirms the allegations of the analysis and shows the attitude of the ruling coalition at the BiH level towards key reforms, which have been marked as urgent for years.

In addition, the proposed solutions also showed shortcomings, so the Draft Law on Conflict of Interest does not provide an adequate status and independence of the Commission and leaves a wide space for the interpretation of sanctions for certain misdemeanors, while the Law on Courts seeks to narrow the jurisdiction of the Court of Bosnia and Herzegovina for the prosecution of corruption and organized crime. On top of all that, the Law on Freedom of Access to Information, which is in parliamentary procedure, does not guarantee the independence of the Appeals Council, and its application will be meaningless with a large number of exceptions.

All the examples stated above serve as an indicator that the authorities in Bosnia and Herzegovina only show the appearance of progress and “reform momentum”, while real progress is not a priority, especially in relation to the interests of the parties, the personal interests of their leaders and the increasingly pronounced authoritarian tendencies and laws that deny freedom to citizens .

Press rls_26.07.23_