NATIONAL INTEGRITY SYSTEM ASSESSMENT BOSNIA AND HERZEGOVINA 2015 THIS PROJECT IS FUNDED BY THE EUROPEAN UNION. 1 2 NATIONAL INTEGRITY SYSTEM ASSESSMENT BOSNIA AND HERZEGOVINA NOVEMBER 2015 THIS PROJECT IS FUNDED BY THE EUROPEAN UNION. 3 © Transparency International Bosna i Hercegovina BANJA LUKA Gajeva 2 78000 Banja Luka SARAJEVO Mehmed Bega Kapetanovića Ljubušaka 4 71000 Sarajevo www.ti-bih.org 4 THE NATIONAL INTEGRITY SYSTEM ASSESSMENT (NIS) OF BOSNIA AND HERZEGOVINA IS PREPARED BY TRANSPARENCY INTERNATIONAL BIH IN COOPE- RATION WITH TRANSPARENCY INTERNATIONAL SECRETARIAT IN BERLIN (TI-S). THIS PROJECT IS FUNDED BY THE EUROPEAN UNION. THIS PUBLICATION HAS BEEN PRODUCED WITH THE ASSISTANCE OF THE EUROPEAN UNION. THE CONTENTS OF THIS PUBLICATION ARE THE SOLE RESPONSIBILITY OF TRANSPARENCY INTERNATIO- NAL BIH AND CAN IN NO WAY BE TAKEN TO REFLECT THE VIEWS OF THE EUROPEAN UNION. 5 6 BOSNIA AND HERZEGOVINA 2015 AUTHORS Lead researcher: Srđan Blagovčanin Researchers: Aleksandar Draganić, Ivana Korajlić, Emsad Dizdrević, Lejla Ibranović Project manager and editor: Lejla Ibranović Translation into English: Vojislav Boljanić LEAD RESEARCHER Srđan Blagovčanin is the Chairman of the Board of Directors of Transparency International Bosnia and Herzegovina (TI BiH). He is an expert in the rule of law, fight against corruption and good governance. He has authored a number of studies and analyses on these topics, and worked with the World Bank, USAID, Global Integrity and many other national and international organisations. 7 8 BOSNIA AND HERZEGOVINA 2015 ACKNOWLEDGEMENTS TI BiH owes the deepest debt of gratitude to the following researchers who provided assistance in the research and development of several chapters of this publication: • Aleksandar Draganić (Holds a master’s degree in economy from the University of Staffordshire, Stoke- on-Trent, England. He works as a full-time public policy expert at the development agency EDA. He has partici- pated in numerous projects focusing on economic deve- lopment, decentralisation, good governance and local government development, and authored or co-authored a number of publications and studies.) • Ivana Korajlić (Holds a bachelor’s degree in commu- nications and a master’s degree in corporate com- munication. Since 2008 she has been employed on a full-time basis in TI BiH as a programme manager and spokeswoman. She has participated in the development of numerous analyses and studies in areas such as political party financing, higher education, etc. as well as in projects run by other civil society organisations fo- cusing on education about the fight against corruption.) 9 NATIONAL INTEGRITY SYSTEM ASSESSMENT • Emsad Dizdarević (Project coordinator and researc- Mevludin Halilović, MoI of the Sarajevo Canton her at TI BiH. He graduated from the Faculty of Political Sciences, University in Sarajevo. He has participated in Thanks are also due to the members of institutions who the preparation of numerous studies and analyses. His were interviewed by the researchers for the purpose of fields of interest include the rule of law, fight against preparing reports on a number of individual pillars in corruption and good governance.) this NIS study: • Lejla Ibranović (Acting Executive Director of TI BiH. She holds a master’s degree in “Politics and Govern- Jasminka Džumhur, Ombudswoman for human Rights ment in the EU” from the London School of Economics of BiH and Political Science, UK. Her particular area of interest Sead Lisak, director the Agency for Prevention of is the EU integration and state-building in post-conflict Corruption and Coordination of the Fight against Corrup- societies, with special focus on the rule of law and good tion governance.) Adis Arapovć, Centres of Civic Initiatives Sanja Tošović, Central Election Commission of BiH The initial findings were significantly improved following Almir Terzić, journalist and political analyst the NIS Workshop, held at the Civil Society Promotion Faruk Borić, Federal News Agency FENA Centre in Sarajevo on 5 November 2015, which was Darko Brkan, citizens’ association “Zašto Ne” attended by: Bojan Kovačević, Development Agency EDA Leila Bičakčić, Centre for Investigative Reporting Dragan Slipac, deputy director of the Agency for Vesna Vukmanović, member of NGO ICVA Prevention of Corruption and Coordination of the Fight Armin Kržalić, Centre for Security Studies against Corruption Nermina Zaimović-Uzunović, Social Democratic Party Alena Kurspahić, High Judicial and Prosecutorial BiH and member of the Parliamentary Assembly of BiH Council of BiH Amila Mujčinović, lawyer Munevera Baftić, Office for Audit of Institutions of BiH Stevo Pucar, PhD, Faculty of Economy Banja Luka Muamer Kosovac, MoI of the Sarajevo Canton Prof. Zdravko Zlokapa, PhD, Faculty of Political Scien- Elvedin Okerić, Assembly of the Sarajevo Canton ces Banja Luka Damir Dajanović, citizens’ association “Zašto Ne” Mirza Ustamujić, former member of the House of Minela Alibegović, Office of the Government of FBiH for Representatives of the Parliament of FBiH Legislation Emir Prcanović, Vaša prava Alija Bakšić, Association of Employees of BiH Halid Emkić, Police of the Brčk District BiH Aleksandra Zelić, Centre for Investigative Reporting Branislav Borenović, MP in the National Assembly of Irma Salčin, Institution of the Human Rights Ombud- RS and President of the Party of Democratic Progress sman of BiH Bodo Weber, Democratization Policy Council Elma Tabak, Office of the Government of FBiH for Legislation TI BIH remains especially grateful for the expertise of Zaim Beriša, Social Democratic Party (SDP) BiH TI Secretariat–Berlin experts: Andrew McDewitt and Jakuf Subašić, Central Election Commission of BiH others who have contributed to the improvement of the Srđan Mikić, Office of the Government of FBiH for NIS Study methodology, its quality, clarity of message Legislation and consistency. 10 BOSNIA AND HERZEGOVINA 2015 We owe an immense debt of gratitude to Saša Đorđević for his graphic design and DTP services. The TI BiH 2015 National Integrity System Study for Bosnia and Herzegovina has been produced with the financial support of the European Union. 11 12 BOSNIA AND HERZEGOVINA 2015 ABBREVIATIONS AND ACRONYMS ABBA/CEELI – American Bar Association/Central-East CIN – Centre for Investigative Reporting European Legal Initiative CJB – Public Security Centre ADA – Austrian Development Agency CM BiH – Council of Ministers of Bosnia and Herzego- AECID – Agencia Española Cooperacion International vina Para El Desarrolllo CMS – Court Management System (software) AFET – European Parliament Committee on Foreign CoE – Council of Europe Affairs CPC – Criminal Procedure Code Agency – Agency for Prevention of Corruption and CPI – Corruption Perception Index of TI Coordination of the Fight against Corruption CPI – Public Interest Advocacy Centre ALAC – Advocacy and Legal Advice Centre CPT – The European Committee for the Prevention ALDI – Agency for Local Development Initiatives of Torture and Inhuman or Degrading Treatment or BD BiH – Brčko District of Bosnia and Herzegovina Punishment BFP – Budget Framework Paper CRA – Communications Regulatory Agency BHJ – BiH Journalists CRINIS – Study into the Transparency of Political BHRT – Radio and Television of Bosnia and Herzegovi- Financing na, public service broadcaster of BiH DAP – Dayton Peace Accords BiH – Bosnia and Herzegovina, Bosnian and Herzego- DB – Development Bank vinian DCF – Donor Coordination Forum BLSE – Banja Luka Stock Exchange DfiD – Department for International Development BP – Border Police DNS – Democratic People’s Alliance BTI – Bertelsmann Stiftung EBRD – European Bank for Reconstruction and Deve- CA – Citizens’ Association lopment CCI – Centres of Civic Initiatives EC – European Commission, European Community CEC BiH – Central Election Commission of BiH ECHR – European Court of Human Rights CIDA – Canadian International Development Agency EDA – Development Agency 13 NATIONAL INTEGRITY SYSTEM ASSESSMENT EU – European Union Bosnia and Herzegovina EUPM – European Union Police Mission MOI RS – Ministry of the Interior of the Republika EUSR – European Union Special Representative Srpska FBiH – Federation of Bosnia and Herzegovina NARS – National Assembly of the Republika Srpska FENA – Federal News Agency NATO – Northern Atlantic Treaty Organization FMC – Financial Management and Control NGO – Non-governmental organisation FPA – Federal Police Administration of FBiH NHDR – National Human Development Report FPI – Foreign Policy Initiative NIS – National Integrity System FTV – Federal Television, public service broadcaster of ODIHR – Office for Democratic Institutions and Human FBiH Rights GAP – Governance and Accountability Programme OECD – Organisation for Economic Co-operation and GCB – Global Corruption Barometer Development GDP – Gross Domestic Product OHR – Office of the High Representative GONGO – Governmental non-governmental organisa- OPDAT – Office of Overseas Prosecutorial Development, tions Assistance and Training GRECO – Group of States against Corruption OSA/OBA – Intelligence-Security Agency GVA – Gross Value Added OSCE – Organisation for Security and Co-operation in HDI – Human Development Index Europe HJPC – High Judicial and Prosecutorial Council OSF – Open Society Fund IATI – International Aid Transparency Initiative PA BIH – Parliamentary Assembly of Bosnia and ICITAP – International Criminal Investigative Training Herzegovina Assistance Program PC – Parliamentary Committee IDDEEA – Agency for Identification Documents,