Press releases

Presentation of the Project Public Administration Reform Monitoring – PARM

Press releases ● 13 March 2014

This project will be conducted by TI BiH and CIN, with the financial support of the Embassy of Sweden, in the period from 2014 to 2018, and its primary purpose is to assess the impacts and results and current compliance with the objectives of the Public Administration Reform.

The presentation will be hled by the Ambassador of Sweden, His Excellency Fredrik Schiller, the representatives of Transparency International BiH and the Center for Investigative Reporting, and Ms. Semiha Borovac, State Coordinator for Public Administration Reform.

The presentation for the media will be held on Friday, 14^th March 2014, in Hotel Europe in Sarajevo, at 10:00 am.

TI BiH requests a public debate on the draft Law on Conflict of Interest of RS

Press releases ● 25 February 2014

TI BiH considers this draft Law to be an improvement over the current legal solution, in terms of several key aspects, such as:

• Expanding the circle of persons to whom the Law applies
• Tightening sanctions by increasing fines,
• Increasing the duration of the ban on performing incompatible functions after the termination of the previous function from three to six months,
• Reduction of the limit for the amounts by which associations and foundations are financed from the budget, in which elected officials, holders of executive functions and advisors cannot perform the president, director, authorized person or member, etc.

However, some provisions in the Draft are not sufficiently defined and there are inconsistencies between different provisions (eg prescribing the obligation to report all gifts and return them to the competent authorities, while the Commission is left to decide whether to order the return of gifts or benefits).

TI BiH considers it unacceptable that the actions of the Commission for Determining Conflicts of Interest in most provisions related to sanctions are left to the discretion of the Commission, given that the wording according to which the Commission “can” impose certain sanctions is used, which is not binding. In practice, this will lead to the possibility of putting pressure on the Commission, problems in its decision-making and will not allow the creation of a uniform practice. The law must explicitly prescribe the manner of action of both the Commission for Determining Conflicts of Interest and persons found to have violated the law, depending on the gravity of the violation. In addition, the draft Law still does not include some of the key international standards related to conflicts of interest, such as the annulment of legal transactions as a result of conflicts of interest.

Also, according to the provisions related to prohibited activities, the unacceptable influence of an official is limited only to the body in which he performs his duties, which is insufficient, having in mind the possibility of his influence on other public bodies as well.

Supporting the initiative to improve the Law on Prevention of Conflicts of Interest in RS Authorities and the above provisions of the Draft, which certainly represent an improvement over the existing Law, which TI BiH hopes will be adopted, TI BiH hopes that the new Law will be adopted as soon as possible.

TI BiH also warns that in adopting such an important anti-corruption regulation, it is crucial to organize a public debate, with the participation of civil society, in order to use the opportunity to adopt the best possible solution.

Comments on the draft RS Law on Conflict of Interest

TI B&H Proposed the Introduction of Anti-Corruption Mechanisms in the Law on Public Procurement

Press releases ● 20 February 2014

TI B&H considers that the new draft Law on Public Procurement in B&H does not provide mechanisms for successful prevention of corruption and sanctioning of irresponsible participants in public procurements, as well as transparency, efficiency and rational use of public resources.

The solutions offered by the TI BiH refer to the introduction of additional provisions with emphasis on prevention of corruption and conflict of interest of the persons responsible for conducting of public procurement. TI BiH proposed the creation of anti-corruption plans in public procurement, obligation for authorities to report any irregularities, protection of whistleblowers in the public procurement and impermissible conflict of interest situations have been clearly defined, as well as the actions of competent authority bodies in such cases.

TI BiH has also pointed out to the obligation of publishing public procurement plans for all parties, with the aim of preventing ‘ad hoc’ approach in conducting public procurement and improving transparency of such procedures, and to the necessity of publishing far more information on the Public Procurement Portal.

TI BiH also proposed the  the termination of the Procurement Review Body offices in Banja Luka and Mostar, that had been introduced by the recent amendments to the Law, having in mind that they are still not functioning , which disabled the bidders coming from the jurisdiction of Banja Luka and Mostar offices to complain and to seek legal protection.

The retention of the PRB at the present location and increase in the number of employees would result in more successful and uniform actions of competent authorities, more efficient resolution of complaints and annual savings of more than a million KM.

It has also been proposed the reduction of administrative fees for the complaints, because enormous increase in fees prescribed by the latest Amendments to the Law discourages any attempt to obtain legal protection and to fight against corruption in public procurement in B&H.

The proposed amendments specifically highlighted the need to increase the penalties for violating the Law, not only for contracting authorities, because it is ultimately paid by taxpayers, but also for the responsible persons in the contracting authority, as well as the bidders and their responsible persons. The current proposal of the Law on Public Procurement in BiH provides fines for responsible persons in the contracted authority that are lower than the fines provided by the existing Law on Public Procurement, that certainly will not raise the level of accountability. EU Public Procurement Directives also insist on the necessity of application of ‘more proportional, efficient, severe punishments’ for all violators of the Law. Penalties for the responsible persons in the existing Law have been reduced from 4,000.00 KM to the amount of 300.00 to 3,000.00 KM, which represents a step backwards in terms of accountability improvement. According to the Law in neighbouring countries proposed sanctions range up to 25,000 KM for the responsible persons in contracting authority, for bidders up to 20,000 KM and for contracted authority up to 15,000 KM. Significant sanction increase would raise the accountability of all participants in public procurement and strengthen the protection of public interest when it comes to rational spending of budget funds.

It is indicated to the necessity of reducing the percentage of direct agreements, as the current practice has shown that up to 35% of procurement funds were spent because of the application of this non-transparent procedure. Therefore, one of the proposed Amendments limits the total value of procurement through the direct agreement to 10%.

TI B&H appeals on legislators to finally seize the opportunity and improve the Law on Public Procurement and implementation of anti-corruption mechanisms, which have long been included in the public procurement laws in the region, recognizing the necessity for harmonization of laws with EU Directives and the damage that corruption in public procurement can cause to the state budget.

Presentation of Anti-Corruption Amateur Video Competition and New Tools for Corruption Reporting

Press releases ● 03 February 2014

On this occasion, TI B&H will present the results of the annual report of the Advocacy and Legal Advice Centres, where the public will be informed about citizens’ reports of corruption in various areas and the results of TI B&H actions towards the competent institutions.

The press conference will be held on 5^th February 2014 starting at 11.00 am, at Hotel Bosna in Banja Luka.

No Seriousness of Authorities in the Fight against Corruption from the Start

Press releases ● 14 January 2014

Banja Luka 14^th January 2014- Transparency International Bosnia and Herzegovina (TI B&H), with the support of the Open Society Fund B&H has published the fifth Report on the Monitoring of the Anti-Corruption Strategy (2009-2014) and Action Plan.

The monitoring results have shown that almost four years since the adoption of the Anti-Corruption Strategy and just before the expiry of its application, out of the total number of measures (81), only 8 measures (9,8 %) have been completely realized, 57 measures (70,4%) have been partly realized, while 16 measures (19,8 %) have not been realized. Having in mind that formal period for implementation of the Strategy ends in the near future these results are far from the satisfactory.

Only in the last Reporting Period, The Agency for the Prevention of Corruption and Coordination of the Fight against Corruption has begun to hire staff, provide technical requirements for the functioning and undertake activities to meet statutory authority.

The Problems that the Agency encountered from the very beginning had a negative impact on the level of implementation of the Strategy. On top of that, recently adopted Amendments to the Law on Conflict of Interest have enabled the work of the Commission for the Resolution of Conflict of Interest within the Agency. Thus, the Agency, as a part of obligations referring to conflict of interest, has been committed to take over eight employees of the Department of the Conflict of Interest of the Central Election Commission.

The lack of willingness of other institutions encompassed by the Strategy is reflected in their delay of the implementation of obligations prescribed by the Strategy, inconsistency of its application at different levels of government and a delay of almost two years in securing resources for the Agency. This shows that since adoption of the Strategy there has not been genuine political will among the members of the current government to conduct its implementation.

The period for implementation of the Anti-Corruption Strategy ends this year, and thereafter the development of the new one is planned. According to the monitoring results and the reports that have been published by TI B&H during the four-year period intended for the implementation of the Strategy, the main conclusion is that the opportunity presented by this strategic document is missed, and that the Anti-Corruption Strategy 2009-2014 represents one of the many documents that have not produced any results due to complete lack of willingness of the authorities and the law enforcement agencies.

B&H Continues to Stagnate in the Fight against Corruption

Press releases ● 03 December 2013

Banja Luka, 3^rd December 2013 – Transparency International (TI) has published the Corruption Perception Index (CPI) for 2012, according to which B&H is placed on 72^nd place on a list of 176 countries, and with a score of 42 (on scale from 0 to 100). B&H shares this place with Sao Tome and Principe, Brazil, Serbia and South Africa.

This result is still below the average of 50, and B&H is found among the countries with dangerous levels of corruption that impacts all segments of the life of its citizens. CPI continues to show that B&H has made no breakthrough in the fight against corruption.

In comparison with countries in the region, B&H is on the scale below Slovenia at 44nd place, Croatia at 58^th place, Montenegro and Macedonia that share 67^th place with a score of 44, shares its position with Serbia, while only Kosovo is under B&H at 111^th place.

As in earlier years, the CPI shows again that B&H stagnates in the fight against corruption, and that there are no serious efforts by authorities that could affect the CPI. This is proven by the collapse of anti- corruption laws, lack of final convictions for offenses of corruption and lack of implementation of strategic documents for the fight against corruption.

Although the CPI and all other relevant research for years indicate a decline or stagnation of B&H, responsible institutions and governments in B&H have even ignored the warnings of the EU that the fight against corruption would be a key factor in B&H’s accession to European Union, due to which, even 20 years lather B&H is just beginning to establish a system of responsibility towards its citizens.

Conference on ’the Media and the Fight against Corruption’

Press releases ● 29 November 2013

The aim of the conference is to analyze the level and quality of investigative journalism in fighting corruption in B&H and the region, and problems that media are facing.

Motives for organizing the conference on ‘The Media and the Fight against Corruption’ are increasingly common attacks on journalists who are trying to report objectively on cases of corruption, due to which there are less independent media outlets and journalists.

During the conference, it will be pointed out on some of the positive examples from the region, where journalists successfully overcome obstacles and gain reputation by indicating on corruption and its effects, at the same time resisting the pressures. Also, the guidance on how to indentify corruption and all its forms will be given to journalists in order to make them more competent in reporting corruption.

The panelists of the conference will be journalists who imposed themselves by their integrity among the competition, and who through their work successfully reported corruption. Those participants will share their own experiences, recalling the circumstances in the political arena and in society in general and giving recommendations to improve the situation of corruption reporting in B&H, and the region,

The conference will be held on 9^th December 2013 at the Hotel Europe in Sarajevo, at 15:00 pm. After the conference, the appetizer will be served with the aim of celebrating the International Anti-Corruption Day.

Regional Conference on Conflict of Interest

Press releases ● 12 November 2013

As in many other areas, countries in the region have made significant progress in comparison with B&H in terms of preventing and sanctioning conflict of interest of public officials. Since the Law on Conflict of Interest was adopted 11 years ago, the only visible initiatives were taken to further weaken the legal framework, including the recent amendments to the act.

Considering this fact, the regional conference on conflict of interest intents to exchange experiences and examples between the countries of the region and this is an opportunity to create recommendations for improving the situation in B&H. It will be also discussed about the media coverage of this issue and corruption in general, as well as the control of assets decarations in the region, which presents the basis of the prevention of illegitimate enrichment of public officials.

Conference participants will be the representatives of the institutions for implementation of the laws on conflict of  interest – Central Election Committee, Commission for Determining Conflict of Interest in the Government of the Republic of Srpska, Commission for Prevention of Conflict of Interest of Montenegro, Anti-Corruption Agency Serbia, as well as the Association BH Journalists. Additional conference participants will be representatives of NGOs, the media, legislation and international institutions.

The conference will take place on Wednesday on 13November 2013 at 11:00 at Hotel “Bosna” in Banja Luka.

Unacceptable Influences on Judiciary

Press releases ● 31 October 2013

In this sense the most indicated example is the President of RS, Milorad Dodik and some members of the Government on the Court of Bijeljina. The President Dodik has manifested repeatedly this kind of pressure, threatening even the abolition of this court, and insulting the judge for a decision on confiscation of property of the company “Alumina”.

Also, the behavior of the Minister of Justice of FBiH, Zoran Mikulić, can be characterized as a direct and inappropriate influence and pressure on the work of the judiciary. Bearing in mind that he is suspected of abuse of power and obstruction of justice through unauthorized relocation of witnesses, he has exercised direct pressure on prosecutors work, practically interfering with judiciary.

TI BiH recalls that judicial institutions should function independently of the executive institutions and to have control over its operations, although political leaders in BiH increasingly show that in BiH executive power is controlling legislative and judiciary. In this way, the independence of the judiciary is directly threatened, having in mind that any decision of the judiciary, which is not in favor of the representatives of the government, causes threat, pressure and attacks.

TI B&H Calls on the Parliament of the Federation of Bosnia and Herzegovina to Ensure Full Protection of Whistleblowers

Press releases ● 22 October 2013

TI BiH hopes that the comments received during the public discussion will be adopted by the legislators, bearing in mind the necessity for more detailed provisions of the Act and its harmonization with the proposed draft Law on the state level.

In addition to the comments on the Draft Law on its non-compliance with the Law on the state level, which could cause problems in their application because of different definitions and objectives, TI BiH has pointed out to a number of fundamental deficiencies in the Draft that could leave space for its arbitrary interpretation and uneven application. The Law does not clearly define the authorities for protection of whistleblowers, bringing additional confusion and leading to a situation where more than one authority or none of them will be implementing the Law, leaving whistleblowers without adequate protection.

The Draft Law on the Protection of Whistleblowers of the FB&H contains provisions which could have deterrent effect on potential whistleblowers. For example, the Draft Law quotes that a whistleblower is ‘liable for disclosure of official, business and trade secrets’, which in practice may lead to a situation in which the employer could declare the incriminated activity, to which the whistleblower indicates, as an official or business secret. In that case, the whistleblower would suffer the consequences, regardless of the fact that the employer performing such activities would violate the law, what could have discouraging effect to the potential whistleblowers.  Deterrent effect can also have the provision according to which’’ the whistleblower is obliged to consider the damage that may occur from their reporting, especially if the public interest arising from the report itself exceeds the same’, and therefore it discourage the potential whistleblower at the beginning. Also, this provision does not comply with the provisions according to which the whistleblower would not suffer consequences if he reported corruption in reasonable belief.

Once again TI BiH reiterates its support to the initiative for adopting the law which would provide protection to whistleblowers, but it also warns and urges the legislators to take into consideration the comments of civil society organizations in order to overcome all deficiencies and ambiguities in the Law. If not, the Law would be difficult to apply, citizens would not be motivated to report corruption and whistleblowers would be left without any protection.

‘No Progress ‘Report Again

Press releases ● 17 October 2013

Confirming warnings of the TI BiH the report also notes the devastation of the legal framework for the fight against corruption, primarily the Law on Financing of Political Parties and the Law on Conflict of Interest, which complicates situation additionally.

Not only that there is complete ineffectiveness in prosecuting corruption cases, also the law enforcement agencies and judiciary are under complete control of political parties, to which TI BiH has warned for years. Due to the lack of political will it was not possible to expect significant progress in the realization of Anti-Corruption Strategy and strengthening of the Anti-Corruption Agency, and is therefore reasonably concluded in the report that the country is still in the initial stage of the fight against corruption.

“There is no doubt that this report as confirms well that the country does not make any progress, but the situation has worsened. The leaders of the ruling political parties are only to blame for this situation, who would do anything to obstruct the implementation of reforms in the country in order to protect themselves from prosecution for numerous crimes of corruption that they committed and are still committing,” said Srđan Blagovčanin, the Executive Director of the TI BiH, on the occasion of publishing of Bosnia and Herzegovina 2013 Progress Report.

Interest groups and networks which include politicians, business sector and the media, as well as the control of the political parties over the institutions, as stated, at the very beginning reduce the ability to detect and sanction corruption, and destroy the integrity of the institutions.

In the future, TI BiH will in direct communication with the EU, with the support of the International Secretariat of TI, insist on concretization of the conditions and objectives of the EU towards BiH regarding fight against corruption and introduction of the rule of law. It is evident that the country is in a crucial stage, and any delay in taking urgent measures can lead to complete collapse of the institutional framework and constitutional order in the country with unforeseeable consequences. TI BiH will therefore insist on exact definition of the roadmap towards EU, with the concrete cases of political corruption that need to be prosecuted.  The EU has already introduced such practice in some countries of the Western Balkans as one of the stages of the stabilization and accession process, before beginning of any negotiation.

“Obviously, we are at the stage when progress in fight against corruption is not possible without opening of the big political corruption cases involving highest ranking governmental officials, who therefore are trying to block implementation of the reform, and keep judiciary and law enforcement agencies under control in order to prevent their prosecution. That is why we need the EU to make the exact roadmap and precise list of political corruption cases which have to be processed, as was the case in Serbia,” concluded Blagovčanin.

Access to Information is still Limited

Press releases ● 28 September 2013

This analysis has been made with the aim of determining the level of implementation of the Law on Free Access to Information by nstitutions at different level.

In the first half of 2013 TI BiH has sent 77 requests for access to information referring to the Law on Free Access to Information at all levels of government. All requests were submitted upon the complaints of citizens which were sent to the Center for Legal Aid TI BiH. Each and every complaint was about inability of citizens to exercise their right to free access to information from public authorities. Out of 77 requests for information, 54 responses were received in accordance with the Law in expected period of 15 days. This represents an improvement compared to the previous years. TI BiH has sent 23 urgencies because of failure to comply with requests information within the legal deadline. After these urgencies, 11 institutions submitted their responses, and in three cases TI BiH failed a complaint due to the ‘’silence of administration’’.

Although, an improvement in the delivery of information is evident, public authorities do not submit their responses in the form prescribed by law, which leaves citizens without legal remedy and possibility to complain, and thereby extends the procedure to access to information.

Also, during 2013, TI BiH has filed 7 lawsuits against public authorities for noncompliance or incorrect implementation of the Institute of Public Interest. In many cases the institutions refuse access to information subsuming them under the exceptions, despite being obliged to carry out a public interest test first, and only then they can deny access to information on the basis of exception. Public authorities do not often make difference between information and personal data, and protection of personal data is placed before the Law on Free Access to Information.

During 2013, four administrative disputes, commenced previous years and related to the implementation of the Law on Free Access to information, were ruled in favor of TI BiH. Three cases were related to the ‘’ administrative silence’’ of the Ministry of Finance and Ministry of Interior of RS. They refused to provide information about the number of civil servants, and the Government of RS refused to provide information on which basis, under the item ’’Current grants for non-profit organizations,  ‘’ Nezavisne novine’’ as LLC was assigned 50.000 KM.  The District Court in Banja Luka, in all three cases, has ruled in favor of TI BiH, sentences were executed, and sued authority reimbursed the cost of an administrative dispute to TI BiH.  The fourth dispute, related to the lawsuit that Ti BiH filed against the Ministry of Interior of the RS due to incorrect implementation of the Law on Free Access to information, also ended in favor of TI BiH.

Although, the progress of institutions in their response to the requested information is significant, the problem of arbitrary interpretation of legislative provisions remains, as well as misuse of the exceptions and non-implementation of the public interest test. Also, the problem of laws inconsistency on the state and entity level remains unsolved, especially with regards to introduction of sanctions.  It is evident that there is a lack of awareness of the institutions in BiH about the importance of free access to information as one of the fundamental human rights and precondition for the responsible acting of public institutions.

Street Event on the International Right to Know Day

Press releases ● 27 September 2013

On this occasion, TI BiH will again inform citizens about their rights when addressing the institutions and finding information, and how to exercise these rights.  The right of free access to information is considered to be one of the fundamental human rights in all democratic countries, and it is guaranteed by every international document that regulates human rights.

During theevent, citizens will have an opportunity to ask questions and to fill in a request for information for the institutions on the TI’s stand.

Street action will take place on Saturday 28^th September 2013. on Krajina Square in Banja Luka, starting at noon.

Conference in the Occasion of the International Right to Know Day

Announcements ● 26 September 2013

TI BiH is organizing a conference in order to analyze and determine progress achieved so far in the field of Freedom of Access to Information in Bosnia and Herzegovina and in other countries in the region, focusing on civil society and the media. The main goal of the conference is to emphasize current conditions of the implementation of the right to free access to information in BiH and the region, and to give an overview of this right as well as its importance in the global context.

The conference will focus on the civil society organizations that have used the mechanisms to access to information in their work since the very beginning of the Right to Know Day, and on the role of the media in the dissemination of information.

The representatives of the civil society organizations and/or Information Commissioners from the region, international experts, civil society organizations and the media will take part in the conference and they will give their view on the importance of openness of information. The conference will be held on Friday, 27^th September, at 10 am, at the Hotel Europe in Sarajevo. The agenda is attached below.

Conference on the Occasion of the International Day of Freedom of Access to Information

27^th September 2013.

the Hotel Europe, Sarajevo

The agenda

It is Necessary to Harmonize the Draft Laws on Whistleblower Protection

Press releases ● 25 September 2013

Large number of comments that TI BiH has referred to the Parliament of the FBiH are related precisely to the non-compliance of its provisions with the Draft Law on the state level- the definition of legal terms indicates that the federal and the state Draft Law have completely different concept on whistleblower protection what may lead to contradictory and wrong interpretation of the Law and its implementation. For example, the Draft Law of the Federation BiH provides protection only during administrative and judicial proceedings, while state Law also determines the competent authority.

Except non-compliance with the Draft Law on the state level, the Draft Law on Whistleblower Protection of the Federation of BiH contains provisions which may have a deterrent effect on potential whistleblowers. For example, it is stated in the particular form of the whistleblower protection that ‘’ the whistleblower is obliged to consider the damage that may occur from thier reporting, especially if the public interest arising from the report itself exceeds the same.’’ TI BiH considers that this formulation of the Law cannot stimulate potential whistleblower in any case, because insufficiently defined terms regarding damage and public interest have been introduced.

In addition, it is stated in the Draft that the whistleblower is ’’liable for disclosure of an official, business or trade secrets,’’ which in practice may lead to a situation where the employer could have incriminated activity, to which whistleblower indicates ,declare as an official or business secret. In that case the whistleblower would suffer the consequences, regardless of the fact that the employer performing such activities would violate the law, what could have discouraging effect on the potential whistleblowers.

The Law does not define clearly the authorities for whistleblower protection. This may cause additional confusion and may lead to the situation where more than one authority will be implementing the Law or will not exercise any leaving the whistleblower without adequate protection.

While supporting the initiative for the adoption of legislation which would provide protection for whistleblowers, TI BiH once again urges the legislators to harmonize the Law on the federal and the state level and to eliminate these deficiencies or the Law will lose its purpose, people will not be motivated to report corruption and whistleblowers will be left without any protection.

TI BiH is organizing a Presentation of Public Policies for Local Government

Announcements ● 23 September 2013

In the final stage of the project on ‘’ Monitoring and Advocacy for Good Governance in BiH Municipalities’’, TI BiH is organizing presentation of three analyses of public policies regarding the issue on improving integrity in local government, cooperation with non-governmental organizations, and local public enterprises.

Presentation of the analyses of public policy presents an opportunity to answer the following questions:

1)      How to get to the plans for integrity on local level- systemic approach to improving integrity of local government;

2)      The local government and non-governmental organizations- how to improve cooperation?

3)      Local public enterprises in BiH- a problem that is not known enough.

The aim of the project is to improve the governance and increase transparency in municipalities across the country through the monitoring of public policies and their practice, and through advocacy based on analyses and research. Furthermore, providing specialized knowledge for local leaders, citizens and civil society organizations, on how to force the local government to be accountable and improve, the aim of the project is to build the capacities of the local people to achieve high quality, efficiency and effectiveness of local administration, which will lead to grater inclusion of citizens, transparency and accountability.