Open letter to all the Members of the BiH Parliamentary Assembly regarding the new amendment proposal to the Law on Conflict of Interest in the BiH institutions

According to this proposal, for the violation of the specific provisions of the Law on Conflict of Interest, instead of pronouncing the elected public official, member of the executive or any advisor unsuitable for candidacy to any public function for the period of 4 years after committing the criminal act, public officials would first pay a fine amounting between 1.000 KM and 10.000 KM, and then would be given 60 days to remove the existing conflict of interest, if possible to remove the same.

Transparency International BiH deems the proposal tabled by Mr Raguž completely unacceptable and sees it as another attempt to weaken this extremely important anti-corruption Law, especially in view of the coming general elections.

Transparency International BiH agrees with the explanation provided by Mr Raguž that previous praxis has been characterized by double standards and that it depended greatly on the influence and power of public officials who violated the provisions of this Law and who came under attack of the body competent for its implementation. However, these kind or problems should no way be solved by further derogating penal policy and prolonging conflict of interest, but with constructive provisions which would preclude and most severely sanction the irregular political pressure on the Central Election Commission BiH, thereby upgrading the professionality, impartiality and fairness of this institution. These measures should also comprise, among others,  the obligation, as well as the protection of individuals who report the attempts at political pressures and appropriate sanctions for persons who exert these kind of pressures, as well as of persons who find themselves under political pressures, thereby neglecting their professional duties.

Instead, by passing the proposal tabled by Mr Raguž, namely by introducing transitional fines, which are anyway simbolic compared to the illegal wealth that can be accumulated when there is a conflict of interest, it would once again prove that public officials in BiH care exclusively about their own rights, while absolutely neglecting the rights of citizens who elected them.

Furthermore, Transparency International BiH condemns the more recurrent praxis of public officials to amend those laws which should most protect the public interest by using extremely non transparent and rapid procedures whose main objective is to eliminate the public from decision-making process. Therefore, Transparency International BiH appeals to you, elected representatives, to ultimately take your role and trust given to you by citizens seriously.

Sincerely,
Srđan Blagovčanin,
Executive DirectorTransparency International BiH

Delivered to:

Office of  the High Representative (OHR)

OSCE Mission to Bosnia and Herzegovina

Council of Europe

EU Specia Representative in BiH

Delegation of the European Commission to Bosnia and Herzegovina

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