After several months of procrastination, the Draft Law on Prevention of Conflict of Interests of Public Officials at the Institutional Level of Bosnia and Herzegovina (BiH) was adopted. If we bear in mind that BiH is a country that is at the very top in terms of corruption, this law could change that practice and restore citizens’ trust in the system. But are all the loopholes in the law that allowed them to do this closed? And will that open the door to accession negotiations with the European Union (EU)?
It is a very strict law, explained the Minister of Justice of BiH, Davor Bunoza. Unlike the previous one, which was imposed in 2002 by the then high representative, the new one envisages stricter control of assets and additional activities of officials in state authorities, as well as their relatives. Reports on their financial status will be published publicly, and all this data, as well as any potential conflict of interest, will be checked by an independent commission made up of non-party members.
“I heard, I read, they said that the Commission will not be able to obtain data now. This is not true. We clearly signed in the law, in Article 17: All institutions and legal entities must cooperate with the Commission. But, what all the critics skipped, they skipped the provision that says: From 1,000 to 10,000 BAM will be fine for the responsible person in the institution, in the legal entity, who does not submit the requested data to the Commission”, said Bunoza.
This could restore citizens’ confidence in the system, especially if it is known that BiH is one of the most corrupt countries in Europe. Transparency International BiH also welcomes the adoption of the new law, reminding that the ruling structures have obstructed its adoption for years. However, will all this patch the loopholes in the law that leave room for malfeasance? The method of decision-making in the Commission on the dismissal of officials can in practice lead to the fact that the sanctions that provide for the dismissal or resignation are not pronounced at all.
“Although so far we have had certain obstructions when it comes to the previous Commission, in terms of irregular meetings, indecision, inadequate preparation of materials and the like, now the obstructions could appear in a different way, even though the body is different, if it had to be voted by a two-thirds majority or an absolute majority, it is, of course, more difficult to reach a consensus”, said Damjan Ozegovic, Transparency International BiH.
But there is no room for criticism, reassures Bunoza.
“For the most difficult decisions, decisions on dismissal, initiatives to recall the resignation, it is tried to be made by consensus. If a two-thirds consensus fails, that decision must again be made by the institution that appointed that person. The Commission cannot dismiss me, the House of Representatives can. Now, the key thing that everyone skips is that we ensured the right to effective legal protection. We stipulated that the lawsuit postpones the execution of those decisions. That the Court of BiH must issue a final verdict on that decision within 90 days,” he added.
However, for the opposition, among other things, the part related to the composition of the Commission, which excludes representation based on the national key, is disputed, which, they believe, is contrary to the Constitution.
“Specifically, with Article 9, general provision 3, which I will now quote, where it says: officials appointed to positions in BiH institutions, as a rule, reflect the composition of the people of BiH”, said Dzemal Smajic, delegate of the SBiH.
The rulers of both entities agree – a compromise was reached for the sake of the European path, and the adopted law can be refined after the opening of negotiations.
“This is a law that opens up the possibility, even in the parliamentary procedure, to change it, refine it, we are always a partner for that. The only thing is that we are not in favor of imposed solutions”, says Snezana Novakovic Bursac, SNSD.
To recall, the Law on Prevention of Conflict of Interest is, along with the previously adopted Law on Prevention of Money Laundering and Terrorism and the Law on Courts, which is still pending, on the list of key priorities that bring BiH closer to the opening of negotiations with the Union. But, even though BiH leaders repeat again and again that there is no alternative to that path, regardless of which political camp they belong to, why was it delayed in its adoption?
“So that they would become better than they were originally proposed. I must say that the original version of the law on conflict of interest was rather clumsy, illogical,” said Zeljka Cvijanovic, a member of the BiH Presidency.
March 21st, however, will show whether BiH has done its homework, or whether the two adopted laws are not enough for the heads of European states or governments to give the green light to BiH, N1 reports.
E.Dz.