Draft Law on Solidarity Fund does not Provide Transparent Allocation of Funds

Banja Luka 13^th June 2014 – Transparency International Bosnia and Herzegovina (TI BiH), Helsinki Citizens’ Assembly (HCA), Center for Environment and Ostra Nula have sent to the Parliamentary Assembly of the Republic of Srpska their comments on the draft Law on Solidarity Fund for restoration of the Republic of Srpska, although the Law came to the Parliamentary Assembly of the RS in emergency procedure without the possibility of public debate.

The comments and suggestions submitted by these organizations stated a need for detailed definition of the criteria for allocation of funds and restoration of damage in the Law itself, instead of leaving the space for the Government to define these provisions subsequently. Conditions, modes, procedures, form and extent of the use of funds for restoration of damage should be proscribed by the Law rather than by subsequent decisions of the Government, in order to avoid discretion in regulating these procedures and their arbitrary interpretation. The fact that the Board of Directors of the Fund has been mainly consisted of the Government representatives enables the Government to have monopoly over the decision- making process, while on the other side citizens and civil sector are not allowed to monitor and influence on decision-making process.

Not only that the terms in the Law and the procedures for evaluation and restoration of the damage have been vaguely defined which may lead to arbitrary decision-making, but also the Draft Law does not guarantee transparency of the allocation of funds and decision-making. Therefore, the organizations have clearly stated the need for timely publication of detailed lists of all individual payments and donations to the account of the Fund, as well as the lists of all individual expenditures  in order to ensure the transparent work of the Fund.

TI BiH, HCA, Center for Environment and Ostra Nula remind that the resources at the disposal to the Solidarity Fund are intended to help those affected by the floods, and that it must provide fair and transparent allocation of funds and avoid any potential abuse. Unfortunately, the proposed solutions that have been sent to the Parliamentary Assembly of the RS, leave too many possibilities for arbitrary interpretation and allocation of funds, and do not give citizens a guarantee that the funds would actually be allocated to those in greatest need.

Draft Law on Solidarity Fund does not Provide Transparent Allocation of Funds