TI BiH welcomes the adoption of the new Law on Conflict of Interest: An Appeal to the House of Peoples to Support Improvement

The new Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina, adopted by the House of Representatives of the BiH PA, is a step forward compared to the existing legal solution, as it prescribes clearer prohibitions on performing multiple functions, as well as profit and financial interest from private companies with the state.

Banja Luka, 13. January 2021 – The new Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina, adopted by the House of Representatives of the BiH PA, is a step forward compared to the existing legal solution, as it prescribes clearer prohibitions on performing multiple functions, as well as on profit and financial interest from private companies. with the state. The new law in this form was confirmed by the House of Peoples of the BiH PA, and many elected officials from the state level will have to give up double functions, and the same standards should be established by the lower new authorities. Data recently published by Transparency International in BiH (TI BiH) show that as many as 61 officials at the level of BiH, entities and cantons perform more than one function. TI BiH has participated in the drafting of this law from the beginning and initiated its adoption, and although it has undergone certain changes in the parliamentary procedure, it still meets the basic international standards and conditions set before BiH by the European Commission.

This version of the law is a huge improvement over the recent version proposed by the BiH Ministry of Justice, which allows officials to own or direct private companies that win tenders or lead budget-funded associations if money and tenders come from lower levels of government.

Also a huge step forward is the article banning officials from using public office or public resources for political 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, so the adoption of such a law would be a huge progress in enabling fair and honest elections.

Certainly one of the most significant improvements is the introduction of control over the property records of public office holders, which has not existed so far. It is important to point out that this law should be implemented by an independent commission, instead of the previous commission in which elected parliamentarians sat and decided on their own responsibility and conflict of interest of their party colleagues.

Improving the law on conflict of interest is one of the 14 key priorities that the EU has set for BiH, but resolving this issue has been blocked for years because many decision-makers are in conflict of interest. That is why TI BiH appeals to the House of Peoples of PSBIH to also adopt this law and finally show readiness to improve anti-corruption laws, and the key will be the support of HDZ and SNSD delegates, who did not support this law in the House of Representatives. Therefore, the key and clear message from the EU is the insistence on the adoption of a quality legal solution, and not just cosmetic changes.

Press rls_13.1.2021