New set of laws gives absolute power to the ruling elite

Announcements of the new legal solutions, proposals of the New Law on Conflict of Interests, Election Law and the Law on Civil Service that came from the ruling coalition are a clear sign that they plan to return Bosnia and Herzegovina 15 years in the past and secure them absolute power in the election year.

The proposed Law on Conflict of Interests is aimed at completely ridiculing the institute of conflict of interests, enabling the ruling elite to deal with their own private interests while in they are in civil service, while at the same time citizens would not even be able to report conflict of interests.  As TI BiH has already warned in several occasions, the proposed law contradicts international obligations of Bosnia and Herzegovina, directly aimed against public interest, since it would not be possible for citizens to report conflict of interests and public officials would practically be fully protected. The Law proposal enables public officials to be engaged in private enterprises, and the private interest is put above the public. Additionally, instead of tightening the penal policy, the Law predicts only monetary fines for perpetrators that, compared to the opportunities that the proposed law offers for gaining enormous personal gain, are only symbolic.

The fact that the ruling coalition is serious in its intentions is proven in their announcements of the amendments of the Election law submitted by SDA according to which candidate lists would be closed and voters will not be able to vote for individual candidates but only for the party, which would introduce the category of the vote belonging exclusively to the party and not the candidate.  This would strengthen almost absolute power of party leaders, within totally undemocratic party structures, which would be another step towards authoritarian forms of regime.

In the same light should be seen the initiative filed by SNSD for amendment of the Law on Civil Service in BiH institutions, according to which assistant ministers, secretaries in state institutions and ministries,  and directors of offices and agencies would be stripped off the title of the employee of the state. The ultimate goal of such initiative is to enable more positions, besides ministers and deputies, to be awarded along the party lines, and for them no longer to be professionals doing their job regardless of who is in office at the time, and all this to ensure suitable party, instead of quality and professional personnel, who work only for the benefit of their party leaders. Appointing of all these personnel after each change of authority and positioning of only suitable candidates would represent a blow to democracy in civil service, which would lead to total takeover of political control over BiH institutions.

Ti BiH warns domestic and international public that adopting these legal solutions would be in direct contradiction to basic democratic principles and directly aimed against citizens’ interests. Therefore TI BiH will address all relevant local and international organization with the aim of preventing these attempts of eroding the legal system in BiH. If contrary, further efforts of civil society organizations and their cooperation with state institutions will lose any purpose.