BiH 75th in the world by rule of law index: Worst result ever, without any progress made

(Patria) - In 2023, Bosnia and Herzegovina fell to 75th place out of 142 countries in the World Justice Project (WJP) Rule of Law Index, which is the worst result since 2015, the year this research has been conducted worldwide, without any noticeable progress in any of the areas that affect the assessment of the degree of the rule of law in the country.

BiH received an approximate score of 0.51, on a scale of 0 to 1, and has been continuously declining since 2015 when it was rated 0.57. This year, it dropped from 72nd position in 2022 to 75th place globally, and is significantly below Slovenia (in 27th place), Croatia (45th), Kosovo* (58th), Montenegro (57th), and North Macedonia (67th). Among the countries in the region, only Serbia (93rd place) and Albania (91st place) are ranked higher than BiH on this year's rule of law index list.

The WJP Rule of Law Index is measured through eight indicators: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, enforcement of regulations, civil justice, and criminal justice.

Compared to last year, BiH failed to make progress in any of the monitored areas, and recorded the most significant drop in the indicator measuring fundamental rights, where BiH achieved a score of 0.58 (where 1 is the highest score) and ranks 64th, while last year it held the 57th position out of 142 countries worldwide, with an index score of 0.60. The most significant factor for this result is the assessment of the protection and guarantee of freedom of expression and opinion, where BiH ranks 108th globally with a score of 0.44. This is undoubtedly contributed to by the efforts of authorities at all levels to suppress any form of criticism, whether through amendments to the Criminal Code of Republika Srpska which criminalized defamation, or the new law on "foreign agents" which targets organizations not controlled by the authorities in this entity, as well as attempts by officials in the Canton of Sarajevo to restrict freedom of speech and introduce censorship under the guise of fighting so-called "fake news".

The area that remains the worst rated in Bosnia and Herzegovina is the absence of corruption (0.42), with the parameters measuring the extent to which officials abuse their positions for personal gain being the worst rated. BiH ranks 109th in this regard for executive branch officials with an index of 0.36, and 100th globally for the tendency of officials in legislative bodies to abuse their positions, where it received an index score of 0.23. Compared to last year, BiH has also regressed in the areas of justice (-3) and the establishment of effective mechanisms for limiting government powers (-3).

The WJP report states that nearly 76% of the world's population, or more than six billion people, live in countries where the rule of law has weakened in the past year, while from 2016 to 2023, the rule of law has weakened in 78% of countries, with a constant decline in scores in the areas of constraints on government powers, fundamental rights, and criminal justice.

The research, which included lawyers and experts from various fields in addition to citizens, once again confirms the findings of similar relevant international research, such as the Corruption Perception Index, and reports from Freedom House and the World Bank, indicating that BiH has not only failed to make any progress but is experiencing a very significant decline in the fight against corruption.

In addition to research by international organizations, reports from TI BiH support the claim that the level of transparency of public institutions is insufficient, that corruption, especially at high levels, is not prosecuted, and that holders of the highest judicial positions face almost no significant consequences for their failures.

The decline in the World Justice Project's rule of law index score is the latest in a series of relevant findings that point to the deteriorating situation in BiH and the urgent need to direct significant efforts towards implementing essential reforms necessary to resolve the institutional capture, establish a minimum of accountability and the rule of law in BiH, Transparency International announced.