PRESS RELEASES AND ANNOUNCEMENTS

“Party management of schools must stop” – TI BiH proposes that with the new Law on Basic Education of the RS, school boards appoint principals

Press releases ● 27 May 2022

Due to the negative consequences of the current party management of educational institutions in Republika Srpska, Transparency International in BiH (TI BIH) believes that a good opportunity for essential reform is the adoption of the New Law on Basic Education of the RS, which will be presented to the deputies at the next session. TI BIH sent comments on the proposed draft law to the Ministry of Education and Culture of the RS, in which the need to reduce the influence of the Government of the Republic of Srpska on the appointment of principals of primary schools is emphasized.

This type of management in the previous period led to party distribution of management positions, which was later reflected in the depth and party employment of teaching staff, and TI BiH receives numerous applications for rigged competitions, illegal transfers, as well as complaints from parents about the quality of education. In two cases, there were even boycotts of classes and protests by children and parents dissatisfied with frequent changes in teaching staff and increasingly obvious examples of party recruitment.

That is why TI BiH’s proposal is that the school board, as a heterogeneous and participative management body, has a key role in appointing the director, who will be elected after a public competition. In the new law, which is referred to the procedure, it is still foreseen that the Government of the RS appoints directors on the proposal of the minister and even leaves the possibility that the minister does not propose a single candidate from the list submitted by the school board after the competition. TI BIH believes that it is completely inappropriate to conduct a competition procedure for the selection and appointment of directors, to spend material and human resources on the selection procedure, and then to leave the possibility that not a single candidate is proposed. This enables the Government of the RS to appoint acting directors, which was a frequent practice in the previous period, especially when concluding coalition agreements of the ruling parties.

TI BiH also proposes that directors be elected for a maximum of two mandates, which would be limited to five years, that candidates for the position of director must submit a work program proposal, and that the school board has the obligation to seek an expert opinion on the quality of that program, which would ultimately affect the outcome of the competition.

In addition to the above, the draft of the new law stipulates that the Government, on the proposal of the Ministry, appoints a Council for the Development of Pre-School, Primary and Secondary Education and Education, and TI BIH proposes that the procedure for selecting the members of this Council be carried out on the basis of a public competition, with the determination of clear criteria that candidates must meet .

TI BiH previously sent similar proposals to the Ministry of Education and Culture of the RS, but this initiative was not accepted. With the support of parents of a Banja Luka elementary school and three BiH human rights ombudsmen, the campaign “Politicians leave class” was launched in order to draw the public’s attention to this problem. The ombudsmen, who also receive numerous reports from teachers and parents, then highlighted the problem of the increasingly frequent practice of partisan employment and keeping teaching staff on fixed-term contracts, which creates eligible and obedient staff who do not usually act in the best interest of children.

That is why TI BIH calls on the Ministry and representatives in the National Assembly of the RS to accept these proposals and establish mechanisms that will enable the reduction of the influence of politics on the management of school institutions, which will certainly lead to an improvement in the quality of education.

Press rls_27.05.22_

During 2021. only 4 final verdicts for high corruption, most defendants end up with suspended sentences

Press releases ● 11 May 2022

The average prison sentence for corruption is less than two years, while court proceedings last up to 10 years

Banja Luka, 11. May 2022 – During 2021. In 2011, 147 final verdicts for corruption offenses were passed in Bosnia and Herzegovina, of which only four related to high-level corruption, according to data from the Monitoring of Corruption Prosecution presented by Transparency International in BiH. Despite BiH being one of the countries with the highest level of corruption in Europe according to all relevant research, the judiciary has mainly dealt with small cases and low-ranking officials, while many major scandals have remained unanswered.

All prosecutor’s offices in BiH have filed a total of 235 indictments, of which only 6 or 2.5% relate to high-level corruption. One of them refers to the former Minister of Defense of BiH, Selma Cikotić, who is accused of a criminal act committed more than 10 years ago, which additionally indicates untimely and inefficient prosecution of corruption in BiH.

The data published by TI BIH on the Interactive Map of Corruption Prosecution show that the Prosecutor’s Office of BiH additionally reduced the already small number of indictments and the Special Department for Suppression of Corruption, Organized and Serious Forms of Economic Crime at the RS Republic Prosecutor’s Office did not succeed. It mainly dealt with corruption in “own ranks”, ie in the judiciary itself, and out of a total of 6 confirmed indictments, one was filed against officials of this prosecution for accepting bribes, and three indictments were filed against judges in Banja Luka, East Sarajevo and Prijedor. It should be noted that this prosecution opened some significant investigations into multimillion-dollar abuses in public procurement during the pandemic last year, but the results are still expected in the coming period.

Across BiH, there has been an increase in the number of indictments for corruption compared to 2020. year when due to the pandemic there was a sharp decline in all indicators of the judiciary, so the results are now at about the same level as in previous years. The biggest contribution to that was given by the FBIH prosecutorial system, where the number of indictments was 75 during 2020. increased to 185 last year. On the other hand, the number of indictments in the RS prosecutorial system has increased only slightly, but is still far lower than in the five years before the pandemic, while the Brcko District Prosecutor’s Office has reduced the number of indictments for corruption.

The District Prosecutor’s Office in East Sarajevo, which filed the last indictment for corruption in 2018, has had particularly devastating results for years. In the last seven years, the courts have passed only two convictions for corruption in the cases of this prosecution. The District Prosecutor’s Office in Trebinje has no better results, which did not file a single indictment for corruption last year. Only one was filed by the Cantonal Prosecutor’s Office of the SBK, and only three verdicts for corruption were handed down before the courts in this canton, and in all three cases the defendants were acquitted.

Of the total number of final court verdicts for corruption, 68% ended in suspended sentences, as mostly minor cases were processed, while only 41 verdicts (27.8%) related to prison sentences. Also, more than half of criminal charges (57.3%) end with an order not to conduct an investigation, and as these charges, in addition to citizens, are submitted by competent law enforcement agencies, it is clear that there is no adequate cooperation between these agencies and prosecutors.

The recent monitoring of trials in these cases by a TI BiH sample showed that the average prison sentence for corruption in BiH was less than two years, although the law provides for a penalty of up to 10 years for corruption offenses. The trials in these cases lasted on average three years and seven months, while some cases lasted over 11 years. The judiciary is increasingly facing political pressure and public attacks by high-ranking officials, which, along with the existing systemic shortcomings, certainly affects the efficiency of corruption prosecution.

Press rls_11.05.22_

Processing monitoring 2021_TIBiH_

TI BIH: Regulating conflicts of interest at the cantonal level leads to legal uncertainty and additional room for abuse [

Press releases ● 10 May 2022

[: bs] Banja Luka, May 10, 2022 – Transparency International in Bosnia and Herzegovina (TI BiH) considers harmful the initiative of the Sarajevo Canton authorities to regulate competencies at the cantonal level for determining conflicts of interest and protecting whistleblowers. This is envisaged by the Draft Law on Prevention and Suppression of Corruption in Sarajevo Canton, which was adopted by the Assembly of KS in the form of a draft and in the coming period, after a public debate, should be again before the deputies for adoption. TI BiH warns that this issue should be regulated at the entity level, and that regulating such important issues as conflicts of interest of public office holders could lead to legal uncertainty, fragmentation of the legal framework, implementation problems and additional inconsistencies in the anti-corruption system throughout BiH. .

TI BiH reminds that the Law on Conflict of Interest in Government Bodies in the Federation of BiH is still formally in force, and the Proposal of Amendments to this Law would be in the procedure, which would define the competence of the body for its implementation, as well as the Law on Protection of Corruption Reporters. The recommendations of GRECO and the Venice Commission call for regulation and harmonization of this matter at the state, entity and Brcko District levels, and the need to centralize and harmonize these regulations, instead of multiplying regulations that would put public office holders in different positions and cantons.

Comments on the draft law submitted by the TI BiH to the KS Assembly pointed out other shortcomings, such as leaving space for public office holders in Sarajevo Canton to be in the bodies of private companies that do business with other levels of government or to be in the bodies of funded associations. are other levels. This shortcoming is best illustrated by the fact that it is not advisable to regulate this area at the cantonal level, because the existing Law on Conflict of Interest in FBiH prescribes incompatibilities in relation to private companies that enter into contracts with any level of government.

In addition, the draft cantonal law still does not guarantee the independence of the Conflict of Interest Commission, whose president should be the head of the KS Anti-Corruption Office while the other members are elected by the KS Assembly. This would create a hybrid system between a Commission that is a body of the Assembly and an office that is a body of the Government whose competencies are intertwined in the proposed solution. In addition, the competencies of this body are very limited, and it cannot identify incompatibilities or situations of conflict of interest in relation to other levels of government. According to the findings of TI BiH, different regulations at different levels in recent years have allowed many officials to circumvent the regulations and have been in open conflict of interest for years.

Regarding the attempt to regulate the area of protection of whistleblowers by this law, the proposed draft excludes persons who report corruption in the private sector

Due to all the above, TI BiH calls on the proposers to withdraw the proposed solution from the procedure because a possible chain reaction of other cantons, which would adopt different solutions, or in some cases would not adopt, could lead to complete chaos in the anti-corruption system and easier circumvention of regulations. by officials in conflict of interest.

Instead, TI BiH calls on the coalition that proposes a solution at the Sarajevo Canton level to redirect efforts to adopting the FBiH Law on Conflict of Interest, which has not been implemented since 2013. year, because the competence of the body for its implementation was not determined, after it was taken away from the Central Election Commission, as well as the adoption of the Law on Protection of Corruption Reporters FBiH, which was already adopted by the House of Representatives, but its adoption stopped at the House of Peoples.

Press rls_10.05.22_ [:]

TI BiH reports Milorad Dodik due to conflict of interest: Companies of close relatives should not do business with the state

Press releases ● 17 March 2022

Banja Luka, March 17, 2022 – Transparency International in BiH has filed a complaint with the Commission for Deciding on Conflict of Interest against BiH Presidency member Milorad Dodik because companies owned by his family do business with the state and receive significant incentives from the budget.

According to the provisions of the Law on Conflict of Interest in BiH Government Institutions, elected officials and their close relatives should not be part of the management of any private company that enters into contracts or otherwise operates with budget-funded institutions at any level of government. . Considering that Milorad Dodik’s son and daughter own private companies that do business with public institutions, and according to the provisions of this law, they are considered close relatives, the member of the Presidency of BiH is in a situation of conflict of interest.

Namely, Article 8a of the Law prescribes that the engagement of close relatives of elected officials in companies that do business with the state, leads to a situation in which these officials are in a conflict of interest.

According to data from a recent survey by the Capital.ba portal, companies owned by the Dodik family won in 2021. about 370,000 KM from the Agrarian Budget and the RS Compensation Fund. Specifically, according to the data of the Agency for Agrarian Payments of RS, legal entities “Fruit Eco” from Gradiška, and “Agro Voće” and “Global Liberty” from Laktaši, during 2021. They received aid for repairing frost damage, support for sold and produced fruit, regressed diesel fuel, anti-hail nets, etc.

Also, the legal entity “Ugostiteljstvo Agape” sp, owned by Dodik’s daughter, received jobs from the Catering Service of the Government of Republika Srpska in the past period in amounts exceeding the legally allowed threshold of 5,000 KM per year.

Due to all this, TI BiH calls on the Commission for Deciding on Conflict of Interest of Bosnia and Herzegovina, whose work was often blocked due to political obstructions in the previous mandate, to conduct a procedure and investigate the conflict of interest of one of the highest officials of BiH.

Also, TI BiH again calls on the delegates in the House of Peoples of the Parliamentary Assembly of BiH to stop the obstruction of the adoption of the new Law on Conflict of Interest in BiH government institutions, which should ensure the independence of the commission that will decide on conflicts of interest.

Press rls_17.03.2022_

TI BIH Welcomes Adoption of New Conflict of Interest Law: Appeal to House of Peoples Delegates to Unblock Reform Processes

Press releases ● 10 March 2022

Banja Luka, March 10, 2022 – The decision of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina to adopt a new Law on the Prevention of Conflicts of Interest in BiH Institutions is an important step in preventing corruption in this area and Bosnia and Herzegovina’s European path. Transparency International in Bosnia and Herzegovina (TI BiH) welcomes the adoption of the Law in the House of Representatives of the BiH Parliamentary Assembly and appeals to the delegates in the House of Peoples to adopt this law in the same form in line with international standards.

TI BiH, in cooperation with international organizations, initiated the adoption of this law, which has been in the procedure since 2017. It has been adopted in the House of Representatives for the third time, but so far there has been no support in the House of Peoples or readiness to accept proposals for its substantial improvement. For the past 5 years, TI BiH has been working with the authorities at all levels to improve the legislation in this area, and the law that was adopted yesterday contains key proposals that would enable the prevention of corruption.

This primarily refers to the establishment of an independent commission that will decide on conflicts of interest instead of the previous one, which was mostly made up of parliamentarians from both houses of the BiH PA. The law expanded the definition of “close relatives” and “related persons” and finally prescribed the control of property records, which should include information on the property of family members of public office holders. Also, this law would prohibit officials from performing more than one public function, as well as from being owners of private companies that do business with the state.

Enormous progress has also been made in the article banning officials from using public functions or public resources for party and election promotion. We remind you that during the monitoring of the election campaign, TI BiH recorded over 2,500 examples of misuse of public resources and functions for the promotion of political parties and candidates.

In order to significantly improve the situation in this area, it is necessary for the authorities at all levels to adopt laws in line with international standards, because so far only the Brcko District government has done so. In the Federation of BiH, the law has not been applied since 2013. In the Republika Srpska, due to numerous vaguenesss in the law, a large number of officials perform several functions without hindrance.

Improving conflicts of interest law is one of the 14 key priorities the EU has set for BiH, but has been blocked for years as many decision-makers find themselves in conflict of interest or unwilling to deny themselves the potential for undue influence. .

Press rls_10.03.2022

TI BiH: Due to party employment, an increasing number of reports of corruption in education and public administration

Press releases ● 07 March 2022

Banja Luka, 7. March 2022 – Citizens most often pointed out irregularities in employment procedures and inaction of inspection bodies, while TI BiH filed the most complaints due to corruption in the field of public procurement and the occurrence of conflicts of interest.

There was a significant increase in the number of applications in the field of education, especially parents who suspected the party’s employment of teachers. We single out the example of the competition for the admission of 13 educators in the Public Institution Center for Preschool Education Banja Luka, where after the change of the city government and director for the first time since 2015. year, a competition was announced in 2015. year and over a hundred candidates applied. However, the 13 most successful ones were not employed because in the meantime, the former director was returned to her position and she immediately annulled the completed competition. TI BiH reacted and reported the case to the Education Inspectorate, which annulled its decision. Due to the increasing occurrence of party employment in educational institutions, TI BiH, with the support of the Human Rights Ombudsman, led the campaign “Politicians get out of class” and the RS Government submitted an initiative to change regulations that would exclude politics from the election.

In addition to education, the number of reports of corruption in health care has increased, and last year there was a reaction from the competent institutions in two major cases initiated by TI BiH. Due to illegal procurements of medical equipment by the RS Institute of Public Health, the director of this institution was investigated and arrested, as well as other actors against whom TIBiH filed criminal charges. Also, after the TIBiH report, the inspection determined that the company that does not have a permit supplies the Trebinje Hospital with oxygen that was used for medical purposes, which endangered the health of the population. The “oxygen affair” and public pressure led to a ban on further circulation of oxygen from suppliers who did not have the necessary certificates and permits.

As in previous years, the largest number of applications was related to the public administration sector, mainly to irregularities in the employment processes of civil servants, and 12% of applicants were classified as “whistleblowers”, which is an increase of 4.5% compared to 2020. year. This is particularly important because the FBiH has not yet adopted a law on the protection of “whistleblowers”, and where it exists, corruption perpetrators continue to be prosecuted. We also emphasize the case of Emir Mesic, who is facing retaliation because he reported corruption to the ITA BIH and the authorities refuse to provide him with protection. TI BiH was granted the status of intervener before the Court of BiH in a lawsuit in which Mr. Mešić sued his employer for discrimination.

This year, 19 reports of potential conflicts of interest were received, after which 14 reports were sent for further verification to the competent authorities. We emphasize that the Central Election Commission of BiH, after the reaction of the TI BiH, revoked the mandate of the councilor from Velika Kladuša, Aladdin Ćerimović, who was also an advisor to the Prime Minister of the KJA and had a conflict of interest on four grounds.

Due to the refusal of public authorities to provide information of public importance, last year TI BiH initiated 17 administrative disputes.

A significant number of citizens’ reports were recorded due to the actions of the police, and after a long dispute, the Supreme Court of Republika Srpska made a final decision and rejected the lawsuit of TI BIH against the decision of the RS Ministry of Interior, which refuses to submit reports David. Due to this, an appeal was initiated before the Constitutional Court of BiH.

Transparency since 2003. provides legal assistance to citizens who are fighting corruption, and to date, over 20,000 citizens have approached TI BIH, mainly through the recognizable number 0800 55-555.

Press rls_07.03.2022_

Report:

https://ti-bih.org/godisnji-izvjestaj-centra-za-pruzanje-pravne-pomoci-ti-bih-za-2021-godinu/

Adoption of the RS VSTS Law leads to complete legal uncertainty and the capture of the judiciary

Press releases ● 08 February 2022

Banja Luka, 8. February 2022 – Transparency International in Bosnia and Herzegovina (TI BiH) warns that the adoption of the Law on the High Judicial and Prosecutorial Council of the Republika Srpska, which should take the form of a draft before the deputies on 20. regular session of the National Assembly of the Republika Srpska, set a dangerous precedent that would lead to legal uncertainty. The adoption of the new law, which was put on the agenda of today’s NARS session at the last minute, is just another in a series of attempts to overthrow the legal order and establish additional capture of judicial institutions. In recent months, the authorities in Republika Srpska have obviously been trying to establish control over all institutions and processes by creating parallel institutions without grounds, and now, through the appointment of suitable judges and prosecutors, they are trying to further undermine the rule of law.

We remind you that Bosnia and Herzegovina already has a High Judicial and Prosecutorial Council (HJPC), which was established as an independent and autonomous body, and has the task of providing an independent, impartial and professional judiciary. The HJPC members are judges and prosecutors from all over BiH, and this body has the authority to appoint judges and prosecutors at the state, entity, cantonal, district, basic and municipal levels, including the Brcko District of BiH, with the exception of the entity constitutional courts. The Constitution of Bosnia and Herzegovina stipulates that BiH is a state governed by the rule of law, and the rule of law is obliged to guarantee legal security to its citizens. Legal certainty, on the other hand, means that every individual can rely on the meaning and predictability of positive legal regulations, as well as the rights and obligations arising from those regulations. Creating parallel institutions and disrupting the unity of the organization and governance of the judiciary would undermine legal certainty and impede the enjoyment of basic human rights and freedoms such as the right to liberty and security of person, the right to property, the right to a fair hearing and criminal matters, etc.

The legislative procedure before the Parliamentary Assembly of BiH includes amendments to the Law on the HJPC, in order to harmonize it with the recommendations of the Venice Commission and the priority conditions of the European Union, which require stronger guarantees of judicial independence. The HJPC, as an independent and autonomous body governing the judiciary, needs to be strengthened by additional guarantees of independence, while initiatives to create new bodies at the entity level thwart such efforts. TI BiH has long pointed to the problems of political influence on the judiciary in BiH and the need for comprehensive reform, strengthening independence and accountability, but instead The authorities in the Republika Srpska are trying to create chaos and uncertainty by completely collapsing the legal order, which would have catastrophic consequences for all processes in the country, basic rights of citizens and the functioning of all institutions. Instead of dealing with the Law on the HJPC, which is in the legislative procedure before the BiH Parliamentary Assembly, decision-makers are dealing with the adoption of a law that is a threat to legal security and will further alienate BiH in the European integration process.

TI BiH warns that the Draft Law on the HJPC of the Republika Srpska has not been published on the official website of the National Assembly of the RS, that the content of the draft is unknown to the general public, that the public learned about the draft through unofficial sources, a few days before the session. the impact of passing such a law.

The creation of parallel institutions for the supervision of the judiciary, all under the guise of national interest, is actually aimed at creating a private state and destabilization with the aim of strengthening the position of the ruling parties. TI BiH therefore calls on NARS MPs to take responsibility towards the citizens of Republika Srpska and Bosnia and Herzegovina and urges them to consider the consequences of establishing such institutions and the losses they will produce due to legal uncertainty and paralysis of institutions. give their contribution to reforms in the judiciary with proposals that respect basic legal principles.

Press rls-08.02.21_

The law on determining the origin of property must not be the basis for political abuses and revenge

Press releases ● 07 February 2022

The circle of persons who would be a priority in the control of assets or risk factors should be clearly defined in the law itself, and this should not be left to the discretion of the newly established sector in the Tax Administration, or regulation through bylaws. (more…)

BiH is among the three worst countries in Europe according to the Corruption Perceptions Index for 2021.

Press releases ● 25 January 2022

Sarajevo, January 25, 2022 – According to this year’s Corruption Perception Index (CPI), Bosnia and Herzegovina took the third worst place in Europe with a score of 35, on a scale from 0 to 100, which positions it at 110. place of 180 countries, and only Ukraine and Russia have a worse result. The assessment is the same as last year and is the worst in the last decade, because BiH, unlike neighboring countries, has not made any progress in the fight against corruption, primarily due to political obstruction of key reforms. (more…)

BiH authorities block anti-corruption reforms, more and more attempts to make matters worse

Press releases ● 09 December 2021

Sarajevo, December 9, 2021 – “Authorities at all levels in Bosnia and Herzegovina are blocking legislative reforms in seven areas that are key to fighting corruption, and there are increasing attempts to make the situation worse.” This is the main message of the conference organized by Transparency International in Bosnia and Herzegovina (TI BiH) on the occasion of 9. December of the International Anti-Corruption Day. TI BiH presented a report and a new online tool acmonitor.ti-bih.org that provides an overview of progress in implementing reforms and the effectiveness of the implementation of key anti-corruption laws.

The TI BiH report shows a complete lack of progress in the areas of corruption processing, judicial integrity, public procurement, financing of political parties, conflicts of interest, freedom of access to information and protection of whistleblowers. The implementation of key laws in these areas was also assessed as inefficient and deficient, and in some cases non-existent. Number of corruption charges in 2020 years has been halved, and only the judiciary is rocked by numerous scandals.

TI BiH has identified over 300 officials who are in a situation of direct conflict of interest, but instead of tightening sanctions, we are witnessing attempts to further reverse the laws in this area, as the current situation has been legalized. This was especially pointed out by the US Ambassador to BiH Eric Nelson, who criticized the intentions of the BiH Ministry of Justice to set back the law at the state level.

– Passing laws that do not bring anything positive is worse than not passing them at all. Politicians and officials continue to block the adoption and implementation of key anti-corruption laws. They are creating political crises to divert voters’ attention from the corruption they are involved in and so that they can continue to steal, said Nelson.

What is worrying is the increasing persecution of people who decide to report corruption, and the TI BiH report shows disastrous results in the implementation of laws that should protect whistleblowers. More than half of public bodies refuse to provide information within the legal deadlines, and there are more and more examples of ignoring court rulings. In the area of public procurement, we are witnessing millions of scandals involving politicians of the highest rank, but due to the inconsistency of other laws, very few of them have been prosecuted.

-Corruption hinders all aspects of society, the fight against corruption is a key part of our policy. The most developed democracies have a very low rate of corruption, said at the conference the Ambassador of Sweden to BiH Johanna Strömquist.

The TI BiH report shows that deficient laws allow for numerous election abuses, withdrawals from the budget and misuse of public resources for party purposes, and blockades of electoral reform reforms by key decision-makers are aimed solely at maintaining control over the election process.

– The key priorities for this country are holding elections in October 2022. years with as little corruption as possible and enabling citizens to freely express their will. Everything else would be a continuation of hopelessness, said Srdjan Blagovcanin, Chairman of the Board of TI BiH.

Proposals to improve the legal framework in all areas could be heard at the conference, but the key message is that all measures must be taken to prevent the blocked blockades of the election process and all other reforms necessary to fight corruption.

Press rls_09.12.2021

TI BiH: Reform of the election process must be transparent

Press releases ● 01 December 2021

Banja Luka, 1. December 2021. – Transparency International BiH (TI BiH) welcomes the intensification of efforts of the international community, primarily the United States and the European Union on the much-needed reform of electoral legislation, but the whole process must be transparent and the public aware of the solutions offered.

Bearing in mind the importance of reforming the entire election legislation, TI BiH emphasizes the need to make available all relevant information on the negotiation process, as well as to involve all relevant actors in the process.

Lack of information on concrete solutions, and lack of relevant institutional discussion on their direction and content, opens additional space for speculation, which can damage the credibility of the process, further complicate it or even lead to additional tensions.

Since the beginning of the entire process, TI BiH has made concrete proposals regarding the improvement of the integrity of elections, primarily through ensuring the independence of the election administration, preventing abuse and pressure on voters, and in accordance with relevant international recommendations.

However, it is evident that there is no support or interest among BiH authorities for reforms and respect for international standards in terms of establishing integrity, and that the demands of representatives of the ruling political parties are aimed exclusively at maintaining or increasing their control over the electoral process. national interests, producing in continuity of crisis.

With this in mind, as well as the fact that there are only a few months left until the 2022 General Elections are called. Due to prolonged blockades and blackmail of political leaders, the space for the adoption of solutions that could represent substantial progress or to ensure an adequate procedure for their adoption has been narrowed.

Therefore, it is necessary to take all measures to prevent blocked blockades of the election process, but also to ensure significantly stronger supervision through a robust election observation mission at all polling stations, as well as by strengthening monitoring of the election process and preventing pressure on voters.

This is especially important if we take into account the irregularities observed during the 2020 Local Elections. as well as the increasingly aggressive political atmosphere and daily threats from the highest officials in BiH.

Press rls_01.12.21_

Press conference in front of the ITA BIH building on the occasion of the new disciplinary prosecution of whistleblower Emir Mesic

Press releases ● 02 November 2021

Banja Luka, 02. November 2021. – On Wednesday, November 3, 2021, starting at 11:30 am, a new disciplinary hearing will be held in the proceedings against the protected whistleblower Emir Mesic, an employee of the Indirect Taxation Authority of BiH who has been subject to disciplinary action since he reported corruption in this institution.

On that occasion, the applicant, together with his lawyer and representatives of Transparency International BiH, will give statements to the media at 11:00 am in front of the main entrance to the ITA headquarters in Banja Luka (address: Bana Lazarevića bb) .

Whistleblower Emir Mesic has been suffering repressive measures at work since he pointed out numerous embezzlements with the payment of parking at customs terminals at the end of 2018. . Although Mesic has been granted the status of a protected whistleblower, the Agency for the Prevention of Corruption and Coordination of the Fight against Corruption (APIK) has so far not taken any action to protect the whistleblower from retaliation, despite warnings from the Human Rights Ombudsman. The ITA BIH has so far initiated three disciplinary proceedings against the whistleblower Mešić, in which several irregularities have been noticed so far.

Najava za medije_02.11.2021_

TI BiH: Instead of solving the problem of oxygen supply, the RS Government is trying to legalize irregularities and protect those responsible

Press releases ● 20 October 2021

Instead of using existing procurement mechanisms in urgent and emergency circumstances to solve the problem of oxygen distribution, the Government is embarking on an adventure by passing a new law tailored to the narrow interests of the governing structure and creating parallel institutions

Banja Luka, 20. October 2021. – Transparency International in Bosnia and Herzegovina (TI BiH) warns that the Government of Republika Srpska has not given justified reasons for the urgent adoption of the Law on Medicines and Medical Devices in RS, and recalls that there is already a law governing this area at BiH level. Agency for Medicines and Medical Devices of BiH as an authorized body (regulator).

Due to the circumstances in which such a law is adopted and the establishment of a parallel Agency for Medicines and Medical Devices at the entity level, there are doubts not only about the validity of the adoption of this law at the RS level, but also that instead of establishing responsibility adapts to the narrow particular interests of the governing structure.

Earlier, TI BiH warned and reported to the authorities that unauthorized distributors supply public health institutions with oxygen, and the inspectors determined that this endangers the health of the population. Therefore, it is unacceptable that instead of eliminating these irregularities and sanctioning those responsible, it is trying to legalize this practice, under the pretext that according to the existing regulations, it is not possible to ensure uninterrupted supply of health institutions.

TI BiH reminds that the current regulations allow public health institutions to directly procure medicines in situations when it is required by reasons of urgency and protection of the health of the population, with the approval of the competent entity ministry. However, instead of using the existing procurement mechanisms in urgent and emergency circumstances to solve the problem of oxygen distribution, the Government is embarking on an adventure with the adoption of a new law in the urgent legislative procedure, for which the conditions are also not met.

In the explanation of the Bill, the Government only states that it is passed in an urgent procedure to provide health care to the population, and that failure to pass the law could cause harmful consequences for human life and health, especially due to lack or inability to procure essential medicines for patients. The NARS Rules of Procedure stipulate that passing a law in an urgent procedure is possible only if the law regulates issues and relations arising from circumstances that could not have been foreseen, and failure to pass a law in an urgent procedure could cause harmful consequences for human life and health. As the epidemic has been going on for more than a year, as well as the problems related to the delivery of rolled oxygen, they can no longer be considered circumstances that could not have been foreseen.

Also, if a new regulator of trade in medicines and medical devices were to be established, it would require additional time for the new agency to start working and for all necessary bylaws to be passed within 90 days of the law’s entry into force. The new law would take effect only six months after its publication, leaving 60 days from the day the law enters into force to elect the new Agency’s management. The time needed to establish a new regulatory framework in the field of trade in medicines and medical devices does not justify the urgency in protecting the health of the population, which the Government cites as the main reason for passing the new law.

Press rls – 20.10.2021

TI BiH marks International Freedom of Access to Information Day: Insufficient progress

Press releases ● 28 September 2021

Public authorities more often submit information of public importance within the deadline provided by law, but it is still common that the requested information can be obtained only by conducting court proceedings.

Sarajevo, 28. September 2021. – At the round table, on the occasion of the International Day of Freedom of Access to Information, TI BiH presented the results of research that monitored the implementation of the Law on Freedom of Access to Information at all levels of government in Bosnia and Herzegovina.

The research conducted by TI BiH in the first nine months of the current year showed that out of 442 public companies, 233 of them, or only 52%, submitted the requested information on the composition and fees of management bodies, and on business results. When asked about the amounts allocated to citizens’ associations and foundations, 73 ministries and local communities responded on time, which is 59% of the 122 requests submitted. Inquiries about ongoing and completed criminal proceedings in corruption cases, the courts provided information from 15 of the 34 cases within the legally prescribed deadline. Administrative disputes initiated by TI BiH due to violations of the Law on Freedom of Access to Information generally end within 1-2 years from the date of filing the lawsuit, with a case of waiting for four .

When processing requests for access to information, public authorities usually refuse to conduct a public interest test in cases where the requested information may be subject to some possible exceptions to access to information (protection of privacy, confidential commercial interests or defense and security interests, etc.). Very often, public authorities unjustifiably call for the protection of personal data, and use this as an excuse not to provide the requested information.

In order to point out the prevalence and examples of misapplication of the Law and to influence the authorities in BiH, TI BiH published 122 judgments on its website in which BiH courts ruled in favor of TI BiH against bodies that refused to provide data of public importance.

The round table also discussed the need to pass a new Law on Freedom of Access to Information, which will primarily oblige public authorities to proactively publish information about their work, prescribing it as a legal obligation whose non-compliance entails fines. Civil society organizations reiterated that the latest Draft Law, which was in consultation process, did not meet international standards and was not in line with best practice.

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REPORT ON THE IMPLEMENTATION OF THE LAW ON FREEDOM OF ACCESS TO INFORMATION IN 2021 YEARS

TI BiH: New scandals in the judiciary deepen public distrust

Press releases ● 21 September 2021

It is not good practice for the HJPC not to allow the decision of the Second Instance Disciplinary Commission in the procedure against Gordana Tadić to be published until the parties in the procedure receive a written copy of the decision. Also, the recording of the conversation according to which Chief Prosecutor Tadic is meeting with the director of OBA, while he is being investigated, deepens public distrust in the Prosecutor’s Office of BiH and OBA.

Banja Luka, 21. September 2021. – Transparency International in Bosnia and Herzegovina (TI BiH) considers that it is not good practice for the High Judicial and Prosecutorial Council (HJPC) not to allow the decision of the Second Instance Disciplinary Commission in the proceedings against Gordana Tadić to be made public until the parties receive a written copy . The First Instance Disciplinary Commission imposed a disciplinary measure on the Chief Prosecutor of the Prosecutor’s Office of BiH to move from the position of Chief Prosecutor to the position of Prosecutor, and there is public interest in knowing whether the decision was confirmed by the Second Instance Disciplinary Commission.

TI BiH warns that disciplinary proceedings against judges and prosecutors are characterized by non-transparency in the form of anonymization of decisions issuing public reprimands, and that the public has an interest in being informed about all stages in proceedings against top judicial officials. Especially when disciplinary measures such as transfer or dismissal are imposed. The latest case, in which the HJPC explicitly prohibits the decision from being published until a written copy is delivered to the parties, only confirms the need to change the rules on disciplinary liability of judges and prosecutors to ensure transparency and transparency.

TI BiH also reminds that all this is happening while the video is circulating in the public, which shows that the Chief Prosecutor of the Prosecutor’s Office of BiH, Gordana Tadić, met with the Director of the Intelligence and Security Agency (OBA), Osman Mehmedagić, at a time when this Prosecutor’s Office investigations into his degree, which only deepens public distrust of law enforcement agencies. No one should use the function he / she performs to influence the prosecuting authorities, nor is it advisable for the Chief Prosecutor to meet with senior officials while they are being investigated.

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Due to the contract with Procontrol and Travel4Fun, TI BiH filed criminal charges against the director of the RS Institute of Public Health last year.

Press releases ● 16 September 2021

Transparency International in BiH (TI BIH) reported illegal procurements of medical equipment for which the director of the RS Institute of Public Health and the owners of Procontrol2 and Travel4Fun were arrested to the prosecutor’s office last .

Banja Luka, 16. September 2021. – Illegal procurement of medical equipment due to which the director of the RS Institute of Public Health and the owners of the company “Procontrol2 and „Travel4Fun “ , Transparency International in BiH (TI BIH) reported to the prosecutor’s office last . In the criminal report , TI BIH documented the abuses that led to the illegal conclusion of million-dollar contracts with these companies.

He forwarded tender documents and other evidence to the competent prosecutor’s office of TI BIH, which he received in three separate negotiation procedures worth over 4.3 million marks, where contracts were awarded to these companies, although neither had a license to trade in medical equipment.

Such a condition was explicitly requested in the tender documentation, and regardless of that, the Institute invited these bidders to negotiations. Apart from the fact that they did not have a license from the BiH Medicines Agency, at that time they were not registered to perform this activity because Procontrol deals with electrical engineering, consulting and architectural and construction activities and “Travel for fun” is a travel agency.

The first is in early April 2020. The Institute awarded two contracts to Procontrol for the supply of protective masks and protective suits (one worth 345,000 and the other 1.65 million KM without VAT) and in both cases this company did not meet the requirements set in the tender documents. TI BIH is about that informed the public 30. April and the contract of 1.65 million was terminated in the meantime, with the explanation that “Procontrol did not meet the delivery deadline”.

In almost the same case, a contract worth 2.38 million KM was signed for the purchase of medical protective equipment with the travel agency “Travel4Fun”. TI BIH also received an official confirmation from the Medicines Agency that “Travel4fun” does not have a license to trade in medical devices, but this company was still awarded a contract. The Institute later announced that Travel4Fun was part of a group of bidders with the company “Promeding doo” from Laktasi, which has a license from the Agency, but it is not mentioned in the notice of the Institute published on the public procurement portal from which the public learned about this case.

TI BIH has especially problematized this in the criminal report because there is a justified suspicion that this company was added later in order to try to justify the illegal award of contracts.

Namely, the decision published on the Institute’s website states that the invitation to participate in this procedure was sent only to the unqualified bidder “Travel4Fun”, and that the company “Promeding” also appeared at the meeting on the terms of the bid. Article 28 The Law on Public Procurement explicitly prohibits such actions, because only qualified bidders who have previously been determined to meet the conditions are invited to negotiate. Therefore, their appearance with a company that at that time may have met the conditions does not change the circumstances that indicate serious criminal offenses of illegal provision of benefits to economic entities and negligent work in the service.

TI BIH hopes that this will not be the only case dealt with by judicial institutions, because since the beginning of the pandemic we point out numerous abuses during urgent public procurement procedures, and that this will not be one in a series of cases that remain without a court epilogue. That is why yesterday’s statements of certain officials who are directly putting pressure on the Republic Prosecutor’s Office and trying to justify the actions of the suspects are especially worrying.

PressRls – 16.9.2021