Current Status of Activities in Prevention of and Fight against Corruption in Bosnia and...

7/30/2019 Current Status of Activities in Prevention of and Fight against Corruption in Bosnia and Herzegovina (BIH);

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Sead Lisak, Director, BiH Anticorruption Agency

The authors views expressed in this presentation do not necessarily reflect the views of

the United States Agency for International Development or the United States Government

Current Status of Activities in

Prevention of and Fight against

Corruption in Bosnia andHerzegovina (BIH);

Progress and Challenges Ahead


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DEFINITION OF CORRUPTION IN BIH

...corruption means any abuse of power by a public official

or by a person holding a political position at the state,

entity,cantonal,and Brko District levels, as well as at the

town or municipal levels, that may lead to private gain.

Specifically, corruption may include direct or indirect offering,

giving, receiving or soliciting of bribe or any other illegal

advantage that results in deviation in the discharge of

expected duty or conduct of the receiver of bribe.

Partnership for Advancing Reforms in the Economy (PARE)


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VARIOUS INTERNATIONAL OBLIGATIONS OF BIH

UN Convention against Corruption,

UN Convention against Transnational OrganizedCrime,

Criminal Law Convention on Corruption, Council of

Europe (EC),

Civil Law Convention on Corruption, EC Convention on money laundering, investigation and

temporary suspension of income gained by criminal

actions.



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OBLIGATIONS OF BiH TOWARD EU IN THE FIELDOF 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).



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LEGAL FRAMEWORK Law on Agency for Prevention of Corruption and

Coordination of Fight Against Corruption (2009).

Strategy for Fight against Corruption (2009-2014) and theAction Plan for the Implementation of the Strategy (2009)



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STATUS OF THE AGENCY

The Agency is an independent administrative organization that reports to theParliament of BiH,

Operational funds of the Agency are provided in the budget of BiH institutions.

Purpose of the Agency:

To identify and eliminate the causes of corruption; discourage occurrence of criminaloffenses connected with corruption; ensure and improve the legal framework forprevention of corruption; stimulate participation of civil society in prevention ofcorruption; raise public awareness and create an attitude of no tolerance towardscorruption; provide education on causes and consequences of corruption and onactive participation in its prevention; promote transparent and responsiblefunctioning of institutions in BiH.



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Agency - Operations

Management of the Agency appointed in July 2011. The

decision became effective in August 2011.

Rulebook on internal organization adopted in July 2012.

The staff of the Agency includes 15 employees while 29 is

envisioned by the Rulebook.

Annual budget: 900,000.00 KM



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JURISDICTION OF THE AGENCY

Development of Strategy for Fight against Corruption and Action Plan; co-

ordination and supervision of Strategy and Action Plan implementation;

coordination of the work of public institutions in prevention of corruption and

conflict of interest; monitoring of conflict of interest; prescribing a unified

methodology for monitoring of property status of public officials; aanalyzingdata in order to identify occurrence of corrupt behavior; taking action on

reports received; ccoordination of operations; mmonitoring of implementation

of the Law and by-laws the purpose of which is to prevent corruption;

publicizing the information on the status of corruption; prescribing a unified

methodology and guidelines for the development of integrity plan.

Prevention, not repression

To prevent corruption and coordinate fight against corruption, not to conduct

investigations.

To coordinate activities with institutions at all levels of government in BiH in

order to build capacities,standards,introduce best practices and education.



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LIMITED PROGRESS TO DATE ANDREASONS

Lack of actual political will to fight corruption;

Delay in putting the Agency into function;

Insufficient inclusion of all relevant stakeholders into theimplementation of the Strategy

Institutional (ir)responsibility;

Lack of planning for the required resources; Delay in functioning and realization of individual components of

the Strategy



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CURRENT STATUS OF ACTIVITIES

Implementation of the Action Plan for Fight against

Corruption,

Implementation of GRECO recommendations (Group

of states against corruption),

Fulfilment of international obligations deriving from

international conventions on corruption.

Processing of corruption /judiciary/ suspension of

illegally gained property/ money laundering,

Financing of political parties/ Law on Conflict of

Interest.



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CURRENT ACTIVITIES OF THE AGANCY

Preparation of analysis of strategy implementation;

Adoption of good practices;

Analysis of legal framework for its improvement;

Adjustment of domestic legislation with international

regulations (UNCAC, Criminal Law Convention SE);

Establishment of mechanisms for coordination and

cooperation in accordance with the existing legal

framework.



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PROGRESS AND CHALLENGES AHEAD

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.



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PROGRESS AND CHALLENGES AHEAD

Decisive processing of corruption cases; improvement of

independence and efficiency of the judiciary; enable courts and

prosecutors to work without political influence.

Corrections to legal framework in financing of political parties,

with increased transparency of financing of political parties.

Adoption of Law on Public Procurement in accordance with

Acquis, with improved coordination and cooperation among

relevant institutions; work of the Office of Appeals.

Improve the legal framework on conflict of interest.



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CHALLENGES

Lack of financial funds for: functioning of the Agency

education

specialized training

(...)

Harmonization of legal framework to enable cooperation andcoordination of prevention of corruption at all levels ofgovernment. Establishment of efficient system of coordination at all levels of

government. Establishment of mechanisms for monitoring and evaluation of the

implementation of strategy and anti-corruption measures.

Adoption of international standards

Adjustment of domestic legislation with international regulations(conventions, EU directives).



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Agencija za prevenciju korupcije i koordinaciju borbe protiv korupcijeul. Spasovdanska 22/II71123 Istono SarajevoBosna i HercegovinaTel: +387 57 322 540; Fax: +387 57 322 [email protected]

Agency for Prevention of Corruption andCoordination of Fight against Corruption


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