Lack of will to prevent conflicts of interest in BiH

Banja Luka, November 10, 2011. — Transparency International Bosnia and Herzegovina (TI BiH) issued a report on monitoring the improvement of the legal framework and the implementation of the Law on conflict of interest in Bosnia and Herzegovina for 2011, which was carried out within the monitoring of BiH’s progress in the implementation of anti-corruption reforms. Monitoring results primarily indicate the need for improvement and harmonization of laws that are treating the institute of conflict of interest at different administrative levels in BiH, what has been recognized by national institutions and by relevant international organizations dealing with this issue.

After unsuccessful attempts to amend the Law on conflict of interest BiH during 2010. and delays in formation of the inter-working group for law amendments, memebers of the group were finally appointed in October 2011. Civil society has also been summoned to propose possible law amendments, which is the only positive innovation in the process of improving the legal framework, hoping that recommendations of the institutions dealing with the analysis of the Law on conflict of interest will be observed this time.

However, there is still a concern about the lack of political will to harmonize entity laws on conflict of ineterst with the Law at BiH level. There are numerous discrapencies among these laws that are evident in relation to persons to whom these laws apply, as well as sanctions for identified cases of conflicts of interest. Particularly problematic is the Law on prevention of conflict of Interest in governmental institutions of Republic of Srpska (RS). TI BiH has been directing attention to it since its adoption in 2008, because it legalises a wide range of conflicts of interest, as seen through a prism of positive legislation, and creates problems for the Commission for the resolution of conflicts of interest in its implementation. The Commission itself has issued an initiative for the Law amendments to the National Assembly of RS. Although Republic of Srpska Government has rendered a decision to entrust the Ministry of Administration and Local Self-governance with the task to access the Law amendments in 2011, draft amending law still hasn’t been referred to the parliamentary procedure .

In the latest Progress report on BiH, the European Commission has emphasised that the legal framework is neither harmonized nor sufficiently restrictive in terms of punishing the conflicts of interest, and its implementation is still inadequate. Insufficient level of law enforcement is caused by the lack of capacity of the Central Election Commission BiH and Republic of Srpska Commission, and by the poltization of these institutions and pressures on them made by government authorities. Of the total number of sanctions pronounced by the Central Election Commission, only 2 i.e. 6% of the sanctions refer to officials who discharge their duty at the state level, and none of the sanctions is relating to officials at the entity level, which clearly approves that the vast majority of officials at lower levels are being sanctioned, while those at state and entity levels are practically intangible. On the other hand, the Commission at the level of Republic of Srpska pronounced only six sanctions during 2010, what represents an irrelevant number for the analysis of their structure.

This is why it’s necessary to seize the chance for improving the Law on conflict of interest BiH, and then to harmonize the entity solutions with the Law at the state level. The most important recommenadtions for law improvement are as follows:

1. To tighten sanctions so that conflicts of interest couldn’t be effective in relation to the sanctions for breaking the law.
2. Preventive control over assets declarations of officials and statutory sanctions for their inaccuracy.
3. It is necessary to set the period for the initiation of proceedings and decision making on conflicts of interest with the aim of making commissions’ work more effective.

TI BiH once again appeals to legislators to consider current barriers when preventing conflicts of interest, and to assume responsibility and introduce necessary changes in the legal framework, so as not to let another chance to be lost for its improvement due to the lack of will and agreements of those to whom laws on conflict of interest apply.