TRANSPARENCY INTERNATIONAL PRESENTED NIS FINDINGS: INDEPENDENT INSTITUTIONS IN BIH UNDER PRESSURE, KEY REFORMS NECESSARY

Independent institutions in Bosnia and Herzegovina, such as the Central Election Commission, Ombudsman and audit institutions, face serious challenges in preserving integrity and transparency, according to the latest National Integrity System study (NIS) presented by Transparency International.

Without the urgent implementation of recommendations to strengthen capacities, improve the legal framework and increase transparency, the fight against corruption remains at risk – was the message of the round table where, in addition to the findings and results of the National Integrity System study (NIS), the capacities, management, role and mutual interaction of key independent institutions in Bosnia and Herzegovina were analyzed.

The pressures threaten the integrity of the electoral process.

The findings of the NIS show that there is a lack of political will to improve the law under the jurisdiction of the CEC and that the imposed changes in the regulations before the 2022 general elections did not improve the integrity, transparency and efficiency of the electoral process. Also, little or no progress has been made in preventing electoral engineering and procedural problems, while pressures on the CEC are becoming more frequent, with the legitimacy of the CEC being called into question, along with insults and threats to members, and initiatives for their removal.

Representatives of the CEC agreed that it is necessary to strengthen the capacity of the CEC and specifically singled out the need to strengthen the Department for Auditing so that the reports are timely and have a real impact. It was also emphasized that stricter conditions for the engagement of internal auditors create problems in the recruitment process, which need to be additionally addressed.

An additional challenge is the fact that the CEC, although in charge of monitoring the implementation of the Law on Financing Political Parties, is not an authorized proposer for amendments to the law, which further complicates the situation given the lack of political will to initiate changes to this law.

In order for the CEC to effectively carry out its tasks, it is necessary to strengthen capacities and fill vacant positions, especially in the Department for Auditing the Financial Operations of Political Parties. After that, time limits should be introduced for financial audits, especially during the election campaign. It is also necessary to improve the legal framework that regulates the election process and the financing of political parties, increase the transparency and independence of local election commissions, prevent the misuse of public resources and introduce electronic voting.

Inefficiency and lack of staff slow down the protection of human rights

The institution of Human Rights Mmbudsman in Bosnia and Herzegovina, although independent, faces challenges in effectively resolving citizens’ complaints, often due to a reactive approach and a lack of specialized staff. In 2021, it received 2,946 complaints, of which 39% were carried over from previous years. Ombudsmen submit recommendations to raise the authorities’ awareness of compliance with ethical standards, but 42.6% of recommendations were ignored or not implemented. The lack of legal mechanisms for their accountability, inconsistent reports on their work to parliament and the lack of transparency in the process of selecting ombudsmen make their effectiveness even more complicated.

During the round table, it was pointed out that, according to the systematization of jobs, the job description of the Ombudsmen has not yet been established, which reduces the possibility of calling the Ombudsmen to account. Also, one of the additional recommendations is to give the Ombudsman institution the possibility of an authorized appellant before the Constitutional Court of Bosnia and Herzegovina.

In order to improve the work of the Ombudsmen, it is crucial to engage staff with relevant experience in the field of human rights, as well as the active use of the authority to initiate court proceedings and intervene in administrative procedures. The institution should regularly communicate its views on human rights issues through media appearances, not only during the presentation of reports. In addition, the proposed changes to the law should include the prescription of deadlines for submitting annual reports, the obligation of parliamentary debate on their results and the limitation of the possibility of re-appointment for two consecutive mandates.

Personnel capacities reduce the effectiveness of the audit

Although these institutions perform important functions, their independence and integrity are not constitutionally guaranteed at the BiH and entity level, which is contrary to international standards and conventions. The exception is Brčko District, where the Statute establishes the status of the Audit Office, but does not explicitly state the independence of the auditor general or the office. Operationally, supreme audit institutions (SAIs) face problems such as insufficient staffing capacity, especially for performance audits. Better cooperation with judicial institutions and the civil sector is needed in order to improve the efficiency of their work.

The government and legislative bodies should ensure constitutional protection and financial independence of Supreme Audit Institutions (SAIs). Increased coordination among the SAIs, led by the state office, and cooperation with the prosecution and executive authorities, along with clear procedures for acting on audit reports, will improve the control of public spending. The legislator should establish additional protection mechanisms for SAI members from political pressure and improve parliamentary procedures for considering reports. SAIs should make their reports more accessible to the public through data visualization and concise summaries.

Political influence reduces the effectiveness of anti-corruption efforts

Although formally independent, the Council of Ministers of BiH has a significant influence on the organizational and financial independence of the Agency for Prevention of Corruption and Coordination of the Fight Against Corruption (APIK), especially through personnel and material resources. The transparency of the Agency has been improved, and information about its work is available on the website. However, political influence on appointments still exists. In the past five years, APIK has strengthened operational capacities and focused on the implementation and monitoring of strategic anti-corruption documents, although the new strategy for the period 2019-2022 has not yet been adopted.

It is recommended to improve the Law on the Agency in order to ensure the mandatory cooperation of all institutions with the Agency, especially in relation to the status of whistleblowers. It is necessary to increase the Agency’s analytical and research capacities by filling professional positions and cooperating with other agencies such as the Commission for Conflict of Interest. Cooperation with all anti-corruption institutions should be improved, especially at lower levels of government, with the provision of necessary resources for coordination. Also, experts should be hired to improve mechanisms for monitoring and evaluating the implementation of strategic documents, including the general public and cooperation with NGOs and the media.

The round table clearly showed that for an effective fight against corruption in Bosnia and Herzegovina, it is necessary to urgently implement these recommendations. Only by strengthening the capacity of independent institutions, improving the legal framework and increasing transparency can we expect significant progress in the fight against corruption.

Studija Sistema nacionalnog integriteta Bosna i Hercegovina 2023