AGENCY FOR PREVENTION OF AGENCY FOR PREVENTION OF CORRUPTION AND COORDINATION OF CORRUPTION AND COORDINATION OF

FIGHT AGAINST CORRUPTIONFIGHT AGAINST CORRUPTION

mr.sci. Vladica Babić - mr.sci. Vladica Babić - vladica.babic@apik.baAssisstent Director for Prevention of Corruption Assisstent Director for Prevention of Corruption

SOFIA - Bulgaria – 5th November 2013SOFIA - Bulgaria – 5th November 2013

• The Agency The Agency is is established by the Parliamentary Assembly of BiHestablished by the Parliamentary Assembly of BiH (30.dec.2009.)- (01.apr.2013.)(30.dec.2009.)- (01.apr.2013.);;

• The Agency is established by the law;The Agency is established by the law;• The Agency is an independent administrative organisation that The Agency is an independent administrative organisation that

reports to the Parliamentary Assembly of BiHreports to the Parliamentary Assembly of BiH..

STATUS OF THE AGENCYSTATUS OF THE AGENCY

•eestablishment of the Agencystablishment of the Agency,,•goals of the Agency’s estublishmentgoals of the Agency’s estublishment•anticorruption principlesanticorruption principles•responsabilities of the Agencyresponsabilities of the Agency•managment of the Agencymanagment of the Agency•the selection and operational monitoring committeethe selection and operational monitoring committee•internal organisation of the Agencyinternal organisation of the Agency•coordination of the corruption prevention policiescoordination of the corruption prevention policies•Coordination with other bodies and organisationCoordination with other bodies and organisation

LAW ON THE AGENCY FOR PREVENTION OF CORRUPTION AND LAW ON THE AGENCY FOR PREVENTION OF CORRUPTION AND COORDINATION OF FIGHT AGAINST CORRUPTION COORDINATION OF FIGHT AGAINST CORRUPTION

• The Selection and Monitoring Committee of the Agency- consists The Selection and Monitoring Committee of the Agency- consists of 9 members;of 9 members;

• The Committee is appointed by the The Committee is appointed by the Parliamentary Assembly of Parliamentary Assembly of BiH; BiH;

• The Committe is responsable to initiate procedure for appointment The Committe is responsable to initiate procedure for appointment of the Agency’s Director and to receive reports on the Agency’s of the Agency’s Director and to receive reports on the Agency’s operations.operations.

(9 members= 3 Parlamentary Assembly + 3 House of Peoples + 2 Academic Society + 1 No Government Organisation )

THE SELECTION AND MONITORING THE SELECTION AND MONITORING COMMITTEECOMMITTEE

•Strategy for Fight Against Corruption Strategy for Fight Against Corruption (2009.-2014.)(2009.-2014.)

•Action Plan for Implementation of the Strategy for Fight Against Action Plan for Implementation of the Strategy for Fight Against CorruptionCorruption (81 activities) (81 activities)

STRATEGIC DOCUMENTS

Anticorruption Strategy is prepared to reduce the level of corruption, 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.

STRATEGY FOR FIGHT AGAINST CORRUPTIONSTRATEGY FOR FIGHT AGAINST CORRUPTION

ACTION PLAN FOR IMPLEMENTATION OF THE STRATEGY FOR FIGHT AGAINST CORRUPTION ACTION PLAN FOR IMPLEMENTATION OF THE STRATEGY FOR FIGHT AGAINST CORRUPTION

•Building of the capacity of the Agency for Prevention of Corruption and Coordination of Fight against Corruption- 12 activities•Prevention of corruption - 32 activities•Education, training and public awareness raising – 16 activities•Implementation of the law, - 11 activities•Coordination and implementation of the Strategy, - 10 activities.(foresees 81 activity(foresees 81 activity))

STRUCTURESTRUCTURE OF AGENCY

employees

Sector for Prevention of the

Coruption

Sector for Coordination of

the Fight against Coruption

Sector for Legal, Personnel, General and Financial Affairs

AGENCY GOALS?

AGANCY GOALS-Artcle 5. of the Law

a)Identify and eliminate the causes of corruption;b)Discourage occurrence of criminal offenses connected with corruption;c)Ensure and improve the legal framework for prevention of corruption;d)Stimulate participation of civil society in prevention of corruption;

AGANCY GOALS-Artcle 5. of the Law

e) Raise public awareness and create an attitude of nontolerance towards corruption;f) Provide education on causes and consequences of corruption and on active participation in its prevention;g) Promote transparent and responsible functioning of institutions in BiH.

RESPONSABILITIES OF THE AGENCY RESPONSABILITIES OF THE AGENCY - - Art. 10 of the Law Art. 10 of the Law

d) monitor the instances of conflict of interest f) analyze the delivered data in order to detect the instances of corrupt practices h) take action upon receiving the submissions that contain indications of a corruptive conductj)provide opinions and guidelines n)develop educational programsp) inform the competent institutions and the public of the obligationscontained in international legal acts and give recommendations for their realization

OBLIGATIONS OF BiH TOWARD EU IN THE FIELD OF OBLIGATIONS OF BiH TOWARD EU IN THE FIELD OF JUDICIARY AND INTERNAL AFFAIRS JUDICIARY AND INTERNAL AFFAIRS

• Decision of the Council on the principles, priorities, and conditions contained in the European partnership with BiH (2007),

• Stabilization and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (2008),

• Road map on visa free regime (2008).

• Lack of financial funds for: Lack of financial funds for: --functioning of the Agencyfunctioning of the Agency--educationeducation--specialized trainingspecialized training(...)(...)

• Harmonization of legal framework to enable cooperation and coordination of prevention of corruption Harmonization of legal framework to enable cooperation and coordination of prevention of corruption at all levels of government.at all levels of government.

--Establishment of efficient system of coordination at all levels of government.Establishment of efficient system of coordination at all levels of government.--Establishment of mechanisms for monitoring and evaluation of the implementation of strategy and Establishment of mechanisms for monitoring and evaluation of the implementation of strategy and anti-corruption measures. anti-corruption measures.

• Adoption of international standardsAdoption of international standards• Adjustment of domestic legislation with international regulations (conventions, EU directives).Adjustment of domestic legislation with international regulations (conventions, EU directives).

CHALLENGES CHALLENGES

• Etical CodeEtical Code• Integrity PlansIntegrity Plans• Open Communication ChannelsOpen Communication Channels• Education and Organised CoursesEducation and Organised Courses

• Etical codeEtical code• Integrity plansIntegrity plans• Open Communication ChannelsOpen Communication Channels• Education and Organised coursesEducation and Organised courses

ETICAL CODEETICAL CODE

•uuploaded to the web page of the Agencyploaded to the web page of the Agency•all civil servants all civil servants to be to be self-testedself-tested

• Etical CodeEtical Code• Integrity PlansIntegrity Plans• Open Communication ChannelsOpen Communication Channels• Education and Organised CoursesEducation and Organised Courses

INTEGRITY PLANS: ORGANIZATIONAL RESPONSE INTEGRITY PLANS: ORGANIZATIONAL RESPONSE TO CORRUPTION RISKSTO CORRUPTION RISKS

• at organizational level: establishment of a system that would reduce opportunities for corruption and would support the individual members of the organization to act in good fait.

• “resistance to corruption”• at personal level: knowledge, skills and determination to

follow the established rules and practices and to always act in public interest, avoid conflicts of interest and “do no harm”.

• Etical codeEtical code• Integrity plansIntegrity plans• Open Communication ChannelsOpen Communication Channels• Education and Organised CoursesEducation and Organised Courses

OOPEN PEN CCOMMUNICATION OMMUNICATION CCHANNELSHANNELS

How do we gather information? •mailboxes; •E-mail; •hotlines; •surveys (including questionnaires);•whistleblowers (officials, working for the organization ?,clients of the organization, other stakeholders )

• Etical CodeEtical Code• Integrity PlansIntegrity Plans• Open Communication ChanneOpen Communication Channell• Education and Organised CoursesEducation and Organised Courses

• Project IPA 2009, Project IPA 2009, • Courses for all institution with Agency support Courses for all institution with Agency support • International organization and NGO International organization and NGO

EDUCATION AND ORGANISED COURSESEDUCATION AND ORGANISED COURSES

PERIODIC PERIODIC TTESTING AND ESTING AND AAUDITING OF THE INTEGRITY UDITING OF THE INTEGRITY SYSTEMSYSTEM

• Internal Audit Internal Audit --check on compliancecheck on compliance• Internal Audit Internal Audit --check process of implementation of the check process of implementation of the

compliance policies/integrity systemcompliance policies/integrity system

• Memorandum of Memorandum of UUnderstanding nderstanding with with all institutionall institutionss for for information exchangeinformation exchange;;

• coordination related to data exchange;coordination related to data exchange;• legal documents;legal documents;• Memorandum of Memorandum of UUnnderstanding/ Agreements derstanding/ Agreements with with

NGOs.NGOs.

COORDINATIONCOORDINATION

• Application of measures from the Action Plan for the implementation of the Strategy for Fight against Corruption,

• Harmonization of obligations per domestic legislation, adjustment of laws concerning anti-corruption at various levels of government, and their consistent implementation,

• Building capacities required for the Agency for Prevention of Corruption and Coordination of Fight against Corruption to perform its duties.

PROGRESS AND CHALLENGES AHEAD PROGRESS AND CHALLENGES AHEAD

• Decisive processing of corruption cases and improvement of efficiency and independence of the judiciary; enabling that courts work without political influence,

• Corrections to the legal framework in the area of political parties financing, along with increased transparency in financing of political parties,

• Adoption of Public Procurement Law in accordance with Acquis; improvement of coordination and cooperation between the relevant institutions, the work of Office for Complaints,

• Improve the legal framework on conflict of interest.

PROGRESS AND CHALLENGES AHEAD PROGRESS AND CHALLENGES AHEAD

THANK YOU FOR YOUR ATTENTIONTHANK YOU FOR YOUR ATTENTION

vladica.babic@apik.bavladica.babic@apik.ba