This paper seeks to evaluate the impact of EU policy and funds aimed at improving governance and controlling corruption in Bosnia and Herzegovina. It examines the interrelation between EU conditionality as expressed in different policy documents and the financial assistance provided by the EU. The focus is on the period 2007-13. It tracks the way in which the EU pursues democratic conditionality in BiH, and examines cases that are deemed successes as well as those deemed failures. It also considers how conditionality relating to the provision of EU funds is affected. It evaluates conditionality in the light of BiH’s anti-corruption performance during this period. The paper draws conclusions as to the effectiveness of EU policy and financial assistance in the area of anti-corruption, with a view to informing the ongoing policy debate on how to strengthen EU leverage in improving anti-corruption efforts in aspiring member-states, particularly in a post-conflict context.
Country: Bosnia & Herzegovina
Comparative country reports on institutional performance Countries: Bosnia, Kosovo, Hungary, Italy, Mexico, Russia, Tanzania, Turkey.
The report draws on ethnographic research undertaken in 8 countries object of investigation by the WP partners, namely: Italy, Hungary, Bosnia, Russia, Turkey, Kosovo, Tanzania and Mexico. In addition, an additional chapter (Annex 2) will render the case of Japan which will serve as a contrast case on which to assess ideas and practices of governance and institutional performance through an anthropological perspective. The report includes data gathered through a questionnaire survey undertaken, with minor differences, in all the eight countries included in WP4. The data analyzed comparatively refer to three main fields: perceived and experienced performance of local institutions, local problem and resolution ideas, socio- cultural norms and values. We have identified, following the anthropological literature, a number of cultural issues that are in relation with corruption, or with local citizens’ experiences of the functioning of public institutions in their countries. This first deliverable constitutes an attempt to draw some preliminary conclusions on the interaction between socio- cultural features and governance (both as experienced and perceived) which will be further and ethnographically explored in the final deliverable of this Working Package.
Institutional performance and social values in Bosnia and Herzegovina
This country report presents result of a survey about performance of local instiutions and social values” carried out in Bosnia and Herzegovina (hereinafter BiH). It is a part of a wider research about corruption practices in this countryes approached with an innovative ethnographic metodology and “bottom-up persepctive”. Results of the survey will be here treated not as mere statistical data but analyzed and commented with data deriving from interviews and participant observation.
Bosnia: Voters Spoil Their Ballots to Protect Against Fraud – OCCRP
New Report Published on Anti-Corruption in Bosnia and Herzegovina
The Center for the Study of Democracy (CSD) in Bulgaria has published the report “Countering Corruption in Bosnia and Herzegovina 2001 – 2011”, which was presented to policy makers and stakeholders in Sarajevo at an anti-corruption policy forum on June 12, 2012. The forum is part of an effort by the European Union to empower the civil society in the country in its fight against corruption through exchange of experience with similar organizations in the region.
The report provides an overview of the state and dynamics of corruption and anti-corruption developments in Bosnia and Herzegovina for the aforementioned period. It builds on the local insight of the Center for Investigative Reporting (CIN) in Sarajevo and CSD’s 15 years of experience with regards to monitoring corruption and anti-corruption trends in Bulgaria. The findings are based on the Corruption Monitoring System (CMS), a state-of-the-art tool developed by CSD for monitoring the dynamics of corruption at the national level. This methodology measures not only attitudes and perceptions of corruption, but also actual experiences (i.e. victimization) of citizens. At the forum, CSD’s Program Director Mr. Ruslan Stefanov highlighted that CSD and CIN complemented each other’s efforts as CMS captures the administrative corruption while investigative reporting helps catch political (large scale) corruption.
According to the report’s findings, during the past 10 years corruption pressure in Bosnia and Herzegovina has increased, while the actual participation of citizens in corrupt activities has subsided. It is, however, worrying that despite their reduced encounters with corruption, citizens perceive the phenomenon as ever more widespread and their trust in state institutions to fight corruption is fading. According to Mr. Stefanov, while eradicating corruption is a historically slow process, it is of paramount importance that the justice system restores citizens’ trust in the institution through punishing corruption at the highest level.
Additional information on the Anti-Corruption Policy Forum can be found at csd.bg.
Corruption Rife on Bosnian Campuses – Balkan Insight
Accountability Program in the Western Balkans I
The TI Accountability Programme addresses the existing deficiencies in governments accountability in Bosnia and Herzegovina, Croatia, Serbia and Macedonia by proposing remedies in two key areas of good governance, which are currently insufficiently regulated:
– Conflict of interest of public officials
– Free access to information
The programme also aims at involving civil society in actively promoting and monitoring the above mentioned laws.
These goals are be reached by:
– Raising public awareness;
– Strengthening civil society in the region;
– Enhancing higher level of media professionalism;
– Reducing opportunities for conflict of interest of public officials;
– Ensuring free access to information for citizens.
The three-year programme is being implemented by the TI National Chapters in the respective countries and coordinated by he TI International Secretariat.
The project includes the following activities:
– Assessment of the existing legislation
– Improvement of the Laws
– Public awareness raising
– Training of journalists and CSOs representatives
– Training of public officials
– Monitoring the implementation of the Laws
Association of Electoral Officials
Accountability Program in the Western Balkans II
This regional programme for Bosnia and Herzegovina, Croatia, and Serbia aims strenghting implementation Access to Information law. The programme also aims at involving civil society in actively promoting and monitoring law.
Project goals:
– To improve the quality of Access to Information laws;
– To monitor and encourage harmonization with European standards;
– To maintain popular and media support for anti-corruption initiatives;
– To generate a body of knowledge on Access to Information for use in the region and beyond.
The one-year project was implemented by the TI National Chapters in the respective countries and coordinated by he TI International Secretariat.
The project included the following activities:
– Improving legal standards;
– Testing effectiveness of laws/analysis of obstacles to implementation;
– Assisting users of the law;
– Improving government capacity to implement laws;
– Exploring development of legal cases (e.g. preparation of pilot cases to challenge implementation of FOIA laws, or provisions of information to those preparing cases).
Center for Civic Initiatives (CCI)
Advocacy and Legal Advice Centers
Goals of the project:
Provide the citizens of Bosnia and Herzegovina with an effective instrument for combating corruption in their everyday lives;
Provides citizens with free legal advice for reporting complaints of suspected corruption of public officials, or where the citizen is a victim or has knowledge of corrupt practices;
Makes information on citizens’ rights easily available and accessible to the public;
Raises citizen’s awareness of their rights and possibilities to take actions against corruption;
Opens a dialogue with the national institutions to support the establishment of appropriate mechanisms for citizens’ complaints in order to systemize and organize fight against corruption;
Monitor the work of responsible public institutions during processing of cases of corruption.
PROJECT ACTIVITIES:
Case studies of citizen’s complaints against corruption, using statistics and qualitative examples (who complains about what, which agencies were involved, which authorities were most vigilant in pursuing corruption, etc.);
Monthly press releases and reports to the public;
“Should I complain?” an ethical brochure for citizens about why individual action is important for combating corruption;
Training manual for government agencies on dealing with citizen’s complaints and obligations under freedom of information and conflict of interest;
Cooperation with journalists and radio and TV broadcasters on small programs about corruption cases.
Center for Humane Politics
Advocacy, Implementation and Evaluation of the National Integrity System, with Particular Focus on the Privatizations of Strategical Enterprises in BH
The aim of the project was the adoption of the document “Improvement of the National Integrity System-Proposal for Anti-corruption Strategy in Bosnia and Herzegovina“ supported by the Parliamentary Assembly of Bosnia and Herzegovina, which has authority to provide measures of this document and monitoring full scale of improvement mentioned measures. The focused particularly on the privatizations of strategical enterprises in Bosnia and Herzegovina and another form of private investment, monitoring public company in strategically areas, comprehension with civil partnership organizations and media. All mentioned partnership organization must have access to current process in their community that would bring transparent process of privatization in accordance with the law and world’s best practice.
PROJECT ACTIVITIES: Improvement of the National Integrity System – Proposal for Anti-corruption Strategy in Bosnia and Herzegovina
Analysis legislation in field of privatization and alignment with international standards and best practice
Monitoring and reporting individual cases of privatization
Cooperation and networking with partnership organizations
Preparing recommendations using best practice
Center for Investigative Reporting in Sarajevo
Corruption as an election issue
A research on public opinion was conducted in September 2002. Its results were presented in the media. The project raised the public awereness about corruption, promoted important values of transparency and dedication in fighting the poverty, influenced political parties to pay attention to corruption issues in their activities. The project put pressure on non transparent politicians and their political parties and supported the implementation of the national anti-corruption strategy. This project also reinforced the civil society organisations’ role in fighting corruption as well as the role of Transparency International in the monitoring of political system in Bosnia.
Civil Society Promotion Center
Corruption Perception Study 2002
The Corruption Perception Study in Bosnia and Herzegovina is a comprehensive attempt of the non-governmental sector to establish the basic diagnosis of this acute social problem, and to create an instrument for its continuous monitoring. The result of the project was the creation of a database for the whole country, containing detailed information on sectors, level of government, institutions etc., where the citizens gave their judgment of the extent to which the corruption is rooted in the society, and their perception of the ways to confront it most efficiently. Publishing of the results, particularly during the pre-election period 2002., was part of the strategy employed by the Transparency International BiH (TI BiH), to point to those in power at their failures so far and impose the new agenda for the general elections and the wish of the citizens of BiH for their country to start introducing the rule of law, what had been awaited in vain for seven years now, since the cease of the war activities.
EDA – Development Agency (NGO)
Election Law and Conflict of Interest Law – experiences and practice
The main goal of the project was the exchange of the experiences on good practice and lessons learned between Bosnia&Herzegovina, Serbia and Croatia on the field of Election Law and Conflict of Interest Law in order to make changes in all three countries regarding this issue. The three regional meetings were organized gathering representatives from NGO sector and government institutions which resulted with the recommendations for improvement of both laws. These recommendations were delivered to the competent institutions.
Corruption Perception Study 2004
The goals of the project were to:
– Undertake a public opinion survey regarding the perception of corruption and compare the results of the survey with the baseline database developed in 2002;
– Publish the survey in both languages (local and English) and distribute to the BiH authorities at all levels including the Council of Ministers, Entity governments as well as the leading International Community representatives. The governments may opt to use the survey as an assessment base for their anti-corruption policies;
– Promote results trough mass media;
– Inform the citizens of BiH that currently have no access to information and understanding of the implications of corruption and lack of government transparency, particularly those that are relevant to them and their region;
– Stimulate broader public discussion on anti-corruption issues;
– Strengthen the rule of the law;
– Improve accountability and transparency of the public sector: public finance management, clearer budgets, prohibition of conflict of interest, depolarisation of administration;
– Involve citizens in corruption combating: associations for controlling and fighting corruption, partnership with governments, organizing political parties, influence on the leaders.
Human Rights Radio Network
Research project: the participation of citizens in decision-making in 2009
The project goal was to analyze the perception and experiences of citizens and public officials regarding the participation of the citizens in decision-maiking. Finnally the CCI marks the progress in the influence of the citizens on decision making. The approch used for this analysis was the study of legal framework for the participation of citizens in decision-making and the research on the perception of citizens about their participation in decision-making.
Elections Corruption Perception Survey 2008
The main aim of the general project Election Corruption Perception Study 2008 is monitoring the level of corruption of the BiH social pillars and measurement of the governments’ progress in corruption combating. Periodical measurement of level and trends of corruption in BiH by implementing the Corruption Perception studies is one of the TI BiH’s major activities, and the project is of enormous relevance to BiH. TI BiH has published the Corruption Perception Studies in years 2002 and 2004, based on the surveys of the citizens’ opinion on the level of corruption at all governance levels, the level of corruption rooted in the society and the efficient ways of the anti-corruption campaign. The TI BiH Corruption Perception Study became an on-going monitoring instrument, a unique measurable and verifiable indicator of progress in combating corruption or the lack thereof. The size of the 2004 survey sample (1200 respondents) and a carefully developed methodology enabled TI-BiH to produce a meaningful and strong evidence of performance of all the institutions in the country as well as of the various geopolitical areas.
The Election Corruption Perception Studies gained the recognition as the most comprehensive corruption related survey in BiH ever. Besides numerous media appearances, downloads from the TI-BiH website and distributed circulation of 3000 copies of the Studies 2002 and 2004, both in local and English language, every single think-tank and institution dealing with the Balkans have requested some form of presentation of the findings from the Studies. Such presentations have been produced both in the country as well as in over a dozen of other countries at the international fora.
Klubi per Politike te Jashtme (Club for Foreign Policy)
Research project: monitoring of public expenditure and analysis of public auditing
This research project was focused on the monitroing of public sector, more precisely on poblic sector expenditure. This research was analyzing the organisational capacitites of public auditing agencies on the national and canton level, their efficiency, acting of audited subjects, the efficiency of prosecutor’s office and parlaments in regard to the auditing agecies reports. This research was focused also on the recommendations of public saving and unpaid claims in the public sector. One of the main activities in this project was the submission of the criminal charges against the responsible officers from the public tax offices as they didn’t assure the tax payment of millions of marks because they were corrupted. Other activitites (on voluntry basis) and in relation to this topic were focused on the (1)analysis and investigation of institutional efficiency in fight against organized crime and economic crime, mafia in building/construction sector and local governement officials’ abuse of powers (2) submisson of more than 30 criminal charges for organised crime, non legal construction activitites, war crimes, several millions of dammage (3) submission of 20 criminal charges in relation to the work of judges and state prosectuors (4) presentaiton of more than 10 solutions of identifed problems to the institutions in charge (5) submission of the propositon for the evaluation of the decision of the municipality which legalised the construction projects which were aginst the law (6) vivisbility activitites in relation to the above mentioned activitites