PRESS RELEASES AND ANNOUNCEMENTS

ADOPTION OF THE DRAFT AMENDMENT TO THE CRIMINAL CODE OF THE REPUBLIC OF SRPSKA, CRIMINALIZING DEFAMATION AND INSULT IS A PRELUDE TO OPEN REPRESSION

News ● 23 March 2023

Banja Luka, March 23 – Despite numerous warnings and reasoned criticisms from journalists, civil society organizations and the international community, including reactions of rapporteurs of the United Nations, the European Union, the OSCE, the Council of Europe and numerous others, the ruling regime by adopting the Draft Amendments to the Criminal Code of the Republic of Srpska, in violation of the procedures that prescribe the method of law preparation, confirms dangerous intentions to create legal prerequisites for open repression by draconian punishment of citizens for expressed views and opinions.

After a lynching atmosphere was created and orchestrated from the highest level of the executive power in which the targets of persecution were journalists and activists, the adoption of the draft of the Criminal Code of the Republic of Srpska confirms the readiness to go one step further in the process of unscrupulous and systematic suppression of rights and freedoms.

As has been warned, the changes in the law are disputed both from the procedural aspect, i.e. their legality, as well as from the substantive side in terms of their legitimacy, i.e. public interest. The changes to the law themselves were not foreseen in the work plan of the Ministry of Justice, which even a few days before the public announcement did not have information about their preparation, while the explanation even contained incorrect information that these disputed articles were published in a draft. Elementary standards of consultation with the public were not respected, nor were other conditions met to carry out an appropriate assessment of the impact of regulations and to elaborate the purpose and reasons for the adoption. This indicates that the changes themselves were prepared outside the prescribed institutions and procedures.

Essentially, the foreseen changes are controversial and dangerous in many ways, apart from being inconsistent with the existing legal framework, while draconian punishments will additionally create an atmosphere of fear of criticizing the government’s work.

The introduction of freedom of speech into the domain of consideration in criminal proceedings will create numerous obstacles for the work of media throughout Bosnia and Herzegovina, but it will also affect the freedom of every citizen to speak publicly or present any information and views.

Provisions which introduce criminal offenses against honor and reputation in the Criminal Code of Republic of Srpska cannot be corrected and improved by public discussion, and the only solution is to delete them completely. Faking a public hearing is solely for the purpose of creating the appearance of public participation in decision-making.

Therefore, we invite the proponents to withdraw the proposed solution and note that the public discussion can only be used to withdraw the disputed provisions, because any criminalization of defamation represents a big step back in the protection of freedom of expression.

Press rls_23.03.23_

Stop Intimidation and Attacks on Human Rights Activists

Press releases ● 19 March 2023

Banja Luka, March 19, 2023 – Transparency International in BiH condemns the attack on activists that took place in front of the TI BiH office on March 18, 2023 during an internal meeting of activists. TI BiH believes that this attack is a direct consequence of messages sent from the highest level of government, labeling and intimidating activists who fight for human rights. Such messages gave impetus to violence by an organized group of hooligans, which led to injuries and endangered the lives of individuals.

TI BiH calls for these, and all other attacks that occurred in the previous period, to be investigated and severely sanctioned as soon as possible, and to provide protection to citizens. We also call on the authorities in Republic of Srpska to stop targeting and inciting the public against activists, journalists and civil society, in order to prevent new attacks and further escalation of violence.

Press rls 19/3/2023

The UN Special Rapporteur Requests the Withdrawal of Changes to the Republic of Srpska Criminal Code: This is a Big Setback in the Protection of Freedom of Expression

Press releases ● 15 March 2023

Banja Luka, March 15, 2023 – The UN special rapporteurs for the protection of the right to freedom of opinion and the right to freedom of peaceful assembly asked the authorities of the Republic of Srpska to withdraw the changes to the Criminal Code of the RS criminalizing defamation, and this reaction followed the initiative of several civil society organizations, including Transparency International in BiH. In the published letter, the UN rapporteurs analyzed the articles of the law in detail and warned that an arbitrary interpretation of numerous provisions could serve to suppress freedom of speech and expression.

As stated, Article 208a criminalizes the ‘insult’ of another person, and as the term “insult” is very subjective and open to the most diverse interpretations, there is a risk of arbitrary interpretation, which may preclude political cartoons or satire against political figures, which are permitted forms of expression. Also, Article 208c(1) criminalizes if someone “conveys anything from the personal or family life of a person that may harm his or her honor or reputation” and the proposed provision does not establish reasonable exceptions, such as e.g. disclosure in the public interest.

It is also stated that certain provisions may have a harmful effect on the freedom of press by encouraging journalists to self-censor, and it is particularly emphasized that fines are disproportionately high.

The imposition of prison sentence, on the basis of the draft amendments to Article 340, allows serving a prison sentence of up to two years. In this regard, we would like to reiterate the statement of the Human Rights Committee, which emphasizes that a prison sentence can never be an appropriate punishment for defamation,

state the UN rapporteurs, who in their letter recognized the initiative of civil society organizations about the procedural shortcomings of passing the law.

That is why the competent authorities were asked to explain the procedural omissions pointed out by the TI BiH to the Legislative Committee of the National Assembly of the Republic of Srpska, because the text of the preliminary draft and the draft differ, more precisely, the provisions on defamation were inserted later to avoid public participation.

–We were informed that two different versions of the draft amendment were published, the first in February, although no one seems to have seen the draft at the time, and the authorities stated that no draft existed, and the second draft on March 3, 2023. It seems, however, that the chapter on crimes against honor and reputation was not included in the first version. In the explanation of the draft amendments published on March 3, 2023 the Ministry of Justice indicated that it had not received any comments or suggestions by the set deadline of seven days after the publication of the draft in February.

stated by reporters looking for an explanation of how the Ministry ensured the implementation of adequate public consultations.

It is also recalled that the Human Rights Committee emphasized that defamation laws “must not, in practice, serve to stifle freedom of expression”, and that countries should consider the decriminalization of defamation, which was done by Bosnia and Herzegovina, providing a good example in the region 20 years ago. The reporters state that the adoption of these changes would represent a major setback in the legal framework for the protection of freedom of expression in BiH. Also, the proposed amendments would be contrary to the global trend of decriminalization of defamation, which includes the European region, where several EU member states and EU candidate states have abolished criminal defamation, or have taken steps towards its abolition.

Practice in countries has shown that criminal defamation laws are often used against journalists, political opponents, human rights defenders, and other persons who are critical of government officials and policies. The prosecutorial powers of the countries are actually being used to silence legitimate political criticism, according to the memo signed by Irene Khan, Special Rapporteur for the Promotion and Protection of the Rights to Freedom of Thought and Expression and Clément Nyaletsossi Voule, Special Rapporteur for the Rights to Freedom of Peaceful Assembly and Association.

Press rls_15.03.23_

Ref.: OL BIH 1/2023 ENG

Ref.: OL BIH 1/2023 BHS

TI BIH condemns the attack on Banja Luka journalists and activists: The government creates an atmosphere of public lynching of dissenters

Press releases ● 09 March 2023

Banja Luka, March 9th  2023 – Transparency International in Bosnia and Herzegovina strongly condemns last night’s attacks on the property of journalists Nikola Morača and Aleksandar Trifunović that happened in Banja Luka, as well as yesterday’s threats and insults against journalist Siniša Vukelić and other representatives of independent media by the President of Republika Srpska Milorad Dodik. 

TI BiH believes that it is no coincidence that these attacks took place after a new series of open pressures and threats addressed to independent media by Milorad Dodik and his announcements of passing restrictive laws that would create preconditions for the institutional persecution of dissidents. It is also indicative that the target of the attack was Nikola Morača, the journalist who was recently the target of investigation and public criticism of the MUP of the RS due to his work. TI BiH also strongly condemns yesterday’s hooligan attack on activists and participants of the “8th March march” in Banja Luka, and all this is happening in an atmosphere of public lynching created by the government against political dissidents. 

The pressure on independent media, activists and civil society organizations increased after the parliamentary procedure for changes to the Criminal Code of the RS, which re-introduces the criminalization of defamation, and yesterday Milorad Dodik announced the adoption of a restrictive law on non-governmental organizations. There have been similar announcements before as the government repeatedly labeled media and civil society organizations that are now officially discredited and disabled in their work. 

TI BiH believes that the goal of these laws is nothing more than the creation of preconditions for institutional persecution and intimidation of independent journalists, media and non-governmental organizations that point to corruption, violation of human rights and other deviant phenomena. 

Instead of dealing with the widespread occurrences of corruption and lawlessness, the government in the RS clearly intends to silence those who point to it and create conditions in which it will not be possible for the media and organizations that are not under the control of the government to act. 

Press rls_09.03.2023_

Bosnia and Herzegovina: Reject criminalization of defamation

Press releases ● 08 March 2023

Berlin, 8. mart 2023. – On Thursday 2 March, the Bosnia and Herzegovina entity Republika Srpska adopted draft amendments to the criminal code that would re-criminalise defamation. This is an alarming development that, if approved by the National Assembly, would endanger free speech and allow for prosecution of journalists, civil society and anyone who speaks up. Transparency International urges policymakers to reverse this dangerous direction and protect freedom of expression at a time when civic space is threatened across the country. We call for the Ministry of Justice to withdraw the proposal, and for National Assembly members to reject the provisions in discussion.

Amidst ongoing pressure on journalists and others critical of the government, the proposed provisions seem designed to encourage censorship and block criticism of the regime and other powerful figures. The draft allows for arbitrary interpretation of what constitutes an insult or the “ intent to incur damage to someone’s reputation or honor”, and even bans reference to someone’s family circumstances, which could block reporting on conflicts of interest that arise from family ties. These can be applied to anyone – from journalists to organizations reporting on corruption and even members of the public who speak up via social networks. The penalties for violation are very high, allowing for fines of over US$60,000.

Defamation is frequently used as a justification to curtail dissent. International bodies such as the UN Human Rights Committeeas well as the European Union, have repeatedly underscored the dangers of criminalising defamation, and called for it to remain a civil matter. Proponents of the new amendments in Republika Srpska claim they are in line with EU practices, but such harsh provisions clearly contradict EU stances. In their statements, officials have openly admitted they want to introduce order and end “abuse of public space”.. Republika Srpska first decriminalized defamation in 2000, making these new developments a reversal that would threaten already fragile freedoms.

Bosnia and Herzegovina has significantly declined on the Corruption Perceptions Index in recent years,dropping eight points since 2013, in part due to the capture of government – especially the judiciary. Allowing more leeway to criminalise the expression of opposition will only further hinder democracy and basic rights in the country.

Daniel Eriksson, CEO of Transparency International, said:

“Freedoms of expression and the press are essential to hold power to account. At this critical time, the media, civil society and the public must retain the ability to shine a light on corruption and other abuses to prevent Bosnia and Herzegovina from falling further into authoritarianism. Transparency International calls on policymakers to stop such dangerous proposals and protect free speech and democracy.”

TI BIH: Citizens Most Often Report Corruption in State Administration; They Trust the Non-Governmental Sector More Than Official Institutions

Press releases ● 07 March 2023

Banja Luka, March 7, 2023 Transparency International’s Legal Aid Center in Bosnia and Herzegovina handled 302 cases related to corruption and violation of citizens’ rights last year, which is 14% more than in 2021, and received over 1,560 calls from citizens who have sought legal assistance or advice. It is important to say that in the 37 initiated cases, the complainants belong to the category of “whistleblowers”, i.e. persons who report corruption in the workplace, and most of them are from the Federation of Bosnia and Herzegovina, which has not yet adopted a law on the protection of corruption whistleblowers.

The law exists at other levels, but the number of applicants who turn to the TI BiH address far exceeds the number of those who receive the status of protected corruption applicants from the competent institutions, which clearly shows that citizens have less and less confidence in the system.

The largest number of reports, 137 of them, was relating to the state administration sector, and citizens mostly reported cases of non-action by inspection bodies, irregularities in the employment processes in public and other institutions and public companies, and an increasing number of public tenders cancellations in order to avoid setting the top-ranked candidates.

When it comes to specific examples, after the action of TI BIH, administrative inspectorate found that the former director of the Institute for Public Health Zeljković was illegally employed as an expert advisor in the Republican Administration of Civil Protection of the Republic of Srpska, managed by his party colleague Milan Novitović. He changed the regulation to enable Zeljković and his deputy Nenad Ćuk to remain in office, and due to non-compliance with the orders of the administrative inspectors, a misdemeanor proceeding was initially initiated against Novitović followed by a criminal proceeding by the competent prosecutor’s office.

We remind that Zeljković’s trial began last year for illegal procurement during the pandemic in a case reported by the TI BiH in 2020.

TI BIH initiated 22 administrative disputes due to violations of the provisions of the Law on Freedom of Access to Information, and during 2022, 21 administrative disputes were resolved in favor of TI BiH. Of the more important cases, it is important to point out that TI BIH won a dispute against the Ministry of Transport of the Republic of Srpska before the District Court in Banja Luka, which illegally hides the contract of the Banja Luka-Prijedor highway, but the government decided to ignore the court’s decision, which is why TI BIH launched a new administrative dispute.

In the election year, TI BIH submitted 79 reports to the Central Election Commission for violations of election legislation, 17 of which refer to misuse of public resources under new provisions imposed by the OHR. According to those provisions, among other things, sanctions were imposed on the mayor of Laktaši who organized a party rally during public works, as well as the mayor of Zenica who gave a political speech at a public event.

During the last year, TI BIH initiated 32 cases related to the existence of conflicts of interest before the competent institutions. In one of those cases, the Central Election Commission revoked the mandate of Aladin Ćerimović, a councilor in Velika Kladuša, who was in a conflict of interest on as many as four grounds. Also, the competent Commission determined that the former councilor in the Prnjavor Municipal Assembly, Bogoljub Sančanin, was in a conflict of interest because he led, at the same time, a municipal veterans’ organization that received more than the allowed BAM 100,000 per year from the local budget, and decisions are still awaited in several similar cases.

Also, the Commission for deciding on the conflict of interest at the BiH level has not yet decided on the TI BIH application against the former member of the BiH Presidency, Milorad Dodik, because the companies owned by his family do business with the state and receive significant incentives from the budget, which is prohibited by law. A decision is also awaited on a significant complaint against the current Minister of Justice of the Republic of Srpska, Miloš Bukejlović, who, before being appointed to this position, simultaneously held six positions that were incompatible on several grounds.

While on the one hand, evident violations of the law go unpunished for years, Bukejlović, from his new position as the Minister of Justice of the Republic of Srpska, is initiating changes to the Criminal Code of the Republic of Srpska, seeking to silence activists, journalists, media and civil society organizations that point to such phenomena. That is why TI BiH, in cooperation with civil society organizations, requested the withdrawal from the procedure of the law criminalizing defamation in the Republic of Srpska and introducing draconian penalties for “injury of reputation and honor”.

TI BiH believes that not only would these changes set back freedoms and introduce censorship, but with such judicial institutions that are subject to political influence, the criminalization of defamation would only further lead to the persecution and intimidation of those who point to corruption.

Press rls_07.03.2023_

TI BiH Legal Aid Center for 2022

TI BIH Asked the Ministry of Security of Bosnia and Herzegovina to Declare Whether Žarko Laketa Passed the Security Checks During the Appointment

Press releases ● 13 February 2023

Transparency International in BiH asked for information on the appointment of the new director of the Service for Foreigners’ Affairs from the Ministry of Security of Bosnia and Herzegovina and the related Inspectorate, Žarko Laketa, who, according to media reports, did not pass security checks and does not have the necessary work experience to perform this function.

The Ministry, as well as other representatives of the Council of Ministers, have not yet denied the allegations that the Inspectorate informed them before the appointment that Laketa does not meet the requirements, because he has a final conviction for a criminal offense, does not have a permit to access classified information marked “highly confidential” and does not have at least three years of experience in jobs related to the movement and residence of foreigners.

Since the controversial appointment was still made at the last session of the Council of Ministers, TI BiH requested a statement from these institutions believing it is an unacceptable practice for potentially ineligible persons to head law enforcement agencies. If it turns out that the Council of Ministers ignored the warnings and positions of official institutions and despite this made an illegal appointment, there are indications that those responsible committed acts that fall under the sphere of criminal responsibility.

Another problem is that the new composition of the Council of Ministers, in addition to continuing the practice of public party distribution of positions in institutions that should be independent, enters the new mandate with a series of controversial decisions and appointments without implementing procedures prescribed by law, which once again sends the message to citizens that state institutions are the prey of political parties and interest groups and their mutual agreements.

Press rls_13.02.22_

BOSNIA AND HERZEGOVINA WORST IN THE REGION ACCORDING TO THE CORRUPTION PERCEPTION INDEX: BIH COMPLETELY DEVASTED BY CORRUPTION – THE SITUATION IS GETTING WORSE

News ● 31 January 2023

Sarajevo, January 31, 2023 – Bosnia and Herzegovina once again fell behind in this year’s survey of the Corruption Perception Index (CPI) published by Transparency International (TI) and ranks by far the lowest in the region and third worst in Europe when it comes to the state of corruption in the country. Only Russia and Ukraine achieved a result worse than Bosnia and Herzegovina, which, with a score of 34 on a scale of 0 to 100, is among the countries where the state of corruption is worsening the most. While numerous countries in the region are moving forward, Bosnia and Herzegovina has fallen as many as 8 index points since 2012 and, along with Turkey, in this year’s TI global report, was singled out as an example of the biggest decline compared to 2012 in the region of Eastern Europe and Central Asia.

BiH records the worst trend of all surrounding countries, which is best illustrated by the example of Kosovo, which from 2012 to 2022 progressed from a score of 34 to 41 index points, while in the same ten years BiH fell from 45 to 34 points. In the key findings for the region of Eastern Europe and Central Asia, it is stated that the countries of the Western Balkans cannot suppress organized crime due to the deterioration of the rule of law and a captive judiciary.

It was especially emphasized that Bosnia and Herzegovina is at a historic low, and that ethnic divisions are hindering democratic institutions needed to fight corruption, which was especially evident in the Prosecutor’s Office of Bosnia and Herzegovina, for which it is stated that there are serious doubts about its ability to prosecute corruption, and that the appointment of the new chief prosecutor of BiH took place in a very flawed procedure in which three of the four original candidates either gave up or were eliminated. Numerous corruption scandals, resignations and the very method of selecting the chief prosecutor have seriously called into question the integrity of the Prosecutor’s Office, it was stated in the regional announcement.

Due to this situation, a number of important cases of organized crime and corruption, including those involving high officials, have not been processed in the judiciary for years. Just one of the latest examples is the trial for those responsible for the crime in Bobar Bank worth over 100 million BAM, which after a long judicial farce ended with the acquittal of one of the first defendants in this case, and numerous other corruption cases had a similar epilogue.

It should also be noted that the General Election in 2022 was accompanied by a series of scandals involving theft of votes, election committees trafficking and abuse of public resources. This problem was not solved by the imposition of amendments to the Electoral Law by the High Representative, whose actions only further deepened the political crisis and did not solve the problem of complete blockade of the government, which continues to act primarily as an instrument of political parties to strengthen their own control over all processes in the state.

Evaluating the findings of the Index, the Chairman of the Management Board of TI BiH, Srđan Blagovčanin pointed out:

“Not only there is no strategy, policy or activity of state institutions to prevent corruption, but state institutions, completely captured by political control, focus their activities almost entirely on causing corruption. Unfortunately, corruption has become the primary reason for the existence of institutions. A special danger for the state is the complete symbiosis of organized crime and state institutions, which will lead to further destabilization of the country and the collapse of security.”

Srđan Blagovčanin, Chairman of the Management Board of TI BiH

This year’s TI report emphasizes that corruption has led to serious consequences for global peace because it causes decline of democracy and strengthening of authoritarian leaders, while peace and stability become endangered in countries with a lower index. These tendencies have been present in BiH for years, and as stated in the TI report, “an additional reason for concern is the leader of the Republic of Srpska and his recent mention of the Criminal Defamation Law which could be used to silence independent critics.”.

In the past year, Bosnia and Herzegovina received candidate status for membership in the European Union, but this took place without the implementation of essential reforms from 14 priorities, so the poor result of the CPI in Bosnia and Herzegovina was expected primarily due to the absence of key reforms such as amendments to the Election Law and the Law on Political Parties Financing, the Law on Conflict of Interest, the Law on Protection of Whistleblowers on Corruption, the law on the High Judicial and Prosecutorial Council, and attempts to adopt laws that are worse than the existing ones under the guise of reforms are particularly worrying.

Urgent action to prevent further deterioration of the country is imposed as a priority, without which it is impossible to expect the initiation of important reform processes.

TI BIH, in cooperation with international and domestic experts, drafted a proposal for the Good Governance Agenda 2025, thus offering an innovative approach to governance challenges in the country, caused by dominant capture of the state by ethno-national elites. The Agenda presents a set of anti-corruption measures beyond the typical and conventional, which could potentially free these efforts from obstruction by political elites.

Some of the measures refer to: implementation of systemic functional audits of the public sector in order to optimize it, centralization of public procurement, integrity improvement of the electoral process and political parties.

Press rls_31.1.23_

Presentation of CPI 2022 findings

More on the Results of the CPI Corruption Perceptions Index Survey for 2022

TI BIH PRESENTS AN ANALYSIS ON THE TRANSPARENCY OF JUDICIARY IN BIH: HALF OF JUDICIAL INSTITUTIONS DO NOT PROVIDE INFORMATION TO CITIZENS

Press releases ● 06 December 2022

Sarajevo, December 6, 2022 – The openness of judicial institutions is important in many ways when strengthening citizens’ trust in public institutions, but also for ensuring the prerequisites for participationof citizensin the decision-making process, as well as in order to establish functional mechanisms of responsibility, is the message of the “Transparency of the Judiciary in BiH” conference, which was held today in Sarajevo, organized by Transparency International in Bosnia and Herzegovina (TI BiH) and the Balkan Investigative Report Network of Bosnia and Herzegovina (BIRN BiH).

The analysis on the level of transparency of judicial institutions was presented at the conference, and contains the first results of transparency Index of courts and prosecutor’s offices measurement, based on the methodology developed in the project “Improving accountability through strengthening civil society networks – SANCUS”.

During the presentation of the Analysis, it was pointed out that the courts and prosecutor’s offices in Bosnia and Herzegovina did not respond within the deadline to almost half of the requests for access to information and that they respond differently to the requests of civil society organizations and citizens, as well as that it is visible that they respond less to media inquiries. The analysis highlights a different treatment of judicial institutions in relation to the applicant’s profile as a particularly worrying practice. While the “silence of the administration” was recorded in only one case on requests sent by Transparency International, at the same time citizens’ requests were ignored in more than 30 percent of requests.

“Most courts publish annual work plans, while only half publish annual work reports on their websites. The worst results are in terms of financial transparency, 73 out of 74 courts do not have a published annual budget, while only one court has a published but not updated one,” said Emsad Dizdarević, program manager at TI BIH.

During the analysis of the obtained results, it was determined that there are different practices when it comes to reactions of courts and prosecutor’s offices to media requests for information. Almost 40% of the courts submitted the requested verdicts, while almost 45% of the courts did not even comment on the media requests. Over 55% of the courts did not respond at all to the media’s request to provide information regarding detention, and only 12% provided decisions. Only five courts submitted the requested recordings of hearings, while 69 courts did not submit this information. The attached results show different practices of the courts for the same requests, that is, different practices when requesting the same type of information, which shows us that additional engagement is needed in order to standardize the practices of the courts in reactions to media requests for information.

“These results indicate that we have a transparency problem in the judiciary, and this problem is reflected in two important things for the media. One is a problem in reporting and informing the public, and the other is a reduced level of control over the work of the judiciary through the observation of their work by the media,” said Semir Mujkić, BIRN BiH editor.

Representatives of the High Judicial and Prosecutorial Council, the Court of Bosnia and Herzegovina, the Basic Court in Banja Luka, the Cantonal Prosecutor’s Office of Tuzla Canton and representatives of BIRN BiH and TI BiH participated in the conference at the panel discussion “Transparency of the Judiciary in BiH – how to improve the situation”, during which they tried to identify the key problems and possible solutions for improving the transparency of the judiciary..

The conference was made possible by the financial support of the European Union.

Media release_6.12.2022.

Analysis of the transparency of judicial institutions in Bosnia and Herzegovina

TI BIH PRESENTED THE AGENDA OF GOOD GOVERNANCE 2025: IN A STATE OF INSTITUTIONAL PARALYSIS, IT IS NECESSARY TO ACT ON THE CAUSES OF CORUPTION

Press releases ● 01 December 2022

Sarajevo, December 1st 2022. “The paralysis of institutions caused by systemic political corruption managed by the highest public office holders has brought Bosnia and Herzegovina to a situation of complete captivity of political, social and economic processes” is the key message of the “Priorities in the fight against corruption in BiH” conference, which was held today in Sarajevo, organized by Transparency International in Bosnia and Herzegovina (TI BiH).

Political structures, which prioritized their actions on personal wealth at the expense of citizens, are directly responsible for denying basic human rights and freedoms to the citizens of BiH, which had and will have incalculable consequences during the pandemic, crisis and inflation, bringing into question the realization of the basic needs of citizens.

At today’s conference on the occasion of International Anti-Corruption Day, TI BiH appealed to political parties and the international community for concrete action by presenting the “Agenda of Good Governance 2025”, which proposes a different approach to solving systemic management challenges and reducing opportunities for corruption in BiH.

The agenda, based on 20 years of practical experience spent by TI BiH in researching the causes and consequences of corruption, as well as modern theoretical concepts dealing with corruption suppression, is based on the position that it is necessary to act towards the key causes – hot spots of corruption.

“The Agenda of Good Governance 2025 is an attempt to provide answers to the problem of entrapment of the institutional apparatus in BiH and its liberation from the negative influence of political elites”

pointed out Srđan Blagovčanin, chairman of the TI BiH Board of Directors, at the opening of the conference “Priorities in the fight against corruption in BiH”, which was held today in Sarajevo.

The agenda, among other things, proposes directions for the reform of public administration through its reduction, rationalization and depoliticization, centralization of the public procurement system, introduction of compulsory voting and democratization of political parties, and advocates the introduction of vetting in the judiciary – procedures for checking the assets, competences and connections of judicial office holders with organized crime.

The aim of the presented proposals is to reduce the possibilities for corruption while at the same time encouraging more active participation of citizens in the decision-making process, in order to enable the creation of policies in the public interest, as well as strengthening the capacity of institutions and restoring public confidence in their ability to combat systemic corruption, for which support of key local and international actors is necessary.

On that occasion, the Ambassador of Sweden to Bosnia and Herzegovina, Johanna Strömquist, welcomed the initiative of Transparency International in Bosnia and Herzegovina to think in new, innovative ways about how we can fight corruption and how to take small steps that will make a big difference in the long run.

In addition, the conference was dedicated to the priorities in the fight against corruption set before BiH, and on this occassion the integrity of the election process, laws on conflict of interest, amendments to the law on the High Judicial and Prosecutorial Council, protection of corruption whistleblowers at all levels were highlighted as key issues on which BiH’s European path depends.

In this regard, the Head of the EU Delegation in Bosnia and Herzegovina, Johann Sattler, emphasized that the fight against corruption must be a priority of the authorities, civil society and citizens. He said that it is certainly a priority for the EU. The fight against corruption and the rule of law are at the center of Bosnia and Herzegovina’s accession process to the European Union, and this is clearly stated in the 14 key priorities from the European Commission’s Opinion on Bosnia and Herzegovina’s application for membership.

The ambassador of the United States of America to Bosnia and Herzegovina, Micheal J. Murphy, said that we must work together to detect corruption when we see it and experience it.

“We must support citizens who insist on eradicating corruption; we must demand that those responsible for corruption are punished.”

ambassador of USA in BiH, Micheal J. Murphy,

It was emphasized that the next period is a key opportunity that must be used for all recommendations and priorities that have been unfulfilled for more than a decade, which is impossible to do without political support, and which will certainly be the first test for the newly elected authorities, regardless of their final composition.

Representatives of the Central Election Commission, the Ministry of Justice, the High Judicial and Prosecutorial Council, the Prosecutor’s Office of BiH, the Parliamentary Assembly of BiH, the Agency for Public Procurement, UNDP, the EU Delegation to BiH and the Office of the Coordinator for Public Administration Reform participated in the panel discussion at the conference.

The conference was made possible by the financial support of Sweden and the American Agency for International Development – USAID.

Press rls_1.12.22_pdf

The Ministry of Justice of BiH is trying to legalize the conflict of interest, the new law allows BiH MPs to perform dual functions

Press releases ● 14 November 2022

Banja Luka, November 14, 2022 – Banja Luka, November 14, 2022 – The Ministry of Justice of Bosnia and Herzegovina is trying with the new Law on Conflict of Interest, which has been submitted for consultation, to practically legalize the performance of dual functions and to adopt a solution that is worse than the existing one. Transparency International in BiH (TI BIH) warns that the proposed law exempts all elected MPs and delegates in the BiH Parliament from the restrictions related to the performance of dual functions in the management of public companies, and the proposal is that they will no longer be prohibited from having private companies that operate with the state and to sit in the management of associations and foundations financed from the budget.

It is absurd that such a proposal, which will certainly worsen the state of corruption in BiH, is trying to be adopted under the guise of meeting the requirements of the European Union for obtaining candidate status, which states that, as part of the fight against corruption, laws on preventing conflicts of interest at all levels must be improved.

In addition to proposing the abolition of numerous restrictions on elected officials, even fewer restrictions than existing ones are being introduced. According to the previous law, all holders of public offices were prohibited from being the head of associations or foundations that are financed from the budget of any level of government, and now the Ministry of Justice proposes that only financing of such associations from the BiH level is considered a conflict of interest. It is a big step back because officials in state institutions can exercise their influence for personal interests and at lower levels of government.

An additional problem with the proposed law is that it narrows the concept of close relatives compared to the existing law and narrowly treats the concept of related persons with formulations that will be difficult to prove. The proposed solution, apart from the fact that it is largely worse than the existing one, brings almost no improvements, and low fines remain in case of violation of the provisions of the law, which will not achieve their purpose.

A special problem is that the new law does not guarantee the independence of the Commission for deciding on conflicts of interest, and it introduces a complicated procedure for appointing members of the Commission as well as the method of determining conflicts of interest. In some cases, when a conflict of interest is determined, the person who is superior to the official is even given the opportunity to impose measures, which will lead to a completely uneven practice.

TI BIH submitted comments on the controversial provisions of the proposed law to the Ministry of Justice and requests its withdrawal from the procedure because numerous provisions, in addition to establishing lower standards than the existing ones, further complicate the process of determining conflicts of interest. Of particular concern is the fact that by submitting to the procedure of such a law, an attempt is made to fulfill the EU condition for obtaining candidate status.

TI BIH reminds that the Law on Prevention of Conflict of Interest, which is in line with international standards, has already been adopted in the House of Representatives and subsequently blocked in the House of Peoples of the BiH Parliament. For this reason, the attempts of the Ministry of Justice to delay the procedure by persistently proposing solutions that are worse than the existing ones and make meaningless the essence of reforms that should improve the mechanisms of the fight against corruption, are inadmissible.

Press rls_14.11.22_

Court decided: Ministry of Transport and Communications of the RS is illegally hiding the contract on the construction of the Banja Luka – Prijedor highway

Press releases ● 19 October 2022

Banja luka, October 19, 2022 Transparency International in Bosnia and Herzegovina (TI BIH) won a court case against the Ministry of Transport and Communications of the Republic of Srpska, which illegally hid the concession contract for the construction of Banja Luka – Prijedor highway. The District Court in Banja Luka issued a verdict ordering the Ministry to deliver to TI BIH the contract concluded in 2018 with the Chinese company Shandong Hi-Speed International (SDHS).

According to the information published by the portal Capital.bathe concession contract, which should last for 30 years, defines that the Chinese company will invest about 297 million euros in the construction of the highway, and should earn about 975 million euros through toll collection and the missing funds that will be settled from the budget of the Republic of Srpska. Due to the suspicion that this contract was concluded under harmful conditions for the Republic of Srpska, TI BiH asked the Ministry for a copy of the contract, but this request was rejected with the explanation that the publication of the contract could harm the commercial interests of the Chinese company.

As the government in this case clearly put the interest of the private investor above the interest of public, TI BIH filed a lawsuit with the District Court in Banja Luka, which accepted the lawsuit and ordered the Ministry to re-conduct the procedure with a very clear instruction that its task is to serve the interests of the citizens, and not to worry about the trade secrets or any other financial combinations of the contracting party which is given to exploit and collect public revenues for 30 years.

The judgment also states that the Ministry has replaced the role of a public body that disposes of public money and acts to protect the public interest, with the role of a protector of a business partner.

“It is undoubtedly in the public interest to have complete insight and knowledge on whether favorable conditions have been agreed for the Republic of Srpska and its citizens, whether the conditions are in accordance with the public interest, and to compare whether better conditions could have been agreed; on the contrary, the interest of the public is not concerned with the protection of the legal entity business with whom the contract was concluded, i.e. whether its business will be profitable in a period of three decades or not” the judgment states. The court accepted the argumentation of TI BiH stating that the Ministry did not specify what damage would result from publishing the requested information.

When the Ministry refused TI BIH’s request to publish the contract, it stated that it contains confidential information about the methods of collecting toll revenue, formulas for calculating cash flows, and the concessionaire’s financial plan. They also state that the economic value of this data lies precisely in the fact that it is not widely known to the public.

The court states that the decision has nothing to do with the law, but is based on the defendant’s need to put himself in the service of protecting the concessionaire and reminds that one of the basic principles of the Law on Concessions is transparency, market competition, equal treatment for everyone. The contract with the company SDHS was not concluded through a public invitation, but through a negotiation procedure, which the Government of the RS has often used so far, bypassing public bidding, and such contracts often caused damage to public finances.

TI BiH reminds that a similar practice has been observed with other authorities when concluding contracts with Chinese companies, where they offered us almost the same reasons for not submitting the contract, and this court decision confirms the warnings of TI BiH that the commercial interests of Chinese companies should not be placed above the interests of the citizens of BiH .

Press rls_19.10.22_

TI BiH welcomes the recommendation for conditional candidate status, but warns that the situation in BiH has deteriorated dramatically

Press releases ● 13 October 2022

Banja Luka, October 13th, 2022 – Transparency International in BiH (TI BIH) welcomes the decision of the European Commission to recommend the conditional granting of candidate status, which is positive news for Bosnia and Herzegovina in the context of new geopolitical relations, but warns that the state of corruption and the rule of law in the country has dramatically deteriorated since the publication of 14 priorities. 

Since the publication of the Opinion of the European Commission on BiH application for EU membership, BiH has fully fulfilled only one of the 14 priorities, while in the area of the rule of law and the fight against corruption, to which most of the priorities refer, the situation has dramatically worsened. According to research by Transparency International, BiH is globally ranked among the countries with the most serious decline in the fight against corruption, and is among the three worst countries in Europe according to the Corruption Perception Index. 

A key part of the priority regarding strengthening the integrity of judiciary not only was not implemented, but the situation in that segment has further deteriorated. An illustrative example of this is the process of appointing the Chief Prosecutor of BiH, which was carried out in a way that causes serious doubts about the integrity of the process itself, which makes it compromised and not credible basis for the appointment of the top person of the Prosecutor’s Office of BiH. Even the EU report that was published yesterday states that “political leaders and judicial institutions have failed to tackle widespread corruption and have actively blocked progress, leading to long-term stagnation and increasing signs of political state capture“. 

It is further stated that the overall results in preventing and suppressing corruption (including high-level corruption) remained insignificant, due to operational inefficiency and political interference in the judiciary. 

In the period since the publication of the Opinion of the European Commission, the government at the state level was almost completely blocked, while in the Federation of BiH it was not even constituted since the General Elections in 2018. The arbitrary actions of High Representative, which are in contrast to fundamental democratic standards and human rights and according to which changes to the Election Law and the FBiH Constitution during the election process were imposed, further distanced BiH from fulfilling the conditions for EU membership and contributed to a deep institutional and political crisis in the country. 

The elections that were held in Bosnia and Herzegovina on October 2 were neither fair nor honest, they were marked by brutal misuse of public resources, threats, manipulations and violations of the integrity of the electoral process. 

TI BiH calls on the EU to intensify the support, as well as the pressure on the BiH authorities, with a special focus on rule of law and democratization, since granting the candidate status in itself will not bring much significance for a country that is in a deep institutional and political crisis, apart from BiH formally becoming “captured state candidate for membership” instead of a “captured state potential candidate for membership “. 

Press rls_13.10.22_en

Before the elections, 278 million BAM from the budget was distributed to voters. The parties have spent 9.6 million BAM on the campaign

Press releases ● 29 September 2022

Sarajevo, September 29, 2022 In the past three months, Transparency International in Bosnia and Herzegovina (TI BiH) recorded over two thousand examples of the use of public funds for election promotion, and the Central Election Commission (CIK) received the first reports regarding this occurrence, which is prohibited by the latest amendments to the Election Law. TI BiH has so far submitted 70 reports to CIK, of which 16 refer to the misuse of public resources, which are regulated by the newly imposed provisions of the Election Law, which apply only during the official election campaign.

The reports mostly relate to the abuse of public institution events where some candidates campaigned, and how widespread this phenomenon is shows the fact that 76% of the 532 monitored public events involved candidates participating in the elections.

Two reports refer to the mayor of Zenica, who gave a pre-election speech during the official presentation of the new bus line to the citizens, while at the opening of a new playground, after the official ceremony and football tournament, he continued with the pre-election rally and concert where the candidates of his list were presented. Due to a similar case, the mayor of Laktaši, who organized a ceremony for the beginning of infrastructure works, where the city and SNSD were listed as organizers of the event, was also reported. HDZ was reported because officials of this party had party signs during an official visit to the hospital in Novi Travnik.

Also, the use of public companies’ equipment during the campaign was reported to CIK, and we single out examples from Drvar, where Public Company “Elektroprivreda HZ HB” put up pre-election posters of SNSD, while at the “Food Festival in Derventa” organized by this party, a vehicle from the fire department in Derventa was used. PDP was reported for misuse of a city billboard on which a poster promoting the mayor of Banja Luka and the candidate of that party was placed, promising citizens free legalization of residential facilities. Due to a similar situation, director of the University Clinical Center of the RS was also reported after placing dozens of billboards with his image promoting the RTRS film “From Vision to Victory”.

However, CIK rejected this report because the University Clinical Center stated that it did not pay for the billboards, but that they were rather donated by three companies that provide services for this type of advertising. The report was also rejected in the context of an early campaign with the explanation that it does not contain a pre-election message that could influence voters, even though CIK punished for similar cases in the previous period. That is why TI BiH also reported this case in the context of the Law on Financing of Political Parties.

Unfortunately, what TI BIH considers to be the biggest abuse of public resources, and is related to the increase in public spending before the elections, is still not punishable by the Election Law. In the past three months, according to TI BIH data, BAM 278 million was distributed through one-time aid to different categories of population, and among the most recent examples we single out the donation of 100 BAM from the Government of Federation of BIH at the end of the campaign to all unemployed persons, one-time aid to all employees of the Federation of BIH Railway in the amount of BAM 800, as well as two new tranches of BAM 100, to war veterans and youth in the Republic of Srpska. The SNSD president even directly admitted, at one of the pre-election rallies, that this money was given for the sake of the election, which was also reported to CIK in the context of misuse of public resources for election purposes.

Also, TI BIH published a map of pre-election works which shows that in the past three months, 334 opening ceremonies for completed public works before the elections were recorded, the value of which is about BAM 266 million. In the same period, 345 new projects worth BAM 1.1 billion were recorded, of which over 900 million refer to two sections of the highway, where start of construction is timed before the elections.

Election campaign costs

TI BIH also published the results of monitoring of the election campaign expenses, which show that the parties spent about BAM 9.6 million in the first three weeks of campaign. This amount was spent on billboards, advertisements in the media (television and print media), Facebook advertising and pre-election rallies, and by far the largest amounts were spent by SNSD (BAM 1.6 million ) and SDA (BAM 1.5 million ), followed by PDP and SDP, which have spent BAM 600,000 each on the campaign so far.

These amounts do not sum up to a total, because they do not include the costs of advertising and pre-election rallies in this last week of the election campaign, as well as the other forms of advertising that TI BiH did not monitor, but it can already be said that this is one of the most expensive election campaigns in BiH, because according to CIK data, the parties have never reported larger amounts.

Press rls_29.09.22_

See more

More on the costs of party promotion in the election campaign at Transparentno.ba: The most expensive election campaign – Parties have spent 9.6 million so far

More on the field and media monitoring process of pre-election activities of political subjects in BiH

Interactive map for monitoring the activities of political entities in the pre-election period

An overview of the placed advertising areas for external advertising of political entities during the 2022 election campaign.

Criminal Charges Against Minister Vojin Mitrović: Illegal Regulations Enable Millions from Vehicle Registration to be Directed to a Private Company

Press releases ● 16 September 2022

Banja Luka, September 16, 2022 – Transparency International in BiH (TI BIH) filed a criminal complaint against the Minister of Transport and Communications of BiH, Vojin Mitrović, two days ago, for illegal adoption of a new Rulebook on Vehicle Registration, which opens up the possibility of directing significant revenues charged by the state to private companies in the future.

With this Rulebook, which came into force on September 1, Mitrović enabled the Ministry to hand over the work of purchasing stickers, which until now had been handled by state institutions, to an “expert institution” that would be selected through a public competition.

For drivers in BiH, it is now also possible, when registering their vehicles in the future, to pay the fee to that “expert institution” chosen by the Ministry, which practically means that significant public funds would be diverted to a private company.

Everything was done illegally, because the minister with a rulebook, which is an act of lower legal force, can only prescribe provisions on the appearance and content of the sticker, and only the law can give public powers. However, not a single article of the Law on the Basics of Traffic Safety on Roads in Bosnia and Herzegovina stipulates that the minister has the authority to prescribe who will procure stickers and collect public revenues.

That is why TI BIH believes that Mitrović committed the criminal offense of abuse of official position or authority from Article 220 of the Criminal Code of BiH, which can be committed by an official if he/she exceeds his/her authority in order to obtain benefits for himself/herself or others. The proof that there is a clear intention to benefit others is reflected in the very precisely set conditions in the Rulebook that must be met by the “expert institution”. As one of the conditions, it is stated that persons employed as team members in a “expert institution” must possess certain certificates, which a few years ago, during the million-dollar procurement of software for the company Forests of the Republic of Srpska, awarded by only one company, which in recent years received tens of millions of marks in tenders in the Republic of Srpska.

Also, this Rulebook requires the bidder to possess the ISO standard 18000-63, which is stated on the website of the International Organization for Standards ISO as a standard withdrawn from use. By setting such conditions, they are obviously trying to favor certain bidders and limit competition, and a particular problem is that a private company is given the competences already held by the state Agency for Identification Documents, Records and Data Exchange (IDDEEA). The Agency previously announced that the Ministry ignored their opinion, which states that the introduction of new stickers with RFID technology is unnecessary because the competent Ministries of the Interior have already acquired a large number of cameras that check whether the vehicle is registered via license plates. For this reason, IDEEA states that the introduction of expensive new technology, that would do the same thing, is unnecessary and will cost drivers more, but will also require additional investment in equipment for reading new chips. Additional problems are seen in security

issues, because the Rulebook allows a private company to dispose of citizens’ data, and this can lead to the misuse of technology that allows locating and tracking vehicles.

Bearing in mind all of the above, it is evident that this is again about passing regulations tailored to individuals, as we already had the opportunity to see, with the passing of the Law on Games of Chance in the Republic of Srpska, where the exclusive right to organize games was given to a private company connected to the persons at the top of the government.

This move is an obvious example of how a captive state functions, where institutions serve the interests of individuals and the ruling elite instead of the public.

Press rls_16.09.22_ (en)

TI BiH: Misuse of public resources for the election campaign is still dominant, a map of pre-election works and spending is also presented

Press releases ● 31 August 2022

Sarajevo, August 31, 2022 In the past two months, Transparency International observers in Bosnia and Herzegovina (TI BiH) recorded over 1,300 examples of the use of public resources for the promotion of parties and candidates and a significant increase in public spending in the pre-election period. 36 reports were sent to the Central Election Commission due to early campaigning, violation of the Law on Financing Political Parties and abuse of public resources, which unfortunately is not adequately regulated even by the latest amendments to the Election Law imposed by the OHR.

Thus, Central Election Commission rejected the first charges of TI BIH, because the ban on abuse of public resources only applies to the period of the official election campaign that starts on September 2, and everything that happened in the past period will go unpunished. For now, Comission has sanctioned only instances of early campaigning, and eight sanctions have been issued based on the charges of TI BIH.

TI BIH has been warning for a long time that the election campaign is being conducted with public funds, and one of the most recent examples is the paid promotion of the documentary movie “From vision to victory” broadcast by RTRS for the promotion of which dozens of billboards were placed with the image of the director of the University Clinical Center of the RS, Vlado Dajic, who is also a candidate for parliament. The same case applies to the paid billboards of the Public Institution “Drina National Park” promoting the director of this institution, Radomir Pavlovic, who is also a candidate for parliament, and both cases were reported to Central Election Commission. Although the campaign lasts 30 days, political parties have long since started holding open pre-election rallies, the largest number of which was held by the SDA. In a large number of them, the participation of employees in public institutions and even police officers was noticed.

In the past period, a large number of examples of abuse of events organized by public institutions for the promotion of parties and candidates have been recorded, but unfortunately this phenomenon is prohibited by law only during the official election campaign. TI BIH observed 350 public events organized by institutions, and 67 percent were attended by candidates in the elections. As many as 32 events in the past two months refer to concerts organized by local communities, and at one of them, during the “Zenica Summer Fest”, Mayor Fuad Kasumovic gave political speeches and indirectly called for voting.

At concerts at “Zvornik Summer”, graphic solutions in the colors of the SNSD were used, while at one of the concerts in Banja Luka, the audience was shown a video with the fulfilled pre-election promises of the current mayor. In Banja Luka and the surrounding local communities, a series of “Krajisko vece” events were held, where SNSD candidates were directly promoted, and these events are organized by an agency that receives significant public funds through a tender.

Unfortunately, unlike neighboring countries, Bosnia and Herzegovina did not introduce a limit on public spending in the pre-election period, which is again this year a key resource that is being misused when buying votes and promoting candidates.

That is why TI BIH has published an online map of pre-election works, the beginning or end of which has been promoted in the past two months. The data show that in the entire BiH from July 1st, 249 works worth BAM 845 million started, 227 works worth BAM 175 million were completed, and the total value of public works in these two months has already exceeded the annual value of all works that, according to the data of the Public Procurement Agency, were contracted all last year. An additional practice that has been introduced is the presentation of construction plans for infrastructure facilities, for which procedures have not yet been initiated, and in the previous two months the value of such promised projects is over BAM 500 million.

A significant increase in one-time financial help aimed at various population groups was also recorded, where in most cases it was done as the indirect purchase of voter support with public funds. Thus, since July 1, over BAM 200 million have been distributed to citizens through one-time grants from all levels of government, and the most significant are the entity governments’ allocations of over 100 million for one-time aid to pensioners, veterans, youth and social categories. In addition to these, which TI BiH has already reported, one-time electricity subsidies of BAM 100 are issued for 70,000 users in FBIH, assistance from the Government of Tuzla Canton to all pensioners in the amount of BAM 100 each, assistance from the Government of Herzegovina-Neretva Canton to the unemployed in the amount of BAM 100, assistance from the Municipality of Prnjavor for young people going on excursion and one-time help to medical workers in Banja Luka, Drvar and Prijedor. There were also 17 cases of salary increases for employees in the public sector, as well as 41 examples of increased employment in public institutions and companies.

TI BiH points out that all these examples, as well as the significant increase in public spending in the pre-election period, show that the conditions for fair and honest elections have not been created in BiH, because candidates and parties with public resources have a significant advantage. Even after the official start of the election campaign, TI BiH will continue to monitor the activities of officials, parties and candidates, especially focusing on violations of the rules of conduct in the campaign, abuse of public resources, pressure on voters and other phenomena, and will also monitor the campaign expenses of individual parties.

TI BiH therefore once again invites citizens to report all these irregularities via the mobile application Reflektor: Izbori 2022, which enables quick and easy registration, and which can be downloaded via the link: https://reflektor.ba/

Press rls_31.08.22_