PRESS RELEASES AND ANNOUNCEMENTS

President of the CEC Prevents Sanctioning of Political Parties

Press releases ● 29 November 2012

Banja Luka, 29th November 2012.- The Persident of the Central Election Commission (CEC) Branko Petric by refusing to put on the agenda of the CEC the decision on sanctioning of 13 political parties for violation of provisions of the Law on Financing of Political Parties,  prepared by the Audit Service, put himself directly in the service of protection of political paties, especially SNSD,SDP and HDZ 1990 for which monetray sanctioncs should have been imposed.

Namely, the Audit Service has established that 13 political parties are responsible for violation of the Law on Financing of Political Parties in BiH. The investigation was opened on the basis of irregularities in found in the audit of the Annul Financial Reports for 2010. and post-ellection financial reports (General Election 2010). These irregularities have been related to profit gained from assets not owned by the political parties, inadequate transaction records such as absence of bills for paid services, unreported donations and contributions from prohibited sources.

The Audit Service in accordance with the conclusion from the CEC assembly, held on 16th August 2012, instituted procedings against 32 political parties on suspicon of violating the Law on Financing of Political Paries in BIH. So far 13 cases have been completes and proposed penalties range from 500 to 30,000KM, but official verdict has been prevented.

Considering the fact that the new Law on Financing of Political Parties  in BiH, published in the Official Gazette on 27th November 2012, has considerably milder than the former one and majority of committed offenses would not be sanctioned by its implementation, there is a resonable suspicion  that the President of the CEC is waiting for  5th December  2012., when the implementation of the new Law starts, in order to prevent sanctioning of the political parties for detected and irregularities determineded during the control of their financial operations in 2010.

Transparency Internationa of Bosnia and Herzegovina calls on members of the Central Election Commission to demand an emergency meeting and decide whether to sanction 13 political parties for the irregularities detected in 2010., highlighting that they cannot implement provisions of the new Law on Financing of Political Parties for offences committed two years ago.

Annulment of the Decision of the Central Election Commission to NSRZB is Unfounded

Press releases ● 22 November 2012

Banja Luka, 22^nd November 2012 – Transparency International Bosnia and Herzegovina (TI BiH) considers that the annulment of the decision of the Central Election Commission to sanction Narodna stranka radom za boljitak (People’s Party Work for Progress) is unfounded, and that the decision of the Appellate Division of the Supreme Court BiH impedes the effective implementation of the Election Law and the Law on Financing of Political Parties.

Even though the CEC has established a clear connection between the campaigns of the Ministry of Agriculture, Water and Forestry and NSRZB, including nearly identical visual identity and slogan, and has sanctioned the political party with a monetary penalty in the amount of 10,000 KM, the Appellate Division of the Supreme Court BiH considers that these campaigns are not connected. It has also been stated that the contract between the Ministry and the marketing agency was signed the day before the beginning of the election year. However, the campaign conducted by the Ministry, which has also promoted the vice president of  NSRZB, started and was carried out during the election year, and even before the beginning of the election campaign.

Furthermore, it has been stated in the decision of the Appellate Division that the CEC has made its decision based on the media reports, although TI BiH, which filed the report against this party, submitted signed contracts between the Ministry and S V – R.S.A Ltd. Sarajevo and Team System Ltd., and in addition the CEC was in possession of the complete documentation on the implementation of the campaign.

Despite the apparent violations of law and visible abuses, the decision of the Central Election Commission is annulled, which represents an additional blow on the trust in the judiciary and undermines consistency in law enforcement by the Central Election Commission.

TI BiH Started the Campaign at University of Zenica

Press releases ● 20 November 2012

This opportunity is being used for promoting newspapers which contain students’ stories on corruption in education, under the name ‘Corruption Circus’. In this way TI BiH tries to inform students of their rights, and to motivate them to confront and report corruption. TI BiH shall continue with the campaign at universities in Tuzla, Mostar, Banja Luka and Sarajevo.

Draft on the Law on Financing of Political Parties in BiH Encourages Corruption

Press releases ● 15 November 2012

Banja Luka, 15^th November 2012.- TI BiH considers that particularly problematic changes are related to the Article 6 which increases donations from legal bodies within a year, from the current 15 average wages (about 12,000) to 50,000, and the limit for individual persons is being increased from 8 salaries (about 6,400) to 10,000.

For the first time, a provision has been introduced which prescribes that a party member may remit an amount up to 15,000 KM (including membership fee) within a year, which provides opportunity for manipulation due to the fact that parties may have increased the number of fictively signed members to ensure large extent of allowable donations. Department of the OSCE Mission ODIHR in its analysis of the current Law on Financing Political Parties in BiH has clearly warned that the ‘’ risk of circumvention of restriction is presented by using mediators to carry out the payments’’.

Therefore, TI BiH appeals to delegates of the House of People of Parliamentary Assembly of BiH to reject the change in the Article 6 and prevent increasing limits on donations of the legal and individual persons, particularly introduction of a new member’s category. Instead of increasing the limits on donations and grants TI BiH invites delegates to incorporate into the legal provisions solutions for transparency and effective supervision of spending these funds.

Also, in accordance with recommendation of the Group of States against Corruption (GRECO) of the Council of Europe, in order to conduct effective oversight, TI BiH recommends the incorporation of single account for receiving donations and other sources of income, as well as payments of the costs of political parties and election candidates, into proposed provision.

TI BiH reiterates that under the Law on Financing of Political Parties in BiH tougher  sanctions for its violation must have been prescribed and defined, and strengthening the role and capacity of the Central Election Commission in the  process of controlling the financial operations of political parties.

Appealing to the delegates of the House of Peoples, TI BIH invites them to prevent destruction of legal framework and supervision of financing of political parties.

Narodna stranka radom za boljitak has been penalized based on TI BiH Report

Press releases ● 09 November 2012

Banja Luka, 9^th November  2012 – Based on the complaint filed by the Transparency International Bosnia and Herzegovina (TI BiH) to the Central Election Commission against Narodna stranka radom za boljitak (People’s Party Work for Progress), the Central Election Commission, has imposed the maximum fine prescribed by the Law in the amount of 10.000 KM fore violation of the Election Law.

In the statement of the Central Election Commission has been determined that, within the period from the date of announcement of the elections till the official start of the election campaign the, the party has been responsible for violation of the Rules of Conduct in the Article 16 Item 3 of the Election Law of Bosnia and Herzegovina, or the rules relating to promotion outside the prescribed duration of the campaign.

TI BiH welcomes the decision of the Central Election Commission, especially because of the fact that similar misuses of funds and functions of the Institutions by the parties in BiH have been present for years. Also, TI BiH hopes that relevant institutions shall examine the fact that the resources of the Ministry of Agriculture, Water and Forestry, in the amount of 3.7 million KM, have not been spent transparently. It has been also indicated in the reports of the Audit Offices of the FBiH that the funds have been used for personal promotion of Minister Lijanovic and promotion of the party of which he belongs to.

The decision of the Central Election Commission clearly displays the interrelation between  ’’Buy Domestic’’ campaign of the Ministry and the campaign of NSRzB. TI BiH expects from the Minister Jerko Lijanovic to show the minimum responsibility and resign from the post of Minister of Agriculture, Water and Forestry.

BiH is Still the Worst in the Region

Press releases ● 11 October 2012

Banja Luka 11^th October 2012.- The European Commission has published a Progress Report for Bosnia and Herzegovina  2012, which once again points out the inefficiency in curbing corruption in BiH. It is symptomatic that the European Commission has been repeating the same findings and recommendations, which the authorities in Bosnia and Herzegovina, according to the results of failing to meet the conditions for membership in the European Union, ignore.

In this year’s Progress Report, as well as in those of previous years, has been stated about insufficient implementation of the legal framework regulating the fight against corruption, especially the Law on Conflict of Interest, and the Law on Financing of Political Parties. The European Commission has once again pointed out the incompatibility of the Laws at various levels of government, especially the failure to adopt the recommendations of the Group of States against Corruption (GRECO).

Once again it was warned about the delay on the implementation of the Anti-Corruption Agency, and a general lack of capacity of the institutions which are supposed to enforce anti-corruption laws.

Judicial inefficiency and lack of prosecution of major cases of corruption, nepotism in the public sector, incompatibility of regulations in the access to information area, lack of protection of whistleblowers, etc. are problems which the European Commission has been indicating for years.  However, one of the conclusions, which has been repeated, is that BiH is at the beginning of the fight against corruption because of the lack of political consensus, and the fact that the fight against corruption remains only in the promises of the authorities without adequate actions.

TI BiH hopes that this Progress Report will serve as clear message to the leaders in BiH that current frivolous attitude towards the fight against corruption cannot lead BiH to membership in the EU, and the fact that countries in the region have not acquired the candidate status until they started with implementation of anti-corruption reforms and with decisive prosecution of  corruption cases, can serve us as evidence.

The Public Interest Has Been Ignored in the Process of Delivery of Information by the Institutions

Press releases ● 28 September 2012

Banja Luka, 28^thSeptember 2012- On the occasion of the Freedom of Information Day (28^th September) TI BiH has conducted research on determination of the level of implementation of the Freedom of Access to Information Act by the State authorities of Bosnia and Herzegovina.

TI BiH has send 148 requests for access to information, in which contracts on public procurement have been requested, to all ministries at the state level, the Federation of Bosnia and Herzegovina, the Republic of Srpska and departments of the Government of Brcko District.

Upon the expiry of the statutory time limit (15 days), out of the total number of the Institutions only 43% have responded promptly, while after direction of urgency another 38% of institutions submitted responses. However, 20% of institutions have not submitted response of any kind. So, due to administrative silence TI BiH has sent 26 complaints on violation of the Freedom of Access to Information Act and the Administrative Procedure Act.

On the other side, in 80% of the cases have failed the delivery of the information in the form of administrative act which suggests a high level of legal uncertainty in the process of providing information still exists in the institutions of BiH.

As well as in the previous research of TI BiH, being conducted every year in the occasion of the International Freedom of Access to Information Day, the apparent practice of improper exemption of public information or the failure to implement the public interest test has been noticed.

One of the causes of the legal uncertainty are decisions of the Agency for Protection of Personal Data, such as the prohibition of publication of assets declarations and limiting access to the judgments of the Court  of BiH, which in practice creates confusion and uncertainty. Considering the fact that the Institutions which should apply the Law on Freedom of Access to Information are not often capable to evaluate in which cases there should be the precedence in publishing information and in which the protection of personal data.

In accordance with the submitted initiatives to amend the Law on Freedom of Information at the entity level, TI BiH has maintained the stand that this should be brought in the line with the Law at the State level, especially in the introduction of sanctions for law violation.  It is necessary to conduct the authentic interpretation of the public interest test in terms of explaining and/or setting of additional evaluation criteria and rules of public interest benefits and social damage, as well as to ensure understanding of the purpose of the public interest test and mandatory rules before deciding not to provide information.

TI BiH is going to continue with its regular activities on the active advocacy of the right of free access to information in order to strengthen its affirmation and civil participation, especially to remember that this is one of the fundamental human rights and prerequisite for the responsible conduct of public institutions.

Street Action in the occasion of International Right to Know Day and Right2Know Party

Announcements ● 27 September 2012

Banja Luka, 27 September 2012. – On this occasion, TI BiH shall again inform citizens about their rights, how to address the Institutions and seek for information, and methods of exercising their rights.

During the street action, citizens will have an opportunity to fill in the requests for information from the institutions, based on existing templates, on the Transparency International’s booth. The Street Action will be held on the 28^th September 2012, on Krajina Square in Banja Luka starting from 13.00.

On the same occasion, on the 28^th September TI BiH organizes a party, called Right2Know Party, in DFK club where the performers will be Silicone Soul, a British duo who are considered as leaders of the UK club scene, Fakir (Noise Destruction), Forest People and Spark.

Conference “Informed Citizen – Accountable Government”

Announcements ● 26 September 2012

Banja Luka, 26 September 2012 –

On the 28th September, the International Freedom of Information Day, Transparency International Bosnia and Herzegovina (TI BiH) in collaboration with the Ministry of Foreign Affairs of the Kingdom of Norway, is organizing the conference “Informed Citizen – Accountable Government.”

The right of free access to information has been regarded as one of the fundamental human rights in all democratic countries and is guaranteed by all relevant international documents prescribing fundamental human rights. Without free access to information responsible and democratic governance cannot be imagined, as well as the participation of citizens in decision-making processes. In the past ten years, BiH and the Western Balkans region have moved a long way in the implementation of the right of Access to Information. After the adoption of the legal framework and defining of legal mechanism for access to information, there have still been existing significant challenges in realizing this right.

In accordance, the conference will serve as an opportunity to summarize the current state when it comes to the application of the right of Access to Information and public participation in decision-making in the country and the region, and provide appropriate recommendations based on past experience of the state institutions, civil society organizations and the media.

Corruption is the Biggest Problem in BiH

Press releases ● 19 September 2012

During the visit, the U.S. delegation talked with the staff of TI BiH about the situation in Bosnia and Herzegovina regarding effectiveness of the prevention of corruption, TI BiH activities and forthcoming steps in the fight against corruption.

Ambassador Moon emphasized that corruption is the major problem in BiH, and that if BiH wants to join EU everyone has to cope with corruption, including political leaders and citizens.

Executive Director of Transparency International placed particular emphasis on the problem of political corruption and said that according to TI research BiH is the worst in the region by the level of corruption.

Ambasador SAD u posjeti TI BiH

Press releases ● 17 September 2012

TI BiH Filed a Complaint Against Narodna stranka Radom za boljitak

Press releases ● 12 September 2012

Banja Luka, 12^th September 2012 –

Federation Ministry of Agriculture has launched campaign ,,Buy Domestic’’, which is financed from the budget of FBiH and used to promote Jerko Ivankovic- Lijanovic  and political party which he belongs to, at the very beginning of the election campaign. Hereby, the Law on Financing of Political Parties in BiH, by which it is prohibited financing from the budget or state authorities, has clearly been violated.

This campaign is another example of the misuse of public institutions and the budget for party promotion and collecting votes.

TI BiH urges the Central Election Party to sharply punish such abuses and calls to liability the leaders of People’s Party Work for Progress, especially bearing in mind that ,according to the media reports , for this campaign has been spent 330,000 €. TI BiH reminds that such practice is becoming more common in BiH because of the fact that the parties and their representatives are not being punished for law violations.

Only 2,4% of Anti-Corruption Measures have been Fulfiled

Press releases ● 08 September 2012

Banja Luka, 8th September 2012.– Transparency International Bosnia and Herzegovina has published the forth periodic report on the monitoring of implementation of Anti-Corruption Strategy for BiH (2009-2014). Monitoring results show that after almoust three years from the Strategy adoption, out of the total  number of predicted measures (81), only 2 were fully implemented, 32  partly implemented, while 47 measures (nearly 60%) were not implemented at all.

The dynamic of the Strategy implementation, and the fact that the funds for the Agency for Prevention of Corruption and coordination of the fight against corruption were provided with a delay  of two years, show there was no true will for its implementation that since the adoption of the Strategy  . However, although the founds have been finally approved by the budget of BiH institutions for 2012, planned number of employees has been reduced from 45 to 29, and its staff training has not started yet. On the one hand, BiH has been burdened by its heavy civil service administration , which is one of the reasons of high corruption level, while on the other hand it skimps on human resource for the most important anti-corruption body.

Hindering the work of the Agency has blocked implementation of other activities envisaged by the Strategy, and other institutions responsible for implementation of the Strategy, including the Council of Ministers, showed no initiative in the implementation of the measures, such as the modernization of public administration, protection of whistleblowers, staff training, improving procedures of  confiscation of illegally acquired assets, improving investigation for more efficient prosecution of corruption, etc.

Although some institutions have adopted their own anti-corruption plans, as it is envisioned by the Strategy, it was done on their own initiative, not under strategic guidance of the Agency, which clearly describes the attitude and approach to implementation of this important document.

Once they have finally fulfilled conditions for the commencement of the work of the Agency for the Fight against Corruption, the following essential steps will be to ensuring its integrity and independence, and then taking immediate and decisive actions on the implementation of the Strategy. Therefore, TI BiH appeals to all BiH institutions responsible for the implementation of the Strategy, to ensure smooth operation of the Agency, in particular to the Council of ministers whose indolence resulted in losing two years of work and questioned the overall implementation of the Strategy.

Increasing Number of Reports on Corruption

Press releases ● 04 September 2012

Banja Luka, 4th September 2012 – During the period from the 1st January to the 30th June 2012 Advocacy and Legal Advice Centre (ALAC) of Transparency International Bosnia and Herzegovina has received 112 civil complaints on the work of state authorities in Bosnia and Herzegovina, which is 35% more than last year. The highest number of reported cases, during this period, is related to the public administration sector (12%), followed by property rights (10.7%), education and access to information (9%) conflict of interest, and construction ⁄ public works.

As well as in the past two years, most of the reports in all areas were related to the irregularities and abuses in employment, where the apparent bias in the selection of candidates for various positions was noticed. The highest number of reports, even ten, refers to irregularities in conduction of competition for civil servants at all levels of the government, and employment of the staff in public enterprises and institutions. Also, three reports on irregular undergoing of appointments at all levels were received.  On the other hand, there were cases where the conditions for competitions were adjusted to pre-selected candidates.

It was noticed that the authorities do not inform people who have not passed the competitive hiring process, so that they do not provide a legal remedy in statutory time limit, during which it is possible to realize legal protection of their rights, and it is impossible to find out the criteria by which an applicant was appointed to the civil service and whether the same can satisfy conditions of the competition. In one of these cases, after a month of requesting the information, TI BiH received a response from the Ministry of Agriculture, Forestry and Water Management that the evaluation of the candidates in the interviews was carried out in accordance with the Rules of Procedure of the Commission, which was not available anywhere and that “the score given by each individual member of the committee is a secret“, which certainly leaves space for arbitrary evaluation.

TI BiH has continued focusing on conflicts of interest at various levels of government. Apart from keeping track on the 7 cases launched in 2012, in the first half of 2012 two new allegations on conflict of interest were submitted and forwarded to the Central Election Commission.  However, after submitting these reports, it is very difficult to get information on the actions taken in determining the existence of conflicts of interest. Therefore, TI BiH filed a complaint for not allowing insight into the case and  for exclusion of information in the case of determining conflict of interest of Nermin Niksic, for whom TI BiH was the one who filed a complaint to the Central Election Commission of BiH because the Prime Minister of FBiH signed a decree about appointing his brother to the position of Acting Executive Director of the public company ’’Federation Highways’’.

In Republic of Srpska, acting on a complaint by Transparency International BiH, RS Supreme Court has established the existence of conflict of interest in the case of Zvornik Municipal Assembly member, and ordered the Republic Commission for determining conflict of interest in institutions of RS to reopen the procedure, determine the existence of conflict of interest and to impose corresponding sanctions. These sanctions have not been implemented towards the elected official.

Despite the increase in the number of complaints is noticeable, citizens requests are still being visibly ignored by the institutions, for which citizens of Bosnia and Herzegovina address TI BiH, asking t for help in dealing with public institutions. An increasing number of received complaints indicates to the greater willingness of citizens to fight for their rights and oppose corruption, which is one of the main prerequisites for holding the government accountable to citizens, and TI BiH again invites all of those who were witnesses or victims of corruption to report all irregularities to the institutions or through the toll-free phone line 0800 55555.

Collegium of House of Representatives violated parliamentary procedures

Press releases ● 28 June 2012

By introducing the Law on Conflict of Interest in Governmental Institutions of BiH (first reading) on the agenda of BiH Parliament House of Representatives and not disclosing its content or authorized proponent, the Members of the Collegium violated the procedure seriously and threatened to cause total legal uncertainty with immeasurable consequences.

Namely, the agenda that was submitted to the Representatives of BiH Parliament House of Representatives, under the item 5 mentioned discussion on the Law on Conflict of Interest in Governmental Institutions of BiH (first reading), without disclosing the date and the number of the protocol, which is a common practice in parliamentary procedure.

BiH Parliament House of Representatives Collegium committed a serious violation of parliamentary procedure by putting non-exiting act up for discussion , which is unprecedented in democratic practice.

Once again, these actions clearly demonstrate that certain political parties are capable of violating the legal norms in institutions of BiH in order to achieve their own interest- in this case the complete abolition of conflict of interest in BiH.

Therefore, TI BiH invites the Legislative Committee and all representatives of the House of representatives to prevent such illegal act committed by the Collegium, and to return the whole process of making legislation to the legal and transparent procedures prescribed by the Rules of Procedures. The Representatives of BiH Parliament House of Representatives should immediately stop the tyranny and arbitrary interpretation of the regulations of the Collegium members, who have lately taken upon themselves a role that does not belong to them and which is often contrary to the procedural regulations.

Otherwise, there is concern of complete legal anarchy that could lead to a situation in which the contents of laawa, will be known only after adoption, even to the lawmakers in the highest legislative body, because adaption of laws in this  way becomes totally non-transparent and prevents access to the process of their adoption.

TI BiH has Appealed to the Constitutional Commission to Reject Amendments to the Law on Financing Political Parties

Press releases ● 01 June 2012

Banja Luka 01 June 2012 – Transparency International Bosnia and Herzegovina (TI BiH) has appealed to the Constitutional Commission of the House of Representatives of the Parliamentary Assembly to reject the amendments to the Law on Financing of Political Parties, considering the fact that by making changes to the Law in parliamentary procedure the rules for drafting legislation have been violated.

TI BiH has already warned that the Interdepartmental Working Group for amendments to the Law on Financing of Political Parties has violated the Uniform Rules for Legislative Drafting in the Institutions of Bosnia and Herzegovina, which dictate that the amendments to legislation should not exceed half of the content of the Act. Namely, in the case of the Law on Financing Political Parties 16 out of 29 Acts of the currently applicable law has been amended, accounting for 60% of the content. In this way, the members of the Interdepartmental Working Group have not only circumvented the rules and procedures, they have also acted contrary to the mandate entrusted by the Parliamentary Assembly.

It should be remarked that the proposed amendments to the Law on Financing of Political Parties, which include raising the limit on donations to parties and legalization of certain revenue sources that have so far been restricted, while at the same time the recommendations of international institutions to increase transparency and control over the use of funds have not been followed, strive to enable the  additional benefit to political parties as well as influence of the donor on the parties’ activities.

Therefore, the TI BiH hopes that the Constitutional Committee will recognize clear violation of the procedures as well as the adversity of the proposed solutions, and during amendment review process (4^th July 2012.) will reject the amendments to the Law on Financing Political Parties. Otherwise, it will leave the possibility for abusing similar procedures in the future, which may result in a complete collapse of the legal framework.