PRESS RELEASES AND ANNOUNCEMENTS

Access to Information is still Limited

Press releases ● 28 September 2013

This analysis has been made with the aim of determining the level of implementation of the Law on Free Access to Information by nstitutions at different level.

In the first half of 2013 TI BiH has sent 77 requests for access to information referring to the Law on Free Access to Information at all levels of government. All requests were submitted upon the complaints of citizens which were sent to the Center for Legal Aid TI BiH. Each and every complaint was about inability of citizens to exercise their right to free access to information from public authorities. Out of 77 requests for information, 54 responses were received in accordance with the Law in expected period of 15 days. This represents an improvement compared to the previous years. TI BiH has sent 23 urgencies because of failure to comply with requests information within the legal deadline. After these urgencies, 11 institutions submitted their responses, and in three cases TI BiH failed a complaint due to the ‘’silence of administration’’.

Although, an improvement in the delivery of information is evident, public authorities do not submit their responses in the form prescribed by law, which leaves citizens without legal remedy and possibility to complain, and thereby extends the procedure to access to information.

Also, during 2013, TI BiH has filed 7 lawsuits against public authorities for noncompliance or incorrect implementation of the Institute of Public Interest. In many cases the institutions refuse access to information subsuming them under the exceptions, despite being obliged to carry out a public interest test first, and only then they can deny access to information on the basis of exception. Public authorities do not often make difference between information and personal data, and protection of personal data is placed before the Law on Free Access to Information.

During 2013, four administrative disputes, commenced previous years and related to the implementation of the Law on Free Access to information, were ruled in favor of TI BiH. Three cases were related to the ‘’ administrative silence’’ of the Ministry of Finance and Ministry of Interior of RS. They refused to provide information about the number of civil servants, and the Government of RS refused to provide information on which basis, under the item ’’Current grants for non-profit organizations,  ‘’ Nezavisne novine’’ as LLC was assigned 50.000 KM.  The District Court in Banja Luka, in all three cases, has ruled in favor of TI BiH, sentences were executed, and sued authority reimbursed the cost of an administrative dispute to TI BiH.  The fourth dispute, related to the lawsuit that Ti BiH filed against the Ministry of Interior of the RS due to incorrect implementation of the Law on Free Access to information, also ended in favor of TI BiH.

Although, the progress of institutions in their response to the requested information is significant, the problem of arbitrary interpretation of legislative provisions remains, as well as misuse of the exceptions and non-implementation of the public interest test. Also, the problem of laws inconsistency on the state and entity level remains unsolved, especially with regards to introduction of sanctions.  It is evident that there is a lack of awareness of the institutions in BiH about the importance of free access to information as one of the fundamental human rights and precondition for the responsible acting of public institutions.

Street Event on the International Right to Know Day

Press releases ● 27 September 2013

On this occasion, TI BiH will again inform citizens about their rights when addressing the institutions and finding information, and how to exercise these rights.  The right of free access to information is considered to be one of the fundamental human rights in all democratic countries, and it is guaranteed by every international document that regulates human rights.

During theevent, citizens will have an opportunity to ask questions and to fill in a request for information for the institutions on the TI’s stand.

Street action will take place on Saturday 28^th September 2013. on Krajina Square in Banja Luka, starting at noon.

Conference in the Occasion of the International Right to Know Day

Announcements ● 26 September 2013

TI BiH is organizing a conference in order to analyze and determine progress achieved so far in the field of Freedom of Access to Information in Bosnia and Herzegovina and in other countries in the region, focusing on civil society and the media. The main goal of the conference is to emphasize current conditions of the implementation of the right to free access to information in BiH and the region, and to give an overview of this right as well as its importance in the global context.

The conference will focus on the civil society organizations that have used the mechanisms to access to information in their work since the very beginning of the Right to Know Day, and on the role of the media in the dissemination of information.

The representatives of the civil society organizations and/or Information Commissioners from the region, international experts, civil society organizations and the media will take part in the conference and they will give their view on the importance of openness of information. The conference will be held on Friday, 27^th September, at 10 am, at the Hotel Europe in Sarajevo. The agenda is attached below.

Conference on the Occasion of the International Day of Freedom of Access to Information

27^th September 2013.

the Hotel Europe, Sarajevo

The agenda

It is Necessary to Harmonize the Draft Laws on Whistleblower Protection

Press releases ● 25 September 2013

Large number of comments that TI BiH has referred to the Parliament of the FBiH are related precisely to the non-compliance of its provisions with the Draft Law on the state level- the definition of legal terms indicates that the federal and the state Draft Law have completely different concept on whistleblower protection what may lead to contradictory and wrong interpretation of the Law and its implementation. For example, the Draft Law of the Federation BiH provides protection only during administrative and judicial proceedings, while state Law also determines the competent authority.

Except non-compliance with the Draft Law on the state level, the Draft Law on Whistleblower Protection of the Federation of BiH contains provisions which may have a deterrent effect on potential whistleblowers. For example, it is stated in the particular form of the whistleblower protection that ‘’ the whistleblower is obliged to consider the damage that may occur from thier reporting, especially if the public interest arising from the report itself exceeds the same.’’ TI BiH considers that this formulation of the Law cannot stimulate potential whistleblower in any case, because insufficiently defined terms regarding damage and public interest have been introduced.

In addition, it is stated in the Draft that the whistleblower is ’’liable for disclosure of an official, business or trade secrets,’’ which in practice may lead to a situation where the employer could have incriminated activity, to which whistleblower indicates ,declare as an official or business secret. In that case the whistleblower would suffer the consequences, regardless of the fact that the employer performing such activities would violate the law, what could have discouraging effect on the potential whistleblowers.

The Law does not define clearly the authorities for whistleblower protection. This may cause additional confusion and may lead to the situation where more than one authority will be implementing the Law or will not exercise any leaving the whistleblower without adequate protection.

While supporting the initiative for the adoption of legislation which would provide protection for whistleblowers, TI BiH once again urges the legislators to harmonize the Law on the federal and the state level and to eliminate these deficiencies or the Law will lose its purpose, people will not be motivated to report corruption and whistleblowers will be left without any protection.

TI BiH is organizing a Presentation of Public Policies for Local Government

Announcements ● 23 September 2013

In the final stage of the project on ‘’ Monitoring and Advocacy for Good Governance in BiH Municipalities’’, TI BiH is organizing presentation of three analyses of public policies regarding the issue on improving integrity in local government, cooperation with non-governmental organizations, and local public enterprises.

Presentation of the analyses of public policy presents an opportunity to answer the following questions:

1)      How to get to the plans for integrity on local level- systemic approach to improving integrity of local government;

2)      The local government and non-governmental organizations- how to improve cooperation?

3)      Local public enterprises in BiH- a problem that is not known enough.

The aim of the project is to improve the governance and increase transparency in municipalities across the country through the monitoring of public policies and their practice, and through advocacy based on analyses and research. Furthermore, providing specialized knowledge for local leaders, citizens and civil society organizations, on how to force the local government to be accountable and improve, the aim of the project is to build the capacities of the local people to achieve high quality, efficiency and effectiveness of local administration, which will lead to grater inclusion of citizens, transparency and accountability.

[:bs]Neophodno suštinski unaprijediti prijedlog Zakona o zaštiti lica koja prijavljuju korupciju

Press releases ● 17 September 2013

The role of the Audit Institutions ignored, and their reports without any effect

Press releases ● 19 August 2013

Unlike most countries in the European Union, legal, political and regulatory grounds for the work and jurisdiction of audit institutions in BiH has not been set in the current Constitutions / Statutes of the Entities and Brčko District, and they are not familiar with the functions of the public and parliamentary monitoring of the executive authorities, public institutions and public finances. Without constitutional grounding, independency and expertise of the SAI in BiH has been left to the will of the political leaders and parties, their parliamentary majority, making of the audit institutions a possible target for illegal influences of the executive authorities, political leaders and parties.

The results of a comparative research of the financial audits in BiH show huge differences in annual and three-year structure and trends of opinions and ratings given by the financial auditors. So, in the period from 2010 to 2012 the highest shares of positive audit opinions were given by SAI BiH (78%), followed by the Supreme Office for the Republic of Srpska Public Sector Auditing (37 %). The lowest share of positive audit opinions was given by SAI FBiH (0%) and the Office for Brčko District Pubic Administration Auditing (14%). The highest share of negative audit opinions were given by SAI FBiH (22%) and the Office for Brčko District Pubic Administration Auditing (14%), and the lowest by SAI BiH (1,5%) and the Supreme Office for the Republic of Srpska Public Sector Auditing (2,3%). In the past three years the most reviews with the ‘’qualified audit opinion’’ has been given by SAI FBiH (77%) and the Supreme Office for the Republic of Srpska Public Sector Auditing (59%). During the past three years the number of the negative audit opinions has slightly increased in SAI BiH and SAI FBiH, and decreasing in the Supreme Office for the Republic of Srpska Public Sector Auditing and the Office for Brčko District Pubic Administration Auditing. The number of positive audit opinions is increasing in SAI BiH and the Supreme Office for the Republic of Srpska Public Sector Auditing, stagnating in the SAI FBiH and decreasing in the Office for Brčko District Pubic Administration Auditing.

Financial audits in all four SAIs fail annually to cover even 10% of the institutions and organizational units of the public sector in BiH- from about 2500 organizational units only 200 to 220 financial audits are conducted annually, so off the radar of the financial control are often business of the local institutions, public enterprises, the entity, cantonal and municipal institutions on the periphery (educational organizations, social welfare, health institutions, hospitals, clinical centers, institutes, departments and agencies).

An additional problem is lack of effects of the audit reports- their weak and unprofessional use in the parliament, particularly during the process of the budget adoption or the budget execution reports, as well as the constant absence of the consequences for irresponsible and nontransparent management of the public institutions.  The main reason for this situation is the absence of will and responsibility of the members of the Assembly to oversee the work of the government in BiH, as well as the lack of the systematic cooperation mechanisms between the audit institutions and judiciary with the aim of sanctioning illegal and irresponsible spending of public funds. Auditor’s recommendations are not followed by the public institutions- annually about half of the recommendations remain unrealized or partly realized, which leaves a great impact on the truthfulness and accuracy of the accounting records and the management of the public finances.

It is necessary to mention the Amendments to the Law on Public Sector Auditing of the Republic of Srpska prepared by the RS Government and the Ministry of Finance, which is a secret to most Members of Parliament and members of the Parliamentary Committee responsible for the revision of the RSNA, and for the auditors of the SOA of the RS. The very way of making the Law raises doubts that the new solution will be able to maintain the current level of independency of the SOA of the RS or harmonize the external audit of the public sector in BiH, but just the opposite.

Based on the findings of the Monitoring, it is clear that representatives of the legislature and the executive authorities in BiH sill do not take seriously the role of the Supreme Audit Institutions, and there is no interest in establishing the efficient control over the expenditure of public funds, while at the same time they are trying to achieve stronger control over the findings.

No Progress in Prosecuting Corruption in BiH

Press releases ● 25 July 2013

The Data show that in the work of prosecutors the increase of number of reports was noted, but there has been a reduction in the number of reports of corruption and criminal offenses against official and other duties (on average 2.3 percent of the total number of applications).

It is the same situation with the number of investigations by the prosecutor’s office, which had increased the total number of investigations of corruption cases 2012 in relation to the 2011 (1464 to 2012, compared to 829 in 2011.).

However, these investigations have not yielded sufficient results due to the fact that there has been stagnation in terms of the number of indictments for crimes of corruption and that the number of indictments for corruption in number of 223 during the 2012 was disproportionately small compared to the number of investigations conducted by these crimes – 1464.

Also, the share of 1.4 percent of confirmed indictments for corruption offenses in relation to all the other confirmed indictment is extremely low, and when even the figure of 223 confirmed indictments for corruption offenses brought in connection with a number of 74 in regular court in BiH, it is clear this is indeed a very small number of confirmed indictments.

In terms of the total number of judgments rendered by the courts there has been noticeable increase in the volume of work, but no significant changes in the number of convictions for corruption.

Except in the Brčko district, at all levels, there has been a reduction in the number of convictions for offenses of corruption.

As in earlier period, the additional problem is lacking of cases about system corruption in which high level politicians would be processed.

When it comes to the structure of the convictions, the High Judicial and Prosecutorial Council refused to provide information about the structure of the judgment, thereby violating the Law on Free Access to Information.

However, according to unconfirmed information held by TI BiH, there were no any significant changes.

During the year 2012, there was a total of seven prison sentences at all levels of the criminal offense of bribe-taking, while the abuse of power  was issued a total of nine prison sentences at all levels, which is certainly not a very high number compared to the pervasive problem of corruption.

Also, the convictions were mainly for cases of abuse at the lower levels, while absent epilogues for cases at higher levels.

Monitoring of prosecuting the corruption also included confiscation of the illegally acquired property.

TI BiH data show that in the 2012 there was a significant decrease in the number of cases in which the illegally acquired property  was taken compared to the 2011 (57 compared to 228), and in the period 2011-2012  there has been a drastic reduction in the financial worth of the confiscated properties (in the period 2009 -2010).

Confiscated assets amounted to about 30 million, while for the period 2011 to 2012  was taken only about 5.6 million ( a decline of about 80%).

Lately BiH citizens witnessed numerous arrests and announced investigations in cases of high corruption, but are absent epilogues of these cases, which clearly proves that the fight against corruption in BiH is only demagogic and no real results.

The negative trend of justice efficiency continues for years, which indicates the presence of systemic corruption in BiH which obstruct any progress and or change, reflecting the end of the work of the judiciary.

TI BiH Strongly Condemns Interrogation of Journalists

Press releases ● 19 July 2013

Namely, according to the media in BiH, a journalist and an editor of the portal ‘’Istinito’’ and magazine ’’Respekt’’, Željko Raljić was taken for interrogation because of publishing news about posters plastered around Banja Luka, which were criticizing the authorities in the RS.

Journalists have every right to protect their sources of information, and at the same time plastering of posters and expressing opinion on the authorities is not a criminal offence so the Ministry of Interior is not authorized to persecute these perpetrators. It is clear that in this way the Ministry of Interior puts itself openly in protection of the persons criticized by the posters and violates the fundamental human rights, openly putting pressure on the media.

Citizens are Losing Trust in the Institutions

Press releases ● 09 July 2013

Banja Luka/Berlin, 9^th July 2013- Transparency International has published the results of the Global Corruption Barometer (GCB) for 2013, carried out in 107 countries including Bosnia and Herzegovina.  The GCB is public opinion survey on corruption and bribery, and it presents citizens’ attitude to presence of corruption within different institutions.

GCB for BiH has shown this year that majority of citizens think that the level of corruption has worsened in the past two years- 34% think that corruption has increased a lot, 31% think that it has slightly increased, and 27% think that it has remained the same. This survey shows that the institutions people rely on to fight against corruption are themselves not trusted. This can be proven with the fact that 31% of citizens believe that the authorities are extremely ineffective in the fight against corruption, 39% believe that authorities are ineffective, 23% believe that they are neither effective nor ineffective, while only 6% believe that they are effective and only 2% believe that authorities are very effective.

On the other side, most of the citizens agreed that the state is being run by the several entities acting in their own interest- 21% think that the state is completely run by these individuals, and 46% think it is largely run by these self-interest groups. BiH citizens also believe that personal contacts are very important to get things done, and vast majority of 85% believe that corruption in the public sector is a serious problem.

When it comes to the perception of corruption by sectors, as in previous years, political parties are perceived to be most corrupt (48% consider them extremely corrupt, and 30% consider them highly corrupt). They are followed by medical and health services (48% and 29%), parliament/legislature (38% and 29%), then police, public officials/civil service and the education system. NGOs, military and religious organizations are considered to be the least corrupt.

The fact that 28% of people in order to receive some of the public services have paid the bribe, mostly to the medical and health services and to the police, is devastating. Most of these respondents (41%) claimed that they have paid the bribe to expedite services, 30% have paid the bribe to express gratitude for services or as a gift, 18% because they could not get services done in any other way, 11% in order to get cheaper services. When it comes to the reporting of corruption 63% of the respondents claimed that they would be willing to report an incident of corruption, the majority of them 47% would do so over the line for reporting corruption, while only 27% would dare to report the incident to the institutions. The respondents who claimed that they would not report the incident, 37% of them, as a reason for not doing so, indicated that their application would not have any effect (56%), which further confirms the luck of trust in the institutions which are supposed to fight against corruption.

These findings confirm the warnings of the Transparency International BiH about increasingly alarming level of corruption in BiH and constant drop of public confidence in the system. A large number of the incidents of corruption confirm that it has become a parasite that eats up each and every segment of society and BiH citizens have felt the greatest consequences. The GCB’s findings from the countries in the region have shown that most citizens consider that the level of corruption has dropped and the level of trust in the institutions has risen in the last two years, suggesting that BiH cannot expect different opinion of its citizens and their greater willingness to engage in the fight against corruption until they do not witness more decisive prosecution of corruption at all levels , starting from political corruption which is considered to be the most problematic.

Application of the Law on Financing Political Parties Suspended

Press releases ● 02 July 2013

In this way the law on financing political parties has been suspended, and with a completely unbelievable qualification of the Court of BiH, a message was sent to political parties and the public that even the funding of political parties from illegal sources and in an illegal way completely acceptable.

Specifically, CEC initially determined that SNSD received prohibited contributions and fined this party in the amount of 18.000 KM. Also, an analysis of TI BiH showed, and CEC also found that SNSD in its reports did not show the appearances of Svetlana Ražnatović during the campaign before the general elections in 2010, and for this SNSD was fined for the amount of 5.000 KM.

However, after the Appellate Division of the BiH Court accepted the appeal of SNSD, with no clear basis, and returned the case for CEC to consider, the same subject was suspended. In addition to SNSD, the original sanctions for SDA, Naša Stranka, SDU, HSP BiH and SDA were suspended, and also for failure to report contributions.

The findings of TI BiH for years are pointing to numerous abuses by political parties during the election campaign, which includes the failure to report all costs of campaign rallies (especially, in the case of SNSD, the organization of concerts and registration fees of performers), misuse of budget funds to promote the party, etc. The sanctions for such violations are already extremely low, and the constant practice of the BiH Court to annul the decision of CEC, in which sanctions that are imposed on parties further obstruct the application of the law on financing political parties and make it completely pointless, because if the parties do not suffer the consequences of violating the law, nothing motivates them to respect it.

Therefore, as one of the most important issues for the overall functioning of the political system in BiH, an adequate regulation of the financing of political parties is imposed, through improving the legal framework and its implementation, especially keeping in mind the harm done to amendments to the law on financing of political parties in 2012, which in a legal framework is devastated and enabled abuse.

Conference on’’ Integrity of Higher Education in BiH’’

Press releases ● 18 June 2013

The conference will be opened by the Federal Minister of Education and Science Damir Mašić and Executive Director of Transparency International BiH Srđan Blagovčanin.

With the aim of analyzing current situations and activities regarding promotion and prevention of corruption, the conference will focus on examination of all previous activities in this field, particularly those regarding drafting and adaption of integrity plans of higher education institutions. Also, it will be discussed about the application of the Code of Ethics and its improvement, as well as students’ participation in decision-making process and about their activation in the evaluation of the universities and prevention of corruption.

The conference speakers shall be representatives of Federal Ministry of Education and Science, rectos of public universities, representatives of the authorities in the region, the members of the Ethic Committees⁄ Councils of universities in BiH, representatives of students and NGOs.

The conference will be opened to the press.

The conference program in Mostar

Conference on

’’ Integrity of Higher Education in BiH’’

Mostar, 20^th June 2013. – the Students’ Hotel I.Krndelja Square

Program

Opening of the Exhibition ‘’Mitomania’’

Press releases ● 13 June 2013

This project represents a creative way of displaying consequences of corruption in BiH society. Accordingly, following successfully held exhibitions in Mostar and Sarajevo, TI BiH is organizing an exhibition under the name ’Mitomania’’ in Banja Luka, where the winning drawings and caricatures collected through the award contest announced by TI BiH will be displayed, along with the work of professional cartoonists who participated in the project.

The exhibition will be opened by representatives of the U.S. Embassy and TI BiH. The opening of the exhibition in Banja Luka will be held on 6^th June 2013. at six o’clock p.m. in Staklenac (Park Petar Kočić). The exhibition will remain open in the period from 14.6. to 23.06.2013. and will be open to all citizens.

Invitation to the Civil Society Organizations and Citizens of Bosnia and Herzegovina to Participate in the Public Consultation on Adoption of the Amendments to the Law on Free Access to Information in BiH

Press releases ● 23 May 2013

On Friday, 31^st May 2013, the Ministry of Justice of Bosnia and Herzegovina on its official web site published the Draft Amendments to the Law on Free Access to Information in BiH, leaving the possibility open for the public to submit their comments on the Draft Amendments to 31^st May 2013.

A number of Civil Society Organizations have analyzed the proposed Amendments and established that they detriment the right to access to information, make extremely restrictive provisions regarding information containing personal data, abolish the public interest test, and that the Law on Free Access to Information is actually turned into the Law on the Prohibition of Access to Information.

Considering the fact that this Law represents the basic mechanism for exercising the right to access the information, the Draft Amendments exceptionally limit these rights by introducing the principles of automatism, which, with a few exceptions,  prohibit access to information containing personal data. This action is completely different from the hitherto principles, which allow access to information with the exception in cases when a public interest test has to be conducted.

In this way, the Law will cut access to information and some additional ways will be opened to the corruption, which will be impossible to prove or to spot on the basis of specific documents and data, under the pretext of protecting the privacy of individuals.

Representatives of civil society, the academic and professional community were not invited or included in the working group who participated in the process of making the Draft Amendments to the Law on Free Access to Information in Bosnia and Herzegovina. So, we use this opportunity to express our opinion about unacceptability of such Draft, and to invite the Institutions to address the issue of an already familiar topic regarding legislation on free access to information in BiH, which so far has not been discussed in an appropriate manner, – inconsistent legislations at different government levels, admonishments of more severe penalties and establishing a supervisory body for the implementation of the Law.

We invite the representatives of civil society, as well as citizens-individuals to express their opinion on the Draft Amendments to the Ministry of Justice BiH until 31^st May 2013. Below is a sample letter that you can sign and submit on this email address: konsultacije@mpr.gov.ba.

With kind regards, yours:

–        Center for Informative Decontamination of Youth

–        Center for Investigative Reporting

–        Open Society Fund Bosnia and Herzegovina

–        Foundation Center for the Public Interest Advocacy

–        Transparency International Bosnia and Herzegovina

–        UG Why not, Sarajevo

Sample letter of Civil Society Organizations and citizens of Bosnia and Herzegovina to the public consultation on the Draft Amendments to the Law on Free Access to Information of the Ministry of the Justice BiH

Ministry of Justice Bosnia and Herzegovina

Trg BiH 1.

71000 Sarajevo

Bosnia and Herzegovina

Commentary on the Draft Law on Amendments to the Law on Free Access to Information of Bosnia and Herzegovina

Dear Sir/Madam,

In accordance with your invitation to participate the public consultations on the Draft Amendments to the Law on Free Access to Information in Bosnia and Herzegovina, we are submitting our comment:

• Current Draft Amendments to the Law on Free Access to Information call into question the right to obtain information as an integral part of the right to freedom of expression, proclaimed by the European Convention on Human Rights and BiH Constitution;

• In relation to the current Law, the Draft Amendments to the Law on an unacceptable manner determine the principles of access to information, inadequately define the terms of the Law and unnecessarily exclude a whole section that relates to personal data with the intent to protect the right to privacy and other private interests;

• The alleged aim of the Draft Amendments is to protect personal and right to privacy. According to the documents of the Council of Europe and the European Union, the protection of personal data apply to protection of processing of those data and in such documents there is nothing that suggests the need for automatic disabling free access to information.

• From the proposed formulation of the Act 4 of the Draft Amendments to the Law it is evident that new principles have been introduced- non-disclosure of information in the case of request to access to information relating to the protection of privacy(Quotation, Paragraph 1 :’’ The competent authority acting in accordance with this Law pertinent to protection of personal data would restrict access to information or a piece of information if its disclosure threatens the  right to privacy and other legitimate private interests.’’) Current Law is based on opposed principle- disclosure of information is a rule and non-disclosure is an exception. The introduction of a new principle of non-disclosure of information, as well as the automatisms in the actions of the authorities, which are contrary to the fundamental purpose and the spirit of the Law on Free Access to Information in the world and even in our country, certainly opens the way for the authorities to abuse the Law and to introduce restrictions in all cases excluding those provided as an exception.

• The crucial mechanisms shall be limited by the same provision of the Draft Amendments- the public interest test. Namely, the definition of the restrictions provided in the Article 4 Paragraph 1 of the Draft Amendments, entirely excludes the Article 9 of the current Low on Freedom of Access to Information (‘’ The Public Interest Test’’). The Article 9 establishes the principle of resolving all claims on case-by-case basis, what is also contrary to the purposes and spirit of the Law on Free Access to Information.

• Referring to the annual report of the Ombudsman for Human Rights BiH, we want to remind you that problems related to the implementation of the Law have not been registered, and if requested information contained some personal data, which could compromise the privacy of the citizens, the public authority using the public interest test could make a decision on disclosure exception.

• Finally, instead of seeking the possibility to preserve the fundamental values of the Law on Free Access to Information and harmonize other laws with this one, these Draft Amendments include other proposed principles into the Law on Free Access to Information, what is an illegal practice (Quotation, Article 26, Paragraph 4 of the current Law: ‘’ Legislation adopted after this Law, whose purpose is not to change this Law, shall not limit the rights and obligations set out in this Law’’.)

To sum up, free access to information is conditio sine qua non of a democratic process and represents constitutional category that appears as an independent right, or as an integral part of the right to freedom of expression set by the European Convention and BiH Constitution. It is a fundamental democratic right of every citizen and highly important tool used for ensuring the rule of law and good governance. Access to information enables citizens to control their elected representatives and to protect them from abuse, also allows the participation of citizens in setting priorities of government and it is linked to the good government concept, which implies an open government that operates on the principles of efficiency, transparency and legality.

For these reasons, your Draft Amendments to the Law on Free Access to Information is totally unacceptable to us, and we invite you to abandon the public consultation process and to organize broader professional and honest discussion which will lead to the real improvement of the legal framework on access to information.

Signature of the person authorized to represent the organization and signature of the citizen-individual, citing the official name of the organization or the names of the citizen.

Conference: Open Government Partnership Initiative

Press releases ● 15 May 2013

Considering the fact that Bosnia and Herzegovina still hasn’t joined OGP initiative, nor have any activities been started, while taking into consideration that this initiative contributes to achieving the concept of an open government through defining concrete obligations in the process of preparation of an action plan for accomplishing the standards of government’s openness and citizens’ participation in the decision-making processes, TI BiH, CPI and numerous other civil society organizations deem that BiH joining OGP initiative would have multiple positive effects for country and citizens.

Aiming to animate broader public, especially responsible institutions and civil society representatives, TI BiH and CPI are organizing one-day conference which will introduce specifics of an open government partnership, its advantages and requirements for joining.

We have the pleasure to invite you to take part and participate in the conference.

Conference will be held on Friday, May 17 in the Europe hotel in Sarajevo, starting at 11.30 am. Representatives of BiH institutions, civil society organizations and media, along with panelists from region and abroad will be present.

Mild Laws and Inefficiency in the Sanctioning of Conflict of Interest

Press releases ● 29 April 2013

Banja Luka, 29th April 2013. – The prevention of conflict of interest has experienced a serious decline during the reporting period, mainly due to the lack of political will to improve the existing legislation and the implementation of the law at all levels.

During the past 11 years since the Law on Conflict of Interest has been in force in the Governmental Institutions of BiH, four sets of Amendments to the Law on Conflict of Interest have been made and a circle of functions and persons to whom the Law applies has been constantly narrowing , which has weakened the effectiveness of this Law. The most drastic approach of the weakening of the Law has been presented in the new Amendments to the Law, adopted by the Council of Ministers, with the aim to politicize completely the decision-making process regarding the Conflict of Interest and liberalization of regulations. TI BiH responses and comments to the Institutions regarding this matter are available here.

At the level of the Federation of BiH, the activity on the harmonization of legislation in relation to the Laws of Bosnia and Herzegovina is also missing. At the level of the Republic of Srpska the changes to the Law on Prevention of Conflict of Interest in the Governmental Institutions of the RS are in progress. Although some of the terms and regulations are better defined and clarified, crucial issues have not been adequately treated, especially in terms of compliance with the state law, and the sanctions are still not nearly in proportion to the damage which violators of the law can cause to the public resources and public interest.

The gap between  the sanctions and possible gain is evident in the example of the Central Election Commission, which has imposed, since the beginning of the application of the Law, 118 fines in the amount of 409.500,00KM, of which 88  were fully realized, while 10 of them have been paid consecutively, which altogether amounts to 267 380,00 KM.  In 2012, five of the sanctions were realized completely and three consecutively in the amount of 24.500 KM. Comparing budgetary inflows through payment of sanctions and damage caused by the conflict of interest of the public officials, often spoken of multi-million amounts in the media and other reports, disproportion in favor of those who are in the conflict of interest is more than evident. In 2012, Central Election Commission initiated only 13 procedures for determining conflict of interest. In six cases it was determined that there were no grounds for imposing sanctions and proceedings were terminated, while in seven cases the sanctions of ineligibility to stand for office of elected official, executive officeholder  or advisor for a period of four years were imposed. Out of seven imposed sanctions one or 14% was related to the official at the state level of government, one or 14% to the Cantonal level or 72% at the municipal level, which confirmed earlier findings that officials at lower levels of government are sanctioned mostly, while those at highest levels of government are protected.

At the level of Republic of Srpska, in 2012, out of 19 issued decisions, the Commission for determining Conflict of Interest enacted six decisions where conflict of interest was determined and 13 decisions of termination of the procedure.

Inefficiency in the law enforcement procedures at different levels of government, caused by vague and mild laws, that the legislators want to additionally derogate, characterize activities in prevention of conflict of interest in BiH. If the Amendments to the Law on Conflict of Interest at the state level are adopted in the emergency procedures, the conditions will worsen and conflict of interest will be legalised. Once again, TI BiH appeals to all relevant international and BiH institutions to prevent the complete destruction of the legal framework, and to put efforts into harmonization of the Law with applicable international standards and strengthening  the institutions that implement them.