Press releases

TI BiH sent an initiative to the RS Ministry of Education and Culture: Exclude policy from school management

Transparency International in Bosnia and Herzegovina (TI BiH) has sent an initiative to the RS Ministry of Education and Culture to change the law in the field of education in order to reduce the Government's political influence on school management and employment.

Banja Luka, 29. June 2021 – Transparency International in Bosnia and Herzegovina (TI BIH) sent an initiative to the Ministry of Education and Culture of Republika Srpska to...

Izvještaji za Mediae

TI BiH sent an initiative to the RS Ministry of Education and Culture: Exclude policy from school management

Banja Luka, 29. June 2021 – Transparency International in Bosnia and Herzegovina (TI BIH) sent an initiative to the Ministry of Education and Culture of Republika Srpska to amend the existing laws on primary and secondary education in order to reduce political influence on the election process and the work of school governing bodies.

TI BiH Center for Legal Aid in the Fight against Corruption receives an increasing number of complaints from teachers, parents and students who are dissatisfied with frequent changes in teaching staff, lack of competition in employment, nepotism and increasingly obvious examples of party employment in schools in Republika Srpska.

Due to these phenomena that negatively affect the quality of education and which recently led to protests from parents and even boycotts of teaching, TI BiH sent an initiative to the authorities with the aim of considering a different model of management in school institutions.

The initiative proposed a package of measures aimed at reducing the impact of policies in school management and establishing the principles of merits, quality and democratic control. Some of the measures include:

  • Provide that the School Board as a heterogeneous and participatory governing body has a key role to play in the selection and appointment of primary and secondary school principals. Prior or subsequent approval may be required from the Minister, but the School Board must play a key role.
  • Introduce as an obligation that candidates for the position of director must submit with the application for the competition a proposal of the work program for the term of office for which they are applying. Require candidates to submit a work program proposal to the School Board.
  • Provide that the School Board must request an expert opinion on the quality of the work program of the candidate for the position of director from the Republic Pedagogical Institute.
  • Exclude the Government from the decision-making process or the procedure for electing and appointing school principals.
  • Limit the director’s term to a maximum of two consecutive terms, or anticipate that a maximum of two five-year terms are possible at all.
  • The term of office should be five years as a form of guarantee of political neutrality.

The initiative was also sent to members of the Education Committee of the RS National Assembly, all parliamentary clubs and the RS Republic Pedagogical Institute, thus launching an advocacy campaign called “Politicians, get out of class!” With the aim of eliminating corruption risks in educational institutions.

Due to growing dissatisfaction with the quality of education, TI BiH expects the authorities to consider the proposed solutions and initiate procedures to amend the law in order to achieve a better model of school management in the Republika Srpska through a public debate that should include the academic community.

Press rls-29.06.2021

International Whistleblower Day: Urgently adopt FBiH law and strengthen legal protection of whistleblowers

TI BiH notes that only every tenth whistleblower in Bosnia and Herzegovina can use legal protection mechanisms because the current laws do not recognize them because they do not...

Izvještaji za Mediae

International Whistleblower Day: Urgently adopt FBiH law and strengthen legal protection of whistleblowers

TI BiH notes that only every tenth whistleblower in Bosnia and Herzegovina can use legal protection mechanisms because the current laws do not recognize them because they do not provide sufficiently broad and strong protection!

Banja Luka, 23. June 2021 – Today, Transparency International in Bosnia and Herzegovina (TI BiH) marks the International Day of Whistleblowers or Persons Reporting Corruption from Their Work Environment. The fight against corruption is inconceivable without brave individuals who, by sharing knowledge about the work they do, reveal corruption scandals or prevent major abuses of power in a timely manner. Whistleblowers are often faced with retaliatory measures such as professional degradation, disciplinary prosecution, mobbing, expulsion from the professional environment, etc. due to the reports they submit.

The Global Transparency Movement (TI) on this day reminds all governments around the world of the need to provide special legal protection for whistleblowers to protect these individuals and their families from the retaliation they suffer as they choose to report corruption. TI BiH reminds that the Law on Protection of Persons Reporting Corruption has not yet been adopted in the Federation of Bosnia and Herzegovina, and calls on members of the FBiH Parliament and political leaders to adopt this law as soon as possible. Currently, persons employed in the private or public sector in the FBiH who report corruption do not enjoy adequate legal protection in the event that harmful actions are taken against them simply because they have pointed out irregularities in their work.

According to TI global data, in the first six months of this year alone, nearly 2,000 people in 60 countries requested legal support from TI Centers for Legal Aid in the Fight against Corruption due to reports of corruption related to COVID-19. As expected, the pandemic increased the number of reports to the health sector, and people usually complained about difficult access to health services and medical equipment, which was partially disrupted by the creation of corrupt networks that used the health crisis to illegally increase profits.

TI BiH notes that only every tenth whistleblower in Bosnia and Herzegovina can use legal protection mechanisms because the current laws do not recognize them because they do not provide sufficiently broad and strong protection. It is necessary to improve the legal regulations at the level of Republika Srpska and Bosnia and Herzegovina by expanding the definition of corruption, to protect all persons who report irregularities related to corruption or threats to public health or environmental protection, as well as to eliminate the procedure. make harmful actions more efficient. Whistleblowers must be provided with timely protection, immediately after filing a corruption complaint.

 

Press rls-23.06.21

Public debate on the occasion of the International Whistleblower Day

Banja Luka, 21. June 2021 – On the occasion of 23. June, International Whistleblower Day , Transparency International in Bosnia and Herzegovina (TI BiH) and UG “Why...

Izvještaji za Mediae

Public debate on the occasion of the International Whistleblower Day

Banja Luka, 21. June 2021 – On the occasion of 23. June, International Whistleblower Day , Transparency International in Bosnia and Herzegovina (TI BiH) and UG “Why not” organize a public debate on ” Why is it necessary to ensure legal protection of those who report corruption ?”. The debate will discuss the existing models of whistleblower protection in Bosnia and Herzegovina, with special reference to the Federation of BiH, where a special law regulating the protection of these persons has not yet been adopted.

The debate will be attended by members of the FBiH Parliament, on whom the adoption of the law depends, lawyers, representatives of civil society, journalists, as well as the whistleblower who is currently in the process of protection.

A public debate will be held in Tuesday, 22. June, in Banja Luka, at the Hotel Bosna, starting at 11 am. Press statements are scheduled for 10:50 p.m. All valid epidemiological measures will be complied with.

Press rls-21.06.21

In two years, BiH has met only one of the 14 EU priorities, the European path completely blocked

Sarajevo, May 28, 2021 – In two years, Bosnia and Herzegovina has fulfilled only one of the 14 priorities it must meet on the European path, all other processes are...

Izvještaji za Mediae

In two years, BiH has met only one of the 14 EU priorities, the European path completely blocked

Sarajevo, May 28, 2021 – In two years, Bosnia and Herzegovina has fulfilled only one of the 14 priorities it must meet on the European path, all other processes are completely blocked and the adoption of key laws that would contribute to the rule of law and the fight against corruption is obstructed. This is the main message from the conference “Two years later: Commission Opinion on BiH’s application for EU membership” organized by Transparency International in BiH (TI BIH) on the occasion of the second anniversary of the European Commission’s Opinion on BiH’s application for membership.

TI BIH presented a report at the conference which shows that in two years BIH managed to form a Parliamentary Stabilization and Association Committee, which adopted its rules of procedure, so that only formal preconditions were created for meeting this priority.

-Everything else from the opinion of the European Commission has not been realized in its entirety, and apart from issues concerning changes to the constitution and on which it is not possible to reach a political agreement, it is completely evident that the authorities are obstructing the resolution of issues. that there is no justification. What is worrying are systemic obstructions and efforts to avoid the purpose of passing these laws through numerous attempts to adopt solutions that would be worse than the existing ones, the rating is TI BIH.

Swedish Ambassador to BiH Johanna Strömquist assessed that BiH has made very little progress in the EU integration process, which is why it suffers.

-Young and talented people are leaving the region to settle in the EU because they are tired of corruption, weak rule of law, education and health care systems. If the countries of the Western Balkans made reforms in the EU integration process, they might stay, said Strömquist.

The EU Delegation to BiH says there has been no adoption of key reform laws that could contribute to the rule of law and the fight against corruption.

– BiH must make more efforts to accelerate the European path in several specific issues. It is necessary to adopt the Law on Conflict of Interest, amendments to the Law on the HJPC as well as the improvement of the Law on Public Procurement, Krassimir Nikolov, Head of the Section for European Integration, Political and Economic Affairs, EU Delegation to BiH, said at the conference.

Also, the conference concluded that no laws have been adopted that would allow elections to be conducted in line with European standards and recommendations of the OSCE / ODIHR and the Venice Commission. Under the pretext of unresolved constitutional issues, changes in the election legislation that would prevent election fraud, theft of votes, misuse of public resources and illegal financing of political parties are also avoided.

Only five priorities from the Opinion of the European Commission have been partially realized or started to be fulfilled, action plans for public administration reform have been adopted and BiH managed to hold elections in Mostar after 12 years. It was concluded at the conference that the process of BiH’s integration into the EU has been essentially completely stopped, and if the fulfillment of 14 priorities would take place with this dynamics, it could take several decades.

Press-rls_28.5.2021

 

The analysis of the process of BiH’s integration into the EU: 14 priorities from the Opinion of the European Commission 2 years later , which offers a cross-section of BiH’s progress in meeting the priorities, can be downloaded below:

thumbnail of Proces integracije BiH u EU – 14 prioriteta iz Mišljenja Evropske komisije 2 godine poslije

NGOs condemn Dodik’s attacks and the labeling of Tanja Topic

Yesterday, the member of the Presidency of BiH, Milorad Dodik, called the Banja Luka political analyst Tanja Topic an agent of the German BND and a quisling, with plenty of...

Izvještaji za Mediae

NGOs condemn Dodik’s attacks and the labeling of Tanja Topic

Yesterday, the member of the Presidency of BiH, Milorad Dodik, called the Banja Luka political analyst Tanja Topic an agent of the German BND and a quisling, with plenty of insults directed at her. In addition, he insulted her family, and at the same time endangered her safety by the threats he made. (more…)

Transparency International in BiH presented recommendations for improving the election legislation

At today’s conference, Transparency International in Bosnia and Herzegovina (TI BiH) presented the results of the monitoring of the election campaign for the Local Elections...

Izvještaji za Mediae

Transparency International in BiH presented recommendations for improving the election legislation

At today’s conference, Transparency International in Bosnia and Herzegovina (TI BiH) presented the results of the monitoring of the election campaign for the Local Elections 2020. as well as recommendations for improving the legal framework in the field of electoral legislation.

At the conference, which was organized on the occasion of the announced changes in the election legislation aimed at strengthening the integrity of the election process, it was said that the current legal framework allows for numerous manipulations, election fraud and misuse of public resources in the campaign. Therefore, it was emphasized that the work of the Interdepartmental Working Group for Amendments to the Election Legislation must be open to the public, and the announced changes must include solutions that will enable more transparent campaign financing and prevent numerous manipulations and distortions of voters.

Eric Nelson, the US ambassador to BiH, said that some political leaders in BiH are consistently obstructing election and other reforms for their own interests. He supported the work of TI BiH, saying that there is an urgent need to update the legal framework governing elections, as insufficient oversight too often results in fraud and manipulation.

Johann Sattler, Special Representative and Head of the EU Delegation to BiH, called on the members of the Interdepartmental Working Group to start work on the reform of election laws, which is one of the 14 priorities for EU membership.

“It is crucial that, in addition to civil society organizations, the Central Election Commission of BiH be included in the work of the Interdepartmental Working Group, and that their proposals for improving the election legislation be accepted,” Sattler pointed out.

Srdjan Blagovcanin, Chairman of the Board of Directors of TI BiH, underlined the worrying data observed during the long-term monitoring of election processes in BiH, which is that the cost of public procurement of all authorities in BiH increases by 40% in the election year.

“This must stop in order to open BiH’s European path.” We have a completely clear direction and recommendations of international organizations, “Blagovcanin pointed out. Therefore, TI BIH proposes limiting public spending and employment in the public sector during the pre-election period, giving clear competencies to the CEC to audit campaign expenditures and introducing stricter sanctions for violations of the law.

The President of the Central Election Commission of BiH, Zeljko Bakalar, pointed out that the CEC will use the legal right and propose solutions that will prevent election manipulations, regulate the work of polling stations and finance the election campaign. Therefore, he expressed regret that the CEC does not participate in the work of the Interdepartmental Working Group for Amendments to the Election Law, which for him is “a political decision of actors who do not show political will for radical change.”

The monitoring of last year’s elections conducted by TI BIH showed that the parties concealed real sources of income, that campaign expenses were expressed in significantly lower amounts than those determined by advertising monitoring and that public resources were used to promote individual parties and candidates. All this indicates the need to change the laws that regulate the election process and the area of financing political parties.

thumbnail of Press rls_21.5.2021 (1)

Civil society organizations Ministry of Justice of BiH: Withdraw the Pre-Draft Law on Freedom of Access to Information for processing

Civil society organizations call on the Ministry of Justice of Bosnia and Herzegovina (Ministry) to withdraw the Draft Law on Freedom of Access to Information for revision because...

Izvještaji za Mediae

Civil society organizations Ministry of Justice of BiH: Withdraw the Pre-Draft Law on Freedom of Access to Information for processing

Civil society organizations call on the Ministry of Justice of Bosnia and Herzegovina (Ministry) to withdraw the Draft Law on Freedom of Access to Information for revision because it is not in line with international standards and best practices. (more…)

In the years of the pandemic, the most reports of corruption are related to the state administration, judiciary and health

During the past year, the largest number of corruption reports received at the Transparency International Legal Aid Center in BiH (TI BiH) concerned the public administration,...

Izvještaji za Mediae

In the years of the pandemic, the most reports of corruption are related to the state administration, judiciary and health

During the past year, the largest number of corruption reports received at the Transparency International Legal Aid Center in BiH (TI BiH) concerned the public administration, justice and health sectors. (more…)

Transparency International in BiH starts cooperation with local governments in BiH with the aim of strengthening citizen participation in decision-making

At today’s conference, Transparency International in Bosnia and Herzegovina (TI BiH) presented the results of research on proactive transparency and direct participation of...

Izvještaji za Mediae

Transparency International in BiH starts cooperation with local governments in BiH with the aim of strengthening citizen participation in decision-making

At today’s conference, Transparency International in Bosnia and Herzegovina (TI BiH) presented the results of research on proactive transparency and direct participation of citizens in local government decision-making and announced the development of an online platform for consultation and communication between local authorities and citizens. (more…)

Conference on Public Procurement Held in BiH: Strengthening Oversight Key to Preventing Corruption

Sarajevo, 3. March 2021 – Transparency International in Bosnia and Herzegovina (TI BIH) organized a conference “Improvement of the Public Procurement System in Bosnia...

Izvještaji za Mediae

Conference on Public Procurement Held in BiH: Strengthening Oversight Key to Preventing Corruption

Sarajevo, 3. March 2021 – Transparency International in Bosnia and Herzegovina (TI BIH) organized a conference “Improvement of the Public Procurement System in Bosnia and Herzegovina ” on which the topic was the current proposal for amendments to the Law on Public Procurement adopted by the BiH Council of Ministers in February this year.

Transparency International in BiH welcomed the adopted changes as it started the process of improving this area, but suggested that sanctions for violating the law be tightened so that they would serve to deter actors from illegal activities. Also, TI BiH proposes to strengthen the capacity of the BiH Public Procurement Agency already now, as well as to enable mechanisms for monitoring and supervision over the entire process. In addition, there is room to improve transparency, especially those of public procurement procedures that take place under accelerated procedures. TI BiH’s proposals also went in the direction of strengthening mechanisms for the prevention of corruption and the prevention of conflicts of interest.

– Our proposal focused on increasing the transparency of the public procurement process and we insisted on strengthening the integrity of mechanisms for preventing conflicts of interest that are in line with EU directives, said Aleksandra Martinovic, chairwoman of the Transparency International Assembly in BiH.

It was pointed out at the conference that the amendments to the existing law are only the first step in the field of corruption prevention in this area in order to unblock the process of European integration, but that the adoption of a new law in the coming period is necessary.

The Ambassador of the United States of America to BiH, Eric Nelson, welcomed the efforts to improve the Law and expressed satisfaction with the inclusion of the non-governmental sector in the process. However, he stressed that BiH is the second most corrupt country in Europe, a major obstacle to the country’s progress.

More than three billion KM is spent on procurement in BiH each year, meaning hundreds of millions of marks are likely to be lost due to mismanagement, corruption and other illegal activities. That money, which comes from BiH taxpayers, could be better used to improve the lives of BiH citizens, rather than enriching corrupt officials and their friends.

Johan Sattler, Special Representative of the EU Delegation to BiH, also addressed the audience, emphasizing that a large amount of money is lost in BiH due to corruption in public procurement and stressed that the amendment to the Law on Launching BiH’s Right to EU Integration. It was emphasized that the improvement of this Law is one of the 14 key priorities identified by the European Union in its Opinion on Bosnia and Herzegovina’s application for membership.

Director of the Public Procurement Agency of BiH Tarik Rahić explained that the three key amendments to the law relate to the consolidation of public procurement plans, preliminary market checks and digitalization of the entire process according to EU standards.

The representative of the BiH Complaints Review Office, Siniša Tešanović, pointed out that the proposed changes did not offer a solution that would reduce the large number of unfounded complaints, which would improve the work of the KRC. Representatives of the BiH Parliamentary Assembly Dusanka Majkic and Predrag Kozul, as well as the Directorate for European Integration Amira Lazovic, agreed that the law could be improved by amending the parliamentary procedure.

 

 

The BiH Ministry of Justice is persistently trying to reverse the Law on Conflict of Interest

The BiH Ministry of Justice rejected two-thirds of the proposals submitted by Transparency International to BiH through e-consultations on the draft Law on Conflict of Interest....

Izvještaji za Mediae

The BiH Ministry of Justice is persistently trying to reverse the Law on Conflict of Interest

The BiH Ministry of Justice rejected two-thirds of the proposals submitted by Transparency International to BiH through e-consultations on the draft Law on Conflict of Interest. All key proposals that would lead to the improvement of this area, which is required of BiH by the European Union, were rejected, and the Ministry obviously does not give up its intention to reverse the existing law and establish even lower standards than we have now. (more…)

Civil society organizations have written to the BiH Ministry of Justice, asking for changes to the Law on Freedom of Access to Information

Public institutions in Bosnia and Herzegovina currently have no legal obligation to publish information of public interest, and the struggle of citizens, NGOs and the media to...

Izvještaji za Mediae

Civil society organizations have written to the BiH Ministry of Justice, asking for changes to the Law on Freedom of Access to Information

Public institutions in Bosnia and Herzegovina currently have no legal obligation to publish information of public interest, and the struggle of citizens, NGOs and the media to publish it often takes years. Therefore, civil society organizations in BiH sent an initiative to the competent institutions with a request to amend the Law on Freedom of Access to Information in BiH as soon as possible.

The main goal of the initiative is to introduce the principle of proactive transparency in the law, where clear standards would be established, including a catalog of information that all public institutions will have to publish on their websites. In addition, this principle envisages the consistent application of the law through strengthening the capacity of civil servants acting in accordance with the law, but also the establishment of effective supervision over compliance with the law and the introduction of sanctions for violating it.

In BiH, currently public institutions do not publish numerous information on spending budget money, public companies hide data on operations, and judicial institutions information on completed court proceedings. Most of this information should be made public, because long-term lawsuits for their delivery prevent the timely reaction of the public, which often causes damage to the interests of citizens.

Therefore, civil society organizations remind that one of the planned measures of the Strategic Framework for Public Administration Reform for the period 2018-2022 refers to increasing the availability of information where the principle of maximum transparency should be respected. Also, BiH is 2014. joined the Open Government Partnership Initiative (OGP Initiative), which is based on the idea that open government is more accessible and accountable to citizens. BiH is still 2012. ratified the Council of Europe Convention on Access to Official Documents , which encourages public authorities to publish official documents on their own initiative whenever possible, thus promoting transparent and efficient public administration.

That is why BiH civil society organizations invite authorized nominators at all levels of government, primarily the BiH Ministry of Justice, to prepare a proposal for a new Law on Freedom of Access to Information, respecting SIGMA’s principles for public administration relating to proactive transparency, as well as the Council Convention. Europe on access to official documents, and strategic commitments from public administration reform and the OGP Initiative.

The law should define the obligation to proactively publish operational information, information on organizational structure, budget and other information on the work of public authorities. A narrow range of exceptions to access to information should also be clearly defined, with a mandatory public interest test. Civil society organizations are also proposing the introduction of inspections and sanctions in case of non-compliance with legal provisions, as the current law does not have a disincentive effect on public institutions that hide information of public importance.

The initiative was signed by: Transparency International in BiH, Advisory Council of the Open Government Partnership Initiative, Association of BH Journalists, Center for Investigative Journalism, Center for Civic Advocacy, Sarajevo Open Center, UG Why Not, BH Foreign Policy Initiative, Center for the Promotion of Civil Society and the United Women Foundation Banja Luka.

Press rls_9_2_2021 – FOIA Amendment Initiative

 

BiH is among the countries where the state of corruption is deteriorating the most, life-threatening citizens

Corruption Perception Index for 2020 ranks BiH at 111. place of 180 countries, with a score of 35 (scale 0 -100), which is the worst score since 2012. BiH is again ranked among...

Izvještaji za Mediae

BiH is among the countries where the state of corruption is deteriorating the most, life-threatening citizens

Corruption Perception Index for 2020 ranks BiH at 111. place of 180 countries, with a score of 35 (scale 0 -100), which is the worst score since 2012. BiH is again ranked among the countries lagging behind the most in the fight against corruption.

Sarajevo, January 28, 2021 – Transparency International’s Corruption Perception Index (CPI) for 2020 ranks Bosnia and Herzegovina (BiH) among the countries in the world where the state of corruption is deteriorating the most. Noting the decline of BiH by 11 places, the BiH index ranks at 111. place of 180 countries, with a score of 35 (scale 0 -100), which is also the worst score since 2012, when BiH was ranked 72nd. place with a grade of 42.

BiH is worst positioned in the Western Balkans region and shares a place with Northern Macedonia. Slovenia has the best position in the region with a score of 60, followed by Croatia 47, Montenegro 45, Serbia 38 and Kosovo 36. The best-positioned countries globally on the Corruption Perceptions Index are proverbially Denmark, New Zealand, Finland and other Western countries with a high degree of democracy. Countries affected by war, lawlessness and dictatorship are holding the ground, and this year they are Syria, Somalia and South Sudan.

Contextualizing the findings of the index, the pandemic of the COVID 19 virus undoubtedly marked the past year, but also completely exposed the darkest face of corruption, the price of which citizens unfortunately pay with their own lives. Institutions paralyzed by corruption have given priority to the unscrupulous looting of public funds, to the detriment of ensuring adequate health care. The entire period of the pandemic was marked by non-transparent and unresolved procurement of medical equipment.

These, as well as numerous other cases of corruption in which the criminal trail leads to the very top of the government, and which shook the BH public, have not received an epilogue to date, which further undermined the already almost non-existent credibility of the judiciary and public trust. Instead of an uncompromising contribution to solving the problem of corruption, the judiciary has become only the burning and biggest problem of BH society. Politically instrumental, without elementary independence and responsibility, it requires urgent and in-depth reform based on conducting detailed checks of all judicial office holders (vetting) as a first step in the fight against corruption.

BiH does not have an adequate policy or strategy for the fight against corruption, and the legal framework has been waiting for a complete and comprehensive reconstruction for years, which is unequivocally emphasized by the European Commission among the 14 priorities for obtaining candidate status. The absence of progress and direct blockade of the improvement of the legal framework for the prevention of conflicts of interest, financing of political parties, protection of whistleblowers, public procurement only confirms the complete captivity of the state and the institutional framework. The extent of the state’s captivity raises the question of the legitimacy of the BiH authorities, which is further derogated from by systemic fraud and the lack of integrity of the electoral process. During the last election campaign alone, TI BiH documented over 2,500 examples of overt misuse of public resources in the campaign.

Of particular concern is the situation in the Federation of BiH, which did not even establish a government two and a half years ago, the Constitutional Court is also incomplete, there is no legal framework for whistleblower protection, and the Law on Conflict of Interest implemented, which makes the whole situation in this entity anarchic.

“The country has been going in the wrong direction for a long time, but the COVID 19 pandemic and the economic crisis resulting from the pandemic, combined with growing corruption, could create a highly flammable mixture that could put BiH at high risk of paralysis.” , stressed Srdjan Blagovcanin, Chairman of the Board of TI BiH, at the presentation of the Index.

“In such a context, the systematic violation of human rights, the existential uncertainty of citizens, as well as the very threat to life due to the inadequate response of the authorities to the protection of public health can lead to escalating anger among citizens.”

Political parties are undoubtedly the key protagonists of capturing the state, under the leadership of undisputed leaders in whose hands real power is concentrated, they have completely controlled the public sector, subordinating it to their own needs to the detriment of the public interest.

The direct consequence of deep-rooted corruption, ie the intention to prevent disclosure of corruption and accountability at all costs, is frequent human rights violations, as pointed out by international actors, especially in the context of restrictions on freedom of assembly in Republika Srpska. European Commission. The erosion of democratic standards, the stifling of freedom of speech, the creation of an atmosphere of intolerance for voices of criticism is a long-standing trend in BiH.

Press rls_28_1_2021 – BiH among the countries where the state of corruption is deteriorating the most, life-threatening citizens

CPI 2020 Presentation

Prosecutor’s Office of BiH: Dodik’s threats to voters are not a crime

TI BiH considers it especially disputable that the Prosecutor’s Office of BiH, when considering the threat and its criminal-legal relevance, did not take into account that...

Izvještaji za Mediae

Prosecutor’s Office of BiH: Dodik’s threats to voters are not a crime

TI BiH considers it especially disputable that the Prosecutor’s Office of BiH, when considering the threat and its criminal-legal relevance, did not take into account that the threat was made by a person who is in a prominent social position and has real political power. (more…)

TI BiH welcomes the adoption of the new Law on Conflict of Interest: An Appeal to the House of Peoples to Support Improvement

The new Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina, adopted by the House of Representatives of the BiH PA, is a step forward compared to the...

Izvještaji za Mediae

TI BiH welcomes the adoption of the new Law on Conflict of Interest: An Appeal to the House of Peoples to Support Improvement

The new Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina, adopted by the House of Representatives of the BiH PA, is a step forward compared to the existing legal solution, as it prescribes clearer prohibitions on performing multiple functions, as well as profit and financial interest from private companies with the state. (more…)

Instead of improving, the BiH Ministry of Justice is proposing a new politicization of the implementation of the Law on Conflict of Interest

Although the improvement of the Law on Conflict of Interest is one of the 14 key priorities on the road to the EU, the Ministry of Justice is proposing a draft that in some...

Izvještaji za Mediae

Instead of improving, the BiH Ministry of Justice is proposing a new politicization of the implementation of the Law on Conflict of Interest

Although the improvement of the Law on Conflict of Interest is one of the 14 key priorities on the road to the EU, the Ministry of Justice is proposing a draft that in some provisions represents a step back from the existing one, and establishing a body that will be under political control again.

Banja Luka, December 28, 2020 – The Ministry of Justice of Bosnia and Herzegovina has sent for public consultations a draft of the new Law on Conflict of Interest of BiH, which in some parts establishes even lower standards than those we have now. Thus, BH officials are allowed to be owners or directors of private companies that receive tenders or to lead associations that receive money from the budget if the money and tenders come from lower levels of government.

Instead of the current provision of the law which says that BH officials cannot be part of the management of private companies that do business with “budget-funded institutions at any level of government”, the Ministry of Justice proposes a ban only on private companies that receive incentives from the BiH budget. BH institutions . This practically means that public officials from the state level will be able to be in the administration or be the owners of private enterprises that conclude deals at entity, cantonal and local institutions. Such a thing leaves a huge space for using political influence on institutions to realize the benefits of a private company in which the holder of public office has a financial interest.

A step back has been made in the part of the law that now prohibits BH officials from leading associations and foundations that receive money from the budget from any level of government because it is proposed that the ban apply only to associations financed from the BiH budget . Due to this situation, HDZ leader Dragan Covic found himself in trouble, because the HNS, whose president is receiving money from lower levels of government, and because of his case, the work of the Commission for Deciding on Conflict of Interest has been blocked since 2017. .

Also, if the proposal of the Ministry of Justice is adopted, not only can the blockade and political pressure on the Commission for Deciding on Conflicts of Interest continue, but its independence is not guaranteed, as it is suggested that future members may be party figures but cannot be members of the “governing body of the parties six months before the submission of the application for the public invitation for membership in the commission”. TI BiH reminds that ensuring the independence of the body implementing the Law on Conflict of Interest is one of the key international recommendations, and that it was especially emphasized through GRECO reports.

An additional problem is that the sanctions proposed for violating the law are not disincentives, because the monetary sanctions for certain violations are much lower than the possible benefits from a conflict of interest situation. Thus, for example, for violating the provisions on engagement in private companies, only a sanction of up to 2,000 KM is envisaged, while the total range is up to 10,000 KM. Some provisions are also illogical, so for example it is stated that in the case when an official who has been determined to be in a conflict of interest continues to violate the law, the commission imposes a “ban on further violations of the law “, while continuing to impose sanctions.

In some parts, the law represents progress because it stipulates that membership in the management or supervisory board of a public company is incompatible with performing a public function. However, this ban does not apply to membership in the management of public institutions, which can also lead to conflicts of interest, and the Register of Public Officials recently published by TI BIH showed that many officials run public institutions at different levels of government.

TI BIH sent comments to the Ministry of Justice on the draft stating that it does not meet international standards. Although the improvement of this law is one of the 14 key priorities set by the EU before BiH, the proposed solution represents a setback in some provisions and in relation to the existing law.

Four years ago, Transparency International in BiH initiated the adoption of the Law on Prevention of Conflicts of Interest, which is in line with international standards and assessed positively by GRECO, EU, OSCE and other international organizations, but due to numerous obstructions it was never adopted by procedures for three .

Instead of such a draft, the Ministry of Justice decided on a solution that does not meet international standards in many segments. Given that its improvement is one of the key priorities on the European path of BiH, TI BiH expects a clear message from the EU that the adoption of such solutions will not be considered fulfillment of conditions.

Otherwise, space will be opened for the BiH authorities to adopt even worse legal solutions under the guise of fulfilling their priorities, and instead of improving, they will additionally derogate from the legal and institutional framework for preventing corruption.

Press rls_13.1.2021.

Get involved

Don't miss it

If you want to receive our announcements immediately after the publication, leave your e-mail address in the field below.