Press releases

TI BiH: 10.8 million BAM was spent on the election campaign. Parties continue to misuse public resources with impunity

Press releases ● 03 October 2024

Sarajevo, October 3, 2024 – Transparency International in Bosnia and Herzegovina presented results of the monitoring of election campaign expenses, which show that until October 1, the parties spent about 10.8 million BAM on billboards, advertisements in the media (television and print media), Meta companies ads and election rallies. The largest amount was spent by SNSD (1.6 million BAM), followed by SDA (1.3 million BAM), SDP BiH (1 million BAM), PDP (713 thousand BAM) and HDZ (643 thousand BAM). Most was spent on advertising on billboards (about 6.2 million), followed by pre-election rallies (2.6 million), while the value of advertising in the largest media is 1.6 million BAM. Additionally, according to data from the company Meta, 254,000 BAM have been spent on online ads through Facebook, Instagram, and Whatsapp so far.

These amounts represent only part of the costs, as they do not include the costs of advertising and pre-election rallies at the end of the election campaign, as well as other forms of advertising that cannot be estimated, such as the costs of Google ads, for which there is no open data. According to the new provisions of the Election Law, the parties were obliged to transfer all funds for campaign financing through a special account, and three days before the day of the election, submit to the CEC a final report on all transactions from that account, which includes sources of funding. TI BIH previously indicated that in previous years the parties reported significantly lower campaign expenses than those determined on the ground, because most did not have legal sources with which they could justify the millions.

More on the topic of financing and campaign costs in the dedicated text on Transparentno.ba

Party characteristics and signs on road opening, over 2,500 examples of misuse of public resources

In the last 3 months TI BIH observers recorded  over 2570 examples that can be characterized as the use of public resources for the election campaign or as a direct violation of the election legislation. 123 complaints were submitted to the competent institutions, and the Central Election Commission has so far imposed 18 sanctions in the total amount of 115,500 BAM, based on the complaints of TI BiH. These fines mostly relate to the premature campaign, part of the reports have not yet been acted upon, while numerous cases of misuse of public resources continue to go unpunished.

TI BIH already pointed to numerous examples of indirect vote buying through the distribution of one-time subsidies, through which approximately 60 million marks were distributed in the last three months, from all levels of government. Nevertheless, the CEC took the position that all one-time payments before the elections, which the government claims were planned in the budget, do not represent misuse of public resources, so numerous applications to TI BiH were rejected. In the campaign itself, the Government of the Brčko District allocates a one-time aid of 100 BAM to all pensioners, while the Government of Herzegovina-Neretva Canton gave 1,000 BAM to 5,700 budget beneficiaries. During the campaign itself, the President of the Republic of Srpska distributed 56 contracts on the allocation of small livestock to returnees in the Una-Sana Canton, while the Government of the Zenica-Doboj Canton allocated 200 BAM for over 8,100 budget beneficiaries.

The CEC has so far received a total of 140 reports for misuse of public resources, and by the beginning of the last week of the campaign, only 7 sanctions were issued, most of which were for misuse of means of communication and posting on social networks. In one of the most recent cases, the Mayor of Banja Luka was fined for promoting the distribution of cards for free transport to pensioners, although on the same basis the CEC had previously rejected the TI BIH complaint, and then conducted proceedings again for the same matter upon the application of another entity and imposed a sanction of 15,000 BAM.

The CEC also made a controversial decision on the complaint of TI BiH against SNSD, contested by the Court of Bosnia and Herzegovina, relating to promotion of the party at a series of gatherings near Banja Luka called “Krajiško veče”. In the original decision, the CEC thought it is not problematic that the speakers at these gatherings called for voting for the candidates of this party, but after the court’s decision, in a repeated procedure, a sanction was imposed for premature campaigning. It is particularly controversial that we do not know who pays for these manifestations, held before every election and represent a standard form of SNSD campaign.

In the campaign itself, the practice of electoral promotion through infrastructure projects continued, and the value of the started and completed works in addition to several larger projects in this pre-election period amounted to 589 million BAM. TI BiH also submitted new complaints to the CEC in numerous cases where these works were presented as a success of a party, but sanctions were imposed only because of a premature campaign. One of the recent reports refers to the NES candidate in Zavidovići, whose election poster was on the trucks paving the local roads. The Mayor of Žepče opened a local road before the pre-election rally, and at the event itself there were numerous HDZ symbols, even though the Election Law clearly prohibits campaigning at institutional events.

A complaint was filed against the Minister of Health of the Bosnian-Podrinje Canton, who is also a NIP candidate for the mayor of Goražde, for promoting free examinations with the logo of a political party, while a case from the Hospital “Srbija” in Stanari was reported to the CEC, where pre-election materials of the Ujedinjena Srpska were distributed at the patient reception desk. TI BiH has already informed the public about the reports against BiH Minister of Security Nenad Nešić because of the video in which he promises the voters in Visegrad to help candidates from this municipality in competition in police agencies “regardless of whether they are from SNSD or DNS. ” The report was also filed against Milorad Dodik for his speech at a pre-election rally in which he warned voters who do not vote for his party’s candidate “that they will have reduced life chances if they need surgery.”

47 examples of abuse of children for political purposes, 79 cases of increased employment before the elections, 77 examples of providing special benefits in the form of free examinations, public transport or other public services in the pre-election period were recorded. According to TI BiH reports, 41 persons were removed from the list of presidents of election committees and their deputies who were found to be connected to political parties, while the CEC refused to remove over 160 persons for whom TI BiH submitted evidence of their connection with political parties. It is evident that technical changes to the Election Law alone did not give the expected results in practice, both in punishing the abuse of public resources and in preventing the establishment of party control over election committees.

The Unsatisfactory Implementation of the Law on Freedom of Information Threatens Transparency in Bosnia and Herzegovina (BiH).

Press releases ● 27 September 2024

Sarajevo, September 27, 2024 – Delays in responding, providing incomplete answers, or delivering information in a format not stipulated by law are just some indicators of the careless and arbitrary implementation of freedom of information laws in Bosnia and Herzegovina. As a result, citizens face significant obstacles in accessing data that is inherently public.

Nearly half of public authorities fail to respond to requests for free access to information within the legal timeframe, and only slightly more than a third of institutions—140 out of 394 surveyed—provided all the requested data within the legal deadline. These findings were presented today in Sarajevo as part of the International Day for Universal Access to Information.

“Access to information is a key indicator of a country’s level of democracy and a mechanism that allows citizens to participate in public processes,” stated Aurélie Valtat, Head of the European Integration, Political, and Economic Affairs Section at the Delegation of the European Union to BiH, during her address at the opening of the conference “Challenges of Access to Public Information in BiH: From Adoption to Implementation of the Law.”

“Freedom of access to information is one of the foundations of transparent and accountable public administration, as well as a cornerstone of the EU’s principles. Progress in this area is one of the most important aspects for the development of democracy,” Valtat added.

The research, conducted by Transparency International in BiH in collaboration with the organization “Vaša prava” Bosnia and Herzegovina as part of the project “Access for All – Strengthening Access to Information for Citizen Participation,” with support from the Delegation of the European Union to BiH, covered 394 public authorities at all levels of government in Bosnia and Herzegovina. The requested information included data on salary allocations, employment in 2022 and 2023, and service contracts concluded over the past three years.

The data indicate that public authorities most frequently justify their refusal to provide information by citing the protection of personal data. This is particularly evident in cases involving the details of service contracts, where most institutions claimed that such information was not of public interest. This stance persists despite legal provisions and interpretations by the Personal Data Protection Agency of BiH, which state that the earnings of employees in public institutions do not enjoy the same level of privacy protection.

The research revealed a noticeable difference in the responsiveness of various levels of government in Bosnia and Herzegovina. Ministries at the state level responded within the legal timeframe in 88.9% of cases, while only 68% of cantonal ministries provided timely responses. The data also show that disputes over violations of freedom of information laws are resolved within one to two years on average, though significant variations exist. For instance, the Cantonal Court in Novi Travnik issued a decision in just one month, whereas the Cantonal Court in Sarajevo took four years to rule on a case filed in January 2019.

“The goal of the law on freedom of access to information in BiH is to ensure that information under the control of a public authority represents a public good and to promote greater transparency and responsibility of those public authorities, while the analysis of the application of this law shows that this is not the case,” said Marko Vujić, legal aid associate in TI BiH ALAC.

In the past five years, TI BiH initiated 93 administrative disputes against public authorities due to violations of the law on freedom of access to information, and the fact that 86% of resolved cases were in favor of Transparency International in BiH indicates that public authorities improperly apply the law, undermining the importance of the public interest when deciding not to publish the information requested of them.

This research confirms the previous findings and analyzes of TI BiH where public bodies show an unsatisfactory level of transparency and protection of public interest, creating legal uncertainty in the process of obtaining public information. TI BiH previously indicated that after the adoption of four reform laws important for Bosnia and Herzegovina’s European path, among which is the new Law on Freedom of Access to Information at the level of BiH, the publication of data of public interest was not accelerated and no positive developments were recorded.

“TI BiH: The Central Election Commission (CEC) does not penalize the misuse of public resources, the Office of the High Representative (OHR) refuses to provide an authentic interpretation of the Election Law.”

News ● 05 September 2024

Sarajevo, September 5, 2024 – In the past two months, Transparency International in Bosnia and Herzegovina (TI BiH) has submitted 90 reports related to violations of election legislation. So far, the Central Election Commission (CEC) has imposed 14 sanctions based on TI BiH’s reports, totaling BAM 59,500 , mostly concerning premature campaigning, while sanctions for the misuse of public resources are still lacking. During the two-month pre-election period, through one-time payments to pensioners and other categories, typically of BAM 50, 100, or 200, all levels of government distributed around 53 million BAM, according to TI BiH data.

Despite the fact that the law has, for the first time, prohibited the indirect buying of votes through this type of one-time assistance to citizens, no one has yet been sanctioned under this provision. Only regular budget subsidies are exempt from this ban, but CEC has taken the position that all subsidies are considered regular if ‘paid from budgeted items,’ making it unlikely anyone will be sanctioned if this practice continues.

Since the announcement of the elections, the CEC has received a total of 70 reports from TI BiH and other entities regarding the misuse of public resources, many of which remain unresolved, and only two sanctions have been imposed, both for the misuse of communication resources. Because of this, TI BiH requested an authentic interpretation from the Office of the High Representative (OHR) back in July, which responded by stating that the interpretation of the law falls under the jurisdiction of the CEC.”

“Although we do not believe that the institute of authentic interpretation should be used in democratic systems, we remind that the amendments to the Election Law were imposed and not adopted through democratic processes and public discussions. Therefore, the OHR should show a minimum level of responsibility to ensure their adequate interpretation and application. Otherwise, it opens the door to inappropriate influences on the application of the law and arbitrary interpretations of these provisions, which significantly undermines their purpose and effectiveness,” stated Ivana Korajlić, Executive Director of TI BiH.

TI BiH has already pointed out numerous examples of one-time payments before elections, with the most recent examples including one-time assistance of BAM 100 to pensioners in Tuzla Canton and Bratunac, aid to students in Foča, Ljubuški and Ugljevik, as well as the distribution of ‘friendship cards’ for pensioners and free land plots for young people by the Mayor of Banja Luka. It should also be noted that the Government of the Federation of Bosnia and Herzegovina (FBiH) has announced a budget rebalancing during the election campaign and one-time assistance of BAM 100 and 200 to all pensioners, which was also done before the General Elections in 2022.

TI BiH has also published an interactive map identifying 593 examples of pre-election activities that started or were opened in the past two months, with a total value of 569 million BAM. The CEC has so far imposed sanctions on parties that boasted about pre-election works in the context of premature campaigning, while TI BiH is still awaiting decisions on a complaint against the state minister Sevlid Hurtić, who conducted an election campaign and took photos of public works financed at the local level in Doboj. Additionally, the CEC has been notified of a case involving the paving of local roads using funds from Forestry Romanija Sokolac, as these public works are being used for direct election campaigning by the company’s director, Strahinja Bašević, who is a candidate for mayor.

The practice of incumbency campaigning has continued, with TI BiH observers monitoring 350 events organized by public institutions over the past two months. At more than 75% events, election candidates were present, and 14% of the events featured political messages, which, according to the law, is also considered misuse of public resources. Decisions are still pending on complaints against the representative in the National Assembly of the Republic of Srpska (NSRS) and the SNSD list leader in Banja Luka, Vlado Đajić, who sent out pre-election messages at several public events. This candidate, as in the previous election cycles, has begun premature campaigning through billboards offering free medical check-ups to pensioners.

There have also been recorded cases of pre-election promotion, including the mayor of Vukosavlje at the ‘Gastro Fest’ in this municipality, the mayor of Ustikolina at a concert marking the municipality’s day, and the mayor of Gornji Vakuf and a minister from the Government of the Central Bosnia Canton (SBK) through the placement of posters at a football tournament.

There have been 41 documented cases of the misuse of children for political purposes, with 21 cases on the first day of school alone, where officials misused primary school students for their own promotion and election campaigning. Additionally, there have been 72 cases of increased hiring before the elections, 101 examples of premature campaigning, and 67 cases of providing special benefits in the form of free medical check-ups or other public services during the pre-election period.

There are also 14 examples of paid advertising by institutions promoting candidates, as well as the use of communication resources for election campaigning, which is prohibited by law. Notable examples include the mayors of Gradiška and Konjic, who use videos and other forms of campaigning to promote the achievements of their current city administrations.

TI BiH has long highlighted the problem of electoral conditions in Bosnia and Herzegovina, as the unpunished misuse of public resources gives a significant advantage to incumbent candidates. The recent amendments imposed by the High Representative have only partially sanctioned these abuses, but due to the lack of interpretation and narrow application, these provisions have not yet produced the expected results.

One positive aspect to mention is the increased interest of citizens in the electoral process. TI BiH has received 878 citizen reports through the Reflektor app regarding attempts to establish political control over election boards, premature campaigning, and misuse of public funds.

TI BIH PRESENTED A REPORT: SIGNIFICANT INCREASE IN PUBLIC SPENDING BEFORE THE ELECTIONS, AMENDMENTS TO THE ELECTION LAW DID NOT PREVENT ABUSE OF PUBLIC RESOURCES

Press releases ● 07 August 2024

Sarajevo, August 7, 2024: In the last month, Transparency International in Bosnia and Herzegovina submitted 50 reports to the competent institutions due to irregularities in the pre-election period, which mostly relate to misuse of public resources and premature campaigning. Based on reports from TI BiH, 11 sanctions in the amount of BAM 43,000 have been imposed on parties and candidates so far, but they mostly relate to the early campaign. On the other hand, the timing and opening of public works before the elections and the distribution of one-time financial aid to citizens are still the dominant form of behavior of public officials in the pre-election period, and the changes to the electoral law imposed by the OHR, which were supposed to prevent the abuse of public resources in practice, until now they did not give results.

By the TI BiH data all levels of government distributed over 29 million BAM to different categories of population in the past month through one-time aid. On the other hand, TI BIH published an interactive map where locating 350 examples of pre-election works that started or ended in the past month, the value of which is 139 million BAM. However, the Central Election Commission (CEC) has so far imposed only two sanctions for the abuse of public resources, related to the illegal use of means of communication, while no one has been sanctioned under the provision that prohibits the indirect purchase of votes through one-time monetary or non-monetary aid to citizens.

The reason is that the CEC considers all payments from the budget, which the authorities claim are planned because they were paid from budget, as “regular subsidies” and sees nothing objectionable in that, regardless of the fact that they are not regular monthly or annual payments, but one-time payments, usually from 50 or 100 BAM timed before the elections. Because of this, numerous applications of TI BIH for abuse of public resources were rejected, even though the CEC was provided with clear evidence that these were benefits that were timed before elections and were not paid earlier on a regular basis, said Ivana Korajlić, executive director of TI BIH.

TI BiH has already pointed to numerous examples where the payment of one-time aid to social categories in Nevesinje and East Novi Sarajevo, the organization of a free excursion for pensioners by the mayor of Sarajevo, and the distribution of cards for free public transportation to pensioners by the mayor of Banja Luka, are not considered misuse of public resources. In cases where parties promoted themselves on social networks through infrastructure projects and social benefits, sanctions were imposed against SDA, Nasa stranka, SDP and SNSD, but only for early campaigning, while it is difficult to expect, with this kind of practice, that someone will be sanctioned for the misuse of resources.

A decision is still awaited on the application against the mayor of Lukavac, who before these elections for the first time introduced one-time aid for veterans of BAM 100, while Ljubuski and Tomislavgrad introduced one-time benefits for students of BAM 200 each. In addition, the practice of official campaign continued, and of the 161 events of public institutions or institutions monitored by TI BiH observers, over 73% were attended by candidates for local elections, while at 16% of events political messages were presented, which is prohibited by law. We highlight the example of a concert organized for the Čelinac municipality day, where the SNSD candidates for the mayor of Banja Luka and the party’s list bearer addressed the gathered citizens, and a report was sent to the CEC due to the political messages they expressed.

18 examples of abuse of children for political purposes were also recorded, and in one of the decisions of the CEC, the application of TI BiH against the SNSD in Prnjavor was rejected with the claim that the materials distributed in the premises of the association of children with special needs did not contain party symbols, although clearly visible in the photos.

Also, 12 examples of paid advertising by institutions promoting candidates and the use of communication tools for the election campaign were recorded. In addition, TI BiH recorded 21 examples of providing special benefits to citizens, mostly related to free public services, examinations, concerts, trips and the like. Based on the TI BiH application, the CEC imposed a sanction against the Ujedinjena Srpska because the councilor of this party organized an action of free screenings with the political party’s logo displayed.

Two cases were reported to the Communication Regulatory Agency and the Press Council due to the publication of pre-election polls that do not contain relevant data, as well as the creation of street polls by the media, presented as a representative opinion of voters about the candidates, which is prohibited by law.

TI BiH has been pointing out for a long time that the misuse of public resources gives an inappropriate advantage to certain candidates in the elections, but for years the authorities have not had the ear to adequately sanction this phenomenon through changes in the legal regulations. The latest changes imposed by the High Representative introduced new provisions concerning the behavior of parties and officials in the pre-election period and the misuse of public resources, but due to different interpretations of the provisions themselves and the unwillingness to sanction these phenomena, the misuse of resources still remains a dominant feature of the campaign.

TI BIH invites citizens to get involved and report cases of violations of the electoral law or abuse of public resources in the campaign through the Reflektor application.

TI BIH ANALYSIS: REFORM LAWS ADOPTED THROUGH EU INTEGRATION DID NOT GIVE RESULTS, NEGATIVE EFFECTS VISIBLE IN SOME AREAS

Press releases ● 22 July 2024

No positive developments were recorded after the adoption of four reform laws significant for Bosnia and Herzegovina’s European path. Some provisions are not implemented, while some already have negative effects, which civil society warned about before the adoption of the law. The analysis of Transparency International in BiH (TI BIH) showed that the new Law on Freedom of Access to Information at the BiH level did not accelerate the publication of data of public interest.

“According to the experience of TI BIH, the waiting time for the decision of the second instance authority is longer than during the application of the old law.” Although the Appeals Chamber at the Council of Ministers in most cases made decisions on appeals within the legally prescribed time limit, some first-instance bodies did not submit their decisions to the TI BIH within the legally prescribed time limit. In addition, a long list of exceptions allows the authorities to hide numerous information of public interest and thus prevent the media and civil society from monitoring the work of institutions and uncovering irregularities.”

In addition, a long list of exceptions allows the authorities to hide numerous information of public interest, thus preventing the media and civil society from monitoring the work of institutions and uncovering irregularities.

The amendments to the Law on the HJPC did not improve the integrity of the holders of judicial offices in practice, and the Department for checking property records of judges and prosecutors has not yet been established. Also, not all the recommendations of the EU and the Venice Commission were followed, and non-implementation of the new provisions called into question the functioning of the umbrella institution of the BiH judiciary. Immediately before the implementation of the law, the HJPC appointed a number of holders of judicial positions, and new appointments are made without checking reports on assets and interests. Due to political obstructions related to the adoption of the budget, the Department will carry out checks of property records retroactively only from February 2025. In addition to these urgent changes, the goal of which should have been to strengthen the integrity of the judiciary, Bosnia and Herzegovina must also adopt a new law on the HJPC. The recently prepared preliminary draft does not meet the necessary standards, which TI BiH has already warned about and which was confirmed by the opinion of the Venice Commission.

The new law on the Prevention of Conflict of Interest brought significant improvements, but its implementation was postponed for 6 months, i.e. until September of this year. The competition for the appointment of members of the new independent Commission that will decide on the conflict of interest was announced only at the end of May and it is unlikely that it will be completed on time. The commission will have a short deadline to adopt a large number of by-laws, which could further delay the implementation of the law due to the current work dynamics. It is important to note that the focus of the reforms is placed only on the state level, while the law regulating this issue is still not applied in the Federation of Bosnia and Herzegovina, and the Republic of Srpska adopted harmful changes last year and practically legalized the conflict of interest. The Law on Prevention of Money Laundering and Financing of Terrorist Activities still does not meet all international standards and recommendations. TI BiH appeals to the Ministry of Security of BiH to speed up work in order to meet the deadline for the adoption of by-laws by the end of August 2024, without which the implementation of the law is not possible.

Although the adoption and implementation of these laws are necessary for the effective fight against corruption, which is a key priority for BiH on the European path, TI BiH points out that the authorities in BiH did not perform the quality work when it comes to this task. The process was non-transparent, with no opportunity for meaningful public participation, and civil society proposals submitted during public consultations were generally not adopted. Before the vote, the Council of Ministers changed the essential provisions of the reform laws, thus rendering the process meaningless. Due to all of the above, the citizens of Bosnia and Herzegovina who suffer the consequences of widespread corruption on a daily basis have not yet felt the positive effects of the reforms. The European Commission will publish its assessment of the quality of the content and application of the aforementioned laws in the Expansion Package, i.e. the report on Bosnia and Herzegovina, which is expected to be published in October this year.

Press rls_22.07.24.

* Addendum published on July 26, 2024: Transparency International in BiH, after the publication of the analysis and announcement, received the reaction of the Appeals Council at the BiH Council of Ministers about the part related to the implementation of the Law on Freedom of Access to Information at the level of BiH institutions. In the original version of the analysis and announcement, it was announced that the Appeals Council at the Council of Ministers of BiH did not comply with the legal deadline for dealing with appeals in the second instance procedure. An additional check established that the Appeals Council of the BiH Council of Ministers made decisions within the legal deadline, but that the first-instance authorities did not submit a decision on the appeal to the applicant, that is, TI BIH.

“According to the experience of TI BIH, the waiting time for the decision of the second instance authority is longer than during the application of the old law.” Although the Appeals Chamber at the Council of Ministers in most cases made decisions on appeals within the legally prescribed time limit, some first-instance bodies did not submit their decisions to TI BIH within the legally prescribed time limit. In addition, a long list of exceptions allows the authorities to hide numerous information of public interest and thus prevent the media and civil society from monitoring the work of institutions and uncovering irregularities.”

This version of the analysis and announcement has been modified in accordance with the results of the review.

TI BIH: A DRASTIC INCREASE IN THE NUMBER OF REPORTS OF CORRUPTION IN STATE ADMINISTRATION

Press releases ● 19 July 2024

In the first six months of this year, 194 corruption-related cases were initiated, of which 87 relate to irregularities in state administration, according to the semi-annual report of the Center for Providing Free Legal Aid in the Fight Against Corruption, Transparency International in BiH for the year 2024.

The number of cases related to state administration has increased by 26% compared to the same period last year (69), confirming the findings of another research conducted by TI BiH, stating that citizens encounter corruption most often in public administration.

Citizens report to the Center pointing out irregularities in public administration at all levels in Bosnia and Herzegovina, most often reporting irregularities in employment and appointment in public bodies, favoritism and illegalities in the distribution of public funds, the performance of works on the construction and maintenance of local infrastructure, access to health services, and discrimination and violation of rights from labor relations, etc.

Overall, in the first part of this year, citizens made 1,227 calls at the Center’s free line for corruption 0800 55555, twice as much as in the first half of 2023.

In addition to administration, education (18), private sector (17) and judiciary (17) are the areas in which the largest number of cases were recorded, while in health there was a deterioration after 14 cases were initiated this year compared to 8 last year.

The largest number of cases, as many as 100, were initiated based on the reports of persons witnessing corruption, and that number is higher than last year, when 71 cases were reports of witnesses. Similarly, the number of cases reported by victims of corruption increased from 70 cases this year compared to 56 in the same period last year.

What is certainly worrying is the drop in the number of cases reported by so-called “whistleblowers”, i.e. persons who report corruption in their work environment, as only 7 such cases were initiated this year compared to 29 in the first half of 2023. One of the reasons for this decline can certainly be insufficient protection resulting from the absence of relevant laws, such as the case in the Federation of Bosnia and Herzegovina, or the creation of an atmosphere of public condemnation, intimidation and even open threats by the highest political officials addressed to persons who report corruption.

In the same period, 9 administrative disputes were initiated against public authorities due to failure to provide information of public importance, and competent courts issued 9 verdicts, 8 of which were in favor of Transparency International BiH.

Apart from the area of ​​freedom of access to information, the TI BiH Center also acted in the field of human rights protection, and the Institution of the Ombudsman for Human Rights of BiH made 2 recommendations based on the petitions of TI BiH, among which was the confirmation that the railways in both entities discriminated against people without having passed professional exam during employment.

TI BiH continued to act in the direction of suppressing conflicts of interest, and after TI BiH reporting, the Commission for deciding on conflicts of interest of BiH determined that the director of the Regulatory Agency for Communications of BiH, Draško Milinović, was at the same time the head of the Tennis Association of the RS, which received significant funds from the budget for the construction of tennis courts in Banja Luka, for which he was punished by suspending 10% of his salary for the next 6 months.

In a similar way, TI BiH protected public interest in the field of natural resources protection, and the Federal Prosecutor’s Office of the Federation of BiH overturned the decision of the Cantonal Prosecutor’s Office of the Central Bosnia Canton and ordered an investigation against the persons responsible for non-payment of concession fees worth over 1.7 million BAM.

TI BiH Center for Providing Legal Assistance in the Fight Against Corruption provides advisory legal assistance to citizens, who can contact the Center via the toll-free number 0800 55555 or via the platform prijaviikorupciju.org.

THE PRELIMINARY DRAFT OF THE NEW LAW ON THE HIGH JUDICIAL AND PROSECUTORIAL COUNCIL IS FLAWED IN MANY WAYS, THE DRAFTING PROCESS IS NON-TRANSPARENT

Press releases ● 05 July 2024

Banja Luka, July 5, 2024 – The Ministry of Justice of Bosnia and Herzegovina prepared a preliminary draft of the new Law on the High Judicial Prosecutorial Council (HJPC), whose contents the public had access to only through the opinion of the Venice Commission, which was recently published. Transparency International in BiH (TI BiH) warns that apart from the non-transparent process of drafting, for which a working group with dominant participation of the executive power and insufficient involvement of the judiciary itself was responsible, the content does not meet the relevant recommendations in terms of strengthening the independence and integrity of holders of judicial functions.

The observed shortcomings, which were confirmed by the opinion of the Venice Commission, primarily relate to the undefined disciplinary responsibility of the members of the Council, insufficiently precise provisions on the prevention of conflicts of interest, the declaration of assets, the composition of the Council and the competence of auxiliary bodies, but also insufficient transparency and the exclusion of the public from the law drafting process.

Commenting on the preliminary draft of the new Law on the HJPC, the Venice Commission repeated many of the comments made by the TI BiH on earlier changes to this key reform law, with warnings that the reform of the judiciary is being implemented in an inadequate, partial manner, which does not lead to the fulfillment of the key criteria that have been set in front of Bosnia and Herzegovina on the way to EU membership.

In its Opinion, the Venice Commission expressed the view that when selecting judicial office holders, priority should be given to competence in relation to the ethnicity of candidates, and that the selection of key judicial offices should primarily rely on objective criteria based on measurable competencies.

Additionally, the need for clear provisions regulating the independence of the HJPC from the executive power was emphasized, both through the role defined by the Constitution, and through the clear exclusion of the HJPC from the application of the Law on Administration and the Law on Ministries and Other Administrative Bodies of BiH, which was removed from the proposed text without explanation.

In addition, TI BiH emphasizes that the preliminary draft of the Law on the HJPC does not define the method of appointing members of the commissions that conduct interviews, score and test candidates for judicial positions, nor does it define the mechanisms for conducting qualification and written tests. This increases the risk of inappropriate influences and irregularities, leaving room for manipulation of the process through influence on the composition of commissions, which play a key role in the selection of judges and prosecutors, especially when taking into account the large share of subjective evaluation.

The preliminary draft also ignores certain mechanisms introduced by the latest amendments to the current HJPC Law, which relate to the disciplinary responsibility of HJPC members, while the provisions on conflict of interest have not been improved. It is precisely the provisions on conflict of interest in the Opinion of the Supreme Court that are highlighted as problematic, since the definition is not clearly specified, as the TI BiH warned during the last amendments to the Law. In addition, TI BiH still adheres to earlier recommendations that when submitting a report on assets and interests of judges, prosecutors and members of the Council, it is necessary to include all close relatives, including those who do not live in the same household, in order to reduce the possibility of evading the declaration of assets in this way, which is not foreseen in the draft.

When it comes to property verification, the submitted text still does not clearly regulate the obligations of all institutions in the process of providing data and verification, which was pointed out by the TI BiH during the last changes, as a potential mechanism for blocking the verification of property records.

Furthermore, in accordance with the comments of TI BiH, the Venice Commission also recommends that the HJPC should have an odd number of members in order to facilitate decision-making, with recommendations to include more independent members who are not holders of judicial functions in the composition of the Council. The opinion reiterated the proposals of the TI BiH for a clearer definition of disciplinary responsibility in order to make a difference between serious and minor offenses, and therefore sanctions.

Finally, pointing out that civil society representatives and other interested actors were not familiar with the content of the preliminary draft, nor were they involved in the process of drafting this or other reform laws in the field of justice, the Venice Commission notes that transparency and an open process of passing laws are necessary preconditions for a high-quality completion of the process.

TI BiH reminds that this is one of the most important laws for BiH, which will guide the direction of action of the entire judicial system, and that the opportunity must be used to ensure the basic foundations of independence and responsibility. TI BiH therefore appeals to the Council of Ministers and the Ministry of Justice of BiH as proponents to ensure broad consultations on this important law, to include the opinions of all relevant actors, especially the judicial community and the professional public, which is insufficiently represented in the process of creating the law.

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More:

Mišljenje Venecijanske komisije na prednacrt novog Zakona o visokom sudskom tužilačkom vijeću (VSTV) BiH: CDL-AD(2024)009-e Bosnia and Herzegovina – Interim Follow-up Opinion to previous Opinions on the High Judicial and Prosecutorial Council, adopted by the Venice Commission at its 139th Plenary Session (Venice, 21-22 June 2024)

Saopštenje TI BiH 4. aprila 2024: Ministarstvo pravde skriva Nacrt Zakona o Sudu BiH

Saopštenje TI BiH 25. oktobra 2023: Nakon upozorenja TI BiH: Onemogućena primjena izmjena Zakona o VSTV-u, pravosuđe BiH u blokadi?

Analiza TI BIH: Proces integracije BiH u EU: 14 prioriteta iz Mišljenja Evropske komisije 4 godine poslije

Analiza TI BiH: ANALIZA EFIKASNOSTI I INTEGRITETA DISCIPLINSKIH POSTUPAKA PROTIV SUDIJA I TUŽILACA U BOSNI I HERCEGOVINI

Amendments to the package of laws regulating the banking sector represent the most direct capture of the RS institutions

Press releases ● 03 July 2024

Banja Luka, July 3, 2024 – Urgent changes to the laws that regulate the banking sector and the work of the Investment Development Bank of the Republic of Srpska (IRB RS)  lead to the direct capture of the institutional framework by private interests and directly threaten the functioning of the entire banking system in the RS, and exposes the IRB to high risk.

Proposals amending the provisions of the Law on Banks of Republika Srpska, the Law on Investment and Development Bank, and the Law on Internal Payment Transactions were put on the agenda the day before the session itself at the request of the RS Government through urgent procedure, which confirms the suspicion that accelerated procedures are put in place to exclude the public from the decision-making process, thus endangering the public interest and the interest of the citizens of Republika Srpska.

Such changes are contrary to the primary purpose and role of the IRB RS, and it can be concluded that they favor the narrow particular interests of the ruling regime in the RS and cronyist business structures adjacent to it, which enjoyed a privileged status.

Until now, the IRB RS has functioned in a completely non-transparent manner, so the MPs waited for the reports of this institution for several years, from 2015 to 2019, which deprived the public of information about claims worth 180 million, which were eventually bought for 32 million by the private company because the IRB RS was unable to collect them.

The dangerous intentions of the ruling regime, which are aimed at the complete mastery and capture of the decision-making process in matters of vital importance for citizens, are also evidenced by the proposal to amend the Law on Geological Surveys, which was also presented to parliamentarians, and which deprives local communities of the opportunity to prevent exploitation natural raw materials that threaten their environment.

Taken as a whole, the proposed changes not only threaten the independence and stability of the IRB as a catalyst for economic growth, but also call into question the sustainability of payment transactions of all business entities in the Republic of Srpska, banks that do business with the IRB, and natural persons who are users of credit and other funds placed through this institution.

Transparency International calls on the Government of Republika Srpska to withdraw the mentioned proposals and the MPs to reject these changes, which do not have the character of a general legal framework that works for the benefit of citizens, but allow the institutions of society to be put at the service of a group of powerful people who want to preserve their wealth acquired through corrupt activities and avoid sanctions for such behavior.

HALF OF THE PROSECUTORS IN BIH WITHOUT AN INVESTIGATION FOR HIGH CORRUPTION – A SERIOUS BLOW TO THE RULE OF LAW

Press releases ● 28 June 2024

Sarajevo, June 28, 2024 – Half of the prosecutor’s offices in Bosnia and Herzegovina have not initiated a single investigation into criminal acts of high corruption in three years, according to an analysis presented by Transparency International in BiH (TI BiH) today in Sarajevo. Only one out of nine prosecutors working on cases of economic crime and corruption in 2023 launched an investigation for high corruption, or only 11 percent.

The poor indicators of the judiciary work in combating high corruption are complemented by the fact that in nine out of a total of 18 prosecutor’s offices in BiH (Cantonal Prosecutor’s Office of Bosansko Podrinje Canton, Cantonal Prosecutor’s Office of West Herzegovina Canton, Cantonal Prosecutor’s Office of Canton 10, Cantonal Prosecutor’s Office of Posavina Canton, District Public Prosecutor’s Office in Prijedor, District Public Prosecutor’s Office in Banja Luka, District Public Prosecutor’s Office in Doboj, District Public Prosecutor’s Office in Bijeljina and District Public Prosecutor’s Office in East Sarajevo), not a single investigation was initiated for criminal acts of high corruption in the period from 2021 to 2023. Although it was expected that the responsibility for prosecuting high corruption in the Republic of Srpska would be transferred from the district prosecutor’s offices to the Special Department of the Public Prosecutor’s Office of the Republic, the fact that this institution in a period of three years had only four reports and three indictments for high corruption speaks of the general lack of results.

In addition to the fact that corruption is not prosecuted, the penal policy for most serious crimes is too lenient, from 2021 to 2023, within the framework of 18 convictions in cases of high corruption, the courts in BiH imposed prison sentences in only 11 cases, while in 7 judgments a suspended sentence was imposed.

These data were presented in the “Analysis of the Efficiency of the Prosecution of High-Level Corruption” presented during the conference “How to More Successfully Prosecute Cases of Corruption” held in Sarajevo. Ambassador of Norway in Bosnia and Herzegovina H.E. Olav Reinertsen said at the opening of the conference that civil society has a key role in monitoring the government, informing citizens and ensuring the implementation of legal provisions.

“After decades of investment and learning, we continue to witness the key role that civil society plays in monitoring the work of the government, informing citizens and ensuring the implementation of the law. The rule of law is not only about institutions and new laws, but also about the people who implement and respect them. This requires continuous supervision, responsibility and commitment to achieving higher quality and greater efficiency. Corruption undermines the integrity of institutions and represents an obstacle to progress, which is why the fight against it is necessary for the stability and prosperity of BiH”, Reinertsen said.

“The diagnosis of the state of the judiciary has been clear for years, if not decades – the state of complete institutional capture of the judiciary by political elites and organized crime that work in symbiosis.” Unfortunately, as a reaction to this complex problem, we have faking of judicial reform, which quite expectedly results in a further deterioration of the situation in the judiciary,” said Srđan Blagovčanin, chairman of the TI BiH Board of Directors, during his address.

High-level corruption in Bosnia and Herzegovina is generally not prosecuted, and when it does happen, the judiciary in BiH mainly solves minor cases, while large corruption cases often go unanswered, and all this is accompanied by a disproportionately mild punishment policy. Such a situation, in addition to seriously undermining trust in the judiciary, which is full of scandals, leads to the destruction of institutions, the establishment of complete political and clientelistic control over them, which leads to the ultimate destruction of the concept of the rule of law, is one of the messages of the conference.

The presented results of the judiciary work in the prosecution of criminal offenses of corruption only confirm the findings of the Corruption Perception Index (CPI) research for 2023, which shows that BiH has the lowest score in the Western Balkan region and is significantly declining in terms of the degree of corruption perception, losing seven CPI points in the last decade.

The conference, organized by Transparency International in Bosnia and Herzegovina as part of the SMART Balkan project funded by the Ministry of Foreign Affairs of Norway, gathered representatives of the judiciary and other relevant actors with the aim of developing concrete solutions for the efficiency of judicial processes in BiH.

14 LEVELS OF NON-TRANSPARENCY: INFORMATION ABOUT CONCESSIONS IS HIDDEN FROM THE PUBLIC, THE CONSEQUENCES ARE CORRUPTION AND ENVIRONMENTAL DESTRUCTION

Press releases ● 25 June 2024

Sarajevo, June 25, 2024 – In Bosnia and Herzegovina, there are 14 different laws that regulate the field of concessions, and most authorities do not have established public registers, do not publish data on collection and debts of concessionaires, which is why there are huge corruption risks and, in many cases, modest incomes from concessions do not justify the damage caused to the environment.

At today’s professional discussion in Sarajevo, organized by Transparency International in BiH (TI BIH) and the ACT Foundation, activists, experts and representatives of relevant institutions concluded that a serious damage to the public interest exists due to the lack of transparency in allocation, control and collection of public revenues from concessions.

“Laws on concessions at all levels do not ensure the principles of transparency, non-discrimination, integrity, nor protect the public interest, and the significant benefits that concessions can bring to society are mostly absent, while the consequences of harmful contracts are suffered by citizens and the environment. The reform of the entire BH system of concessions entails harmonizing legislation at all levels with the EU Directive on concessions, as well as with each other, while respecting other international obligations, it was stated by Aleksandra Martinovic, Chairperson of the Assembly of Transparency International in BiH, adding that “all principles and provisions of the Law on Public Procurement in terms of transparency, e-procurement, conflict of interest and legal protection should also apply to concessions.”

Lejla Kusturica, director of the ACT Foundation, emphasized the importance of public participation in the decision-making processes on concessions. “We do not want to become a concession colony of either the East or the West, and we believe that the state and all administrative levels must urgently improve the concession legislation in such a way that the concession contracts also protect the public interest, and not, as a rule, exclusively the interest of investors. The first and most important step is the recognition of citizens and civil society organizations as interested parties in concession contracts”, said Lejla Kusturica.

During the discussion, it was said that registers of concession contracts, which are a legal obligation, are generally not up-to-date, incomplete or do not exist at all, and the conditions for obtaining concession rights and performing activities are generally non-transparent, which further complicates monitoring and control.

In this way, the public in BiH is generally deprived of information on what benefits budgets and society have from the exploitation of natural resources, which is why TI BiH created the Register of Concessions, which includes data on concessionaires, concession contracts, the method of calculating fees, paid obligations and debts concessionaires have towards entities, cantons and local communities.

Activists and citizens are faced with great problems in trying to protect the public interest and the environment, especially after the conclusion of the concession contract. This was pointed out by Robert Oroz, an activist from the Ecological and Humanitarian Association “Gotuša”, Fojnica, who said that it is almost impossible to cancel a contract if you are not one of the contracting parties. “That must change, and I am of the opinion that the concession fees are generally very poor in relation to the damage caused to nature,” said Oroz.

Due to the lack of transparency in the allocation, control and collection of public revenue from concessions, it is necessary to urgently integrate the concession system into a unified system of public procurement and that all principles and provisions of the Law on Public Procurement, including transparency, e-procurement, conflict of interest and legal protection, are also refer to concessions. This approach would enable the management of a single electronic register, the creation of unique concession plans and the introduction of standardized fee calculation methods, in order to ensure the effective protection of the public interest and the preservation of the natural environment in Bosnia and Herzegovina.

Associations against the “law on non-profit organizations in RS”: Everyone, from trade unions to humanitarian and sports organizations is under attack!

Press releases ● 20 May 2024

Anyone who votes for the adoption of the restrictive Proposal law on a special register and the publicity of the work of non-profit organizations will stand against the freedom of association, freedom of action and most importantly – against the well-being and continuation of support, assistance and provision of services to citizens of the Republic of Srpska.

That is why we call on all MPs in the National Assembly of the Republic of Srpska to say NO to such a law on May 22, 2024!

A system that prohibits freedom of speech, freedom of action, freedom of association becomes a system of fear and a culprit for violating basic human, democratic and constitutional rights.

Numerous associations in the Republic of Srpska have been helping citizens in various ways for many years, from social assistance, protection from violence and bullies, humanitarian actions, providing legal aid, fighting corrupt actions, and now they have come to a situation to fight for survival, with a target on their foreheads and facing threats to put a padlock on the door!

The government, under the pretext of introducing transparency into the work of the association, actually wants to make all associations obedient! Any activity or initiative that the government does not like or finds to be unsuitable will be punished. Any association that is not suitable and does not act as it is told, will be attacked by various controversial and sketchy provisions of the new law, and ultimately shut down. The new law applies to all associations, not just certain ones, as this is misrepresented in public. Everyone is under attack, from those fighting for human rights and against corruption to sports organizations, women’s rights associations, trade union organizations, consumer rights associations, humanitarian associations…

This will not only lead to the extinguishing or banning of the work of the association,but will produce negative economic consequences through the isolation of Republika Srpska and the reduction of investments.

Citizens’ associations are already working transparently and in accordance with the laws, and now we ask whether the Government of republika Srpska, which secretly sent the Proposal of the so-called law “on NGOs” to the parliamentary procedure, is working transparently. The disputed provisions contained in the Draft Law are open for arbitrary interpretations by the authorities to assess which organizations “politically operate”, while the label “foreign agent” will represent an attack and an attempt to directly pressure the independence and work of the association.

Also, the Draft Law encroaches on the constitutions of Republika Srpska and Bosnia and Herzegovina, the European Convention on Human Rights and Fundamental Freedoms and is not in accordance with the most important international standards.

We must preserve the freedom to unite!

Freedom to act!

The freedom to help citizens.

The freedom to have the right to criticize what is not good!

Freedom to work for a better tomorrow community!

Freedom to speak!

That’s why we say no to restrictive law!

The announcement is signed by:

Banjalučki centar za ljudska prava

Banjalučki socijalni centar

Centri civilnih inicijativa (CCI)

Centar za mlade „KVART“

Centar za informativnu dekontaminaciju mladih Banja Luka

Centar za životnu sredinu

Društvo za istraživanje i zaštitu biodiverziteta

Fondacija “Lara”

Fondacija „Udružene žene“

Helsinški parlament građana Banjaluka

Genesis project

Moja Hercegovina

Omladinska organizacija „Centar“ Mrkonjić Grad

Perpetuum mobile – Institut za razvoj mladih i zajednice

Pro Educa

Resursni Aarhus centar u BiH

SEMPER – Servis za medijsku profesionalnu edukaciju i razvoj

Transparency international u BiH

Udruženje “Centar za integrativnu inkluziju Roma i Romkinja Otaharin”

Udruženje građana „Impuls“ Banjaluka

Udruženje građana „eTrafika“

Udruženje građana “Pokret Demokratski centra”

Udruženje građana „UNSA Geto“

Udruženje građana „Zdravo da ste“

Udruženje za promociju evropskih standarda i unapređenje poslovnog ambijenta – Capital

Udruženje “Don”

Udruženje mreža za izgradnju mira

Udruženje građana „Mikro mreža“

Udruženje građana „Srce na dlanu“

Udruženje građana „ToPeeR“

Udruženje „Forum Žena“ Bratunac

Udruženje „Stop Mobbing“

Udruženje građana „Radnička solidarnost u BiH“

Udruženje građana „Restart“

Udruženje „Prijatelji Srebrenice“

Udruženje građana „Oštra nula“

Udruženje građana „Budućnost“ Modriča

Udruženje građana „Put pravde“

Udruženje građana „Korijeni“ Ugljevik

Centar za građansku suradnju Livno

Futura – Udruga za unapređenje kvalitete življenja

UG Fojničani Maglaj

Centar za razvoj omladinskog aktivizma CROA

Udruženje za projektni aktivizam Doboj

Ekološko udruženje Eko put

Udruženje građana Demos

Unija za održivi povratak

Forum građana Tuzla

Individuals:

Alexander Jokić

Igor Davidović

Jovana Kisin Zagajac

The Study of National Integrity Presented: BiH recorded a decline in key sectors important for combating corruption

Press releases ● 23 April 2024

Sarajevo, April 23, 2024 In the last eight years, Bosnia and Herzegovina has recorded a decline in integrity in key areas that are important for combating corruption, according to the National Integrity Study (NIS) presented by Transparency International in BiH (TI BIH) on Tuesday, April 23 in Sarajevo. The integrity ratings of key institutions such as APIK declined between 2015 and 2023, while the biggest decline was recorded in the areas of public enterprise management, media freedom and civil society due to the authorities’ increasing efforts to suppress public criticism.

Most of the recommendations from the previous NIS related to the state of affairs in key sectors such as the work of the judiciary, prosecution of corruption, public sector, election administration or audit institutions have not been fulfilled, and significant deteriorations have been recorded both in the legal framework and in implementation.

“NIS provides an in-depth analysis of all social pillars and identifies areas and places where urgent change is needed. The three main and supposedly independent branches of government: legislative, executive and judicial – are subject to the strong dominance of the second pillar, the political parties. The continuous tight control of political parties over institutions and very rigid control of staff recruitment is noticeable “, Srđan Blagovčanin, chairman of the board of directors of TI BiH said at the opening of the conference.

In a series of international reports, BiH has been labeled as a captive state where key institutions are under the control of the ruling elites, and the few remaining independent and critical voices have been silenced by placing those institutions under party control. The latest attacks on the electoral administration and the entire electoral system of the country are of particular concern.

“Sweden’s support in ensuring free and fair elections, the rule of law and freedom of expression in BiH means more than ever today because the country is experiencing a step backwards in some of these areas, which we regret. After the opening of accession negotiations, the EU expects BiH to fulfill its obligations and take steps towards a less corrupt and more transparent society. ” said H.E. Helena Lagerlöf, Ambassador of Sweden to Bosnia and Herzegovina.

The results of the Study indicate that certain positive steps that institutions in BiH have made in the recent period, such as the adoption of new legal solutions such as the Law on the Prevention of Conflict of Interest, have yet to demonstrate their reform effectiveness through practical application.

“The assessment indicates that BiH must improve the accountability and transparency of the public sector, including the management of public finances, transparent budgets, the prohibition of conflicts of interest and the depoliticization of public administration. Despite the numerous unresolved challenges highlighted throughout the Study, there were a number of positive developments that led the European Commission to recommend and the European Council to decide on the opening of accession negotiations with Bosnia and Herzegovina last month. ” said Alfredo Strippoli, head of the Rule of Law Section at the EU Office in Bosnia and Herzegovina. “Some of these long-awaited reforms are yet to produce the expected result as efforts to implement them are ongoing,” Strippoli added.

Various organizations dedicated to the fight against corruption, along with the media, civil society and the private sector, faced significant challenges, finding themselves excluded from the social and political discourse. This situation, together with the difficulties faced by the institutions evaluated in this Study, significantly affected the emigration of highly qualified individuals, which represents a significant problem of brain drain in the country.

In order to stop these negative trends, it is necessary to improve the accountability and transparency of the public sector in BiH through better management of public finances, transparent budgets, prohibition of conflicts of interest and depoliticization of the administration, which are key recommendations from this year’s NIS.

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Additional content

Photo gallery

Photos from the event “Presentation of the National Integrity (NIS) Study: Strengthening Resistance to Corruption” held on April 23, 2024 at the Swissotel Sarajevo.

NIS BiH 2023

Download the document Study of the System of National Integrity Bosnia and Herzegovina 2023.

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TI BiH: The arbitrariness of the authoritarian regime in the Republic of Srpska is leading the country into dangerous uncertainty

Press releases ● 19 April 2024

Banja Luka, April 19, 2024 – Transparency International in BiH believes that the ruling majority in Republic of Srpska, by adopting the Election Law of RS, which is contrary to the Constitution of BiH, the Election Law of BiH and Annex 3 of the Dayton Peace Agreement, is trying to create a parallel election administration and prevent the conduct of legal elections. Such a move creates legal uncertainty and chaos and endangers stability in order to preserve one’s own control over the electoral process and institutions.

By adopting the Election Law of the RS, the authoritarian regime left the framework of the legal order of BiH, and with the Law on Immunity, it legalized the placing of key executive and legislative function holders above the law, thus completely threatening the fundamental principle of the rule of law.

Instead of improving the existing legal framework and eliminating the shortcomings that in the previous period enabled systemic electoral theft, now on the scene are not only the blockades of the electoral reform, but also the introduction of a parallel electoral system and the passing of laws, the sole aim of which is the survival of the ruling structure in power and ensuring complete impunity in that process. Due to all of the above, the adoption of the RS Election Law represents an attempt to use legal violence to prevent the holding of legal elections and the expression of citizens’ electoral will.

Last night, the National Assembly of the RS also adopted the proposal of the Law on Immunity of the RS, and TI BiH warned even earlier that such a solution opens up a huge space for crime and impunity for criminal acts of corruption committed by the highest officials. Such a law would grant amnesty to the holders of the most responsible executive functions of criminal prosecution for any acts they commit “within their jurisdiction”, which is contrary to all international standards.

Both laws can have unfathomable consequences on the elementary human rights of citizens to vote and be elected, but also consequences in the sense of legalizing the unlimited arbitrariness of the holders of executive and legislative power. The consequences of these laws are no less dangerous from the aspect of legal security and disruption of the country’s stability.

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TI BiH: The Ministry of Justice is hiding the Draft Law on the Court of BiH

Press releases ● 04 April 2024

Sarajevo, April 4th, 2024: The Ministry of Justice of Bosnia and Herzegovina refused to publish the Draft Law on the Court of Bosnia and Herzegovina and thus continued to hide from the public one of the most important reform laws in the EU integration process. Transparency International in BiH requested submission of the Draft, which was removed from the agenda of the Council of Ministers of BiH several times, but the relevant Ministry refused the request, referring to one of a number of restrictions from the new Law on Freedom of Access to Information. This law was presented as one of the great successes that BiH made on the European path, although numerous civil society organizations warned that it would enable the authorities to additionally hide information of public importance, which was shown in this example.

In this case, the Ministry of Justice referred to a provision of the new Law that allows institutions to limit access to information if its publication “could seriously disrupt the process of its creation”. The Ministry, however, did not explain why the publication of the content could damage the process of passing such an important law, for which there is great public interest.

TI BiH believes that the Ministry should, after determining the draft, publish this law and invite the interested public to submit written proposals and comments. Namely, the original draft of the Law on the Courts of BiH was published on the e-consultation platform in 2022, but after that it was revised as part of the working group and coalition agreements, and it was changed, placed and removed from the agenda of the Council of Ministers on several occasions, and in the meantime, the name and scope of the law being adopted have been changed. At the same time, there are numerous controversies regarding its content and provisions that are subject of public scrutiny and interest.

Instead of involving the public in the consultation process and enabling a public debate on such an important issue, the Draft Law is hidden from the citizens, without adequate explanation and a public interest test, while key decisions are made at closed meetings of political coalition members. TI BiH previously warned against the harmful practice of the Council of Ministers of BiH to hide the content of the most important laws, only to fundamentally change it at the session itself, enabling the public insight only when these laws are already referred to the parliamentary procedure.

Ultimately the public is deprived of any information related to the legislation process itself, as well as the content of this important regulation, which not only indicates a lack of transparency, but also affects the quality of the solutions that are adopted as well as public trust.

TI BiH previously urged all governments and parliaments in BiH to publish session materials, including draft laws, in order to enable the constructive participation of civil society and other interested actors in the adoption of policies.

THE AUTHORITARIAN REGIME IN RS IS ON A DANGEROUS ROAD – THE CONTINUATION OF THE LEGALIZATION OF REPRESSION

News ● 01 April 2024

Banja Luka, April 1, 2024 – The Government of the Republika Srpska established in complete secrecy the Proposal for the Law on the Special Register and Publicity of the Work of Non-Profit Organizations and referred it for further adoption in the NSRS, once again violating the legislative rules and procedures. Namely, this information was confirmed to the media only after an inquiry, and conflicting information was communicated about the session at which the Proposal was allegedly determined.

In the end, the Government announced to the media that it was decision was made at the session held on March 21, 2024, right before the expiration of the 6-month deadline that the Government had to submit this law in the form of a proposal. However, in the announced agenda of said session the adoption of this Proposal is not mentioned, neither it is mentioned in the published information of the Government after the session ended, which casts doubt on the very method of determining the Proposal.

Transparency International in Bosnia and Herzegovina, as well as all relevant international and domestic organizations, previously warned about the harm and consequences of the adoption of this Law, which directly targets associations that are financed from abroad, that is, those that are not under the control of local authorities and limits their field of action. Nevertheless, the Government of the RS completely ignored all warnings, and the Law, which drastically encroaches on basic human rights, is sent to the procedure only a few days after the European Union gave its consent to the opening of negotiations for BiH, emphasizing the freedom of action of civil society as one of the key priorities that BiH must fulfill in order to officially start negotiations with the EU. At the same time, NSRS hypocritically adopted formal conclusions that are calling for the “acceleration of the European path”, adopting laws that are in complete contradiction to that same European path at the same time.

TI BiH notes that the text of the Proposal itself is not yet available to the public, as well as the official record from the session where it was allegedly determined. With this, the authorities in the RS continue the trend of establishing complete control over freedom of speech and the activities of civil society, moving in the direction of stifling any form of criticism, proposing, and adopting legal solutions without any regard for public reactions, through fake procedures of public hearings and passing laws.

TI BiH calls on the representatives in the NSRS to use the last chance and reject this proposal by voting against the law, which is not only the result of problematic procedures and endangers the proclaimed “European path”, but, most importantly, directly violates the basic human rights and freedoms of citizens in the Republic of Srpska, which the regime in the RS continues to side itself among sinister repressive and authoritarian regimes that openly persecute dissenters.

Over 1,300 witnesses and victims of corruption requested legal assistance from TI BIH, most complaints against the state administration and judiciary

Press releases ● 26 March 2024

Banja Luka, March 26, 2024 – During the past year, Transparency International’s Legal Aid Center in Bosnia and Herzegovina received 1,337 calls from citizens and handled 317 cases related to specific cases of corruption. Among the reporting structure, there were mostly witnesses (42.2%) and victims of corruption (28.3%), followed by public sector employees or so-called whistleblowers (12.6%) who reported corruption in the workplace. The number of whistleblowers (a total of 40 in 2023) who turn to TI BiH is again far, far greater than the number of persons who receive the status of protected corruption whistleblowers from the competent institutions, which clearly shows that citizens still do not have enough trust in the system.

As in previous years, the largest number of cases was relating to the state administration sector (135), where citizens reported the most irregularities in the field of employment. In one of the cases, the Institution of the Ombudsman for the Protection of Human Rights of Bosnia and Herzegovina made a recommendation to the Railways of the Republic of Srpska and the Ministry of Transport and Communications of the RS to remove discriminatory treatment during employment in this public company. Also, acting on the TI BIH repoert, the Public Procurement Agency of BiH submitted a request for the initiation of misdemeanor proceedings to the misdemeanor department of the competent Municipal Court in Sarajevo against “Lutrije BiH” because this contracting authority in the procurement of advertising on web portals referred to precisely specified portals, among which there are even some without advertising space.

Last year, there is also a case in which, after the action of TI BiH, the Federal Ministry of Labor and Social Policy determined that the competent service of the Zenica-Doboj Canton is obliged to pay one-time assistance to 3,043 unemployed persons who were initially denied this assistance.

After public administration, the largest number of proceedings of TI BiH was recorded in the field of justice (38), and in one of the most significant cases, TI BiH filed a disciplinary report against the Chief Prosecutor of BiH Milanko Kajganić, who assigned most of the cases outside the TCMS automatic management system, which is why his predecessor in this position, Gordana Tadić, was dismissed. Last year, TI BiH initiated 30 cases related to conflict of interest before the competent institutions, and after the State Commission was recently unblocked, the first sanctions were imposed against the director of the Communications Regulatory Agency of BiH, Draško Milinović, while proceedings were initiated against State Minister Sevlid Hurtić and the new director of BH Telekom, Amel Kovačević.

2023 marks the 20th anniversary of the Center for Providing Legal Aid in the fight against corruption, which stood by numerous citizens whose rights were threatened, or who witnessed corrupt acts. It is important to point out that the trends have changed and that in previous years, reports were mainly related to doctors and police officers receiving bribes. Now, citizens report more abuse of official positions by holders of judicial functions, as well as violations of the law by police authorities, which is particularly controversial because these are institutions that should have a leading role in the fight against corruption.

In the coming period, TI BiH will continue to provide legal assistance to citizens who are facing corruption, who can contact us anonymously via the free number 0800 55555 and the online platform prijavikorupciju.org. TI BiH especially invites whistleblowers, or persons who report corruption from their immediate work environment, to contact us in case they need legal support.