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Strategic Approach of Bosnia and Herzegovina to Prevent Corruption

Strategic Approach of Bosnia and Herzegovina to Prevent Corruption. IMPLEMENTING A COMPREHENSIVE AND INTEGRATED APPROACH IN PREVENTION AND FIGHT AGAINST CORRUPTION IN THE DANUBE REGION May 21 - 22, 2012 Bulgaria. Content:. State of Corruption in Bosnia and Herzegovina

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Strategic Approach of Bosnia and Herzegovina to Prevent Corruption

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  1. Strategic Approach of Bosnia and Herzegovina to Prevent Corruption IMPLEMENTING A COMPREHENSIVE AND INTEGRATED APPROACH IN PREVENTION AND FIGHT AGAINST CORRUPTION IN THE DANUBE REGION May 21-22, 2012 Bulgaria

  2. Content: • State of Corruption in Bosnia and Herzegovina • Institutional and Legal Infrastructure to Prevent and Fight Corruption • Strategy of Bosnia and Herzegovina to Prevent Corruption • Agency for Prevention of Corruption and Coordination of Fight against Corruption

  3. 1. State of Corruption in Bosnia and Herzegovina • Citizens of Bosnia and Herzegovina rank corruption as the fourth most important problem facing their country today, after unemployment, the performance of the Government and low standard of living. • Eight out of ten citizens of Bosnia and Herzegovina interact with the public administration at some point during the course of the year. • In the 12 months prior to this survey, 20.1 per cent of citizens of Bosnia and Herzegovina have been exposed - either directly or through a household member - to a bribery experience with a public official. • Almost 80 per cent of bribes are paid in cash. • The average cash bribe paid in Bosnia and Herzegovina is 220 BAM, or the equivalent of approximately 112 Euro

  4. The bribery prevalence rate among citizens who had contact with public officials in the 12 months prior to the survey is 20.7 per cent. • There are no significant differences in the prevalence of bribery in urban and rural areas of Bosnia and Herzegovina. • In 37 per cent of bribery incidents, the citizens of Bosnia and Herzegovina initiate the payment. • The main purposes of paying bribes in Bosnia and Herzegovina are to avoid the payment of a fine (25%) and to speed up a procedure (25%). • Only 2.4 per cent of citizens with corruption experience report the incident. Citizens do not report corruption experiences because they receive a benefit from this (26%).

  5. Institutional and Legal Infrastructure to Prevent and Fight Corruption PROSECUTOR’S OFFICE OF BOSNIA AND HERZEGOVINA Criminal Code of BiH (2004) (Abuse of Office or Official Authority,Accepting Gifts and Other Forms of Benefits,Giving Gifts and Other Forms of Benefits,Illegal Interceding, Embezzlement in Office, Money Laundering) Criminal Procedural Code of BiH (2004) –Prosecutor –Investigations Financial Investigations Plea agreement • Established in 2004 • Law on Prosecutor*s Office of BiH • to ensure the effective exercise of competence of the State of Bosnia and Herzegovina and the respect of human rights and the rule of law in the territory of the State • Special Department for Organized Crime, Economic Crime and Corruption

  6. State Investigation and Protection Agency • An administrative organization within the Ministry of Security of BiH established in 2004 in accordance with the Law on SIPA having competencies of: • Prevention, detection and investigation of criminal offences falling within the jurisdiction of the Court of Bosnia and Herzegovina especially: organized crime, terrorism, war crimes, trafficking in persons and other criminal offences against humanity and values protected by international law, as well as serious financial crime; • Collection of information and data on criminal offences, as well as observance and analyses of security situation and phenomena conducive to the emergence and development of crime; • Assistance to the Court and the Prosecutor’s Office of Bosnia and Herzegovina in securing information, and execution of the orders of the Court and of the Chief Prosecutor of BiH; Witness protection; Implementation of international agreements on police co-operation and of other international instruments that fall within the scope of its competence; Criminal expertise, and other tasks as prescribed by law or other regulations. • Crime Investigation Department - terrorism, organized crime, trafficking of human beings and sexual offences, economic crimes and anti-corruption, • Financial Intelligence Department established within SIPA in accordance with the Law on Money Laundering Prevention of BiH, • 5 Regional Offices

  7. Institutional and Legal framework Central Election Commission • Central Election Commission was established in 2001 as a permanent and independent body in accordance with the Law, • Election Law of Bosnia and Herzegovina (2001), • The Law on Party Financing (2000), • The Law on Conflict of Interest(2002).

  8. Obligations of the electedofficials, executive officeholders and advisors in the institutions of the government of Bosnia and Herzegovina in exercising their duties with regards to conflict of interest. Scope of the Law Code of conduct, Incompatibilities, Prohibition on acting in conflict of interest, Prohibition on acting, Personal financial disclosure, etc. Law on Conflict of Interest

  9. Civil Servants Law on Civil Service in institutions of Bosnia and Herzegovina (2004) defines the legal status of civil servants in the Institutions of Bosnia and Herzegovina according to the princeples of: legality, transparency and publicity, accountability, efficiency andeffectiveness and professional impartiality, Agency of Civil Service established to implement the Law. Public Procurment Law on Public Procurement (2004), Defines the public procurement system in Bosnia and Herzegovina- the rights,obligations and responsibility of participants in the procurement procedures and the procedure for the control of public procurement procedures, Public Procurement Agency established to implement the Law. Institutional and Legal framework

  10. Auditing Law on the Auditing of the Financial Operations of the Institutions of Bosnia and Herzegovina (1999), Office for Auditing of the Financial Operations of Institutions of Bosnia and Herzegovina. Judiciary Law on the High Judicial and Prosecutorial Council (2004), Code of Ethics for Prosecutors and Judges (2005), High Judicial and Prosecutorial Council. Institutional and Legal framework (VI)

  11. Strategy of Bosnia and Herzegovina to Prevent Corruption 2009- 2014*http://www.msb.gov.ba/dokumenti/strateski/?id=4338 General Objective Other Objectives To establish efficient system for coordination of activities of BiH government To establish the system for preventing corruption in all structures To build capacities of anticorruption bodies at all governance levels To raise awareness about the corruption risks in BiH society in general Overall objective is to reduce the level of corruption, create the strategic framework and common standards that will be used in BiH and also to strengthen the trust in government institutions at all levels. Corruption must be eradicated, so that it does not impede good governance and free market economy in the country.

  12. Action Plan Implementing Bodies Parliamentary Assembly of Bosnia and Herzegovina, Council of Ministers of BIH and public institutions; Parliamentary Assembly of Federation of Bosnia and Herzegovina and National Assembly of the Republic of Srpska, Entity governments and institutions; Assembly of Brcko District BiH, Government and institutions of Brcko District BiH; Public companies and institutions, political parties, Universities and other educational institutions, Associations and civil society institutions, Medias; • Building of the capacity of the Agency for the Prevention of Corruption and Coordination of the Fight against Corruption (12 specific measures); • Prevention of Corruption (32-specific measures); • Education, Training and Public awareness (16 specific measures); • Law Enforcement (11 specific measures); • Coordination and Implementation of the Strategy (10 specific measures);

  13. Aims of the establishment identification and elimination of the causes of the corruption; deterrence of persons from committing crime acts pertaining the corruption; insurance and promotion of a comprehensive legal framework for the prevention of corruption; stimulation of civil society to actively participate in preventing corruption; raising awareness of the public and creation of relations of non-tolerance in relation to the corruption; education and improvements of society on causes and consequences of the corruption influence and the active participation in its prevention; promotion of transparent and responsible work of the bodies and institutions in Bosnia and Herzegovina. The Agency is authorised to issue:anti-corruption measuresrecommendations and instructions,opinions, and initiatives Mandatory Cooperation with Agency Institutions and agencies at all levels, public services and other bodies with public authority are required to cooperate with the Agency, and submit all the necessary data and information at the request of the Agency Agency for Prevention of Corruption and Coordination of Fight against Corruption

  14. Development of the Strategy for combating corruption and development of the Action Plan for the prevention of corruption; Coordination and oversight of implementation of the Strategy and Action Plan Coordination of the work of public institutions in preventing corruption and a conflict of interest, Monitoring the effects of laws and by-laws aimed at prevention of corruption and giving opinions and instructions regarding the implementation of the same, Coordination of the work of the institutions with public authorities in combating corruption; Acting on the submissions received with indications of a corruptive conduct pursuant to the applicable regulations; Cooperation with national scientific and professional organizations, media and NGOs on the issue of prevention of corruption; Cooperation with international organizations, institutions, initiatives and bodies; Collect and analyse statistic and other data, and informing all relevant subjects in Bosnia and Herzegovina on the results of the research; Development of educational programs in terms of the prevention of the corruption and fight against corruption as well as the oversight on their implementation; Publication of the information on corruption; Informing relevant institutions and the public about the obligations arising from international legal acts, and make recommendations for the implementation thereof in connection with the prevention of corruption; Regulates a unique methodology and directions for the integrity plans and provides assistance to all public institutions in implementing these plans; International Cooperation; And other duties in relation to the prevention of corruption.

  15. THANK YOU FOR YOUR ATTENTION! Ministry of Security of Bosnia and Herzegovina Trg Bosne i Hercegovine 1, 71 000 Sarajevo Edin Jahić, E- mail: edin.jahic@msb.gov.ba Phone: +387 33 492711

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