Analysis of the implementation level of the BiH Anti-corruption Strategy 2009-2014

Second periodical report Transparency International BiH

One year following the enactment of the Anti-corruption Strategy (2009 – 2014) and the Law on Anti-corruption Agency, it can be stated that things are not progressing with desired dynamics envisaged in the relevant strategic documents. Fighting corruption is not simple, especially taking into account international reports reading that corruption exists at highest levels of authority and politics, that are at the same time responsible to initiate and realise activities in this area. This paradox is especially ”complicated” in Bosnia and Herzegovina because the issue of corruptive behaviour of high officials and politicians is still often interpreted as an attack against ”ethnic integrity and identity” of an entire ethnic group. Numerous authors dealing with the issue of corruption (Rose-Ackerman, Keefer and Knack) have found corruption and ethnic division to be coupled.

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 As a matter of fact, ”competition” among different ethnic groups within the same country and fear of ostracism leads to respect for bureaucracy which abuses it for corruptive purposes. Therefore, it is not surprising that the documents including the Anti-corruption Strategy have not been used by the institutions belonging to cantonal and entity level of authority where ethnic division remains dominant.
There are numerous issues concerning the implementation of the Anti-corruption Strategy. Insufficient involvement of all relevant stakeholders in the implementation of the Strategy, lack of planning of necessary resources and improvement of operative aspects of certain components of the Strategy and their realisation are some of those issues. As for the implementation of the Strategy, some activities are implemented but beyond the overall implementation plan. They are implemented rather as ad hoc activities following the pressure exerted either by national or international organisations.

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No awareness of the general public of the so far realisation of certain activities concerning the implementation of the Anti-corruption Strategy was not visible in the previous year except for the BiH Council of Ministers, BiH Ministry of Security, some delegates in the BiH Parliamentary Assembly, international organisations and local non-governmental organisations dealing with the issue. There are numerous reasons for this. Firstly, the Anti-corruption Strategy (2009 – 2014) has never been adequately communicated to the entity, cantonal and local level of authority. Therefore, it has never been on the agenda of the FBiH Parliament or RS National Assembly. It has not been discussed at sessions of entity governments or Brcko District Government despite the fact that the Law on Anti-corruption Agency stipulates that entities, cantons and BiHBrcko District shall adopt and develop anti-corruption strategy and the corresponding action plan according to general principles provided in the national Anti-corruption Strategy. Therefore, it is not surprising that other stakeholders – local self-governance units, public enterprises and institutions, universities, civil sector, citizens, media and private sector are not aware of it. The analysis shows the fact that none of the levels of authority except the state level of authority takes the Anti-corruption Strategy 2009 – 2014 as a document committing them to devote to certain activities. At the same time, taking into account little achievement made, commitment of certain state-level institutions to deal with issues from the Anti-corruption Strategy also remains questionable.

Failure to communicate the adopted document to all stakeholders is the major reason for the existing situation.
Another concern related to current and future implementation of the Strategy has to do with the ”ownership of the Strategy”. Speaking of strategies, one tends to discuss planning documents of broad consensus relating to all stakeholders that are numerous. Analysing programme documents of political parties participating at general elections in 2010, it has been found that no political party indicated importance of implementation of the existing 2009 – 2014 Anti-corruption Strategy, including its objectives and activities.

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Instead, they spoke of fighting corruption as of something yet to start. Finally, work of the most responsible ones should be addressed concerning the so far implementation of the Strategy and the Law on Anti-corruption Agency. They are the members of the special commission that was formed ad hoc  and in charge of establishment of the list of candidates for the position of the director of the Agency. The Law stipulates that the Agency is an independent and self-governing administrative organisation responsible to the Bosnia and Herzegovina Parliamentary Assembly, while the Bosnia and Herzegovina Parliamentary Assembly shall nominate the Director of the Agency following the proposal by the special Commission for selection and monitoring of the functioning of the Agency through the procedure of open competition pursuant to Law on nomination of ministers, Council of Ministers, and other nominations of Bosnia and Herzegovina, following the examination performed when nominating the members of the Bosnia and Herzegovina Council of Ministers. The nomination of the director was the major activity of the special Commission of the BiH Parliamentary Assembly in the previous year. Only at its 5th session, the Commission managed to establish the list of candidates for this position. As the Anti-corruption Agency lacked its formal managerial staff in 2010, that is, the management was done by the acting director whose mandate was renewed on more than one occasion; it is not surprising that no achievement was made in its operation. Actually, as the director shall enact the Rulebook on systematisation of positions and code of conduct of the employees, there is no wonder that the said documents are missing and that many Strategy activities have not been implemented. Taking into account the position of the Anti-corruption Agency, the funds for its operation and Strategy implementation are consequently missing, which hampers the implementation of the foreseen activities. Analysis of the draft 2011 – 2013 BiH framework budget indicates that the BiH Council of Ministers does not plan to allocate funds for implementation of the Anti-corruption Strategy and proper operation of the Anti-corruption Agency. Actually, there is no item of the Anti-corruption Agency in the 2011 – 2013 BiH framework budget. The Strategy can be implemented only if funds are ensured based on which activities could be carried out. Thus, the Action Plan must specify expenditure for group activities as well as the source of funding (budget, international donors, etc.). Unfortunately, neither the Strategy nor the Action Plan specifies expenditures – which additionally slows down further implementation and development of the implementation capacities.
Given the recognized need for establishing institutionalized cooperation with the authorities, as well as efficient mechanisms for the monitoring and evaluation of the implementation of the activities foreseen by the Strategy, which would enable a continuous, active and sustainable involvement of the civil society organisations in the policy development and implementation, Transparency International BiH has initiated the signing of the Memorandum of Understanding with the Ministry of security BiH and the Agency for the prevention and coordination of the fight against corruption. This activity aims at promoting the participation of civil society and non-governmental organisations in the prevention and fight against corruption, as well as strengthening transparency and ensuring efficient mechanisms in accessing information for the successful implementation of the Strategy in the context of the reforms required by BiH in the European integration process……….

D o w n l o a d:

Analysis of the Strategy implementation