Press releases

TI BIH Welcomes Adoption of New Conflict of Interest Law: Appeal to House of Peoples Delegates to Unblock Reform Processes

Press releases ● 10 March 2022

Banja Luka, March 10, 2022 – The decision of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina to adopt a new Law on the Prevention of Conflicts of Interest in BiH Institutions is an important step in preventing corruption in this area and Bosnia and Herzegovina’s European path. Transparency International in Bosnia and Herzegovina (TI BiH) welcomes the adoption of the Law in the House of Representatives of the BiH Parliamentary Assembly and appeals to the delegates in the House of Peoples to adopt this law in the same form in line with international standards.

TI BiH, in cooperation with international organizations, initiated the adoption of this law, which has been in the procedure since 2017. It has been adopted in the House of Representatives for the third time, but so far there has been no support in the House of Peoples or readiness to accept proposals for its substantial improvement. For the past 5 years, TI BiH has been working with the authorities at all levels to improve the legislation in this area, and the law that was adopted yesterday contains key proposals that would enable the prevention of corruption.

This primarily refers to the establishment of an independent commission that will decide on conflicts of interest instead of the previous one, which was mostly made up of parliamentarians from both houses of the BiH PA. The law expanded the definition of “close relatives” and “related persons” and finally prescribed the control of property records, which should include information on the property of family members of public office holders. Also, this law would prohibit officials from performing more than one public function, as well as from being owners of private companies that do business with the state.

Enormous progress has also been made in the article banning officials from using public functions or public resources for party and election promotion. We remind you that during the monitoring of the election campaign, TI BiH recorded over 2,500 examples of misuse of public resources and functions for the promotion of political parties and candidates.

In order to significantly improve the situation in this area, it is necessary for the authorities at all levels to adopt laws in line with international standards, because so far only the Brcko District government has done so. In the Federation of BiH, the law has not been applied since 2013. In the Republika Srpska, due to numerous vaguenesss in the law, a large number of officials perform several functions without hindrance.

Improving conflicts of interest law is one of the 14 key priorities the EU has set for BiH, but has been blocked for years as many decision-makers find themselves in conflict of interest or unwilling to deny themselves the potential for undue influence. .

Press rls_10.03.2022

TI BiH: Due to party employment, an increasing number of reports of corruption in education and public administration

Press releases ● 07 March 2022

Banja Luka, 7. March 2022 – Citizens most often pointed out irregularities in employment procedures and inaction of inspection bodies, while TI BiH filed the most complaints due to corruption in the field of public procurement and the occurrence of conflicts of interest.

There was a significant increase in the number of applications in the field of education, especially parents who suspected the party’s employment of teachers. We single out the example of the competition for the admission of 13 educators in the Public Institution Center for Preschool Education Banja Luka, where after the change of the city government and director for the first time since 2015. year, a competition was announced in 2015. year and over a hundred candidates applied. However, the 13 most successful ones were not employed because in the meantime, the former director was returned to her position and she immediately annulled the completed competition. TI BiH reacted and reported the case to the Education Inspectorate, which annulled its decision. Due to the increasing occurrence of party employment in educational institutions, TI BiH, with the support of the Human Rights Ombudsman, led the campaign “Politicians get out of class” and the RS Government submitted an initiative to change regulations that would exclude politics from the election.

In addition to education, the number of reports of corruption in health care has increased, and last year there was a reaction from the competent institutions in two major cases initiated by TI BiH. Due to illegal procurements of medical equipment by the RS Institute of Public Health, the director of this institution was investigated and arrested, as well as other actors against whom TIBiH filed criminal charges. Also, after the TIBiH report, the inspection determined that the company that does not have a permit supplies the Trebinje Hospital with oxygen that was used for medical purposes, which endangered the health of the population. The “oxygen affair” and public pressure led to a ban on further circulation of oxygen from suppliers who did not have the necessary certificates and permits.

As in previous years, the largest number of applications was related to the public administration sector, mainly to irregularities in the employment processes of civil servants, and 12% of applicants were classified as “whistleblowers”, which is an increase of 4.5% compared to 2020. year. This is particularly important because the FBiH has not yet adopted a law on the protection of “whistleblowers”, and where it exists, corruption perpetrators continue to be prosecuted. We also emphasize the case of Emir Mesic, who is facing retaliation because he reported corruption to the ITA BIH and the authorities refuse to provide him with protection. TI BiH was granted the status of intervener before the Court of BiH in a lawsuit in which Mr. Mešić sued his employer for discrimination.

This year, 19 reports of potential conflicts of interest were received, after which 14 reports were sent for further verification to the competent authorities. We emphasize that the Central Election Commission of BiH, after the reaction of the TI BiH, revoked the mandate of the councilor from Velika Kladuša, Aladdin Ćerimović, who was also an advisor to the Prime Minister of the KJA and had a conflict of interest on four grounds.

Due to the refusal of public authorities to provide information of public importance, last year TI BiH initiated 17 administrative disputes.

A significant number of citizens’ reports were recorded due to the actions of the police, and after a long dispute, the Supreme Court of Republika Srpska made a final decision and rejected the lawsuit of TI BIH against the decision of the RS Ministry of Interior, which refuses to submit reports David. Due to this, an appeal was initiated before the Constitutional Court of BiH.

Transparency since 2003. provides legal assistance to citizens who are fighting corruption, and to date, over 20,000 citizens have approached TI BIH, mainly through the recognizable number 0800 55-555.

Press rls_07.03.2022_

Report:

https://ti-bih.org/godisnji-izvjestaj-centra-za-pruzanje-pravne-pomoci-ti-bih-za-2021-godinu/

Adoption of the RS VSTS Law leads to complete legal uncertainty and the capture of the judiciary

Press releases ● 08 February 2022

Banja Luka, 8. February 2022 – Transparency International in Bosnia and Herzegovina (TI BiH) warns that the adoption of the Law on the High Judicial and Prosecutorial Council of the Republika Srpska, which should take the form of a draft before the deputies on 20. regular session of the National Assembly of the Republika Srpska, set a dangerous precedent that would lead to legal uncertainty. The adoption of the new law, which was put on the agenda of today’s NARS session at the last minute, is just another in a series of attempts to overthrow the legal order and establish additional capture of judicial institutions. In recent months, the authorities in Republika Srpska have obviously been trying to establish control over all institutions and processes by creating parallel institutions without grounds, and now, through the appointment of suitable judges and prosecutors, they are trying to further undermine the rule of law.

We remind you that Bosnia and Herzegovina already has a High Judicial and Prosecutorial Council (HJPC), which was established as an independent and autonomous body, and has the task of providing an independent, impartial and professional judiciary. The HJPC members are judges and prosecutors from all over BiH, and this body has the authority to appoint judges and prosecutors at the state, entity, cantonal, district, basic and municipal levels, including the Brcko District of BiH, with the exception of the entity constitutional courts. The Constitution of Bosnia and Herzegovina stipulates that BiH is a state governed by the rule of law, and the rule of law is obliged to guarantee legal security to its citizens. Legal certainty, on the other hand, means that every individual can rely on the meaning and predictability of positive legal regulations, as well as the rights and obligations arising from those regulations. Creating parallel institutions and disrupting the unity of the organization and governance of the judiciary would undermine legal certainty and impede the enjoyment of basic human rights and freedoms such as the right to liberty and security of person, the right to property, the right to a fair hearing and criminal matters, etc.

The legislative procedure before the Parliamentary Assembly of BiH includes amendments to the Law on the HJPC, in order to harmonize it with the recommendations of the Venice Commission and the priority conditions of the European Union, which require stronger guarantees of judicial independence. The HJPC, as an independent and autonomous body governing the judiciary, needs to be strengthened by additional guarantees of independence, while initiatives to create new bodies at the entity level thwart such efforts. TI BiH has long pointed to the problems of political influence on the judiciary in BiH and the need for comprehensive reform, strengthening independence and accountability, but instead The authorities in the Republika Srpska are trying to create chaos and uncertainty by completely collapsing the legal order, which would have catastrophic consequences for all processes in the country, basic rights of citizens and the functioning of all institutions. Instead of dealing with the Law on the HJPC, which is in the legislative procedure before the BiH Parliamentary Assembly, decision-makers are dealing with the adoption of a law that is a threat to legal security and will further alienate BiH in the European integration process.

TI BiH warns that the Draft Law on the HJPC of the Republika Srpska has not been published on the official website of the National Assembly of the RS, that the content of the draft is unknown to the general public, that the public learned about the draft through unofficial sources, a few days before the session. the impact of passing such a law.

The creation of parallel institutions for the supervision of the judiciary, all under the guise of national interest, is actually aimed at creating a private state and destabilization with the aim of strengthening the position of the ruling parties. TI BiH therefore calls on NARS MPs to take responsibility towards the citizens of Republika Srpska and Bosnia and Herzegovina and urges them to consider the consequences of establishing such institutions and the losses they will produce due to legal uncertainty and paralysis of institutions. give their contribution to reforms in the judiciary with proposals that respect basic legal principles.

Press rls-08.02.21_

The law on determining the origin of property must not be the basis for political abuses and revenge

Press releases ● 07 February 2022

The circle of persons who would be a priority in the control of assets or risk factors should be clearly defined in the law itself, and this should not be left to the discretion of the newly established sector in the Tax Administration, or regulation through bylaws. (more…)

BiH is among the three worst countries in Europe according to the Corruption Perceptions Index for 2021.

Press releases ● 25 January 2022

Sarajevo, January 25, 2022 – According to this year’s Corruption Perception Index (CPI), Bosnia and Herzegovina took the third worst place in Europe with a score of 35, on a scale from 0 to 100, which positions it at 110. place of 180 countries, and only Ukraine and Russia have a worse result. The assessment is the same as last year and is the worst in the last decade, because BiH, unlike neighboring countries, has not made any progress in the fight against corruption, primarily due to political obstruction of key reforms. (more…)

BiH authorities block anti-corruption reforms, more and more attempts to make matters worse

Press releases ● 09 December 2021

Sarajevo, December 9, 2021 – “Authorities at all levels in Bosnia and Herzegovina are blocking legislative reforms in seven areas that are key to fighting corruption, and there are increasing attempts to make the situation worse.” This is the main message of the conference organized by Transparency International in Bosnia and Herzegovina (TI BiH) on the occasion of 9. December of the International Anti-Corruption Day. TI BiH presented a report and a new online tool acmonitor.ti-bih.org that provides an overview of progress in implementing reforms and the effectiveness of the implementation of key anti-corruption laws.

The TI BiH report shows a complete lack of progress in the areas of corruption processing, judicial integrity, public procurement, financing of political parties, conflicts of interest, freedom of access to information and protection of whistleblowers. The implementation of key laws in these areas was also assessed as inefficient and deficient, and in some cases non-existent. Number of corruption charges in 2020 years has been halved, and only the judiciary is rocked by numerous scandals.

TI BiH has identified over 300 officials who are in a situation of direct conflict of interest, but instead of tightening sanctions, we are witnessing attempts to further reverse the laws in this area, as the current situation has been legalized. This was especially pointed out by the US Ambassador to BiH Eric Nelson, who criticized the intentions of the BiH Ministry of Justice to set back the law at the state level.

– Passing laws that do not bring anything positive is worse than not passing them at all. Politicians and officials continue to block the adoption and implementation of key anti-corruption laws. They are creating political crises to divert voters’ attention from the corruption they are involved in and so that they can continue to steal, said Nelson.

What is worrying is the increasing persecution of people who decide to report corruption, and the TI BiH report shows disastrous results in the implementation of laws that should protect whistleblowers. More than half of public bodies refuse to provide information within the legal deadlines, and there are more and more examples of ignoring court rulings. In the area of public procurement, we are witnessing millions of scandals involving politicians of the highest rank, but due to the inconsistency of other laws, very few of them have been prosecuted.

-Corruption hinders all aspects of society, the fight against corruption is a key part of our policy. The most developed democracies have a very low rate of corruption, said at the conference the Ambassador of Sweden to BiH Johanna Strömquist.

The TI BiH report shows that deficient laws allow for numerous election abuses, withdrawals from the budget and misuse of public resources for party purposes, and blockades of electoral reform reforms by key decision-makers are aimed solely at maintaining control over the election process.

– The key priorities for this country are holding elections in October 2022. years with as little corruption as possible and enabling citizens to freely express their will. Everything else would be a continuation of hopelessness, said Srdjan Blagovcanin, Chairman of the Board of TI BiH.

Proposals to improve the legal framework in all areas could be heard at the conference, but the key message is that all measures must be taken to prevent the blocked blockades of the election process and all other reforms necessary to fight corruption.

Press rls_09.12.2021

TI BiH: Reform of the election process must be transparent

Press releases ● 01 December 2021

Banja Luka, 1. December 2021. – Transparency International BiH (TI BiH) welcomes the intensification of efforts of the international community, primarily the United States and the European Union on the much-needed reform of electoral legislation, but the whole process must be transparent and the public aware of the solutions offered.

Bearing in mind the importance of reforming the entire election legislation, TI BiH emphasizes the need to make available all relevant information on the negotiation process, as well as to involve all relevant actors in the process.

Lack of information on concrete solutions, and lack of relevant institutional discussion on their direction and content, opens additional space for speculation, which can damage the credibility of the process, further complicate it or even lead to additional tensions.

Since the beginning of the entire process, TI BiH has made concrete proposals regarding the improvement of the integrity of elections, primarily through ensuring the independence of the election administration, preventing abuse and pressure on voters, and in accordance with relevant international recommendations.

However, it is evident that there is no support or interest among BiH authorities for reforms and respect for international standards in terms of establishing integrity, and that the demands of representatives of the ruling political parties are aimed exclusively at maintaining or increasing their control over the electoral process. national interests, producing in continuity of crisis.

With this in mind, as well as the fact that there are only a few months left until the 2022 General Elections are called. Due to prolonged blockades and blackmail of political leaders, the space for the adoption of solutions that could represent substantial progress or to ensure an adequate procedure for their adoption has been narrowed.

Therefore, it is necessary to take all measures to prevent blocked blockades of the election process, but also to ensure significantly stronger supervision through a robust election observation mission at all polling stations, as well as by strengthening monitoring of the election process and preventing pressure on voters.

This is especially important if we take into account the irregularities observed during the 2020 Local Elections. as well as the increasingly aggressive political atmosphere and daily threats from the highest officials in BiH.

Press rls_01.12.21_

Press conference in front of the ITA BIH building on the occasion of the new disciplinary prosecution of whistleblower Emir Mesic

Press releases ● 02 November 2021

Banja Luka, 02. November 2021. – On Wednesday, November 3, 2021, starting at 11:30 am, a new disciplinary hearing will be held in the proceedings against the protected whistleblower Emir Mesic, an employee of the Indirect Taxation Authority of BiH who has been subject to disciplinary action since he reported corruption in this institution.

On that occasion, the applicant, together with his lawyer and representatives of Transparency International BiH, will give statements to the media at 11:00 am in front of the main entrance to the ITA headquarters in Banja Luka (address: Bana Lazarevića bb) .

Whistleblower Emir Mesic has been suffering repressive measures at work since he pointed out numerous embezzlements with the payment of parking at customs terminals at the end of 2018. . Although Mesic has been granted the status of a protected whistleblower, the Agency for the Prevention of Corruption and Coordination of the Fight against Corruption (APIK) has so far not taken any action to protect the whistleblower from retaliation, despite warnings from the Human Rights Ombudsman. The ITA BIH has so far initiated three disciplinary proceedings against the whistleblower Mešić, in which several irregularities have been noticed so far.

Najava za medije_02.11.2021_

TI BiH: Instead of solving the problem of oxygen supply, the RS Government is trying to legalize irregularities and protect those responsible

Press releases ● 20 October 2021

Instead of using existing procurement mechanisms in urgent and emergency circumstances to solve the problem of oxygen distribution, the Government is embarking on an adventure by passing a new law tailored to the narrow interests of the governing structure and creating parallel institutions

Banja Luka, 20. October 2021. – Transparency International in Bosnia and Herzegovina (TI BiH) warns that the Government of Republika Srpska has not given justified reasons for the urgent adoption of the Law on Medicines and Medical Devices in RS, and recalls that there is already a law governing this area at BiH level. Agency for Medicines and Medical Devices of BiH as an authorized body (regulator).

Due to the circumstances in which such a law is adopted and the establishment of a parallel Agency for Medicines and Medical Devices at the entity level, there are doubts not only about the validity of the adoption of this law at the RS level, but also that instead of establishing responsibility adapts to the narrow particular interests of the governing structure.

Earlier, TI BiH warned and reported to the authorities that unauthorized distributors supply public health institutions with oxygen, and the inspectors determined that this endangers the health of the population. Therefore, it is unacceptable that instead of eliminating these irregularities and sanctioning those responsible, it is trying to legalize this practice, under the pretext that according to the existing regulations, it is not possible to ensure uninterrupted supply of health institutions.

TI BiH reminds that the current regulations allow public health institutions to directly procure medicines in situations when it is required by reasons of urgency and protection of the health of the population, with the approval of the competent entity ministry. However, instead of using the existing procurement mechanisms in urgent and emergency circumstances to solve the problem of oxygen distribution, the Government is embarking on an adventure with the adoption of a new law in the urgent legislative procedure, for which the conditions are also not met.

In the explanation of the Bill, the Government only states that it is passed in an urgent procedure to provide health care to the population, and that failure to pass the law could cause harmful consequences for human life and health, especially due to lack or inability to procure essential medicines for patients. The NARS Rules of Procedure stipulate that passing a law in an urgent procedure is possible only if the law regulates issues and relations arising from circumstances that could not have been foreseen, and failure to pass a law in an urgent procedure could cause harmful consequences for human life and health. As the epidemic has been going on for more than a year, as well as the problems related to the delivery of rolled oxygen, they can no longer be considered circumstances that could not have been foreseen.

Also, if a new regulator of trade in medicines and medical devices were to be established, it would require additional time for the new agency to start working and for all necessary bylaws to be passed within 90 days of the law’s entry into force. The new law would take effect only six months after its publication, leaving 60 days from the day the law enters into force to elect the new Agency’s management. The time needed to establish a new regulatory framework in the field of trade in medicines and medical devices does not justify the urgency in protecting the health of the population, which the Government cites as the main reason for passing the new law.

Press rls – 20.10.2021

TI BiH marks International Freedom of Access to Information Day: Insufficient progress

Press releases ● 28 September 2021

Public authorities more often submit information of public importance within the deadline provided by law, but it is still common that the requested information can be obtained only by conducting court proceedings.

Sarajevo, 28. September 2021. – At the round table, on the occasion of the International Day of Freedom of Access to Information, TI BiH presented the results of research that monitored the implementation of the Law on Freedom of Access to Information at all levels of government in Bosnia and Herzegovina.

The research conducted by TI BiH in the first nine months of the current year showed that out of 442 public companies, 233 of them, or only 52%, submitted the requested information on the composition and fees of management bodies, and on business results. When asked about the amounts allocated to citizens’ associations and foundations, 73 ministries and local communities responded on time, which is 59% of the 122 requests submitted. Inquiries about ongoing and completed criminal proceedings in corruption cases, the courts provided information from 15 of the 34 cases within the legally prescribed deadline. Administrative disputes initiated by TI BiH due to violations of the Law on Freedom of Access to Information generally end within 1-2 years from the date of filing the lawsuit, with a case of waiting for four .

When processing requests for access to information, public authorities usually refuse to conduct a public interest test in cases where the requested information may be subject to some possible exceptions to access to information (protection of privacy, confidential commercial interests or defense and security interests, etc.). Very often, public authorities unjustifiably call for the protection of personal data, and use this as an excuse not to provide the requested information.

In order to point out the prevalence and examples of misapplication of the Law and to influence the authorities in BiH, TI BiH published 122 judgments on its website in which BiH courts ruled in favor of TI BiH against bodies that refused to provide data of public importance.

The round table also discussed the need to pass a new Law on Freedom of Access to Information, which will primarily oblige public authorities to proactively publish information about their work, prescribing it as a legal obligation whose non-compliance entails fines. Civil society organizations reiterated that the latest Draft Law, which was in consultation process, did not meet international standards and was not in line with best practice.

Press rls_28.09.21_

REPORT ON THE IMPLEMENTATION OF THE LAW ON FREEDOM OF ACCESS TO INFORMATION IN 2021 YEARS

TI BiH: New scandals in the judiciary deepen public distrust

Press releases ● 21 September 2021

It is not good practice for the HJPC not to allow the decision of the Second Instance Disciplinary Commission in the procedure against Gordana Tadić to be published until the parties in the procedure receive a written copy of the decision. Also, the recording of the conversation according to which Chief Prosecutor Tadic is meeting with the director of OBA, while he is being investigated, deepens public distrust in the Prosecutor’s Office of BiH and OBA.

Banja Luka, 21. September 2021. – Transparency International in Bosnia and Herzegovina (TI BiH) considers that it is not good practice for the High Judicial and Prosecutorial Council (HJPC) not to allow the decision of the Second Instance Disciplinary Commission in the proceedings against Gordana Tadić to be made public until the parties receive a written copy . The First Instance Disciplinary Commission imposed a disciplinary measure on the Chief Prosecutor of the Prosecutor’s Office of BiH to move from the position of Chief Prosecutor to the position of Prosecutor, and there is public interest in knowing whether the decision was confirmed by the Second Instance Disciplinary Commission.

TI BiH warns that disciplinary proceedings against judges and prosecutors are characterized by non-transparency in the form of anonymization of decisions issuing public reprimands, and that the public has an interest in being informed about all stages in proceedings against top judicial officials. Especially when disciplinary measures such as transfer or dismissal are imposed. The latest case, in which the HJPC explicitly prohibits the decision from being published until a written copy is delivered to the parties, only confirms the need to change the rules on disciplinary liability of judges and prosecutors to ensure transparency and transparency.

TI BiH also reminds that all this is happening while the video is circulating in the public, which shows that the Chief Prosecutor of the Prosecutor’s Office of BiH, Gordana Tadić, met with the Director of the Intelligence and Security Agency (OBA), Osman Mehmedagić, at a time when this Prosecutor’s Office investigations into his degree, which only deepens public distrust of law enforcement agencies. No one should use the function he / she performs to influence the prosecuting authorities, nor is it advisable for the Chief Prosecutor to meet with senior officials while they are being investigated.

Press rls_21.09.21_

Due to the contract with Procontrol and Travel4Fun, TI BiH filed criminal charges against the director of the RS Institute of Public Health last year.

Press releases ● 16 September 2021

Transparency International in BiH (TI BIH) reported illegal procurements of medical equipment for which the director of the RS Institute of Public Health and the owners of Procontrol2 and Travel4Fun were arrested to the prosecutor’s office last .

Banja Luka, 16. September 2021. – Illegal procurement of medical equipment due to which the director of the RS Institute of Public Health and the owners of the company “Procontrol2 and „Travel4Fun “ , Transparency International in BiH (TI BIH) reported to the prosecutor’s office last . In the criminal report , TI BIH documented the abuses that led to the illegal conclusion of million-dollar contracts with these companies.

He forwarded tender documents and other evidence to the competent prosecutor’s office of TI BIH, which he received in three separate negotiation procedures worth over 4.3 million marks, where contracts were awarded to these companies, although neither had a license to trade in medical equipment.

Such a condition was explicitly requested in the tender documentation, and regardless of that, the Institute invited these bidders to negotiations. Apart from the fact that they did not have a license from the BiH Medicines Agency, at that time they were not registered to perform this activity because Procontrol deals with electrical engineering, consulting and architectural and construction activities and “Travel for fun” is a travel agency.

The first is in early April 2020. The Institute awarded two contracts to Procontrol for the supply of protective masks and protective suits (one worth 345,000 and the other 1.65 million KM without VAT) and in both cases this company did not meet the requirements set in the tender documents. TI BIH is about that informed the public 30. April and the contract of 1.65 million was terminated in the meantime, with the explanation that “Procontrol did not meet the delivery deadline”.

In almost the same case, a contract worth 2.38 million KM was signed for the purchase of medical protective equipment with the travel agency “Travel4Fun”. TI BIH also received an official confirmation from the Medicines Agency that “Travel4fun” does not have a license to trade in medical devices, but this company was still awarded a contract. The Institute later announced that Travel4Fun was part of a group of bidders with the company “Promeding doo” from Laktasi, which has a license from the Agency, but it is not mentioned in the notice of the Institute published on the public procurement portal from which the public learned about this case.

TI BIH has especially problematized this in the criminal report because there is a justified suspicion that this company was added later in order to try to justify the illegal award of contracts.

Namely, the decision published on the Institute’s website states that the invitation to participate in this procedure was sent only to the unqualified bidder “Travel4Fun”, and that the company “Promeding” also appeared at the meeting on the terms of the bid. Article 28 The Law on Public Procurement explicitly prohibits such actions, because only qualified bidders who have previously been determined to meet the conditions are invited to negotiate. Therefore, their appearance with a company that at that time may have met the conditions does not change the circumstances that indicate serious criminal offenses of illegal provision of benefits to economic entities and negligent work in the service.

TI BIH hopes that this will not be the only case dealt with by judicial institutions, because since the beginning of the pandemic we point out numerous abuses during urgent public procurement procedures, and that this will not be one in a series of cases that remain without a court epilogue. That is why yesterday’s statements of certain officials who are directly putting pressure on the Republic Prosecutor’s Office and trying to justify the actions of the suspects are especially worrying.

PressRls – 16.9.2021

THE LAW ON DETERMINING THE ORIGIN OF PROPERTY AND THE SPECIAL TAX ON PROPERTY MUST NOT BE IN THE SERVICE OF POLITICAL REVANCHISM

Press releases ● 14 September 2021

The decisions from the Draft Law do not specify which persons would be subject to controls on the origin of property and according to which criteria, which leaves the fear of political abuse by selective application of the law. (more…)

TI BiH: The process of preparing key laws from the EU Opinion – a hypocritical farce

Press releases ● 16 July 2021

Banja Luka, 16. July 2021 – Key laws for strengthening the rule of law, listed as priority conditions in the Opinion of the European Union for BiH’s candidate status for EU membership – Election Law, Law on Public Procurement, Law on Conflict of Interest, Law on High Judicial and Prosecutorial Council, and Law on protection of whistleblowers in FBiH, they have been in the process for a long time. The absence of real intention of the authorities to substantially improve the legal framework in these areas is confirmed by the fact that the procedure for the adoption of any of these laws has not been completed more than two years after the publication of the EC Opinion.

Instead of harmonizing the legal framework in these areas with international standards and the opinions of relevant bodies (Venice Commission, ODIHR), the authorities’ attention is focused on efforts to circumvent the essence of international standards and good practices, satisfying mere form and fighting for narrow party interests. At the same time, manipulation of procedures, obstructions, mutual accusations and blackmail of key political actors, in addition to causing unnecessary delays, undermine credibility and trust in the process itself. The work of the Parliamentary Assembly is practically blocked, and the Council of Ministers and the BiH Ministry of Justice are in the function of obstructing the process.

The painful atmosphere in which the Interdepartmental Working Group in charge of changing the election legislation works is additionally burdened by the fact that the CEC BiH is not involved in its work, as a key institution for conducting elections, which undoubtedly represents a serious but intentional omission. Messages sent openly by party leaders, but also by representatives of the international community, indicate that the work of this body only satisfies the form, while key changes to the Election Law will be negotiated behind closed doors by leaders of the three largest parties in BiH. . An additional problem lies in the fact that the inter-ministerial working group does not deal with the Law on Financing of Political Parties, which is also a condition from the EC opinion.

The Law on Conflict of Interest in BiH Institutions, in the drafting of which TI BiH also participated and which was positively assessed by all relevant international organizations, was sent in 2017. in the parliamentary procedure by a group of MPs in the House of Representatives, where at the end of 2020. finally adopted, but never adopted by the House of Peoples, due to inconsistencies in the amendments tabled in the parliamentary procedure. In the meantime, the Ministry of Justice drafted its own draft, which was assessed as inadequate in the recent opinion of the Venice Commission, and a whole set of recommendations for its improvement were given, which is yet to follow.

The Law on Amendments to the Law on Public Procurement, drafted by the Working Group for Amendments to this Law in 2018, is only in February 2021. adopted by the Council of Ministers, in an amended version, which goes in the direction of derogating from the originally proposed provisions, and then in June 2021. at the House of Representatives, still awaiting final adoption by the House of Peoples.

Announced as urgent changes and a transitional solution until the adoption of the new law, and aimed at improving integrity mechanisms, the amendments to the Law on the HJPC will soon mark two years since the establishment of the Working Group for its amendments. In the meantime, the proposed changes have been revised based on the opinion of the Venice Commission, and are in June 2021. adopted by the Council of Ministers and sent to the parliamentary procedure, with a very uncertain fate, given that the ministers coming from the SNSD did not support this draft. In addition, the adopted draft is not fully in line with the recommendations of the Venice Commission, and still leaves room for arbitrary interpretations. The procedure of amending this law was extremely non-transparent, with the Ministry of Justice refusing to make the amended draft available to the public before its adoption at the CoM, while TI BiH waited another month after the draft was adopted for the Ministry of Justice to decide to submit the amendments.

The draft Law on the Protection of Corruption Reporters in the FBiH was adopted by the FBiH House of Representatives in June 2018. and has since been trapped in parliamentary procedure between the two houses of the Federation Parliament, without any government action to unlock this process.

The fact that the Parliamentary Assembly of BiH since the publication of the opinion of the EC 2019. adopted only two laws (not counting the nine laws on amendments and two laws on the budget), and none of them related to the priorities of the Opinion, confirms the need to change the current approach. In the current atmosphere of manipulation of reform processes, which are used to further collapse the legal and institutional framework, and mutual insults and accusations and even calls for physical confrontations, which is most visible from the work of the Interdepartmental Working Group for Amendments to Electoral Legislation, it is difficult to expect constructive progress.

TI BiH therefore urges civil society, the international community and opposition political parties to use all available means to put additional pressure on the ruling coalition to unblock the work of the BiH Parliamentary Assembly and ensure the credibility of the EU Opinion.

Press rls-16.07.2021

Semi-annual report of the TI BiH Legal Aid Center: Citizens are increasingly victims of corruption, most reports on the work of state administration

Press releases ● 15 July 2021

Banja Luka, 15. July 2021 – In the first six months of this year, the Center for Free Legal Aid in the Fight against Corruption Transparency International in BiH (TI BiH) acted in 135 cases on citizens’ complaints, while in the same period 769 citizens applied to TI BiH through a free corruption reporting line 0800 55555.

As in previous years, most cases concerned the public administration sector (66 reports) and the judiciary (18), while this year the health sector is an area with an increase in the number of applications compared to last year, which can be explained by the negative impact of the COVID-19 pandemic. and the pressure it has put on the health sector.

What is worrying is the number of reports of victims of corruption, which is almost 50% of all reports, while compared to last year there is an increase in the number of reports of whistleblowers or people who report corruption from their immediate work environment.

In this period, the Center for Free Legal Aid initiated 5 administrative disputes against public bodies due to denial of the right to access information of public importance, while in this period 5 judgments of competent courts were passed in favor of TI BiH, in disputes against: Republic Administration for Geodetic and property and legal affairs of the RS, the Ministry of Agriculture, Forestry and Water Management of the RS, the City of Banja Luka, Gas-Res doo Banja Luka and the Public Institution Elementary School “Aleksa Santic” Banja Luka. There are also two recommendations of the Institutions of the Human Rights Ombudsman of BiH, which were issued on the petitions of the Center, and which relate to human rights violations.

TI BiH has launched many initiatives to improve the legal framework in various areas, the most important of which are proposals to improve the legal protection of persons reporting corruption to the RS Ministry of Justice, as well as proposals for the Draft Law on Freedom of Access to Information to the BiH Ministry of Justice.

The RS Ministry of Education and Culture, the Republic Pedagogical Institute and MPs in the RS National Assembly received proposals for changes to the law in the field of school management in Republika Srpska, with the aim of eliminating corruption risks, thus starting the “Politicians Get Out of Class” campaign. The initiative has aroused great interest in the public, since it aims to depoliticize schools, reducing the importance of the Ministry, ie the Government, when appointing the director of school institutions.

TI BiH filed a complaint with the inspection bodies in Tuzla Canton against the director of the American University (AU), who was subsequently arrested for trying to collect additional costs from students. In a similar way, after the involvement of TI BiH in the case, a verdict was pronounced against the former dean of the Faculty of Mechanical Engineering in Zenica, who was found guilty of negligent work in the service for refusing to announce a competition for an assistant professor.

Ti BiH also participated in the case of detecting illegal activities in the Public Institution Institute for Emergency Medical Aid of Sarajevo Canton. Director Adem Zalihić and the Managing Board of the Institute increased the salaries of certain employees of the Institute by illegal decisions, and the TI BiH also informed the Cantonal Prosecutor’s Office of KS.

Corruption whistleblowers who address TI BiH most often point to rigged competitions in public institutions, non-transparent practices in the allocation of public funds, inefficient work of inspection bodies, as well as lengthy court proceedings. It is becoming more and more common for public competitions in institutions to be annulled only in order to hire a predetermined candidate.

TI BiH Center for Legal Aid in the Fight against Corruption provides advisory legal assistance to whistleblowers, and initial contact with citizens is made through the toll-free number 0800 55555. TI BiH especially invites whistleblowers, or persons who report corruption from their immediate work environment, to turn in case they need legal support.

Press rls-15.07.2021

Venice Commission confirms TI BiH warnings: Law on conflict of interest needs to be substantially improved

Press releases ● 08 July 2021

Banja Luka, 8. July 2021 – Transparency International in BiH (TI BiH) calls on the Ministry of Justice of BiH to substantially improve the Law on Conflict of Interest because the Venice Commission confirmed all the shortcomings that TI BiH pointed out in February this .

The ministry then rejected all key proposals that would lead to the improvement of the law in this area and did not give up its intention to reverse the existing law and establish even lower standards than those that exist now.

In the end, the Venice Commission pointed out all the shortcomings of the law that was sent to the procedure by the Ministry of Justice of BiH, which TI BiH also pointed out publicly and through the “eConsultation” platform.

In the published opinion, the commission proposes to expand the definition of “close relatives” and “related persons” as well as to include information on the property of family members in the property records of officials.

Also, the Venice Commission confirmed that the law is deficient in the part concerning the work of the Commission for Deciding on Conflict of Interest, where it proposes to ensure the independence of the commission from the political influence of the ruling majority and abandon the ethnic principle of decision-making. We remind you that the Ministry proposed that the Commission consists of 10 members, for whom conditions are not provided that would not come from political parties, and it is envisaged that decisions of importance in the first round of decision-making are made unanimously.

The opinion especially points out that the appointed officials must be prevented from performing double functions, as well as from being owners or directors of private companies that do business with institutions at lower levels of government, which TI BiH specifically pointed out.

-Zthe ban on parallel employment or business activities for appointed officials should be almost absolute and include a ban on state-level officials from running companies in business with the entity or cantonal administration, as well as a ban on running companies that benefit from public money, stated in the opinion of the Venice Commission.

All this was proposed by TI BiH in February this year, and this whole situation could have been avoided if a solution had been adopted, which has been in the parliamentary procedure for years and for which most international organizations gave a positive opinion, and which was supported by the House of Representatives last year. PS BiH.

However, TI BiH points out that there is a great risk that the legislators will use the opinion of the Venice Commission in the part in which it requests separate treatment of elected and appointed officials to weaken the mechanisms for preventing conflicts of interest, primarily related to members of the BiH Parliamentary Assembly. in terms of incompatibility and sanctions. BiH has long been described as a captive state, where decisions at the highest level are made on the basis of individual interests, and elected officials directly influence the most important decisions in the country and appoint key people to BiH institutions. sanctions have had devastating effects on already almost non-existent mechanisms for preventing conflicts of interest.

Press rls-08.07.2021