The Group of States against Corruption (GRECO), which monitors member states’ compliance with the Council of Europe’s anti-corruption instruments, has published the third evaluation cycle on Bosnia and Herzegovina (BiH)‘s compliance with GRECO’s recommendations on the topics of incrimination and transparency of political party funding.
GRECO states that BiH has not made any tangible progress since the adoption of the Addendum to the Second Compliance Report. Out of a total of 22 recommendations, only ten were implemented satisfactorily. Eight recommendations remain partially implemented, and four have not been implemented.
As for incrimination, BiH complied with most of the recommendations contained in the Evaluation Report. GRECO reminds that the country’s criminal legislation consists of four criminal laws at different levels of government: state level, Federation of BiH (FBiH), Republika Srpska (RS) and Brcko District.
It is positive that the amendments to the Criminal Code of the RS abolished the provision on actual remorse, introduced the concept of third-party beneficiaries in the provisions related to active bribery, and harmonized sanctions for some provisions on passive bribery with those included in the Criminal Code of the FBiH and Brcko District.
Furthermore, the Criminal Codes of RS and Brcko District criminalize bribery in the private sector in special provisions, which differ from those on bribery in the public sector. However, this is not the case for the Criminal Code of the Federation of BiH. Then, some other shortcomings remain, especially with regard to the harmonization of sanctions on the entire territory of the country.
The authorities in BiH are invited to continue the reform process in order to ensure a fully harmonized and consistent legal framework for the criminalization of corruption offenses throughout the country, in accordance with the Criminal Law Convention on Corruption (ETS 173).
Regarding the transparency of party financing, only one recommendation was satisfactorily implemented on the issue of publishing data on the finances of political parties and political entities participating in elections. In addition, only partial solutions were sought in response to the deficiencies identified in the Evaluation Report.
For example, political parties were required to keep records of membership fees and voluntary contributions and issue certificates thereof, include receipts from related entities in financial accounts, and establish internal financial control mechanisms.
However, it is necessary to additionally promote the use of the banking system for contributions to political parties, to introduce the principle of a single campaign account, to achieve increased transparency of accounts and activities of entities associated with political parties, regarding violations of election financing rules, to introduce defined and effective, proportionate and dissuasive sanctions in the area of political funding for all associated violations and for all individuals involved.
Although a new Service for Auditing the Financing of Political Parties was established at the Central Election Commission (CEC), there is no evidence of an increase in financial and personnel resources allocated to the CEC for the performance of supervisory functions related to both party and election financing, nor is cooperation and coordination between the CEC, tax authorities and law enforcement agencies strengthened at the operational and executive level.
The reform process needs to be energetically implemented in order to further increase the transparency of political funding and the role of political parties as a fundamental element of the democratic system.
GRECO once again called on the authorities in BiH to fully implement the eight (out of nine) recommendations on the topic of party financing transparency that remain unresolved, Federalna reports.
E.Dz.
