TI BiH: The work of the Commission for Deciding on Conflict of Interest is blocked again. Sanctions against Nermin Nikšić and Draško Milinović were on the agenda

Transparency International in BiH (TI BIH) condemns the continuation of the blockade of BiH Commission for Deciding on Conflicts of Interest, which could not hold a session today due to lack of a quorum, and it is a continuation of a practice that has been happening for years due to political way of making decisions in this Commission. On the agenda were draft decisions on sanctions against several officials, including those against the current Prime Minister of the Federation of BiH, Nermin Nikšić, and the Director of the Communications Regulatory Agency (RAK), Draško Milinović, who were reported by TI BiH for a conflict of interest.

TI BiH filed the complaint against Nikšić in October of last year while he was a member of the House of Representatives of Parliamentary Assembly of BiH, because his son is the director of the company that did business with the public company “Igman” d.d. Konjic, which is clearly prohibited by the Law on Prevention of Conflicts of Interest in Bosnia and Herzegovina. The situation did not change even after Niksic became the Prime Minister of the Federation of Bosnia and Herzegovina, and this practice is also prohibited by the federal law, but since 2013 there has been no competent body to which a report can be submitted, and the new government withdrew from the procedure the law that would have resolved this issue.

Also, proceedings were initiated against RAK director Draško Milinović, who was previously reported by TI BiH because he is the head of the Tennis Association of the Republic of Srpska, which received millions of dollars from several levels of government for the construction of tennis courts in Banja Luka, even though state officials are prohibited to lead associations that are financed from the budget. Today, the commission had ready draft decisions on sanctions against SNSD MP Obren Petrović and former director of the Agency for Medicines and Medical Devices BiH Aleksandar Zolak. It is interesting that there is still no decision on the report by TI BiH against Milorad Dodik, a member of the BiH Presidency at the time, who was also reported due to the situation in which the private companies of members of his immediate family had business with the state.

TI BIH has been insisting for years on the adoption of a new Law on Conflict of Interest in the Institutions of BiH, which would, among other things, enable an independent commission to determine a conflict of interest, because the current practice of political decision-making through members that are mostly representatives of the Parliament, has shown that numerous decisions against influential officials cannot be made, because political blockades. Apart from the fact that the work of the Commission at the state level is completely ineffective and often blocked, the law is not applied in the FBiH, and the Government of the FBiH withdrew the draft of the new law from the procedure, while in the Republic of Srpska this week a law which practically legalizes the occurrence of conflicts of interest should be adopted .

In addition, activists, journalists and civil society organizations who indicate a conflict of interest are exposed to the risk of criminal prosecution in the Republic of Srpska for “revealing the personal and family circumstances” of public officials, whose close relatives do business with the state, because the amendments to the Criminal Code in the RS stipulate this as a criminal offense, where the truth of the claims is irrelevant. Therefore, it should be recalled that BiH, through the process of European integration, has committed itself to improving the legislation on conflict of interest and that this issue will not be resolved until the laws at all levels are harmonized and independent bodies for deciding on conflict of interest are established.