TI BiH: The decision of the National Assembly of the Republic of Srpska is a continuation of the attack on associations and media that are not under the control of the authorities

Banjaluka, September 28, 2023: Transparency International in Bosnia and Herzegovina believes that today’s adoption of the Draft Law on the Publicity of the Work of Non-Profit Organizations is a continuation of the attack on citizens’ associations and media that are not under the control of the authorities in the Republic of Srpska. Despite reasoned criticism that could be heard in the National Assembly of the Republic of Srpska, even from the representatives of the ruling majority, that this law designates all organizations financed from abroad as “agents of foreign influence” regardless of their activities, in the end, the adoption of such a draft was not abandoned, the withdrawal of which was requested by numerous domestic and international organizations.

TI BiH, through comments submitted on this law, indicated that it violates the rights to freedom of association guaranteed by the constitution, that it is not in accordance with the Constitution of BiH and the European Convention on Fundamental Human Rights and Freedoms, and that it can serve as a basis for banning the work of independent organizations and free media. All other claims that could be heard at the session of the National Assembly of the RS are that the goal of this law is for citizen associations to “pay taxes, submit financial reports, etc.” are completely unarguable because such obligations already exist and are regulated by different laws.

It is also completely absurd to talk about the “publicity of the work of non-profit organizations” and the need to ban them from “political activity” because the Government of the Republic of Srpska continues to hide information about non-governmental organizations that are financed with public money and that openly carried out political activities by holding rallies in support of the government.

This absurdity is even greater because today at the same session, the amendments to the Law on the Prevention of Conflict of Interest were adopted, which officially legalize the right of public officials to have their own non-governmental organizations that are financed from the budget, and to whom from now on they can freely allocate millions of dollars “if they do not receive a salary for their work in an NGO”. TI BIH has repeatedly warned that this law will legalize cases of conflicts of interest of numerous officials and advisers who lead non-governmental organizations financed with millions from the budget and that the last obstacle to the concentration of power in the hands of the eligible and the extraction of public money through such associations will be lost. Therefore, it can be said that at the same session, corruption and extraction of public money through non-governmental organizations connected to the authorities was legalized and the first step was taken towards the demonization and ban of the work of independent associations and media that point to such phenomena.

It is particularly controversial that this law restricts freedom of expression and prohibits one of the basic rights, such as proposing laws. Also, the introduction of the obligation for associations financed from abroad to label materials creates a danger of stigmatization, and the procedure for deletion from the register of “agents of foreign influence” is not foreseen.

TI BiH believes that this law, along with the recent changes to the Criminal Code criminalizing slander, is a continuation of the government’s announced attempts to stifle any public criticism by all means, and even suppress any public criticism with the methods typical of totalitarian regimes.