More and more whistleblowers are reporting corruption, most of them in the state administration

In the structure of whistleblowers, there is a noticeable trend of increasing reports filed by whistleblowers who initiated about 11% of cases, while corrupt practices are still most often reported by witnesses and victims of corruption (in more than two thirds of cases).

Banja Luka, 09. August 2018 – 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) opened 107 new cases based on applications from citizens, activists and NGOs. In the same period, slightly less than 700 citizens contacted TI BiH via the free info line for reporting corruption 0800 55555 .

One third of the reported corruption cases concerned the public administration sector (objections to the conduct of civil servants, suspicions of irregularities in employment or public procurement procedures), followed by the justice and education sectors. The novelty is that the number of reports in the field of education on the unprofessional conduct of professional staff has increased, as well as on the occurrence of peer violence to which schools have not responded adequately.

In the structure of whistleblowers, there is a noticeable trend of increasing reports filed by whistleblowers who initiated about 11% of cases, while corrupt practices are still most often reported by witnesses and victims of corruption (in more than two thirds of cases). TI BiH was also approached by two persons seeking legal protection under the recently adopted Law on the Protection of Persons Reporting Corruption in the RS, and both persons requested the initiation of judicial protection. One person failed to achieve the status of a protected applicant, and only because of the too short deadline provided for judicial protection. TI BiH warned the Ministry of Justice of the Republika Srpska that the deadlines for whistleblowers are too short and that this prevents applicants from obtaining judicial protection, and that this should be taken into account when considering amendments to the Law.

In the first half of the year, TI BiH submitted two initiatives to the RS Constitutional Court, to review the Decision of the Banja Luka City Assembly on general conditions for production, supply and use of thermal energy and the Rulebook on the manner and criteria for allocating funds for controlling and eradicating infectious diseases . The decision of the City of Banja Luka, according to the assessment of TI BiH, denies the rights of consumers to the prescribed strict conditions when disconnected from the heating network. Citizens have expressed great interest in this case, and very often ask questions about the outcome of the proceedings before the Constitutional Court, as well as their rights as end users of the district heating service. The disputed Ordinance of the Fund for the Suppression and Eradication of Infectious Diseases, on the other hand, prescribes restrictive deadlines which deny the possibility of granting benefits to all owners of animals that meet the requirements of the Veterinary Act.

This year, TI BiH also received 7 verdicts in administrative disputes initiated in previous years for violating the Law on Freedom of Access to Information. Some of the institutions against which TI BiH won disputes are: the RS Ministry of Education and Culture (in as many as three cases), the Appeals Council at the BiH Council of Ministers, the RS Ministry of Industry, Energy and Mining, the Republic Administration for Inspection Affairs … What all these cases have in common is that the courts have taught public authorities that the right of access to information is a guaranteed legal right and that the exceptions provided apply only in exceptional circumstances.

Press rls – 09.08.2018_