Press releases

Authorities Introduce Brutal Dictatorship in Republika Srpska – Arson of Nebojša Vukanović’s Car a Result of Lynch-Mob Atmosphere

Press releases ● 14 March 2025

Banja Luka, March 14, 2025 – By adopting the Law on the Protection of the Constitutional Order of Republika Srpska, which establishes parallel judicial institutions and a para-intelligence “Service for the Protection of the Constitutional Order,” the ruling regime is ushering Republika Srpska into a phase of open dictatorship. This will have devastating consequences for citizens’ human rights and freedoms, which have already come under brutal attack in recent days. The persecution of dissent is now legalized, while the creation of such bodies gives the regime the tools to repress opponents by the most brutal means.

Transparency International in BiH warns that such laws and actions are characteristic of authoritarian regimes and, rather than protecting the constitutional order, they in fact represent its grave undermining. These developments lay the legal groundwork for state terror against its own citizens – a culmination of earlier decisions. Such processes are typical in dictatorships where legitimacy is lost, and the authorities resort to legal and violent methods to suppress dissent.

We recall that the government has already adopted a series of laws restricting media freedom, freedom of speech, association, and public assembly. This has been followed by legislation that not only disrupts the constitutional framework and attacks institutions, but also aims to assert full control over the judiciary and law enforcement agencies – with the sole purpose of shielding Milorad Dodik from prosecution.

Finally, the adoption of such laws is taking place in a lynch-mob atmosphere orchestrated by the ruling authorities, with open calls for violence from the parliamentary floor and attacks on journalists and the opposition. This has culminated in the arson of opposition MP Nebojša Vukanović’s car outside his family home in Trebinje – an act that TI BiH strongly condemns, calling on institutions to respond urgently.

Transparency International in BiH therefore urges an immediate constitutional review of these legislative provisions and calls on law enforcement agencies to ensure the safety of all citizens. We also expect institutions themselves to resist pressure and attacks in order to uphold the fundamental rights of the public.

Professional supervision, written testing and interview recording – proposals for fair and equitable employment

Press releases ● 12 March 2025

Sarajevo, March 12, 2025 – Recording interviews, mandatory written testing of all candidates using advanced question-selection software, professional and independent oversight of the entire recruitment process, and mandatory public reporting on conducted competitions are among the key proposals for a fair and transparent public sector employment process put forward by Transparency International in Bosnia and Herzegovina (TI BiH).

Employment is the area where citizens most frequently encounter corruption, as shown by data from the TI BiH Free Legal Aid Center, which has handled 2,936 citizen reports since 2011, with 1,191 related to public administration, primarily employment. The widespread nepotism, favoritism toward politically connected candidates, and lack of transparency have led nearly four-fifths of BiH citizens (78.6%) to believe that public sector jobs are obtained “through connections.”

“Recruitment processes in the public sector are too often under political control, criteria are interpreted selectively, and favored candidates are known in advance. This situation enables political manipulation and supports a captured state — where institutions serve party interests instead of those of citizens,” was stated at the Fair and Transparent Employment conference organized by TI BiH under the project Preventing the Capture of Institutions and Public Resources (CERC), implemented with the support of the Government of the United Kingdom through the UK International Development program.

For this reason, TI BiH has proposed a new model of oversight over recruitment procedures in the public sector, to be entrusted to independent bodies such as anti-corruption offices, responsible for selecting, training, and supervising employment supervisors. This supervision mechanism should be institutionalized through regulations on hiring procedures by cantonal ministries of labor, ensuring adequate training and capacity-building of supervisors to guarantee their expertise.

In addition to supervision, stricter and fairer recruitment procedures have been proposed, including mandatory written testing, using exam questions generated immediately before the test via software solutions, and mandatory video recording to ensure objective and impartial evaluation and oversight at all stages.

It is also proposed that supervisors’ reports on conducted procedures be made publicly available, providing the public with an additional layer of control, while candidates would have the opportunity for direct communication with supervisors to report any irregularities in the recruitment process. Finally, and perhaps most importantly, the proposal includes clear obligations for supervisors to report identified irregularities and for institutions to act on supervisors’ findings.

Employment supervision was previously applied in Sarajevo Canton but was abolished in 2024. Although it showed certain shortcomings in its design and application, it demonstrated that supervisors prevent irregularities at an early stage — before they develop into serious abuses.

“Supervisors influenced greater caution by commissions, correction of mistakes on the spot, and the creation of an atmosphere of accountability. Their presence reduced the possibility of manipulation, while candidates had an additional channel to report suspicions. Although the mechanism was abolished in 2024, analyses clearly show that its potential was much greater,” showed the analysis presented by TI BiH at the conference.

The proposed supervision mechanism is not just an administrative tool — it is an institutional response to the systemic problem of corruption in employment. Through transparency, independence, and public accountability, this model can become the foundation for fairer employment, reducing corruption risks and limiting the space for political control over public sector hiring.

Therefore, Transparency International BiH has called on governments and will submit official initiatives for them to urgently adopt regulations institutionalizing the supervision mechanism in employment and establishing clear standards of transparency, objectivity, and accountability in recruitment procedures.

Laws Adopted by the RS National Assembly Represent a Retaliatory Attack on All Critical Voices

Press releases ● 28 February 2025

The laws adopted by the ruling majority in the National Assembly of Republika Srpska constitute a retaliatory blow against all critical voices in the entity, particularly targeting independent civil society organizations, media, and the opposition. The undersigned civil society organizations stress that the adoption of the so-called “Foreign Agents Law,” which has long been threatened, has created the groundwork for systemic persecution of dissent. Furthermore, amendments to the Criminal Code, intended to force state-level MPs, judicial officeholders, and other BiH institutional employees into blindly following the decisions of the RS ruling majority, represent a severe blow to the foundations of democracy in the country. These laws were adopted in an atmosphere of public lynching and persecution fostered by government officials, culminating in last night’s assault on journalists by an advisor to the RS President – an attack we strongly condemn.

The Law on a Special Registry and Publicity of Non-Profit Organizations was passed under urgent procedure, with claims that its rejection would “undermine the constitutional order,” effectively putting a target on numerous organizations and media already labeled “enemies” by the government in recent days. This law was introduced as an act of revenge and part of a broader political response to the verdict against Milorad Dodik, debunking claims that its true aim was to “increase transparency and prohibit political activity by associations.”

We emphasize that RS institutions already have full legal authority to monitor financial and other operations of civil society organizations. Political activity by associations is already prohibited under current law – yet, this has clearly not applied to government-controlled NGOs, budget-funded groups that openly supported political parties and candidates in previous elections.

Under this law, any organization receiving international funding will automatically be branded a “foreign agent,” despite the fact that RS authorities themselves rely on funding from the same sources. Additionally, the law prohibits independently funded associations from proposing laws or “influencing public opinion,” precisely because they expose systemic problems in society.

This law provides a legal basis for arbitrary targeting and shutdown of any organization not aligned with government interests, under vague and subjective interpretations, on grounds such as political activity or undermining the constitutional order. Affected groups could include those working on human rights and anti-corruption, but also sports clubs, women’s rights organizations, labor unions, consumer rights defenders, and humanitarian NGOs.

The law will have devastating consequences for many organizations that have long supported citizens through social assistance, protection from violence and abusers, humanitarian action, legal aid, and more. We particularly stress that the amendments to the Criminal Code constitute an unacceptable attack on the core democratic values, allowing the ruling majority to control MPs, judges, prosecutors, officials, and other institutional employees.

These laws violate the Constitutions of Republika Srpska and Bosnia and Herzegovina, the European Convention on Human Rights and Fundamental Freedoms, and key international standards. They will not only silence or ban civil society organizations and stifle dissent but will also bring economic harm through the isolation of RS, stalled European integration, and reduced investment. We therefore call on the delegates in the Council of Peoples to stop the adoption of these repressive laws and urge the authorities to refrain from this and other announced acts of retaliation.

Signed by:

Banjalučki centar za ljudska prava
Centar za demokratiju i tranzicionu pravdu, Banja Luka
Centar za građansku suradnju, Livno
Centar za mlade KVART Prijedor
Centar za informativnu dekontaminaciju mladih
Centar za promociju civilnog društva CPCD
Centar za razvoj medija i analize CRMA
Centar za životnu sredinu
Centri civilnih inicijativa CCI
Fondacija “Lara”, Bijeljina
Fondacija “Udružene žene”, Banja Luka
Fondacija lokalne demokratije
Helsinški parlament građana Banja Luka
Humanitarna organizacija „Genesis Project“
Kuća ljudskih prava Banja Luka
Omladinska organizacija “Centar” Mrkonjić Grad
Oštra Nula
Mreža za izgradnju mira
Radnička solidarnost
Restart Srpska
Rosen Metod Centar BiH
Transparency International u Bosni i Hercegovini (TI BiH)
Udruzenje “Novi put”, Mostar
Udruženje građana “Mikro mreža”, Gradiška
Udruzenje gradjana “Buducnost”
Udruženje “IMPULS”
Udruženje Dignitet
Udruženje građana eTrafika.net
Udruženje građana RS “Stop mobbing“
Udruženje nezavisnih stvaralaca i aktivista GETO
Udruženje paraplegičara i oboljelih od dječje paralize Velika Kladuša
Udruženje Umbrella
Udruženje Val
Udruženje za promociju evropskih standarda i unapređenje poslovnog ambijenta Banjaluka
Udruženje za promociju medijskih sloboda, kritičko i istraživačko novinarstvo (SKIN)/Valterportal
Udruženje za zaštitu životinja Vardi
Udruženje žena “Napravi Razliku”
Udruženje žena Plane Makljenovac
UG SEMPER – portal Gerila
Ženska vizija Tuzla
Zdravo da ste
Udruženje građana “Druga priča” Trebinje – portal Direkt
Moja Hercegovina
Fondacije za kreativni razvoj iz Sarajeva
Udruge za promoviranje društvene solidarnosti “Srce za bližnje”.

Worst Result Yet: BiH Among the Three Lowest-Ranked Countries in Europe in Terms of Corruption

News ● 11 February 2025

Sarajevo, 11 February 2025 Bosnia and Herzegovina has suffered a significant decline in this year’s Corruption Perceptions Index (CPI), recording its worst score to date with 33 points, placing it alongside Belarus as the second worst-ranked country in Europe. This represents a drop of two points compared to last year and a decline of nine points since 2012, when BiH was among the better-ranked countries in the region. Today, it sits at the bottom of the Western Balkans, which on average shows slight progress.

The latest drop was heavily influenced by the collapse of integrity in the electoral process, as serious allegations of electoral fraud have plagued several election cycles. BiH now ranks alongside authoritarian regimes where governments have never changed through elections. Amendments to the electoral law imposed by the High Representative failed to address the issue, as the Central Election Commission effectively nullified most of the provisions meant to prevent abuse of public resources and manipulation of polling boards.

In a country with a façade of democracy, a government facing a legitimacy crisis is intensifying pressure on critics. This has been most visible in Republika Srpska through a series of attacks on civil society and the adoption of repressive laws aimed at silencing independent media and disabling associations not controlled by the government. This year’s TI report emphasizes that strong democratic institutions are key to effective anti-corruption efforts. Fully democratic states average a CPI of 73, flawed democracies 47, while non-democratic regimes average 33 – the exact score BiH received this year.

The focus of this year’s global CPI research is the impact of corruption on the environment. It shows how powerful individuals profiting from environmental destruction use their wealth and influence to buy government support and suppress dissent. This is highly relevant to BiH, where, following the tragedy in Jablanica and numerous ecological issues (such as Bistrica, Lopare, Ozren, Vareš, Livno, and the Gudron pit in Modriča), it has become clear that profits for a few matter more to authorities than the lives, safety, and health of local populations. TI BiH’s data on concessions show that the state earns modest revenues from significant natural resources, while individuals benefit due to weak laws and non-transparent governance, avoiding obligations and acquiring public assets at the expense of the public interest.

The dire state of the judiciary remains BiH’s weakest link. TI’s regional report notes that upcoming judicial reforms still contain many shortcomings. These reforms fail to improve the appointment process or ensure effective asset checks for judges and prosecutors. Last year’s amendments to the HJPC Law, intended to address these issues, have yet to be implemented. The captured judiciary continues to show poor results in prosecuting high-level corruption. Despite some convictions of senior officials in the Federation last year, the most serious corruption scandals remain unresolved.

Given all this, institutions must undertake urgent reforms. In its comprehensive National Integrity Study, Transparency International outlined anti-corruption steps across key sectors. These include regulating conflict of interest, systemic whistleblower protection, stronger oversight of the executive, electoral reform, and strengthening the independence of the judiciary and other law enforcement agencies – all of which align with BiH’s path toward EU integration.

Press rls_11.2.25

Additional content

• More on CPI 2024
• Global CPI 2024
• CPI 2024 East Europe and Cental Asia
• CPI 2024 Presentation
• CPI 2024 Media Kit

INTRODUCING THE ‘ACCESS TO INFORMATION’ TOOL: A STEP TOWARD GREATER TRANSPARENCY IN BIH

Press releases ● 30 January 2025

Sarajevo, January 30, 2025 – Today in Sarajevo, the online tool ‘Access to Information’ (Pristupi Informacijama) was officially presented. This platform enables users to create requests for free access to information directed at all institutions in Bosnia and Herzegovina. The tool, available at pristupinformacijama.ba, provides an automated and intuitive process for submitting requests and allows citizens, media, and civil society organizations to draft and send follow-ups and appeals, as well as receive reminders for deadlines at each stage of obtaining information of public importance.

“The aim of this tool, whose development was supported by the European Union, is to enhance access to information, which not only improves the transparency of public authorities but also increases citizens’ participation in the work of institutions. This is a fundamental prerequisite for the democratic nature, openness, and accountability of institutions, stated Aurelie Valtat, Head of Political, Press and Information Section at the Delegation of the European Union in BiH.

The Access to Information tool features an intuitive and user-friendly interface that guides users through each step of drafting an access to information request. It also contains a database of several thousand public institutions, agencies, enterprises, and organizations at all levels of government in Bosnia and Herzegovina, allowing citizens to direct their inquiries appropriately.

Once a request is created, users can print and send it to the relevant institution, after which the tool tracks deadlines and automatically notifies users of available options, such as sending a follow-up or appeal if the public authority fails to respond within the legally prescribed timeframe. Additionally, citizens can request legal assistance if they encounter difficulties in obtaining the requested information.

“Our goal was to provide citizens with a simple and intuitive way to draft their requests independently, enabling them to obtain information from public authorities, as this is one of the fundamental rights guaranteed by freedom of information laws,” said Marko Vujić, a legal aid associate at Transparency International in BiH (TI BiH), which implemented the project in collaboration with Vaša prava BiH (VP BiH).

It is important to emphasize that the Access to Information tool enables users to submit requests to all public institutions in BiH while automatically selecting the appropriate legal framework based on the level of government and the institution’s jurisdiction. This feature significantly simplifies the process, considering that three different laws currently regulate access to information in Bosnia and Herzegovina.

The presentation of the Access to Information tool also highlighted shortcomings in the Freedom of Information Law in BiH. A legal analysis of the law reveals inconsistent terminology, unclear provisions on the public interest test, a lack of harmonization with other legal acts, unjustifiably long response times, and the absence of adequate sanctions, all of which hinder its implementation and reduce the efficiency of public access to information.

“Due to vague provisions and inconsistencies with other laws, which allow for ambiguous interpretations, the implementation of the Freedom of Information Law in Bosnia and Herzegovina has become arbitrary and unreliable, further eroding public trust in institutions,” said Emir Prcanović, Director of Vaša prava BiH.

The discussion also highlighted weaknesses in the entity-level access to information laws, such as the lack of proactive disclosure provisions, non-compliance with international standards, and the absence of an oversight mechanism in the Freedom of Information Law of Republika Srpska.

Enhancing transparency and institutional accountability is crucial for rebuilding public trust and ensuring the effective functioning of a democratic society. To this end, TI BiH plans to organize training sessions and workshops for media professionals and civil society representatives to familiarize them with the Access to Information tool. These efforts aim to promote the practical application of the right to information and encourage greater proactive transparency among public institutions.

TI BiH: Introduction of Censorship “Through the Back Door” via Amendments to the FBiH Criminal Code

Press releases ● 28 January 2025

Sarajevo, January 28, 2025: The Federal Ministry of Justice’s intention to penalize the publication of personal photos, videos, and other content without consent through fines and imprisonment, as proposed in amendments to the Criminal Code of the Federation of BiH, opens the door to abuse and imposes censorship in the public sphere, warns Transparency International in BiH.

The proposed Article 193a is even more repressive than provisions in the controversial amendments to the RS Criminal Code that criminalized defamation in 2023 and laid the groundwork for suppressing public criticism. While in Republika Srpska unauthorized publication is punishable only if it causes harm to the person depicted or their family, the FBiH proposal treats any publication without consent as a criminal offense, creating broader potential for misuse.

Furthermore, the draft lacks clear exemptions for cases of public interest – such as content exposing illegal activity or harm to others. The provision is also problematic in that it criminalizes publication of any content of a “personal nature” without defining what this entails, leaving room for arbitrary interpretation and sanctions.

The explanation for the draft amendments states that this criminal offense was added after the public consultation phase, supposedly in response to requests from the “social community” to protect privacy. Notably, this provision was not part of the initial draft that underwent public debate, where many organizations and individuals had the opportunity to provide input. By introducing it later, the public was denied a chance to comment on the potentially harmful implications of such a provision.

The House of Representatives of the FBiH Parliament adopted the draft in 2022 and tasked the proposer to conduct public consultations and consider all feedback.

However, since the criminal offense of Unauthorized Publication and Display of Files, Portraits, and Recordings was not included in the draft, the public was denied the opportunity to submit comments or suggestions. TI BiH has therefore contacted the Federal Ministry of Justice requesting information on when the provision was added to the final proposal and at whose initiative.

TI BiH stresses that public participation in lawmaking is essential to identify potential legal ambiguities, risks of abuse, and harmful impacts. While protecting privacy is legitimate, legal amendments aimed at protecting vulnerable groups and clarifying forms of violence must not be misused to impose censorship or restrict media freedom.
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Press rls_28.01.25

TI BiH: Fight against corruption is deliberately obstructed – Authorities’ priority is to maintain control over institutions

Press releases ● 12 December 2024

Bosnia and Herzegovina has still not made significant progress in the fight against corruption, and it remains a serious concern, requiring intensified efforts to achieve a consistent track record in combating corruption. The lack of harmonization of the legal framework areas of the country continues to hamper the fight against corruption. The legal framework for preventing corruption is still incomplete, and the adopted anti-corruption laws are not consistently and efficiently implemented, while key mechanisms and bodies for the prevention and fight against corruption at various levels remain fragmented and uncoordinated.

While citizens of Bosnia and Herzegovina expect the results in fighting corruption, especially high-level corruption, drafts of important laws have been waiting for adoption for years and the authorities in BiH show little will to establish independent and effective institutions for their implementation. These were the topics discussed at the conference “Strengthening Integrity and Accountability in the Fight Against Corruption in BiH.”

“Tackling corruption is vital primarily for Bosnia and Herzegovina and its citizens. On the other side, there can also be no progress towards EU membership without progress in the rule of law. Despite progress in strategies and investigations, the low number of final convictions in high-level corruption cases remains a serious issue. Institutional reforms, professionalizing anti-corruption bodies, and harmonizing efforts are critical for sustainable results. The EU will continue to support BiH’s efforts in strengthening the rule of law and fight against corruption,” said Aurelie Valtat, Head of European Integration, Political, Press and Information Section at the EU Delegation to BiH.

‘’Corruption remains one of the greatest threats to the progress of Bosnia and Herzegovina. But corruption is not an unavoidable component of governance, it can be combated with the correct strategies, policies, and leadership. Today’s decisions will shape the future of the generations to come, and it is imperative that those decisions are made with the highest ethical standards. Together with our partner Transparency International, Sweden supports Bosnia and Herzegovina to build alliances, share best practices, harmonize Anti-Corruption efforts, and support transparency and accountability’’, Ambassador of Sweden in BiH, H.E. Helena Lagerlöf, said.

The conference specifically highlighted the need for establishing efficient conflict of interest prevention system, aligned with international standards. There are delays in applying the law at the level of BiH institutions, which means that conflicts of interest at this level of government remains unaddressed. There has been no improvement in entity-level laws, with the situation remaining most alarming in the Federation of BiH, where for over ten years there has been no body responsible for deciding on conflicts of interest. As a result, more than 230 officials in the Federation are currently holding multiple positions, often presenting conflicts of interest, while institutions make contracts with the family businesses of public officials or appoint their family members to key positions without any responsibility or consequences. In Republika Srpska, recent amendments to the law have failed to improve the existing framework, while major shortcomings in the work of the competent Commission have further highlighted the urgency of comprehensive reforms to establish a consistent and efficient conflict of interest prevention system.

Deficiencies have also been identified in other areas, which, despite certain changes in the previous period, still hinder effective corruption prevention. A prerequisite for quality decision-making processes and efficient institutional oversight is the improvement and harmonization of freedom of information laws at all levels. It is also necessary to adopt a whistleblower protection law in the Federation of BiH, while at other levels of government, mechanisms for their protection need to be strengthened. This would provide better support for whistleblowers and more efficient detection of irregularities. The new provisions of the Election Law have not achieved their goal of preventing the abuse of public resources, highlighting the need for stronger control and accountability.

“The long-standing trend of worsening corruption in BiH, in addition to the devastating social and economic consequences, is also leading to paralysis and dysfunctionality within the institutional framework. This situation undoubtedly also has security implications, making the country a fertile ground for organized criminal groups and various extremist organizations. The standard of living of citizens is also strongly conditioned by the level of corruption, which is confirmed by the fact that GDP per capita in BiH is only 36% of the EU 27 average, which is even lower than the regional average of the Western Balkans,” said Srđan Blagovčanin, Chairman of the Board of TI BiH.

Press rls_12.12.24

Judicial reform key to fight against corruption

News ● 09 December 2024

Sarajevo, decembar 9th 2024 – December 9th, International Anti-Corruption Day was marked in Sarajevo today, which was an opportunity to emphasize the urgent need to enhance the fight against corruption and strengthen the rule of law. The conference provided a platform for key institutions to engage in a dialogue on the state and possible solutions in the field of justice sector reform.

Corruption in Bosnia and Herzegovina remains a serious concern, requiring intensified efforts to achieve a consistent track record in combating corruption. Judicial reforms addressing systemic challenges, restoring public trust, and upholding the rule of law are needed. To this end, BiH must establish an effective Justice Sector Reform Strategy as soon as possible. Furthermore, key legislation – i.e. the Law on the HJPC and the Law on Courts of BiH – are expected to be aligned with the EU standards. The civil society has an important role in providing suggestions to policymakers on how to shape future judicial reform. Thhese are some of the messages from the conference organized by Transparency International in Bosnia and Herzegovina (TI BiH) and the EU4Justice project, with the support of the European Union.

“For Bosnia and Herzegovina there can be no progress towards EU membership without progress in the rule of law and fight against corruption. This is not only essential on the EU path but will also improve the quality of life for people in Bosnia and Herzegovina and foster long-term development. We will continue to be a loyal partner to Bosnia and Herzegovina by supporting efforts to strengthen the rule of law and the fight against corruption. The citizens of this country expect that this will be a top priority for political actors, and they can count on our support,” said Adebayo Babajide, Deputy Head of the EU Delegation to Bosnia and Herzegovina.

The conference, which brought together representatives of institutions from all levels of government, international and regional organizations, discussed the current state of the judicial reform, the consequences of the lack of reforms on widespread corruption in the country, within two panels.

Minister of Justice of BiH, Davor Bunoza, one of the keynote speakers and panelists, said:”Reform of judiciary is a difficult road that we have to cross on the way to the EU. We must adopt and apply laws for our own sake. Harmonization of regulations with the EU acquis will always result in a higher degree of rule of law. The judicial reform has started, the results will not come overnight.”

At the conference, the importance was pointed out that reforms must lead to the independence, efficiency and integrity of the judiciary, which will be able to process high-level corruption cases and respond to the key challenges facing BiH. Also, it was stressed that it is necessary to strengthen the mechanisms of integrity and accountability of judicial office holders, as well as to reduce inappropriate influences by improving the process of appointing judges and prosecutors.

“The judiciary in BiH is in a state of complete institutional captivity, which results in impunity for political corruption, and often in the instrumentalization of the judiciary to achieve the particular interests of the ruling oligarchy itself. Unfortunately, despite the fact that reforms to strengthen the rule of law and strengthen integrity in the judiciary itself are highly prioritized in the European integration process, their effects so far could hardly be characterized as anything other than a farce,” said Srđan Blagovčanin, Chairman of the Board of Directors of TI BiH.

The need to ensure both transparency of the process and a quality systemic solution regarding the new Law on the HJPC was emphasized, and comments and suggestions for improvement were addressed, especially when it comes to specifying provisions on preventing conflicts of interest, the appointment of prosecutors and judges, as well as members of the Council, and the criteria for selecting members of the Council were discussed. The importance of inter-institutional cooperation, asset forfeiture, and financial investigations as prerequisites for a more efficient fight against corruption was also discussed.

„Although we ourselves are not entirely satisfied with what has been achieved, we expect the efforts made so far to be recognized, as well as the results that no one can ignore. Among other things, we have a former Prime Minister of the FBiH government, a former state minister, who have been convicted of high-level corruption, and one of them is currently on trial before the Court of BiH. Through the investigations launched at the end of last year and this year which have resulted with the deprivation of liberty of the former President of the Court of BiH and former Director of the Intelligence and Security Agency, as well as with the investigation against the former Director of the Border Police, who is on the run, we have shown our determination to prosecute all those for whom we find evidence, regardless of their status or the function they perform,“ highlited Milanko Kajkanić, Chief Prosecutor of the Prosecutor’s Office of BiH.

With EU support, economic advisors have been vital in assisting prosecutors’ offices with financial investigations into economic crimes, organized crime, and corruption. Their efforts have resulted in 91 first-instance convictions, 13 second-instance convictions, 15 final acquittals, and 16 first-instance acquittals. This highlights the need for a systemic solution to ensure their permanent role and continued support for prosecutors, enabling effective handling of complex cases.

„The EU4Justice Project contributed to articulate concete activities and relevant indicators of the Action Plan with measures of the Reform Programme concerning the fight against corruption and organised crime. Recently, on 26 September 2024, the Project was involved in drafting the ‘Guidelines for Chief Prosecutors on Establishing Internal Coordination System of Forfeiting Proceeds of Crime’ that was adopted by the HJPC BiH. The Guidelines will ensure consistent and harmonized practice throughout BiH and facilitate prioritization of Organised crime and Corruption cases that contain proceeds of crime,“ cocluded Isabelle Arnal, EU4Justice Team Leader.

Press rls_9.12.24

The Ministry of Transport and Communications of the Republic of Srpska Continues to ignore court decisions, despite the fourth verdict in favor of TI BiH

Press releases ● 29 November 2024

The District Court in Banja Luka has upheld the fourth lawsuit filed by Transparency International in BiH (TI BiH) against the Ministry of Transport and Communications of Republika Srpska, once again ordering the Ministry to clearly explain why the concession contract for the Banja Luka–Prijedor highway was classified as exempt from disclosure. The ruling emphasized that the Ministry prioritized the commercial interests of the Chinese investor over the public interest, without conducting a public interest test or providing specific evidence of commercial harm from disclosing information from the Financial Model, thus misapplying the Law on Freedom of Access to Information.
According to the Court, even if the commercial interests of the Chinese company were at risk, the Ministry was still obligated to assess whether disclosing details of the contract – such as financing methods and projected toll revenues – would serve a greater public benefit than protecting the concessionaire’s confidential business interests.
Despite clear legal obligations and four court rulings, the Ministry continues to deny access to key information from the highway construction contract, relying on vague claims of business secrecy.
In addition to these violations, the Ministry also denied the right to appeal its decision, thereby breaching not only the Law on Freedom of Access to Information, but also the Law on Administrative Procedure and the Constitution of Republika Srpska, which guarantees the right to appeal. TI BiH recalls that in this case, the Institution of Human Rights Ombudsman also issued a recommendation in 2022, ordering the Ministry to act on the submitted appeal.
Since 2021, TI BiH has been seeking access to all essential elements of the contract for one of the most important infrastructure projects in RS, citing public interest and suspicions that the deal was concluded under detrimental conditions for the entity.
In this case, TI BiH has been denied access to information despite four administrative disputes resolved in its favor and the annulment of all Ministry decisions. TI BiH requested that the Court notify the Republic’s Administrative Inspectorate due to the Ministry’s continued non-compliance and asked the Court to resolve the matter itself, but the Court refused, even though it is evident that the Ministry is abusing procedural powers to the detriment of TI BiH.

Press rls_29.11.24

The Prosecutor’s Office of Bosnia and Herzegovina suspended the investigation against Milorad Dodik, even though he publicly admitted that he was eavesdropping on the opposition

Press releases ● 26 November 2024

Banja Luka, November 26, 2024 – The Prosecutor’s Office of Bosnia and Herzegovina passed an Order on the suspension of the investigation against Milorad Dodik, even though he publicly stated that he was eavesdropping on the opposition. This statement was made at the session of the 13th Special National Assembly of the Republic of Srpska (NSRS) on May 20, 2020. Nine days later, after the complaint of Transparency International in BiH and the representative of the opposition, the Prosecutor’s Office of Bosnia and Herzegovina requested the first checks be carried out, but the Order on the implementation of the investigation was passed in September 2022, after Dodik declared that he was also eavesdropping on the US ambassador to Bosnia and Herzegovina.

Since the order to conduct the investigation was passed too late, that is, two years after this criminal offense was reported, in the opinion of the TI BIH, significant time was lost for gathering evidence. It follows from the prosecutor’s decision that certain pieces of evidence could not even be collected, because they are kept for a maximum of one year, which raises the question of why it took two years to issue an order to conduct the investigation? The Prosecution states that cooperation with the Intelligence and Security Agency of Bosnia and Herzegovina (OSA) was established, and the agency was given the opportunity to verify these allegations without detailed explanation.

Also, checks were carried out in order to determine the possibility of expertise of a certain server through which legal interceptions of telecommunications are carried out, and in order to determine whether there is recorded communication on it that indicate possible illegal interception. The aforementioned checks showed that the data is stored on the server for a maximum of one year, and that it is almost impossible to remove the server for inspection or expert examination, as this would jeopardize all investigations in which special investigative actions are being carried out. Namely, the legal interception of communications would have to be terminated, and there is no other server, according to the prosecutor’s decision.

It also follows from the decision of the Prosecutor’s Office of Bosnia and Herzegovina that numerous witnesses were heard in this case, but not the suspect Milorad Dodik. It should be emphasized that the acting prosecutor had the opportunity to conduct special investigative actions against the suspect, bearing in mind that he was charged with the criminal offense of Unauthorized eavesdropping and sound or optical recording, however, the decision did not state that these actions were undertaken. TI BiH sent a complaint to the Chief Prosecutor of the Prosecutor’s Office of BiH, and pointed out the shortcomings of the specific procedure.

It should be noted that numerous witnesses testified in this case, the then opposition MPs Nebojša Vukanović, Draško Stanivuković, Ivanka Marković, Miladin Stanić, Nedeljko Glamočak, Davor Šešić, Milan Tubin, Zoran Vidić and Tomica Stojanović and Branislav Borenović. The then Minister of Internal Affairs of the Republic of Srpska, Dragan Lukač, whom Dodik addressed at the disputed session when he publicly stated that he was eavesdropping on opposition MPs, and even provided details of allegedly recorded phone conversations, also testified.

SIPA was also engaged in the investigation by the order of the Prosecutor’s Office of BiH, which checked, as stated, the activities of the Ministry of Interior of the RS related to the use of equipment used to carry out special investigative actions “surveillance and recording of technical communications”.

Given that Dodik specifically claimed to have a phone recording of Nebojša Vukanović and Draško Stanivuković, in March of this year the Prosecutor’s Office of Bosnia and Herzegovina issued orders to the Border Police of Bosnia and Herzegovina, SIPA and the Ministry of Internal Affairs of the RS, to check whether the phones of the two then MPs were the subject of special investigative actions from November 2018 until the session in 2020. However, it is not clear from the Decision whether the Prosecution checked if the disputed telephone conversation was audible recorded.

These three institutions informed the Prosecutor’s Office that their telephones were not the subject of special investigative actions, and from the testimonies of the two MPs, the Prosecution could not conclude whether Dodik’s claims refer to the content of the telephone conversations between Stanivuković and Vukanović.

From the above, the Prosecutor’s Office concluded that there is not enough evidence that Dodik committed the criminal offense of Unauthorized eavesdropping and sound or optical recording, which is why the investigation was suspended.

The New Law on the High Judicial and Prosecutorial Council at the Crossroads Between Profession and Politics

Press releases ● 05 November 2024

Sarajevo, November 5, 2024 – The professional public is dissatisfied with the content of the Draft Law on the HJPC, as well as with the drafting process itself, which was conducted non-transparently, without the participation of the public or representatives of the judiciary. Moreover, there is a concerning degree of influence from the executive branch in shaping one of the most important reform laws within the EU integration process of Bosnia and Herzegovina.

The Draft of the new Law on the HJPC does not include clear criteria for selecting Council members, whose appointment remains subject to external influences, with an obligation to adhere to ethical quotas rather than candidate qualifications. This leaves room for appointments that could undermine the integrity and independence of the judicial system.

Furthermore, the new Law on the HJPC, drafted by a Working Group and prepared by the Ministry of Justice, contains numerous shortcomings, including insufficiently precise provisions for preventing conflicts of interest, property declaration, and verification. The Council composition and the appointment commissions are also problematic, according to the message from the roundtable titled “The New Law on the High Judicial and Prosecutorial Council: A Crossroads Between Expertise and Politics” held in Sarajevo.

“It is of utmost importance that the Ministry of Justice of Bosnia and Herzegovina responds to the comments and recommendations on the draft law submitted by professional associations and representatives of civil society, so we can know whether these were taken into account by the Working Group responsible for drafting the law,” stated Judge Goran Nezirović, presenting the recommendations and observations of the Joint Coordination Body of Judges and Prosecutors regarding the proposed text of the law.

Focusing on competence and measurable criteria of expertise, rather than ethnic affiliation or regional representation in the appointment of judges and prosecutors, is also among the recommendations of the Venice Commission and the EU that were not taken into account during the drafting of the new proposed law.

“Numerous shortcomings have been identified, including insufficiently precise provisions regarding the criteria for selecting Council members, the process of appointing judges and prosecutors, preventing conflicts of interest, and asset verification,” said Ivana Korajlić, Executive Director of TI BiH, commenting on the draft of the new Law on the HJPC. She emphasized that there must be no room for varied interpretations and that this opportunity should be used to establish a clear system of accountability, as well as high standards for the appointment, evaluation, and integrity of judges and prosecutors.

Transparency International in Bosnia and Herzegovina, in cooperation with the Joint Coordination Body of Judges and Prosecutors of Bosnia and Herzegovina, organized a roundtable where representatives of the judiciary, the professional public, and non-governmental organizations presented their comments and analyzes of the proposed legal framework, which, in its current form, contains many shortcomings.

On this occasion, TI BiH urged decision-makers to make substantial improvements to the draft law in line with the recommendations of the Venice Commission, as well as the professional public in Bosnia and Herzegovina, particularly regarding the criteria for selecting HJPC members, transparency, and meritocracy in the process of appointing judges and prosecutors. Concerns were reiterated that the draft law does not define the procedure for appointing commission members or mechanisms for testing candidates for judicial positions, leaving room for manipulation in the appointment process. Additionally, many key issues are left to be regulated by secondary legislation, which reduces the quality of the final solution and further excludes the public and professionals from the process of defining provisions to minimize undue influence and irregularities.

The Law on the HJPC is one of the key reform laws, on which the complete functioning of the judiciary depends, and therefore the functioning of society as a whole, and requires a thorough and systemic approach. That is why it is necessary to prevent the adoption of inadequate and truncated legal solutions whose consequences can be far-reaching, while the question arises of true commitment to the implementation of essential reforms necessary for the establishment of a minimum of responsibility and the rule of law in BiH.

The Government of Republic of Srpska Illegally Did the Minutes from the Sessions

Press releases ● 18 October 2024

Banja Luka, October 18, 2024 – Transparency International in BiH has won a lawsuit against the Government of the Republic of Srpska for refusing to disclose the minutes of sessions where the Draft Law on the Special Registry and Transparency of the Work of Non-Profit Organizations in the RS was determined.

Due to the contentious and non-transparent process of adopting this law, which garnered significant public interest because it deeply impacts fundamental human rights, Transparency International in BiH requested the minutes from the sessions of the Government of the Republic of Srpska where the Draft Law on the Special Registry and Transparency of the Work of Non-Profit Organizations in the RS was determined. The General Secretariat of the Government of the Republic of Srpska rejected this request, claiming, among other things, that the publication of the requested information, namely the session minutes, was not in the public interest.

Transparency International in BiH subsequently turned to the court, which ruled that withholding the requested information was unlawful and that the Government had improperly applied the provisions of the Law on Freedom of Access to Information. The ruling of the District Court in Banja Luka  specifically highlighted the denial of the constitutionally guaranteed right to appeal and the failure to conduct a public interest test when making the decision.

As a reminder, the Government of the Republic of Srpska secretly approved the Draft Law on the Special Registry and Transparency of the Work of Non-Profit Organizations and forwarded it for adoption to the National Assembly of the RS. The decision on when and how the Draft was approved was not made available to the public. Only after media inquiries did the Government disclose that the Draft had been approved at a session held on March 21, 2024, just before the deadline. Notably, the adoption of this Draft was neither mentioned in the announced agenda nor in the Government’s post-session information.

This verdict is only the latest in a series of examples of the unsatisfactory degree of transparency shown by the authorities in the Republic of Srpska, which is also confirmed by research conducted by TI BiH, according to which only 5 governments in BiH regularly publish decisions, while the materials from the held sessions are not published by any of the 14 governments in Bosnia and Herzegovina, as a result of which distrust in the institutions grows, but also room for abuse of procedures and making decisions that are not in the public interest.

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.