Press releases

World Whistleblower Day: Only One Whistleblower Sought Protection from APIK Last Year

Press releases ● 23 June 2023

Sarajevo, June 23, 2023 – During the last year, only one person requested protection from the Agency for Prevention of Corruption and Coordination of the Fight Against Corruption (APIK), but he/she was not granted the status of a protected corruption reporter, and this data best illustrates citizens’ trust in institutions that should protect whistleblowers.

This devastating statistic is no better in the Republic of Srpska, where last year not a single internal report for the protection of whistleblowers was recorded, while in this entity only three cases from the area regulated by the Law on the Protection of Corruption Whistleblowers are being handled. In the Federation of Bosnia and Herzegovina, there is still no law that protects public sector employees who decide to report corruption in the workplace, while in Brčko District last year, four applicants received protection.

On the other hand, public sector employees are far more likely to report corruption to non-governmental organizations, which shows that, where laws do exist, their implementation is at a low level, which is why “whistleblowers” are victims of persecution, discrimination and often intimidation, is the message of the round table“Defiance of Corruption Despite Retaliation: How to Better Protect Whistleblowers in Bosnia and Herzegovina?”which marked World Whistleblower Day, on June 23, organized by Transparency International in Bosnia and Herzegovina (TIBiH).

The participants of the round table pointed to the fact that in the course of 2022, TI BiH had 37 cases based on reports of “whistleblowers”, and a significant number came from the Federation of BiH, which is the only part of BiH where there is no law on the protection of persons who report corruption. Such laws exist at all other levels in BiH and since the beginning of this year also in the Sarajevo Canton, which is why persons who report corruption in the rest of the Federation of BiH are discriminated against in terms of the legal protection they can receive.

In the Republic of Srpska, the mere existence of a law that protects corruption whistleblowers is not enough for its implementation, and it is prevented due to the atmosphere of public condemnation, intimidation and even open threats by the highest political officials addressed to anyone who dares to criticize the work of institutions and publicly point to corruption. Because of this, as well as the fact that citizens are insufficiently familiar with the method of reporting and the scope of protection offered by the law, as well as the general distrust of citizens in the judiciary, there were no reports for the protection of whistleblowers in this entity last year.

The situation is no better when it comes to the institutions of Bosnia and Herzegovina, so only one person approached the Agency for Prevention of Corruption and Coordination of the Fight Against Corruption (APIK) in 2022 with a request to be granted the status of “whistleblower”, but that request was rejected, due to, in the opinion of the Agency, “failure to meet the conditions for awarding whistleblower status”. The most adequate protection is available to persons who report corruption in the Brčko District, where all four applicants were given the status of “whistleblower”, thus realizing the possibility of legal protection.

The participants of the round table recalled the case of Emir Mešić, a whistleblower who was fired after speaking about corruption in the Indirect Taxation Authority, where the APIK did not fulfill its part and did not provide him with protection from disciplinary prosecution, which is the best demonstration of the institution’s handling of to persons who report corruption. The fear of consequences and possible retaliation is the reason why the number of “whistleblowers” who turn to TI BiH far exceeds the number of those who receive the status of protected corruption informants from the competent institutions.

In contrast to official institutions, citizens of BiH who are witnesses or victims of corruption are increasingly turning to non-governmental organizations, which is confirmed by the devastating fact that APIK received 33 reports from 2014 to 2022 and granted protection to the applicants in only 11 cases, while TI BiH registered 29 such applications in just the first five months of this year. The number of reports indicates that citizens place a greater degree of trust in non-governmental organizations than in institutions when it comes to the fight against corruption, which should not be surprising since the greatest degree of protection for whistleblowers in BiH is currently provided by civil society organizations.

The inefficiency of the judiciary, which mostly resolves minor cases while major corruption scandals go unpunished, as well as the disproportionately light punishments for criminal acts of corruption, do not seem encouraging, and the lack of positive examples that received a judicial epilogue further deters citizens from reporting corruption to competent institutions.

Reports by “whistleblowers” are the most effective way to detect, process and prevent corruption, which is why TI BiH appeals to the institutions and representatives of legislative bodies in the Federation of BiH to urgently initiate procedures for passing laws that contain support measures for persons who point out abuses, providing them with all possible protection from retaliation, discrimination and unfair treatment.

TI BiH also calls on political actors throughout BiH to ensure and enable the implementation of existing laws and to prevent unacceptable pressure from top officials that has a negative impact on corruption whistleblowers, in order to provide whistleblowers with the support that the honest and uncompromising fight against corruption deserves, and which the citizens of Bosnia and Herzegovina have been waiting for years.

Press rls_23.06.23_

The Low Level of Transparency of Institutions Undermines Citizens’ Confidence in their Work

Press releases ● 14 June 2023

Sarajevo, June 14, 2023 – The work of governments and assemblies of cantons, entities and parliaments at the state level in Bosnia and Herzegovina is insufficiently public, which denies the possibility of citizens’ participation in the control of their work and the decision-making process,which is why there is growing distrust in the work of institutions as well as room for corruption, is the message of the round table entitled“Transparency of the decision-making process in BiH”held today in Sarajevo in the organization of Transparency International in BiH.

At the round table, which was organized with the support of the Embassy of the Kingdom of the Netherlands, presented are the results of the research published as part of the analysis entitled“Overview of the Level of Proactive Transparency of the Decision-Making Process” which included the institutions of the executive and legislative authorities at the cantonal, entity and BiH levels, indicating the worrying lack of transparency of public bodies throughout Bosnia and Herzegovina.

The research showed that no government in Bosnia and Herzegovina regularly publishes materials from the held sessions on its internet presentations, while the Council of Ministers and the Government of the Posavina Canton are one of the two institutions of executive power whose minutes from the held sessions are published in a timely manner and are available to citizens.

This data, as well as the fact that only 5 out of 14 governments in Bosnia and Herzegovina regularly announce decisions on their official sites, indicates that citizens in Bosnia and Herzegovina are not adequately informed about the decisions of the executive authorities that directly affect them, which reduces the degree of public trust in their work.

Legislative bodies throughout BiH do not show any better state of proactive transparency either, since the research showed that the assemblies of cantons, entities, as well as both houses of the Parliament of BiH do not regularly publish plans or reports on public debates, i.e. hearings, and reports on their work are regularly published by only 5 of 16 legislative bodies at the observed levels of government in BiH.

An overview of the level of proactive transparency of the decision-making process shows that in BiH there are governments whose activities the public is insufficiently familiar with, while citizens are denied information on key stages in the work of parliaments, which adversely affects citizens’ trust in institutions and reduces their ability to protect their interests, which in total increases the space for corruption.

“The publication of data and reports on the work of institutions, but also on decision-making processes is what is disputed,”said Srđan Blagovčanin, Chairman of the Board of Directors of Transparency International in Bosnia and Herzegovina, noting that it should not be emphasized how important proactive transparency is for strengthening political responsibility at all levels in Bosnia and Herzegovina, but also for enabling citizens to participate in decision-making processes.

“We have a glaring example at the state level, which is actually the practice, that the proposed laws, when they pass the Council of Ministers, are not actually published, and there we have a situation where the public practically has no insight into the form and in which text these laws were adopted. An example is the recently adopted Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, which is among 14 priorities, and we, as a public, still have no insight into the text in which it was adopted”, explained Blagovčanin, adding that such practice must be changed.

To this end, TI BiH put forward proposals for strengthening the standards of proactive transparency, which include the improvement of the legal framework that treats the area of access to information at all levels in BiH, the recognition of examples of good practice in the application of proactive transparency standards and their implementation, and the establishment of various electronic tools and open standards data for all levels of government in Bosnia and Herzegovina.

The round table brought together representatives of relevant institutions from all levels of government in BiH, international institutions, civil society organizations and the media, who were presented with the importance of proactive transparency as a way for citizens to achieve a greater degree of participation in the work of the legislative and executive authorities, but also to strenghten the responsibility and integrity of the public sector as key assumptions for combating corruption.

Press rls_14.06.23_

Civil Society Organizations Warn: The Draft Law on Freedom of Access to Information Will Threaten the Rights of Citizens

Press releases ● 13 June 2023

Sarajevo, June 13, 2023 – Civil society organizations, gathered in the Initiative for Monitoring the European Integration of Bosnia and Herzegovina, warn of the shortcomings of the Draft Law on Freedom of Access to Information of Bosnia and Herzegovina, which was adopted by the Council of Ministers of Bosnia and Herzegovina at the 9th session on April 12, 2023. In certain parts, this proposal threatens the acquired rights and achievements from the existing Law and is not in accordance with international standards and practices.

The adopted Proposal would significantly limit access to information of public interest, given that it contains a long list of exceptions or possible restrictions on access to information held by public authorities. The proposer of this law turned the European standard of open and free access to public information into an exception, not a rule, which in practice could lead to the impossibility of accessing a large amount of information of public importance. With this, the Ministry of Justice of Bosnia and Herzegovina tried to replicate the model from the Republic of Croatia, where, unlike in Bosnia and Herzegovina, the independent institution of the Commissioner was established. By expanding the list of exceptions in access to public information and without additional guarantees for the application of exceptions, the application of the right to access to public information could worsen even compared to the current situation.

The decision that the Appeals Council at the BiH Council of Ministers assumes the role of a second-level authority for all special administrative procedures of access to information at the state level is also worrying, and this decision needs to be further considered. It is common knowledge that the Council of Ministers had delays in its work and functioning, which was directly reflected in the stagnation of procedures, the violation of deadlines, and therefore the violation of human rights. At the same time, extensions of the deadlines for the adoption of a second-level decision (up to 90 days) are not acceptable in cases where it is necessary to consider the test of public interest.

The undersigned organizations are also concerned that the adopted Proposal, instead of strengthening, diminishes the role of the Ombudsman for Human Rights of Bosnia and Herzegovina, even though this is the only independent institution that has so far monitored the implementation of the Law on Freedom of Access to Information. On the other hand, the Proposal envisages that the Appeals Council at the Council of Ministers of Bosnia and Herzegovina, in addition to the role of a second-level body, also has the mandate to propose measures to the institutions to improve the exercise of the right to access to information.

Members of the BiH European Integration Monitoring Initiative note with regret that the Ministry of Justice of BiH ignored over 200 proposals and comments submitted by civil society organizations and other interested parties during the consultation on changes to the law in 2021. It is also indicative that the proponent did not accept the suggestions or opinions of the competent institutions of the European Commission and SIGMA regarding the formation of a new independent body that would perform inspection supervision over the implementation of this law and at the same time be a second instance body for appeals on decisions on access to information.

The institutions failed another test of openness to the proposals of relevant actors in order to find quality solutions. After two years of waiting, this Proposal was pulled out of the drawer and unanimously adopted by the Council of Ministers, despite earlier criticisms, with the recommendation that the Parliamentary Assembly of BiH considers this proposal in a shortened procedure.

The members of the Initiative are preparing amendments to the adopted Proposal with the aim of improving it and harmonizing it with international standards. At the same time, we invite representatives, MPs and delegates in the Parliamentary Assembly of BiH, the media, the professional public and citizens to join the discussion on the Draft Law on Freedom of Access to Information, and to, using their authorizations and expertise, together contribute to the adoption of quality solutions in accordance with EU standards.

Signatory organizations:

Balkan Research Network in Bosnia and Herzegovina (BIRN BiH)

Center for Investigative Reporting (CIN)

Youth Center “KVART”

Center for the Promotion of Civil Society (CPCD)

Foundation CURE

Forum ZDF BiH

Helsinki Citizens’ Parliament of Banja Luka

Youth Initiative for Human Rights in BiH (YIHR BiH)

Kali Sara – Roma information Center

Sarajevo Open Center (SOC)

Transparency International in BiH (TI BiH)

Association of Citizens “Ostra Nula”

Association of Citizens “With Tolerance Towards Diversity” (ToPeeR)

Association “Peace Building Network”

Association Transitional Justice, Responsibility and Remembrance in Bosnia and Herzegovina (TPOS)

Association of BH journalists

Press rls_13.06.23_

TI BIH: The New Law in Sarajevo Canton is a Continuation of the Attack on Freedom of Expression in BiH

Press releases ● 05 June 2023

Sarajevo, June 5, 2023 – Transparency International in Bosnia and Herzegovina warns that the new Law on Misdemeanor Against Public Order and Peace in the Sarajevo Canton may lead to serious violations of human rights because, under the guise of fighting fake news, it opens up space for restrictions on freedom of speech and censorship. This law expands the definition of a public place to the Internet and social networks and introduces penalties for presenting or spreading false news as well as for “disparaging state authorities”, which due to arbitrary interpretations could lead to suppression of freedom of speech and pressure on citizens, the media and civil society, who speak critically about the work of the public sector.

TI BIH sent comments on the proposed draft of this law, which clearly warned that the introduction of high fines for “spreading fake news”, which can go up to BAM 15,000 for legal entities and BAM 2,100 for responsible persons, could lead to censorship and self-censorship of the media which expose themselves to the risk of initiating numerous misdemeanor proceedings. In addition, there is a danger of arbitrary interpretation of these provisions by the police, who will be given the authority to determine which news is false and “causes panic among citizens”. Particularly controversial is the provision that foresees penalties for those who by spreading fake news ” obstruct the implementation of decisions and measures of competent authorities and institutions which exercise public power” because in a situation where police officers determine the truth of certain news and information, any form of public criticism of the decisions of competent authorities can potentially be interpreted as a distraction.

The same danger exists in the application of the provision that refers to the prohibition of “disparaging state authorities”, because it could also be considered as expressing a negative or critical attitude about the work of the public sector, and it should certainly be noted that the danger threatens not only the media, but to all citizens who express any form of criticism on social networks. The new law also foresees the possibility of banning public speaking for a period of six months, which directly threatens the constitutionally guaranteed human rights to freedom of expression, which are also protected by the European Convention on Human Rights.

TI BiH believes that this Law is a continuation of negative tendencies and attempts by authorities throughout Bosnia and Herzegovina to suppress criticism and silence citizens, the media, the opposition and non-governmental organizations that point to corruption and other negative social phenomena. It is particularly symptomatic that this law is being passed at a time when the authorities in the Republic of Srpska are trying to criminalize defamation again and have already “tested” the reactions of the international community by adopting the disputed law in draft form.

It should also be remembered that the recommendations of the Council of Europe encourage and invite states to improve freedom of expression on the Internet, in such a way as to enact laws and practical measures that would prevent any form of state and private censorship. In April 2018, the European Commission proposed a pan-European approach to the fight against misinformation on the Internet, which includes an independent European network for fact-checking, improving media literacy and other measures to combat the abuse of online space that go in the direction of prevention through education and other forms of regulation, not towards restricting freedom of expression. That is why TI BiH called on the Ministry of Internal Affairs of Sarajevo Canton to return this law for revision in order to draft a better legal solution through consultation of all interested parties.

Press-rls_05.06.23

Conference on the Integrity of Political Parties Held, a Call for the Democratization of Political Parties

Press releases ● 01 June 2023

“Bearing in mind the importance of the parties themselves and their influence, as well as the fact that BiH is a country whose institutions are captured by the interests of political leaders, key changes towards the democratization of political parties are necessary.“, is the message of the conference “Lack of integrity and ethics in political parties” which was organized today in Sarajevo by Transparency International in BiH (TI BiH) and the OSCE Mission in Bosnia and Herzegovina. The conference was attended by representatives of relevant international and civil society organizations, political parties, legislative authorities and the Central Election Commission of Bosnia and Herzegovina, and the common conclusion is that the intra-party structures and procedures by which they are guided have created a unique political system that has led to

a crisis in the legitimacy of state institutions and the lack of public trust in the democratic process.

Bosnia and Herzegovina, in addition to being rated as the country with the highest level of corruption in the Western Balkans and the third most corrupt in Europe, is increasingly described as a captive state and a hybrid regime, which is why it is necessary to limit the power and influence of political leaders. One of the ways to achieve this is the democratization of political parties.

“In Bosnia and Herzegovina, clientelism is a way for parties to mobilize voters and capture institutions, while the same parties are recognized in the eyes of citizens as the most corrupt social institutions,” said Srđan Blagovčanin, president of the TI BiH Board of Directors, during the presentation of the research results at the topic “Internal functioning and integrity of political parties: laws and practice”, which he concluded with the call that: “It is necessary to establish minimum standards of intra-party democracy with the aim of strengthening transparency, responsibility and integrity.”

In this direction, TI BiH has proposed a package of measures to improve this area, especially the Law on the Financing of Political Parties, which, among other things, includes the establishment and use of unique bank accounts for all parties, increasing the competence of the Central Election Commission in the process of auditing expenses, the obligation to publish financial plans, reports and all transactions, expansion of prohibited sources of financing, contributions and donations, more detailed definition of related persons and stricter and more detailed definition of offenses and sanctions.

A similar approach is advocated by the OSCE Mission in Bosnia and Herzegovina, reminding that the recommendations of ODIHR and GRECO, which refer to a clearer definition of rules in the field of campaign financing, have not yet been implemented.

“Introduction of effective, proportional and discouraging punishment for violations of campaign financing rules is necessary,” said Ahmed Rifatbegović, advisor for political issues of the OSCE Mission to Bosnia and Herzegovina, noting that “in order to ensure an adequate system of control, it is necessary to strengthen capacities of the Central Election Commission of Bosnia and Herzegovina, especially the Audit Service.”

Existing legal frameworks for functioning and financing of political parties, were discussed at the conference, as well as proposals for further steps and recommendations for improving the situation in this area.

“There is no single register of political organizations and their exact number is almost impossible to determine, and the laws on party financing are imprecise, outdated, unharmonized and vaguely prescribe the method of control,” said Nenad Simović, director NDI BiH adding that they have been working for some time to involve as many parties as possible in the process of defining a new, harmonized legal framework, expressing the hope that the parties in both entities in BiH will show interest in this process.

The conference, which represents the beginning of a dialogue on integrity and ethical standards in political parties, sent a clear message that further work on the integral and comprehensive regulation of the activities of political parties is necessary, first through laws that would additionally regulate the minimum standards of intra-party democracy, the way of their financing and introduced mechanisms of more effective control and more rigorous sanctioning.

At the conference organized by Transparency International in BiH (TI BiH) and the OSCE Mission in Bosnia and Herzegovina, Ahmed Rifatbegović spoke on behalf of the OSCE Mission to BiH, Radivoje Grujić on behalf of ODIHR, as well as Nenad Simović, director of NDI for BiH, representatives of the Central Election Commission of BiH and Srđan Blagovčanin, president of the TIBiH Board of Directors.

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Republic of Srpska is Trying to Legalize the Conflict of Interests With a New Law

Press releases ● 26 May 2023

Banja Luka, May 26, 2023 – The authorities of the Republic of Srpska are trying to completely legalize this phenomenon with new amendments to the Law on Prevention of Conflict of Interest and enable public officials to be at the head of associations financed from the budget. Transparency International in Bosnia and Herzegovina sent comments on the draft amendments to this law established by the Ministry of Administration and Local Self-Government of the Republic of Srpska, where only one article is changed, which allows elected officials, holders of executive functions and advisors to perform additional functions in associations financed with public money if they do not receive compensation for it.

What is completely absurd is that changes to this law, the improvement of which the European Union has been seeking for years, were expressly referred to the procedure when the former president of the High Judicial and Prosecutorial Council and advisor to the President of the Republic of Srpska, Milan Tegeltija, found himself in a conflict of interest. This law currently prohibits public officials and their advisers from being the head of any association financed from the budget with more than BAM 100,000.

As Tegeltija was recently appointed as the head of the Football Club “Borac” Banjaluka, which, according to official information provided to TI BIH, received 2 million BAM from the Government of the Republic of Srpska this year alone, it is clear that he is in a conflict of interest, which is why TI BIH sent reports against him and five other leaders of football clubs in BiH to the authorities.

While making excuses to the media, Tegeltija reduced the appearance of a conflict of interest when financing the association to receiving a salary, stating that he does not receive compensation for working in the club, and therefore there are no “two conflicting interests”. Immediately after presenting this interpretation, the Ministry initiated a procedure to amend this law, in which only one article is changed and officials who do not receive compensation for their work in the association are exempted from the ban.

Such a provision, apart from not being harmonized with the laws on conflict of interest at any level in BiH, is also contrary to other provisions of this law which define that the private interest of an official includes any advantage for him or her or the organizations with which he or she had or has business, political and other connections. The goal of this law is to prevent officials from distributing money from the budget to their own associations and private companies, so the appearance of a conflict of interest cannot be reduced to receiving a salary.

TI BIH has been warning for a long time that it is unacceptable for the same people to be in the government distributing public funds and at the head of the association deciding on the ways to spend public money, and it should be remembered that the public has been listening for years about scandals surrounding the misuse of public funds for these purposes. It should also be noted that the public has no insight into how sports clubs and other associations spend the money they receive from the budget and that funds are distributed without a public call, established procedures and measurable criteria.

These changes open up space for additional abuse, and it must be said that the Republic of Srpska has the worst law in this segment because the prohibitions do not apply to double functions in numerous associations that receive less than BAM 100,000 per year, while, for example, in Brčko District, the prohibitions apply to all associations that receive over BAM 10,000.

This is why such changes are contrary to EU requirements set through 14 priorities, where all levels of government are asked to harmonize and improve laws on conflict of interest, and this is not the first time we have attempts to adopt solutions that are worse than the existing ones. TI BIH therefore calls on the authorities in Republic of Srpska to abandon the adoption of this law and finally introduce a law harmonized with international standards into the procedure.

Press rls_26.05.23_

For Corruption, the Most Common is Suspended Sentence; No Confirmed Indictments for High Level Corruption in the Last Year

Press releases ● 25 May 2023

Banja Luka, May 25, 2023 – During the last year, not a single indictment for high corruption was confirmed in the entire Bosnia and Herzegovina, and in cases from earlier years, only four final verdicts, in which prison sentences were imposed on the perpetrators of criminal acts of high corruption, were passed. Two such verdicts were pronounced in the Una-Sana Canton, one in the Republic of Srpska and one in the Brcko District, according to the data that Transparency International received from the High Judicial and Prosecutorial Council and published on TI BIH’s interactive map of corruption prosecutions.

In 2022, the prosecutor’s offices in Bosnia and Herzegovina registered 1,859 reports for criminal acts of corruption, and that number is higher by 168 cases compared to last year, and the fact that two-thirds of all reports for criminal acts of corruption end with an order not to conduct an investigation is particularly worrying, as shown by data from the Monitoring of Corruption Prosecution presented by Transparency International in Bosnia and Herzegovina.

Mostly fines or suspended sentences are imposed before the BiH judiciary for criminal acts of corruption, while prison sentences were imposed in only 29.6% of cases, and only 4 final court verdicts were passed in the entire BiH last year, in which the perpetrators were imposed prison sentences for crimes of high corruption.

All of this indicates that corruption is generally not prosecuted in Bosnia and Herzegovina, and that, when it does happen, the judiciary in Bosnia and Herzegovina is mostly resolving minor cases, while major corruption cases go unpunished.

Thus, during the last year, 1,859 reports for criminal acts of corruption were recorded, and it is particularly worrying that at the same time the number of orders not to carry out the investigation increased, and 60% of the reports were rejected, which is the largest number of such decisions since TI BiH has been monitoring corruption proceedings before the courts and prosecutor’s offices in Bosnia and Herzegovina.

These results of the judiciary work in the fight against corruption and the prosecution of criminal acts of corruption are confirmed by the findings of the Corruption Perception Index (CPI) for 2022 showing that the degree of corruption in BiH is the highest since this research was conducted, as well as that BiH is the third most corrupt country in Europe, behind war-torn Ukraine and Russia.

The reason for this state of affairs can certainly be sought in the Prosecutor’s Office of BiH, which, after the scandal surrounding the appointment of the Chief Prosecutor of BiH and the arrival of the Deputy Chief Prosecutor on the US blacklist, precisely because of suspicions of corruption, lost public confidence in its ability to adequately fight corruption.

In support of these trends is the fact that the number of indictments filed in 2022 is lower compared to 2021, and that decline can be mainly attributed to the work of the prosecutor’s offices in the territory of the Federation of BiH, which filed 14.5% fewer indictments for corruption. At the same time, 124 judgments in which the accused were found guilty were passed in this entity and in which a suspended sentence was determined instead of a prison sentence, making up 75% of the total number of cases that ended with judgments in which the accused were found guilty. For the sake of comparison, at the level of Bosnia and Herzegovina, the number of established suspended sentences is 3, in Republika Srpska 6, while in Brčko there is only one such decision in 2022.

The Cantonal Prosecutor’s Office of Central Bosna Canton has been distinguished by poor results for years, and in the last year it had only one confirmed indictment for corruption, and that was in the case against Jasna Babić, the director of JKP “Vitkom” d.o.o. Vitez, who was reported by TI BiH in 2019 for falsifying a document and conflict of interest. In this canton, in the last eight years, only 4 final verdicts were passed in which the defendants were declared guilty, but in which a suspended sentence was determined instead of a sentence, while 83% of corruption reports received by this prosecutor’s office from 2015 to 2022 resulted in the decision not to conduct the investigation or to suspend it, and the low level of efficiency was also shown by the Prosecutor’s Office of Herzegovina-Neretva Canton, where the last prison sentence for a criminal offense of corruption was pronounced in 2019.

According to the indictments of the prosecutor’s offices, the courts issued a total of 288 convictions for criminal offenses related to corruption, which is the best result in the observed period, but this is again not a sufficient indicator for a good assessment of the work of the judiciary as a whole, especially when analyzing the types of sentences that were imposed in these cases.

Out of the total number of judgments passed in corruption cases in 2022, 199 judgments were final, and in as many as 67% of cases a suspended sentence was imposed instead of a sentence, in 3.5% of cases a fine was imposed, while less than a third of the cases in which corruption was tried resulted in a prison sentence. Perpetrators of high corruption were sentenced to only 4 prison sentences last year, while three cases ended with verdicts that imposed a suspended sentence instead of a prison sentence, which once again confirms that corruption is generally not prosecuted in Bosnia and Herzegovina, and that mainly minor cases are solved while major corruption cases go unpunished.

Apart from these, other research data of Transparency International BiH indicate that the judiciary is the main source of problems when it comes to the fight against corruption, such as the research of TI BiH on the disciplinary responsibility of holders of judicial functions in BiH showed that several disciplinary measures were imposed against holders of judicial positions during 2022, but that the most common disciplinary sanction was a reduction in salary by a certain percentage, while only two holders of judicial positions were disciplinary sanctioned by being transferred to a lower position due to negligence in their work.

Press rls_25.05.23_

TI BiH Wrote to the Government of the Federation of BiH: Inadmissible Decision to Withdraw From the Procedure Laws Necessary for the Fight Against Corruption

Press releases ● 19 May 2023

Transparency International in Bosnia and Herzegovina (TI BiH) sent a letter to the Government of the Federation of BiH due to the unacceptable decision to withdraw two important anti-corruption laws from the procedure, which further delays the fulfillment of EU priorities and the implementation of important reforms in the fight against corruption. The FBiH government has withdrawn from the parliamentary procedure numerous laws that were not adopted in the previous mandate, including the Draft Law on the Prevention of Conflicts of Interest in Authorities in the FBiH as well as the Draft Law on the Protection Whistleblowers in FBiH.

Such a decision will additionally slow down the implementation of anti-corruption reforms because some of the laws have already undergone certain procedures and harmonization, and their withdrawal is contrary to the government’s declarative commitment to fulfill the 14 priorities set before the BiH authorities by the European Union.

We remind that the Draft Law on the Protection of Whistleblowers in the FBiH was already adopted by the House of Representatives in June 2018 and has been in the procedure since then, even though its urgent adoption is necessary because the Federation of BiH is the only level of government that has not yet legally protected “whistleblowers” – that is, persons who report corruption in the workplace. This law was submitted in the form of a proposal by the FBiH Government again in August 2022, and now, with the new convocation of the Government, it was withdrawn after so long. On the other hand, last year alone, TI BiH initiated 37 cases where the applicants fell into this category, and most of them came precisely from the Federation of BiH, which did not legally protect them. Please note that such a law exists at the state level, in the Republic of Srpska and Brčko District, and that the citizens of FBiH have been discriminated against for years due to numerous political obstructions.

It is especially inadmissible to withdraw the Proposal of the Law on the Prevention of Conflicts of Interest in Official Bodies in the FBiH from the procedure, and it has been 10 years since there is no competent authority in this entity to which conflicts of interest can be reported. According to the current law, that competence belongs to the Central Election Comission of BiH, which was deprived of those competences by changes to the law at the state level in 2013, and for ten years conflicts of interest in the Federation of BiH have gone unpunished. According to TI BIH data, currently 241 officials in FBiH perform more than one function in public enterprises and public institutions, and many have additional engagements in non-profit organizations financed from the budget. In addition to the fact that there is no body that determines the conflict of interest, other institutions completely ignore this law when appointing and allocating public funds to organizations led by officials in a conflict of interest. All of this represents an important source of corruption, and that is why it is necessary to urgently adopt a new law in the FBIH, which in the form of a proposal was sent to the procedure by the FBIH Government in August last year.

Its withdrawal will further slow down the resolution of this issue, so Transparency International in BiH calls on the FBiH Government to urgently return the mentioned laws to the procedure and notes that any further delays will have negative consequences on the fight against corruption.

Press rls_19.05.23_

REACTION TO THE DRAFT LAW ON THE SPECIAL REGISTER AND PUBLICITY OF THE WORK OF NON-PROFIT ORGANIZATIONS: AN ATTACK ON THE WORK OF CITIZENS’ ASSOCIATIONS

Press releases ● 11 April 2023

Associations of citizens sent an initiative to the Ministry of Justice to withdraw the Draft Law on the Special Register and Publicity of the Work of Non-Profit Organizations,stressing in the comments on the Draft Law itself that it contradicts not only human rights standards, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Bosnia and Herzegovina and the Constitution of the Republic of Srpska, but, it is in direct contradiction to several valid laws in the Republic of Srpska, such as the Law on General Administrative Procedure, the Law on Administrative Disputes, the Law on Civil Procedure, the Law on Associations and Foundations, the Law on Accounting and Auditing, the Law on Inspections, etc. Furthermore, this Draft Law represents a continuation of activities aimed at suppressing freedom of expression and association, which began with the initiative to criminalize defamation and insult, and continued through attacks on journalists, activists and NGOs.

The formulations offered by the proposed draft are foreign to domestic legal theory, imprecise, ambiguous or redundant. For example, the term “agent of foreign influence” appearing in the Draft Law is found for the first time in the legal history of Bosnia and Herzegovina, and the very wording used in it is a clear indication that the tendencies of this Draft are to pejoratively present the work of citizens’ associations. We remind that according to the Law on Associations and Foundations of the Republic of Srpska, an association is “any form of voluntary association of several natural or legal persons for the purpose of promoting or achieving some common or general interest or goal, in accordance with the Constitution and the law, and the main purpose of which is not the acquisition of profit”.

The draft prohibits political activities which are so widely placed that they can prevent any action of citizens’ associations in the direction of improving legal regulations and achieving better protection of citizens, which is why associations are formed. By limiting “political action” and “political activity” (e.g. submitting an initiative to propose a law), introducing supervision over the type of activity that associations can carry out and introducing direct control through inspection supervision, this Draft Law dangerously encroaches on constitutionally guaranteed rights and freedoms and leaves a great possibility for the competent institutions to, by arbitrary interpretation of the law, prohibit the work of organizations whose activities do not favor the authorities in Republic of Srpska.

The authorities are trying to present to the public that there is no regulation in the area of the work of citizens’ associations, that the associations do not work transparently and are not accountable to anyone. However, this is absolutely untrue – legal regulations exist and associations are obliged to submit various reports to the institutions of the Republic of Srpska, and each association, as a legal entity, has the obligation to submit a final financial report to the Agency for Intermediary, IT and Financial Services (APIF), that during the inflow of financial resources, it has to submit the basis for the inflow of funds to the bank so that it can use them, and is subject to the controls of the Tax Administration in the Republic of Srpska.

In addition to the imposition of double reporting obligations, the proposed draft labels and discriminates against associations and foundations from the Republic of Srpska whose activities and projects are financed by foreign governments and organizations, while the draft law excludes associations and foundations that are financed from public budgets, and precisely those mechanisms of allocation of financial resources are insufficiently transparent and the source of various political abuses, especially in the pre-election period.

In the end, the institutions of the Republic of Srpska government are financed through international projects, from the same sources as citizens’ associations, including the European Union, USAID, various international development agencies, and the question arises, why institutions are not declared agents of foreign influence when they receive funds from abroad?

Therefore, it is clear that the purpose of the Draft itself is to send a message to the citizens that citizens’ associations are enemies of the state, and it represents only one step in a series of multi-year attempts by the authorities in the Republic of Srpska to limit freedom of speech, assembly and association and stifle criticism in all ways, including methods characteristic of totalitarian regimes.

Banja Luka Center for Human Rights

Banja Luka Social Center

Youth Center “KVART”

Center for Research and Studies – GEA

Center for Information Decontamination of Youth Banja Luka

Center for the Environment

Society for Biodiversity Research and Protection

Foundation “Udružene žene”

Helsinki Citizens’ Assembly of Banja Luka

Genesis Project

Association of Citizens “Moja Hercegovina”

Youth Organization “Centar” Mrkonjić Grad

Perpetuum mobile – Institute for Youth and Community Development

SEMPER – Service for media professional education and development

Transparency International in Bosnia and Herzegovina

Association of Citizens „Impuls“ Banjaluka

Citizens’ Association eTrafika.net

Citizens’s Association „UNSA Geto“

Citizens’ Association „Zdravo da ste“

Association for the promotion of European standards and improvement of the business environment

Association” Romska djevojka – Romani cej ”

Citizens’ Association „Druga priča“

Citizens’ Association „Mikro mreža“

Citizens’ Association „Srce na dlanu“

Association for the Protection of Animals “Vardi”

Citizens’ Association „ToPeeR“

Association „Forum Žena“ Bratunac

Association „Stop Mobbing“

Citizens’ Association „Radnička solidarnost u BiH“

Citizens’ Association „Restart“

Association „Prijatelji Srebrenice“

Citizens’ Association „Oštra nula“

Citizens’ Association “Budućnost” iz Modriče

Press rls_11.04.23_

Despite the court ruling, the Banking Agency the Republic of Srpska refuses to provide information on the sale of Sberbank: It is not in the public interest, but the aim is to cause panic among citizens

Press releases ● 30 March 2023

Transparency International in Bosnia and Herzegovina (TI BIH) won a court case against the Banking Agency of the Republic of Srpska (ABRS), which persistently refuses to provide information about the sale of Sberbank and possible court cases that have been initiated due to this case. However, even after the court verdict, the Agency refused to submit this information, claiming that the purpose of its publication was ” causing panic among citizens”.

Sberbank a.d. Banjaluka was sold in March of last year, and TI BiH asked the Banking Agency of the Republic of Srpska for information on whether there are any legal disputes against this competent regulator in connection with this case. The agency persistently refused to provide this information, claiming that it represents a business secret and a confidential commercial interest, and on that occasion it did not perform the test of public interest, which, according to the Law on Freedom of Access to Information, is more important than the interests of individuals.

That is why the District Court in Banja Luka issued a verdict stating that ABRS made a mistake when it refused TI BIH’s request” with the incorrect application of substantive law, while the factual situation is neither correct nor fully established, given that the ABRS did not examine the public interest at all”.

However, even after the court verdict, the Banking Agency of the Republic of Srpska one more time refused to provide this information, and on that occasion, in the opinion of TI BiH, ignored the essence of the court’s decision and repeatedly avoided the implementation of the public interest test.

The publication of data on the initiated disputes against ABRS in connection with the sale of Sberbank and the delivery of copies of documentation of those disputes, if they were initiated, cannot possibly be in the public interest, but the aim is to cause panic among citizens and create distrust in the banking sector of the Republic of Srpska and Bosnia and Herzegovina, which may have large negative repercussions on the entity’s finances and budget,

it is stated in the new decision of the Banking Agency of the Republic of Srpska.

TI BIH reminds that „negative repercussions on finances and the budget” have already arisen in the event of the failure of Bobar banka, Banka Srpske and Balkan Investment Banka, and that competent institutions are determining the responsibility of ABRS. It is also important to point out that TI BiH has already won a dispute before the Supreme Court of the Republic of Srpska against the Banking Agency in the case of illegal concealment of information about the operations of Banka Srpske, and in the judgment itself, the Court states that the timely publication of data could have encouraged the Agency to detect illegalities in the banks’ operations in time and thus prevent their collapse, both in the case of Banka Srpske, and in the cases of Bobar banka and Balkan Investment bank.

However, despite previous court decisions stating that the regulator had no right to hide this information from the public, referring to business secrecy without any arguments, the Banking Agency continues with non-transparent practice and disobeying court decisions.

Press rls_3.3. 2023._

ADOPTION OF THE DRAFT AMENDMENT TO THE CRIMINAL CODE OF THE REPUBLIC OF SRPSKA, CRIMINALIZING DEFAMATION AND INSULT IS A PRELUDE TO OPEN REPRESSION

News ● 23 March 2023

Banja Luka, March 23 – Despite numerous warnings and reasoned criticisms from journalists, civil society organizations and the international community, including reactions of rapporteurs of the United Nations, the European Union, the OSCE, the Council of Europe and numerous others, the ruling regime by adopting the Draft Amendments to the Criminal Code of the Republic of Srpska, in violation of the procedures that prescribe the method of law preparation, confirms dangerous intentions to create legal prerequisites for open repression by draconian punishment of citizens for expressed views and opinions.

After a lynching atmosphere was created and orchestrated from the highest level of the executive power in which the targets of persecution were journalists and activists, the adoption of the draft of the Criminal Code of the Republic of Srpska confirms the readiness to go one step further in the process of unscrupulous and systematic suppression of rights and freedoms.

As has been warned, the changes in the law are disputed both from the procedural aspect, i.e. their legality, as well as from the substantive side in terms of their legitimacy, i.e. public interest. The changes to the law themselves were not foreseen in the work plan of the Ministry of Justice, which even a few days before the public announcement did not have information about their preparation, while the explanation even contained incorrect information that these disputed articles were published in a draft. Elementary standards of consultation with the public were not respected, nor were other conditions met to carry out an appropriate assessment of the impact of regulations and to elaborate the purpose and reasons for the adoption. This indicates that the changes themselves were prepared outside the prescribed institutions and procedures.

Essentially, the foreseen changes are controversial and dangerous in many ways, apart from being inconsistent with the existing legal framework, while draconian punishments will additionally create an atmosphere of fear of criticizing the government’s work.

The introduction of freedom of speech into the domain of consideration in criminal proceedings will create numerous obstacles for the work of media throughout Bosnia and Herzegovina, but it will also affect the freedom of every citizen to speak publicly or present any information and views.

Provisions which introduce criminal offenses against honor and reputation in the Criminal Code of Republic of Srpska cannot be corrected and improved by public discussion, and the only solution is to delete them completely. Faking a public hearing is solely for the purpose of creating the appearance of public participation in decision-making.

Therefore, we invite the proponents to withdraw the proposed solution and note that the public discussion can only be used to withdraw the disputed provisions, because any criminalization of defamation represents a big step back in the protection of freedom of expression.

Press rls_23.03.23_

Stop Intimidation and Attacks on Human Rights Activists

Press releases ● 19 March 2023

Banja Luka, March 19, 2023 – Transparency International in BiH condemns the attack on activists that took place in front of the TI BiH office on March 18, 2023 during an internal meeting of activists. TI BiH believes that this attack is a direct consequence of messages sent from the highest level of government, labeling and intimidating activists who fight for human rights. Such messages gave impetus to violence by an organized group of hooligans, which led to injuries and endangered the lives of individuals.

TI BiH calls for these, and all other attacks that occurred in the previous period, to be investigated and severely sanctioned as soon as possible, and to provide protection to citizens. We also call on the authorities in Republic of Srpska to stop targeting and inciting the public against activists, journalists and civil society, in order to prevent new attacks and further escalation of violence.

Press rls 19/3/2023

The UN Special Rapporteur Requests the Withdrawal of Changes to the Republic of Srpska Criminal Code: This is a Big Setback in the Protection of Freedom of Expression

Press releases ● 15 March 2023

Banja Luka, March 15, 2023 – The UN special rapporteurs for the protection of the right to freedom of opinion and the right to freedom of peaceful assembly asked the authorities of the Republic of Srpska to withdraw the changes to the Criminal Code of the RS criminalizing defamation, and this reaction followed the initiative of several civil society organizations, including Transparency International in BiH. In the published letter, the UN rapporteurs analyzed the articles of the law in detail and warned that an arbitrary interpretation of numerous provisions could serve to suppress freedom of speech and expression.

As stated, Article 208a criminalizes the ‘insult’ of another person, and as the term “insult” is very subjective and open to the most diverse interpretations, there is a risk of arbitrary interpretation, which may preclude political cartoons or satire against political figures, which are permitted forms of expression. Also, Article 208c(1) criminalizes if someone “conveys anything from the personal or family life of a person that may harm his or her honor or reputation” and the proposed provision does not establish reasonable exceptions, such as e.g. disclosure in the public interest.

It is also stated that certain provisions may have a harmful effect on the freedom of press by encouraging journalists to self-censor, and it is particularly emphasized that fines are disproportionately high.

The imposition of prison sentence, on the basis of the draft amendments to Article 340, allows serving a prison sentence of up to two years. In this regard, we would like to reiterate the statement of the Human Rights Committee, which emphasizes that a prison sentence can never be an appropriate punishment for defamation,

state the UN rapporteurs, who in their letter recognized the initiative of civil society organizations about the procedural shortcomings of passing the law.

That is why the competent authorities were asked to explain the procedural omissions pointed out by the TI BiH to the Legislative Committee of the National Assembly of the Republic of Srpska, because the text of the preliminary draft and the draft differ, more precisely, the provisions on defamation were inserted later to avoid public participation.

–We were informed that two different versions of the draft amendment were published, the first in February, although no one seems to have seen the draft at the time, and the authorities stated that no draft existed, and the second draft on March 3, 2023. It seems, however, that the chapter on crimes against honor and reputation was not included in the first version. In the explanation of the draft amendments published on March 3, 2023 the Ministry of Justice indicated that it had not received any comments or suggestions by the set deadline of seven days after the publication of the draft in February.

stated by reporters looking for an explanation of how the Ministry ensured the implementation of adequate public consultations.

It is also recalled that the Human Rights Committee emphasized that defamation laws “must not, in practice, serve to stifle freedom of expression”, and that countries should consider the decriminalization of defamation, which was done by Bosnia and Herzegovina, providing a good example in the region 20 years ago. The reporters state that the adoption of these changes would represent a major setback in the legal framework for the protection of freedom of expression in BiH. Also, the proposed amendments would be contrary to the global trend of decriminalization of defamation, which includes the European region, where several EU member states and EU candidate states have abolished criminal defamation, or have taken steps towards its abolition.

Practice in countries has shown that criminal defamation laws are often used against journalists, political opponents, human rights defenders, and other persons who are critical of government officials and policies. The prosecutorial powers of the countries are actually being used to silence legitimate political criticism, according to the memo signed by Irene Khan, Special Rapporteur for the Promotion and Protection of the Rights to Freedom of Thought and Expression and Clément Nyaletsossi Voule, Special Rapporteur for the Rights to Freedom of Peaceful Assembly and Association.

Press rls_15.03.23_

Ref.: OL BIH 1/2023 ENG

Ref.: OL BIH 1/2023 BHS

TI BIH condemns the attack on Banja Luka journalists and activists: The government creates an atmosphere of public lynching of dissenters

Press releases ● 09 March 2023

Banja Luka, March 9th  2023 – Transparency International in Bosnia and Herzegovina strongly condemns last night’s attacks on the property of journalists Nikola Morača and Aleksandar Trifunović that happened in Banja Luka, as well as yesterday’s threats and insults against journalist Siniša Vukelić and other representatives of independent media by the President of Republika Srpska Milorad Dodik. 

TI BiH believes that it is no coincidence that these attacks took place after a new series of open pressures and threats addressed to independent media by Milorad Dodik and his announcements of passing restrictive laws that would create preconditions for the institutional persecution of dissidents. It is also indicative that the target of the attack was Nikola Morača, the journalist who was recently the target of investigation and public criticism of the MUP of the RS due to his work. TI BiH also strongly condemns yesterday’s hooligan attack on activists and participants of the “8th March march” in Banja Luka, and all this is happening in an atmosphere of public lynching created by the government against political dissidents. 

The pressure on independent media, activists and civil society organizations increased after the parliamentary procedure for changes to the Criminal Code of the RS, which re-introduces the criminalization of defamation, and yesterday Milorad Dodik announced the adoption of a restrictive law on non-governmental organizations. There have been similar announcements before as the government repeatedly labeled media and civil society organizations that are now officially discredited and disabled in their work. 

TI BiH believes that the goal of these laws is nothing more than the creation of preconditions for institutional persecution and intimidation of independent journalists, media and non-governmental organizations that point to corruption, violation of human rights and other deviant phenomena. 

Instead of dealing with the widespread occurrences of corruption and lawlessness, the government in the RS clearly intends to silence those who point to it and create conditions in which it will not be possible for the media and organizations that are not under the control of the government to act. 

Press rls_09.03.2023_

Bosnia and Herzegovina: Reject criminalization of defamation

Press releases ● 08 March 2023

Berlin, 8. mart 2023. – On Thursday 2 March, the Bosnia and Herzegovina entity Republika Srpska adopted draft amendments to the criminal code that would re-criminalise defamation. This is an alarming development that, if approved by the National Assembly, would endanger free speech and allow for prosecution of journalists, civil society and anyone who speaks up. Transparency International urges policymakers to reverse this dangerous direction and protect freedom of expression at a time when civic space is threatened across the country. We call for the Ministry of Justice to withdraw the proposal, and for National Assembly members to reject the provisions in discussion.

Amidst ongoing pressure on journalists and others critical of the government, the proposed provisions seem designed to encourage censorship and block criticism of the regime and other powerful figures. The draft allows for arbitrary interpretation of what constitutes an insult or the “ intent to incur damage to someone’s reputation or honor”, and even bans reference to someone’s family circumstances, which could block reporting on conflicts of interest that arise from family ties. These can be applied to anyone – from journalists to organizations reporting on corruption and even members of the public who speak up via social networks. The penalties for violation are very high, allowing for fines of over US$60,000.

Defamation is frequently used as a justification to curtail dissent. International bodies such as the UN Human Rights Committeeas well as the European Union, have repeatedly underscored the dangers of criminalising defamation, and called for it to remain a civil matter. Proponents of the new amendments in Republika Srpska claim they are in line with EU practices, but such harsh provisions clearly contradict EU stances. In their statements, officials have openly admitted they want to introduce order and end “abuse of public space”.. Republika Srpska first decriminalized defamation in 2000, making these new developments a reversal that would threaten already fragile freedoms.

Bosnia and Herzegovina has significantly declined on the Corruption Perceptions Index in recent years,dropping eight points since 2013, in part due to the capture of government – especially the judiciary. Allowing more leeway to criminalise the expression of opposition will only further hinder democracy and basic rights in the country.

Daniel Eriksson, CEO of Transparency International, said:

“Freedoms of expression and the press are essential to hold power to account. At this critical time, the media, civil society and the public must retain the ability to shine a light on corruption and other abuses to prevent Bosnia and Herzegovina from falling further into authoritarianism. Transparency International calls on policymakers to stop such dangerous proposals and protect free speech and democracy.”

TI BIH: Citizens Most Often Report Corruption in State Administration; They Trust the Non-Governmental Sector More Than Official Institutions

Press releases ● 07 March 2023

Banja Luka, March 7, 2023 Transparency International’s Legal Aid Center in Bosnia and Herzegovina handled 302 cases related to corruption and violation of citizens’ rights last year, which is 14% more than in 2021, and received over 1,560 calls from citizens who have sought legal assistance or advice. It is important to say that in the 37 initiated cases, the complainants belong to the category of “whistleblowers”, i.e. persons who report corruption in the workplace, and most of them are from the Federation of Bosnia and Herzegovina, which has not yet adopted a law on the protection of corruption whistleblowers.

The law exists at other levels, but the number of applicants who turn to the TI BiH address far exceeds the number of those who receive the status of protected corruption applicants from the competent institutions, which clearly shows that citizens have less and less confidence in the system.

The largest number of reports, 137 of them, was relating to the state administration sector, and citizens mostly reported cases of non-action by inspection bodies, irregularities in the employment processes in public and other institutions and public companies, and an increasing number of public tenders cancellations in order to avoid setting the top-ranked candidates.

When it comes to specific examples, after the action of TI BIH, administrative inspectorate found that the former director of the Institute for Public Health Zeljković was illegally employed as an expert advisor in the Republican Administration of Civil Protection of the Republic of Srpska, managed by his party colleague Milan Novitović. He changed the regulation to enable Zeljković and his deputy Nenad Ćuk to remain in office, and due to non-compliance with the orders of the administrative inspectors, a misdemeanor proceeding was initially initiated against Novitović followed by a criminal proceeding by the competent prosecutor’s office.

We remind that Zeljković’s trial began last year for illegal procurement during the pandemic in a case reported by the TI BiH in 2020.

TI BIH initiated 22 administrative disputes due to violations of the provisions of the Law on Freedom of Access to Information, and during 2022, 21 administrative disputes were resolved in favor of TI BiH. Of the more important cases, it is important to point out that TI BIH won a dispute against the Ministry of Transport of the Republic of Srpska before the District Court in Banja Luka, which illegally hides the contract of the Banja Luka-Prijedor highway, but the government decided to ignore the court’s decision, which is why TI BIH launched a new administrative dispute.

In the election year, TI BIH submitted 79 reports to the Central Election Commission for violations of election legislation, 17 of which refer to misuse of public resources under new provisions imposed by the OHR. According to those provisions, among other things, sanctions were imposed on the mayor of Laktaši who organized a party rally during public works, as well as the mayor of Zenica who gave a political speech at a public event.

During the last year, TI BIH initiated 32 cases related to the existence of conflicts of interest before the competent institutions. In one of those cases, the Central Election Commission revoked the mandate of Aladin Ćerimović, a councilor in Velika Kladuša, who was in a conflict of interest on as many as four grounds. Also, the competent Commission determined that the former councilor in the Prnjavor Municipal Assembly, Bogoljub Sančanin, was in a conflict of interest because he led, at the same time, a municipal veterans’ organization that received more than the allowed BAM 100,000 per year from the local budget, and decisions are still awaited in several similar cases.

Also, the Commission for deciding on the conflict of interest at the BiH level has not yet decided on the TI BIH application against the former member of the BiH Presidency, Milorad Dodik, because the companies owned by his family do business with the state and receive significant incentives from the budget, which is prohibited by law. A decision is also awaited on a significant complaint against the current Minister of Justice of the Republic of Srpska, Miloš Bukejlović, who, before being appointed to this position, simultaneously held six positions that were incompatible on several grounds.

While on the one hand, evident violations of the law go unpunished for years, Bukejlović, from his new position as the Minister of Justice of the Republic of Srpska, is initiating changes to the Criminal Code of the Republic of Srpska, seeking to silence activists, journalists, media and civil society organizations that point to such phenomena. That is why TI BiH, in cooperation with civil society organizations, requested the withdrawal from the procedure of the law criminalizing defamation in the Republic of Srpska and introducing draconian penalties for “injury of reputation and honor”.

TI BiH believes that not only would these changes set back freedoms and introduce censorship, but with such judicial institutions that are subject to political influence, the criminalization of defamation would only further lead to the persecution and intimidation of those who point to corruption.

Press rls_07.03.2023_

TI BiH Legal Aid Center for 2022