PRESS RELEASES AND ANNOUNCEMENTS

Republic of Srpska for sale by direct bargaining

Press releases ● 07 December 2011

Banja Luka, December 07, 2011. – Transparency International Bosnia and Herzegovina (TI BiH) calls for prevention of adoption of the legal solutions that would enable the sale of the community land by direct bargaining.

In fact, the Government of the Republic of Srpska announced new legal solutions that allow direct sales of building sites on the grounds, which would be applicable to municipalities “when it is in their interest to achieve certain investments, if it would result in the construction of factory operations, provide additional employment and create direct benefit to municipalities.” In this way, not only could any sale of land be considered an investment, but it could facilitate the sale at much lower price than the real one, bringing losses to municipalities and tremendous opportunity to private companies and individuals to make profit.

On the other part, given the close links between local government and private sector, especially construction companies, this could lead to numerous abuses and the sale of land would be completely transparent.

The Government of the Republic of Srpska is obviously trying to seize the opportunity to provide benefits at low prices to companies and individuals who are close to the government, according to which local-self government employees and citizens themselves would be aggrieved.

TI BiH once again appeals to the single institution to prevent adoption of such regulations and consider the damage of local budgets and citizens being caused by this practice.

For years BiH has been the only country in the region without progress in the fight against corruption

Press releases ● 01 December 2011

Sarajevo, December 01, 2011. – Transparency International launched the Corruption Perception Index (CPI) 2011 according to which Bosnia and Herzegovina has not achieved significant progress in fighting corruption, which shows the fact that BiH is ranked between 91st to 94th position in an index that covers 182 countries based on the perceived level of public sector corruption. BiH’s score in Transparency International’s Corruption Perception Index is only 3.2, ranging from 10 – no corruption to 1 – absolute corruption), the same as in 2010. Regarding the previous year, BiH has not made a move towards fighting against corruption, and when compared to the period between 2007 and 2011 it has not achieved significant progress

BiH is ranked lower than all of the former Yugoslavian republics, from which Slovenia with 35th place emerges in the highest position. Croatia is ranked 66th on the scale, Macedonia 69th, Serbia 86th, while UNMIK Kosovo is ranked in the112th place below the BiH rate.

The position of Bi in relation to these countries was no different in previous years, considering the fact that all countries in the region had approximate CPI scale scores five years ago. CPI shows that BiH still lags behind others in the region, needless to say of how much the situation in BiH has deteriorated in relation to developed European countries

In the view of deterioration of BiH, regarding other countries in the region, it has been shown in the Progress Reports of the European Commission, in which the Commission recommends granting EU candidate status to Serbia and the opening of accession negotiations between EU and Montenegro is adopted while Croatia will become a European Union member next year. BiH has received a negative assessment, particularly  referring to efficiency in the fight against corruption.

Therefore, institutions in BiH have to take such findings as a call to awakening and urgent action in order for BiH to keep pace with countries in the region and hope for some progress in implementing multiple reforms, and also to take a step forward for the European Union. Otherwise, BiH will lose the last chance to accede to the region and corruption may lead to the completely collapse of stability and endanger the future of the country.

Please find enclosed:

• CPI chart.
• Media report

TI BiH calls to an urgent prosecution for malversations in the construction of the highway Banja Luka – Gradiska

Press releases ● 30 November 2011

Banja Luka, November 30, 2011 – Transparency International Bosnia and Herzegovina (TI BiH) urges that the working results of determining the liability for malversations of the construction of the highway Banja Luka – Gradiska should be revealed to public, which was launched in 2009 by the Prosecutor’s Office of BiH, and it has recently been passed to the jurisdiction of the Special Prosecutor’s Office of the Republic of Srpska.

On the opening day of the highway, where the attendance of public officials from the country and region is being expected, it is necessary to mention the report of the State Investigation and protection Agency (SIPA), including allegations which raise doubts over validity of the award of contract for the highway construction. Mr. Dodik, as a former Prime Minister of the Government of the Republic of Srpska, is suspected of abusing the office and his power for adopting the resolution on conclusion of the annex to the original contract. Unfortunately, during the opening of a new section of the highway, it has been forgotten that its overall construction is disputable and that all limits and costs for its construction have exceeded.

Therefore, on this occasion TI BiH urges the Government of the Republic of Srpska to Srpska to provide the public with information on the current total costs of the highway construction and on additional costs for the future planned works, considering the fact that regardless of the ribbon cutting and the opening of the section, the highway has not been completed yet.

On the other part, TI BiH asks for an urgent prosecution for serious malversations and criminal acts in the construction of the highway and the Government building to which SIPA and audit reports repeatedly have pointed out. Despite the fact that more than 140 million KM have been misused, the judiciary remains silent.

Harsher penalties and stronger supervision over public officials and political parties suspected of violating the law

Press releases ● 29 November 2011

Banja Luka, November 29, 2011. — Transparency International Bosnia and Herzegovina (TI BiH) and Open Society Fund BiH (OSF) sent the Parliamentary Assembly the proposed amendments to the Law on Conflict of Interest, Law on Financing of Political Parties and Election Law BiH. The proposed amendments are primarily related to tightening sanctions for violating the law and narrowing possibilities of law misuse.

Within the Law on Conflict of Interest, the proposed amendments are intended to prevent the inappropriate transfer of public officials from the public sector to the private sector; then to oblige public officials to report changes in the assets during their mandate and what is more important to impose sanctions for incorrect and incomplete assets declarations. Transparency International BiH and OSF have proposed setting a deadline for decision making on conflicts of interest as to speed up the process and facilitate efficiency in identifying conflicts of interest.

Most of all, it has been proposed that penalties for conflicts of interest instead of 1,000 to 10,000 KM should be increased from 10,000 up to a maximum of 50,000 KM, as well as abolishing the mandate of public officials who are identified with a conflict of interest, given that they have remained in their positions so far and at the same time achieved great profit.

Within the Law on Financing of Political parties, the proposed amendments are related to imposing an obligation to publish the names of donors of political parties and removing limits on reported donations. In this way, parties would be obliged to report all donations not only the ones larger than 100KM.  In addition, TI BiH and OSF BiH suggest reducing the limit on donations to parties in order to prevent large donors from wielding improper influence over the work of political parties and their decisions. TI BiH and OSF BiH also recommend stricter sanctions including monetary sanctions of up to 100,000 KM and imposing sanctions on suspension of budgetary resources, given that most of the parties’ income comes precisely from the budgets of different levels of government. All the above mentioned is given to ensure that political parties comply with the law.  Stricter sanctions would enable stricter law enforcement particularly bearing in mind that current sanctions have been minor compared to breaches of political parties.

The proposed amendments of the Election Law relate to the extension of the BiH Central Election Commission’s competence i.e. introducing competences of the BiH Central Election Commission (CEC ) to inspect and control assets declarations of public officials, given that the assets declarations have been submitted so far but no one checked their accuracy, and officials had an opportunity to enter data without any consequences. On the other side, bearing in mind that the CEC BiH has been carrying out the audit of revenues since auditing the finances of political parties up to now, in the proposal of TI BiH and OSF BiH there is an emphasis on expenditures aimed at scrutinizing the flow of taxpayers’ money which parties get from the budget

TI BiH and OSF appeal to the members of the Interdepartmental Working Group and the Parliamentary Assembly to demonstrate trust and openness to suggestions from civil society and to take advantage to improve these harsh anti-corruption laws. What is most important is to establish a strengthened surveillance system for the funding of political parties and assets declaration of public officials through these amendments, and to impose harsher penalties for those who violate the law

Media and NGOs must not make compromises and jeopardize their independence, but institutions also have to give their straight response

Press releases ● 23 November 2011

Sarajevo, November 23, 2011 — On November 22^nd and 23^rd , Transparency International Bosnia and Herzegovina (TI BiH) and the International Civil Rights Defenders held a two-day regional conference “Role of civil society, citizens and media in the Western Balkans: challenges as opportunities.” The conference brought together representatives of civil society and the media from BiH, Croatia, Serbia, Albania, Kosovo, Montenegro and Macedonia, who have distinguished themselves in the fight against corruption and human rights violation.

The main objective of the conference was primarily to compare the state of civil society and their efficiency in supervising the work of authorities and protecting the civil rights in the region, and to reconsider roles of civil society organizations in situations where their power decreases. However, in their opening remarks at the conference, Goran Miletic, regional director of CRD for the Western Balkans and Emir Djikic, Chair of the Board of Directors of TI BiH, gave their general assessment that despite the efforts of civil society and pressures on governmental institutions their effect weakens. When it comes to BiH, there is a conclusion that civil society was more active and stronger 15 years ago than today.

Therefore, the focus of the panel discussion was on the accountability of NGOs and obstacles they put before them in the struggle for civil rights rather than on the criticism of authorities that exert pressure on civil society. Concerns facing the civil society do not come from attacks, pressures and lack of cooperation with governmental institutions but also in compromises made by the organizations, lack of objectivity and independence of the organizations, which often serve as the right hand of authorities. Their action or inaction affects the reputation of the entire NGO sector and public confidence that NGO will truly represent their interests. Munir Podumljak, director of Partnership for Social Development, the organization which is actively fighting against corruption in Croatia,  has given a cross-section of non-governmental organizations which, in order to meet the project objectives, often establish partnerships with authorities that have already been set out as the reason for corruption, while at the same time there is no coalition building with citizens whose interests these organizations should represent.

The first day of the conference was dedicated to the analysis of the state of freedom and media independence, and its role in representing civil rights by the civil society according to the fact that there is no successful fight against corruption without a free media. The legal framework, which restricts the work of journalists and their media ownership, has largely jeopardized the independence and media objectivity. Media ownership changes, which resulted in shutting down a significant number of media that had represented a major criticism of the government, seem to be as the main problem in the region.  On the other hand, media owners are often associated with political parties, what proves that the full editorial policy of some media is changing after a change of ownership. Traditional media such as television and the press are becoming greatly worried with the ownership and political interests, while the biggest opportunity for freedom of the media, as well as reporting on issues related to all citizens, has become recognized in new media, web sites which are taking an increasing role of sources of information, and encouraging online activism through social networks.

It was highlighted that maintaining integrity and absolute independence are the most important way to gain legitimacy, regardless of the pressures of government and donors, which requires a great deal of courage for confrontation with those who are involved in corruption or violate human rights. Only such example can actuate the citizens to fight themselves for their rights and to realize that something might be able to change

The second day of the conference was dedicated to the protection of individuals who dare to report corruption and human rights violation. Vesna Balenovic, president of the association “Zvizdac” (Whistleblower) from Croatia, shared her experiences and pressures she had suffered after reporting corrupt activities in INA where she worked and got the sack for that. Regardless of difficulties and attacks, she has managed to uncover the corruption scandal and to obtain the judgment of the court, giving an example to others how a single person can still counteract the system. A web portal “Pistaljka” (Whistle), whose aim is to receive allegations of corruption within different institutions, was also presented at the conference, but the information they have gained from Serbia are devastating – only 2.5% of employees are willing to report corruption within the institution. The main reason for that seems to be fear of consequences, because majority of those who dare to report corruption are mostly fired, neglected or marginalized in the workplace, and endure threats by their employers, instead of being rewarded for such an act.  However, it has been noticed that there is a positive trend when it comes to the awareness of the media about whistleblower-related issues and that media is in fact the greatest guarantor of safety for whistleblowers, which may generate public pressure on authorities to punish those involved in corruption scandals

Such examples, regardless of the evident lack of whistleblower protection and protection of civil society organizations in the fight against corruption, can certainly instill courage to further efforts indicating corruption. However, we cannot expect only media and civil society organizations to endure most of the fight against corruption if there is no functioning of all segments of democratic system and the possibility for undisturbed work in the fight against corruption. On the other hand, the state’s responsibility is to provide protection for whistleblowers within the legal framework and through its consistent implementation, which does not include only protection of those who report corruption but also effective prosecution of criminal offences to which they point.

If there are no adequate responses from institutions, judiciary in the first place, to the cases media and organizations are speaking about, those who point to corruption are usually the ones who pay its price –  starting from journalists who lose their lawsuits in court and pay large libel damages due to connection between judiciary and government, through civil society organizations who have to make double efforts to prove their credibility as a result of authority attacks, up to individuals who are destined to fight alone against the whole state system.

Regional conference on the role of media and civil society in the Western Balkans

Press releases ● 18 November 2011

Sarajevo, November 18, 2011 — Transparency International Bosnia and Herzegovina (TI BiH), in cooperation with Civil Rights Defenders, organizes a two-day regional conference “Role of civil society, citizens and media in the Western Balkans: challenges as opportunities.”

Twenty years after the events in Eastern Europe had happened, which have irretrievably  changed the whole Europe, was a period in which civil society, citizen activism and the media were trying to take back the position they originally possessed in developed democracies. Their development path in the Western Balkans was far more difficult since it was led by eventful years of dramatic armed conflicts, crimes of inter-ethnic intolerance and consolidation of countries with organized crime.

The contribution of civil society organizations, effective citizen engagement and a free media to the normalization of countries in the Western Balkans has been invaluable, often requiring a great personal courage and sacrifice. Although the situation in the countries of Western Balkans has changed over past twenty years, there is still a constant necessity for a strong civil society and a free media. Their contribution will essentially determine further progress and reforms in the Western Balkans countries, with the objective of preventing corruption and organized crime, and human rights protection, reconciliation and strengthening the regional cooperation

Numerous obstacles and threats to their activities are still very much present – from political pressures and threats to an open attack to physical integrity of journalists and activists. How to ensure the independence of civil society organizations, citizens and media, their influence on those who take decisions while simultaneously ensuring a safe environment in which they operate, as well as using capacities offered by new technologies, are the questions to which prominent journalists, activists and NGO representatives from the countries of Western Balkans will try to respond..

The conference will include 4 panels, i.e. key themes:

• “Accountable and transparent government: Role of civil society and citizens”
• „Media in the Western Balkans: Between conditional discharge and unconditional responsibility”
• „Who protects the protector ( of human rights and freedom, freedom of the media, public interest) “
• „Online activism – future has begun”

The conference will take place on November 22 and 23, 2011. in the hotel “Europa” in Sarajevo and the event will be open for media representatives. Please find enclosed the agenda of the conference.

Back to a time of political control over the police

Press releases ● 15 November 2011

Banja Luka, November 15, 2011 – Transparency International Bosnia and Herzegovina (TI BiH) strongly condemns the decision of the Government of the Canton Sarajevo to adopt amendments to the Law on Internal Affairs, according to which the existence of the Independent Commission for police commissioner elections is to be abolished, and that the Parliamentary Committee, composed of representatives of political parties will be in charge of police commissioner elections.

TI BiH believes that such law calls into question the independence of police commissioner elections and its work, allowing partisanship in elections, what is particularly dangerous for police work and its efficiency that should have full independence and autonomy in law enforcement.

On the other part, the adoption process itself was extremely non-transparent, according to which interested political actors and the police to which the Law applies were not involved in a public hearing.  It should be noted that the Government of the Canton Sarajevo turned a deaf ear to appeals of the head of the EU Delegation in BiH, Peter Sorensen, and the High Representative in BiH, Valentin Inzko, and that the amendments to the Law are inconsistent with democratic principles and their pleadings to wait for the European Commission’s opinion on the harmonization with European practices and Venice Commission’s analysis.   The Government of the Canton Sarajevo has adopted the amendments to the Law on Internal Affairs without a detailed analysis and a public hearing under the emergency procedure, and it has also announced amendments to the Law at the level of  FBiH.

TI BiH notes that such practice brings BiH back at a time of political control over the police and may lead to the pernicious instrumentality of the police for political purposes.  At the same time, TI BiH urges competent authorities to prevent the introduction of such amendments to the Law of the FBiH , as has already been announced, since it would mean a complete return to the dark history when the police were accountable to the party but not citizenry, and was obliged to fulfill the commandments of the party leaders.

Lack of will to prevent conflicts of interest in BiH

Press releases ● 10 November 2011

Banja Luka, November 10, 2011. — Transparency International Bosnia and Herzegovina (TI BiH) issued a report on monitoring the improvement of the legal framework and the implementation of the Law on conflict of interest in Bosnia and Herzegovina for 2011, which was carried out within the monitoring of BiH’s progress in the implementation of anti-corruption reforms. Monitoring results primarily indicate the need for improvement and harmonization of laws that are treating the institute of conflict of interest at different administrative levels in BiH, what has been recognized by national institutions and by relevant international organizations dealing with this issue.

After unsuccessful attempts to amend the Law on conflict of interest BiH during 2010. and delays in formation of the inter-working group for law amendments, memebers of the group were finally appointed in October 2011. Civil society has also been summoned to propose possible law amendments, which is the only positive innovation in the process of improving the legal framework, hoping that recommendations of the institutions dealing with the analysis of the Law on conflict of interest will be observed this time.

However, there is still a concern about the lack of political will to harmonize entity laws on conflict of ineterst with the Law at BiH level. There are numerous discrapencies among these laws that are evident in relation to persons to whom these laws apply, as well as sanctions for identified cases of conflicts of interest. Particularly problematic is the Law on prevention of conflict of Interest in governmental institutions of Republic of Srpska (RS). TI BiH has been directing attention to it since its adoption in 2008, because it legalises a wide range of conflicts of interest, as seen through a prism of positive legislation, and creates problems for the Commission for the resolution of conflicts of interest in its implementation. The Commission itself has issued an initiative for the Law amendments to the National Assembly of RS. Although Republic of Srpska Government has rendered a decision to entrust the Ministry of Administration and Local Self-governance with the task to access the Law amendments in 2011, draft amending law still hasn’t been referred to the parliamentary procedure .

In the latest Progress report on BiH, the European Commission has emphasised that the legal framework is neither harmonized nor sufficiently restrictive in terms of punishing the conflicts of interest, and its implementation is still inadequate. Insufficient level of law enforcement is caused by the lack of capacity of the Central Election Commission BiH and Republic of Srpska Commission, and by the poltization of these institutions and pressures on them made by government authorities. Of the total number of sanctions pronounced by the Central Election Commission, only 2 i.e. 6% of the sanctions refer to officials who discharge their duty at the state level, and none of the sanctions is relating to officials at the entity level, which clearly approves that the vast majority of officials at lower levels are being sanctioned, while those at state and entity levels are practically intangible. On the other hand, the Commission at the level of Republic of Srpska pronounced only six sanctions during 2010, what represents an irrelevant number for the analysis of their structure.

This is why it’s necessary to seize the chance for improving the Law on conflict of interest BiH, and then to harmonize the entity solutions with the Law at the state level. The most important recommenadtions for law improvement are as follows:

1. To tighten sanctions so that conflicts of interest couldn’t be effective in relation to the sanctions for breaking the law.
2. Preventive control over assets declarations of officials and statutory sanctions for their inaccuracy.
3. It is necessary to set the period for the initiation of proceedings and decision making on conflicts of interest with the aim of making commissions’ work more effective.

TI BiH once again appeals to legislators to consider current barriers when preventing conflicts of interest, and to assume responsibility and introduce necessary changes in the legal framework, so as not to let another chance to be lost for its improvement due to the lack of will and agreements of those to whom laws on conflict of interest apply.

Bosnia and Herzegovina a police state?

Press releases ● 27 October 2011

Banja Luka, October 27, 2011 – Transparency International Bosnia and Herzegovina (TI BiH) considers the decree of the Minister of Internal Affairs of Sarajevo canton Mehmed Budimlic to launch the criminal investigation against the magazine “Slobodna Bosna” as entirely unacceptable and unlawful.

TI BiH appeals to the Ministry to give the explanation on which legal frameworks the launching of such investigation against the media is based on, particularly bearing in mind that the decree was sent after “Slobodna Bosna” had published the article about the minister himself

This kind of pressure on the media represents a return to the totalitarian regime and absolutely violates freedom of speech and freedom of expression. TI BiH also reminds us that there are legal means of protection against defamation, if the minister’s prestige has been damaged by the article in “Slobodna Bosna”, which doesn’t include the launching of criminal investigation against the media and journalists.

It is obvious that this case deals with illegal attempts of confrontations with the media and with the crudest violation of human rights and freedoms. Therefore, TI BiH invites the minister Budimlic to give in his resignation at once unless he cannot prove the legality of such proceedings, because the use of investigative bodies for personal confrontations seems inappropriate for a Minister of Internal Affairs who grossly violates laws instead of enforcing it.

New attempts of RS Government to weaken control over their expenses

Press releases ● 19 October 2011

Banja Luka, October 19, 2011 – Transparency International Bosnia and Herzegovina (TI BiH) disapproves new attempts of Republic of Srpska Government to challenge the role and work of the Supreme Audit Office for the Public Sector Auditing of RS.

The Government’s proposal to revise the Audit Service, after following the Auditor’s report on the budget’s fulfillment that indicates a much larger deficit than the Government has presented, represents a clear attempt to exert pressure on the Supreme Audit Office, avoiding any responsibility of the RS Government for expenditure of the budgetary resources.

On the other hand, placing the Audit Service under Government’s scrutiny represents a direct attack on the independence of this institution and such a step would reduce the role of the audit, particularly bearing in mind that its findings have not been respected nor the recommendations of this institution have been applied yet.

TI BiH urges the executive power once again to stop interfering with the institutional work that should play an oversight role, and to allow at least a minimal level of independence and the smooth running of these institutions in order to make the Government of Republic of Srpska accountable for its actions.

Step backward in fight against corruption

Press releases ● 13 October 2011

Media in BiH gives superficial and sensationalist reports on corruption

Press releases ● 30 September 2011

Citizens have to wait more than a month for a response from public institutions

Press releases ● 28 September 2011

Roundtable in the occasion of the International Right to Know Day

Press releases ● 27 September 2011

Street campaign on the occasion of the International Right to Know Day

Press releases ● 27 September 2011

Roundtable in the occasion of the International Right to Know Day

Announcements ● 27 September 2011

Sarajevo, September 27, 2011. –Transparency International BiH is organizing the round table with the aim to mark September 28, the International Right to Know Day. This significant day provides an opportunity for an open discussion about the current state of respecting the right to free access to information, as a fundamental human right and a basic assumption of strengthening the accountability of public officials.

Regarding this, the main objective of the roundtable is to provide a review of the current state of respecting the rights to free access to information, the capacity of institutions for the implementation of the Freedom of access to information act as well as on the current initiatives for improving and harmonizing the legal framework in this area. During the round table, a survey of Transparency International BiH on the implementation of the Freedom of access to information act in BiH will also be presented.

The round table will be held on Wednesday, September 28, 2011. at Hotel Europe in Sarajevo, beginning at 11:00 and will be open for media representatives. To see the agenda of the round table, click here.