Global Integrity Report

Bosnia and Herzegovina Home

Timeline

Notebook

Integrity Scorecard

2009 Assessment

Bosnia and Herzegovina: Integrity Indicators Scorecard

Bosnia and Herzegovina: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
74	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
75	Is the anti-corruption agency effective?	44
76	Can citizens access the anti-corruption agency?	25

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

74: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: There is no government anti-corruption agency. Instead, anti-corruption tasks are divided among existing police agencies, ministries and prosecutor's office. Absence of rule of law and an inadequate judicial system are considered among the major causes of corruption in Bosnia and Herzegovina (BiH), as are complicated political and administrative systems and inadequate influence of the private sector and civil society on the governments.

One of BiH's international obligations as per adopted and ratified international documents is to establish and anti-corruption body. In April 2009, the Council of Ministers issued a decision forming a working group charged with drafting the Law on Anti-Corruption Agency. As the draft law has already been drawn up by the American Bar Association/Rule of Law Initiative (ABA- ROLI) with full participation of competent state institutions (representatives of the Ministry of Security, Ministry of Justice, State Prosecutor's Office, Central Election Commission, and State Border Police), the establishment of the new working group can be seen as a way to buy time, as there is no actual political will to establish the agency.

References: Law on the Prosecutor's Office BiH, Official Gazette Nos. 24/02, 42/03

Amendment, Official Gazette Nos. 03/03, 37/03, 42/03, 09/04, 35/04, 61/04

Law on the State Investigation and Protection Agency, Official Gazette No. 27/04

Peer Review Comments: [ LINK ]; [ LINK ])=en

Bosnia and Herzegovina has made little progress in fighting corruption. A positive development has been the adoption of a new Strategy for fight against corruption for 2009-2014, plus a related Action Plan. Furthermore, a draft Law on Agency for the prevention of corruption and on cooperation in the fight against corruption has been prepared and is under adoption.

Is the anti-corruption agency effective?

75a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments:

References: Law on the Prosecutor's Office BiH, Official Gazette Nos. 24/02, 42/03

Amendment, Official Gazette Nos. 03/03, 37/03, 42/03, 09/04, 35/04, 61/04

Law on the State Investigation and Protection Agency, Official Gazette No. 27/04

75b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments:

References: Interview with the principal deputy of High Representative, Raffi Gregorian GLOBAL, Aug. 13, 2009 [ LINK ]

COMMISSION OF THE EUROPEAN COMMUNITIES BOSNIA AND HERZEGOVINA 2008 PROGRESS REPORT, Brussels, Nov. 5, 2008 [ LINK ]

Peer Review Comments: The 2009 European Commission Progress Report (p. 14) raises a wide variety of concerns regarding the fight against corruption.

75c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: Please see comments for judiciary and law enforcement agencies.

References: TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

Peer Review Comments: There is not a single body in BiH that would be defined as the anti-corruption agency. Appointments to different agencies that deal with anti-corruption, as well as removals of corrupt figures, are influenced to different degrees by political and other kinds of judgments.

75d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments:

References: TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

75e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: Of the law enforcement agencies, the key role in legal processes against corruption is held by SIPA [State Investigation and Protection Agency], which has also been subjected to political pressure for performing its statutory duties. In addition to political pressure, the key problem that SIPA faces is a lack of personnel, as the official data shows that SIPA has only 67 percent of the staff envisaged by the job plan -- i.e. only 1,300 of the total 1,950 staff envisaged by the job plan.

References: TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

COMMISSION OF THE EUROPEAN COMMUNITIES BOSNIA AND HERZEGOVINA 2008 PROGRESS REPORT, Brussels, Nov. 5, 2008 [ LINK ]

75f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments:

References: TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

75g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: Only the prosecutor's offices makes regular (annual) public reports. State Investigation and protection agency reports are not publicly available.

References: Second Evaluation Round Compliance Report on Bosnia and Herzegovina, Adopted by GRECO at its 41st Plenary Meeting (Strasbourg, Feb. 16-19, 2009) [ LINK ](2008)7_Bosnia-Herzegovina_EN.pdf

TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

75h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: With regard to legal action against corruption during the reported period, the Department for Organized Crime of the BiH Prosecutor's Office conducted investigations into the work of some senior officials. The work of this institution caused quite a stir, especially among the representatives of the RS Government, who openly questioned the legitimacy and legality of this institution and exerted constant pressure on it. Of the law enforcement agencies, the key role in legal processes against corruption is held by SIPA [State Investigation and Protection Agency], which has also been subjected to political pressure for performing its statutory duties. In addition to political pressure, the key problem that SIPA faces is a lack of personnel, as the official data shows that SIPA has only 67 percent of the staff envisaged by the job plan.

References: COMMISSION OF THE EUROPEAN COMMUNITIES BOSNIA AND HERZEGOVINA 2008 PROGRESS REPORT, Brussels, Nov. 5, 2008 [ LINK ]

TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

75i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: With regard to legal action against corruption during the reported period, the Department for Organized Crime of the BiH Prosecutor's Office conducted investigations into the work of some senior officials. The work of this institution caused quite a stir, especially among the representatives of the RS Government, who openly questioned the legitimacy and legality of this institution and exerted constant pressure on it. Of the law enforcement agencies, the key role in legal processes against corruption is held by SIPA [State Investigation and Protection Agency], which has also been subjected to political pressure for performing its statutory duties. In addition to political pressure, the key problem that SIPA faces is a lack of personnel as the official data shows that SIPA has only 67 percent of the staff envisaged by the job plan.

References: Interview with the principal deputy of High Representative, Raffi Gregorian GLOBAL, Aug. 13, 2009 [ LINK ]

TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

Peer Review Comments: SIPA (State Investigation and Protection Agency) and state prosecutors did launch an investigation into high-level corruption among senior RS political figures, which is encouraging. The investigation result ed in immense political pressure being placed on those institutions.

Can citizens access the anti-corruption agency?

76a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: Please see comments for judiciary and law enforcement agencies.

References: COMMISSION OF THE EUROPEAN COMMUNITIES BOSNIA AND HERZEGOVINA 2008 PROGRESS REPORT, Brussels, Nov. 5, 2008 [ LINK ]

TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

Peer Review Comments: See also the 2009 European Commission Progress Report, p. 14.

76b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments:

References: 2008 Human Rights Report: Bosnia and Herzegovina BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR Released on Feb. 25, 2009 [ LINK ]

TI Bosnia and Herzegovina Report: EC Progress Report Consultations with the European Commission 2009, June 2009

"Televized Attack on Woman Shocks Bosnia" Balkan Insight Srecko Latal Sarajevo, April 22, 2009 [ LINK ]