Press releases

TI BiH sent an open letter to the Council of Ministers of BiH – to stop obstructions to the adoption of the new Law on Conflict of Interest

Press releases ● 19 June 2020

According to the conclusions of the House of Representatives of the BiH Parliamentary Assembly, the BiH Council of Ministers did not meet the deadline within which the draft Law on Conflict of Interest in BiH Government Institutions should have been sent to the procedure. The 90-day deadline expired in April, and Transparency International in BiH (TI BiH) sent an open letter to the Ministry of Justice and the BiH Council of Ministers.

Banja Luka, 19. June 2020 – According to the conclusions of the House of Representatives of the BiH Parliamentary Assembly, the BiH Council of Ministers did not meet the deadline within which the draft Law on Conflict of Interest in BiH Government Institutions should have been sent to the procedure. The 90-day deadline expired in April, and Transparency International in BiH (TI BiH) sent an open letter to the Ministry of Justice and the BiH Council of Ministers.

The draft law, in the drafting of which TI BiH also participated, and which was supported by international organizations, including the EU and the OSCE, was before the deputies of the House of Representatives 16. January this year, but instead of declaring the Proposal, the House of Representatives instructed the Council of Ministers to draft its own draft law, which has not happened to date. Due to all this, it seems that the competent institutions are obstructing the adoption of this Law, which is one of the key mechanisms for the prevention of corruption.

The existing legal solution does not contain all the necessary mechanisms for the prevention of conflicts of interest, is not in line with international standards, and is not applied at all because the new convocation of the Commission for deciding on conflicts of interest since 2018. he has not been appointed, so there has been no one to solve numerous applications for two years.

We remind you that the latest report of the Group of Countries against Corruption of the Council of Europe (GRECO) clearly states that there is no credible and independent mechanism in BiH that deals with conflicts of interest, and that urgent changes are needed in this area. Also, the improvement of this law is one of the 14 key priorities in the European Commission’s Opinion on BiH’s application for EU membership.

With an open letter, TI BIH again submitted proposals to the address of the Ministry of Justice and the Council of Ministers of BIH, with which all relevant international institutions agreed, which also earlier appealed for the adoption of the Law. Among other things, it is proposed to expand the circle of persons to whom the law will be applied, to prevent the misuse of public resources for political promotion, as well as to establish an independent commission that would decide on conflicts of interest. That commission would be elected on the basis of a public competition, while according to the current law, the majority of members of the Commission are representatives of both houses of the PSBiH and decide on conflicts of interest of their party colleagues. Also, one of the key proposals is the establishment of a mechanism for checking property records and the introduction of sanctions for providing false information.

Having in mind the lack of will to improve the Law on Conflict of Interest, TI BiH appealed to the Ministry of Justice and the Council of Ministers to finally start the law drafting procedure, guided by international standards and recommendations, to open the process to the public, enable public debate and include all relevant domestic and international organizations in order to reach the best possible solution that will improve anti-corruption mechanisms.

However, it is evident that the prevention of conflicts of interest is obstructed at all levels of government in BiH, which opens space for numerous abuses and corruption, and leads to numerous officials performing two or more incompatible functions without any consequences. In the Federation of BiH, the Law on Conflict of Interest has not been applied since 2013. because no amendments to the regulations that would define who determines the conflict of interest have been adopted. In the Republika Srpska, the law is applied, but it contains numerous shortcomings, so most public officials perform several incompatible functions, hiding behind the long-term mandates of the acting president. Republika Srpska envisaged its improvement in the Anti-Corruption Strategy, in charge of the Ministry of Administration and Local Self-Government as the proposer of the changes, but it was publicly announced from this ministry that it does not plan to do that in the near future.

Press rls – 19.6.2020.

Ministry of Justice of BiH_Open letter

Council of Ministers of BiH_Open letter

TI BiH filed a criminal complaint due to the procurement of the RS Institute of Public Health

Press releases ● 30 May 2020

Transparency International in Bosnia and Herzegovina (TI BiH) has filed a criminal complaint with the Banja Luka District Public Prosecutor’s Office against the management of the RS Institute of Public Health over disputed procurement of medical equipment from unqualified bidders. (more…)

Criminal charges of TI BiH against Milorad Dodik for wiretapping the opposition

Press releases ● 21 May 2020

TI BiH notes that Milorad Dodik openly admitted that he was establishing elements of a totalitarian state by eavesdropping on his political opponents. In addition to allegations of unauthorized wiretapping of the opposition, the Prosecutor’s Office of BiH must investigate allegations that paraintelligence structures have been created in BiH, headed by the entity Minister of Police Dragan Lukac. (more…)

Civil society organizations sent a reaction from the RS Ministry of the Interior due to the violation of constitutionally guaranteed rights

Press releases ● 20 May 2020

You can read the reaction of civil society organizations to the Ministry of Internal Affairs of the Republika Srpska below.

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Dear All,

Civil society organizations monitor all events related to the right to public assembly and freedom of expression, and from the media they are acquainted with the announcement of your Ministry from 13.05.2020. which states: “The Ministry of Internal Affairs of the Republic reminds citizens that public gatherings of citizens must take place only in accordance with the Law on Public Assemblies, whether they are organized by citizens, citizens’ associations or political parties. In recent days, gatherings of activists of the political party “Movement of Justice” have been evident in the center of Banja Luka, and they have been warned that such gatherings can only be held in accordance with the existing law. “Political parties are obliged, like all other citizens, to report their public gatherings to the competent police station in accordance with the provisions of the Law on Public Assemblies, and all other public gatherings outside the legal procedures will be sanctioned.”

Also, some web portals published the answer of the spokesperson of the Police Administration of Banja Luka, Ms. Danijela Mučibabić, in which she, to the statement of journalists that members of the police tonight (13.05.2020) warned certain citizens who sat on public benches or stood on the promenade to could not be there, she replied that “these are not individual citizens who sat on public benches, but a public gathering that was not reported in accordance with the Law on Public Assembly, and that police officers noticed that members and activists of the political The “Justice Movement” parties gather in front of the Church of Christ the Savior at the same time every night, and it follows that this is a public gathering of political party activists, and not “sitting of citizens on public benches”.

Having in mind the announcement of your Ministry, the views of the spokesperson and chief of the Banja Luka Police Administration, and the activities carried out by police officers on the ground, one gets the impression that citizens who are members and sympathizers of political parties do not have the right to gather and stay in public. each of their public appearances and meetings with other persons must be planned in advance and notified to the competent authorities. At the same time, we are concerned about the views of the Banja Luka Police Department spokesperson, who distinguishes between citizens sitting on benches and members of the Justice Movement political party who also sit on benches, which means that “ordinary citizens” can sit on benches political parties “Movement of Justice” cannot do that without the approval of the competent body.

We remind you that Bosnia and Herzegovina has incorporated into its Constitution the provisions of the European Convention on Human Rights and Fundamental Freedoms, according to which everyone has the right to freedom of peaceful assembly and association, including the right to form and join trade unions. interest. No restrictions shall be placed on the exercise of these rights, other than those prescribed by law and necessary in a democratic society in the interests of national security or public safety, to prevent disorder or crime, to protect health or morals, or to protect the rights and freedoms of others. International human rights standards say that even if unregistered gatherings take place, as long as the assembly is peaceful, its ban or interruption due to non-registration is a disproportionate interference with the exercise of the right to free assembly, even if there is no such provision for spontaneous gatherings in law.

The Constitution of the Republika Srpska in Article 10. prescribes that the citizens of the Republic are equal in freedoms, rights and duties, are equal before the law and enjoy the same legal protection regardless of race, sex, language, nationality, religion, social origin, birth, education, wealth, political and other beliefs , social status or other personal characteristics, while in Article 14. The Constitution states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Having in mind all the above, we demand that the RS Ministry of Internal Affairs stop discriminating against citizens who are members of the “Justice Movement” political party and violate their constitutionally guaranteed rights to peaceful assembly and organization.
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Signatories:

Transparency International BiH

Civil Right Defenders

Banjalučki centar za ljudska prava

Helsinški parlament građana Banja Luka

Oštra Nula Banja Luka

Centar za mlade Kvart Prijedor

Asocijacija za demokratske inicijative Sarajevo

Sarajevski otvoreni centar

Centar za životnu sredinu Banja Luka

Dopis za MUP-maj 2020

Illegally appointed members of the Supervisory Board of the FBiH Development Bank

Press releases ● 16 May 2020

The Government of the Federation of BiH has agreed to appoint the same persons for the second time as acting members of the Supervisory Board of the FBIH Development Bank (NO RB FBiH), although by law these appointments may not be repeated, and the political engagement of individual members is controversial. (more…)

After the TI BiH report: RS Ministry of Education and Culture must destroy lists of workers who give up personal income

Press releases ● 08 May 2020

After the report of TI BiH, the Agency for Personal Data Protection confirmed that the Ministry of Education and Culture of RS illegally compiled lists of workers who give up personal income in favor of the Solidarity Fund.

Banja Luka, 8. May 2020 — The BiH Agency for Personal Data Protection has banned the RS Ministry of Education and Culture from compiling lists of employees who waive personal income in favor of the Solidarity Fund, because it is an illegal practice. After Transparency International in BiH (TI BiH) reported to the Agency that these lists were compiled without a legal basis and could serve as a means of pressure and discrimination against workers who did not agree, the Agency conducted a procedure and ordered the destruction of the lists.

– The Agency banned the Ministry from requiring primary and secondary schools, cultural institutions, dormitories and administrative organizations within the Ministry to compile lists of employees who signed statements and agreed to direct a certain percentage of personal income for March to the Solidarity Fund, and ordered to delete and destroy all submitted lists of employees, it is stated in the decision of the Agency for Personal Data Protection of BiH.

TI BiH reported this case because compiling the lists violates the principle of voluntariness. After the public was informed about that, the Ministry of Education and Culture of the RS reacted, rejecting the allegations that the principle of voluntariness is violated in the educational system when paying into the Fund.

– Nand the basis of the conclusion of the Government of Srpska from 26. In March, it was proposed that each manager inform the employees that they can direct a certain percentage of their personal income for March to the special purposes of the Solidarity Fund for the Reconstruction of Srpska, fully respecting the principle of voluntariness and solidarity.. In a letter sent to educational institutions, the Ministry clarified the details of the procedure for payment of funds to the Solidarity Fund, without violating in any way the Law on Personal Data Protection , it is stated in the reaction of the Ministry sent 4. April.

Although the statement of the Ministry does not mention that the compilation of lists was ordered, the Agency for Personal Data Protection in the conducted procedure established that for the purpose of regular control of salary calculation, compilation of lists and their submission to the Ministry was requested. From the beginning, TI BiH claimed that the lists could be used as a means of putting pressure on employees, and we remind you that employee representatives also presented information to the public that certain directors are forcing employees to give up part of their income.

Press rls – 8.5.2020.

Protect whistleblowers during the COVID-19 pandemic and withdraw the Panic Regulation

Press releases ● 07 April 2020

TI BiH calls on the President of RS to withdraw the Decree on the Prohibition of Panic and Riots during the State of Emergency and notes that the RS Constitution stipulates that the President of the Republic cannot suspend the right to freedom of expression and opinion. The Law on the Protection of Persons Reporting Corruption guarantees these persons special legal protection and must not be prosecuted in the event of a report of corruption in connection with the fight against COVID-19. (more…)

The RS government is illegally making lists of workers who “voluntarily” give up their personal income

Press releases ● 04 April 2020

Lists of workers who allegedly voluntarily give up personal income in favor of the Solidarity Fund for the Reconstruction of the Republika Srpska are made without any legal basis and can serve as a means of pressure and discrimination against those who did not agree. (more…)

NOTICE

Press releases ● 23 March 2020

We would like to inform you that the staff of Transparency International in BiH due to the COVID-19 epidemic, he is currently working outside the office. Please apply You are sending it to the Legal Aid Center via the e-mail address centar@ti-bih.org , because the free line for reporting corruption cases (0800 55555) will not accept applications until April 27, 2020.

Thank you for your understanding.

Court decides – fugitive Stefan Karganović slandered the association he put on the list of “destroyers of Republika Srpska”

Press releases ● 02 March 2020

The list of “destroyers of the Republika Srpska”, compiled by fugitive Stefan Karganović without any evidence, was aimed at slandering non-governmental organizations, media and individuals, the Basic Court in Banja Luka concluded. (more…)

The largest number of reports of corruption to the state administration and judiciary, the number of reports of whistleblowers decreased

Press releases ● 27 February 2020

Transparency International in BiH (TI BiH) handled 173 corruption cases through the Center for Legal Aid in the Fight against Corruption, and citizens sent more than a thousand calls to the toll-free corruption hotline 0800 55555. (more…)

TI BiH organizes a roundtable on disciplinary accountability of the judicial function holders

Announcements ● 27 February 2020

Transparency International in Bosnia and Herzegovina (TI BiH) is organizing a roundtable entitled „Disciplinary Accountability of the Judicial Function Holders“ at which TI BiH will present the Analysis of disciplinary accountability of the judicial function holders in BiH from the point of legal framework, but also the practice of determining disciplinary accountability of judges and prosecutors. (more…)

TI BiH presents results of the Center for Legal Advice for 2019

Announcements ● 26 February 2020

Transparency International in Bosnia and Herzegovina (TI BiH) is organizing a press conference to present the results achieved in 2019 by the Center for Legal Advice. (more…)

Further politicization of clinically dead public administration reform

Press releases ● 10 February 2020

Transparency International in BiH (TI BiH), Foreign Policy Initiative BiH (VPI) and UG Why Do Not Invite the BiH Council of Ministers to reconsider the Proposal of the Decision on Amendments to the Decision on Establishment of Public Administration Reform Coordinator’s Offices in the Cabinet of the BiH Council of Ministers concerning the appointment of the Chief Public Administration Reform Coordinator. (more…)

The Prosecution of Bosnia and Herzegovina has refused to publish an indictment against Dragan Mektic and others

Press releases ● 05 February 2020

Due to the great public interest in this case, as well as the process of confirming the indictment, TI BiH requested complete information, but the Prosecutor’s Office claims that there is no public interest in this case. (more…)

BiH is among the countries that are falling behind the most in the fight against corruption

Press releases ● 23 January 2020

According to the Corruption Perceptions Index list, BiH dropped 11 places, receiving the worst rating in eight years, and is among the countries lagging behind the most in the fight against corruption.

Sarajevo, 23. January 2020 – According to the Corruption Perceptions Index, Bosnia and Herzegovina was rated 36 this year (on a scale of 0-100), the worst since 2012. Since the Corruption Perception Index (CPI) has been based on the existing methodology, thus ranking among the countries that are continuously declining globally. In the ranking list of the Index published by Transparency International, BiH fell by 11 places compared to last year and together with Kosovo took 101. position of 180 states. Of the countries in the region, the best placed is Croatia, which is still three places behind and ranks 63rd. position, Montenegro and Serbia received the same rating as in previous years and occupy 66th and 91st, respectively. position, and Northern Macedonia is with 93. fell to 106. place and holds the worst position in the region.

According to the report, such a large decline in BiH was mostly due to irregularities in the conduct of elections, laws in the field of financing political parties and election campaigns, which did not allow citizens the right to free and fair elections, as TI BiH pointed out. campaigns. BiH is thus one of the countries that, due to the constant increase of the most serious forms of political corruption, are not able to provide their citizens with basic human rights.

Brutal repression and threats to voters, manipulation of voter lists and election results, along with the full mobilization of state resources in the service of the ruling parties, distance the country from political responsibility and democratization. As a result of irregular elections, BiH authorities have very questionable legitimacy, which further compromises the appointment of convicted criminals to the highest executive positions. Parliaments, deprived of any function of parliamentary oversight, reduce parliamentarians to mere spokespersons of party leaders, without the possibility of any of the anti-corruption laws, such as conflict of interest laws, political party financing or the High Judicial and Prosecutorial Council, in a unlikely position to be adopted.

Full political and control of organized crime over the judiciary requires priority action. Unfortunately, the initiative of civil society organizations to conduct detailed inspections (vetting) of all judicial office holders was ignored by the BiH authorities, but also by the EU. This is also part of the broader problem of the lack of implementation of the EU Strategy for the Western Balkans.

“BiH is in a situation where corruption has become an official state, entity and cantonal policy, and this can be seen in every single move of institutions – if you analyze any appointment, tender, regulation, you will see that it is a very clear particular interest. behind them “, pointed out the chairman of the Board of TI BiH Srdjan Blagovcanin, commenting on the findings of the Corruption Perception Index.

Based on detailed and comprehensive analyzes, TI BiH has prepared a proposal of measures that should address the causes of corruption in a systematic way, related to improving the election process, reforming the judiciary with a focus on vetting, detailed systematic reviews and audits of the public sector and public enterprises. to result in their rationalization and depoliticization.

Press rls 23.1.2020.

CPI 2019 final