Institutions Obliged to Prosecute Corruption Cases in BiH Are Not Doing So

Year after year we hear that the time has come to improve the state of the rule of law in Bosnia and Herzegovina. This year, in the European Commission's opinion on BiH's application for EU membership, several key priorities in the area of the rule of law were identified, such as the need to improve the fight against corruption and adopt a new law on the High Judicial and Prosecutorial Council. Next year, as part of the 2020 Enlargement Package, the European Commission will present a report on the implementation of these key priorities by BiH. Progress in the area of the rule of law will determine whether BiH can be considered a credible candidate for EU membership.

Since the end of the war, the United States has invested millions of dollars to help BiH build a stronger judicial sector. The citizens of this country know that the return on this investment is not adequate. Recent news concerning the High Judicial and Prosecutorial Council is proof that there is a bigger problem in the area of the rule of law in BiH – the rules are not applied equally to everyone. The international community helped establish the HJPC with the aim of ensuring the independence and integrity of the judiciary. It is clear that the HJPC is not achieving these goals. Our claim is not based on prejudice, but on facts. The OSCE's annual report on monitoring the prosecution of corruption cases in BiH, through numbers, confirms what citizens already know: institutions whose obligation is to prosecute corruption cases are not doing so.

The citizens of BiH bear the burden of corruption on their shoulders every day: they have problems when access to quality healthcare, education, and employment requires connections to the system of political patronage. When faced with obstacles on the path to their own progress, many emigrate to countries with a strong rule of law to secure their future. This shows how ardently the citizens of Bosnia and Herzegovina want to be equal before the law. They want a strong rule of law where the rules are the same for everyone so that their effort and commitment determine their success. BiH suffers economic consequences when investors cannot expect equal treatment, in accordance with the law. That is why they invest their funds elsewhere, which hinders the progress of people in this country.

On the facade of the Supreme Court of the United States building in Washington, the words are carved: „Equal Justice Under Law.“ That is our ideal, which drives the greatest aspirations of our judicial system – that no one, before the court, should receive better treatment than anyone else. The citizens of BiH also deserve equality before the law. Success will require much more than the ongoing efforts of the United States or the international community. Success will require civil society and representatives of the legal profession, good and honest judges and prosecutors, to speak up and demand change. Some of them, but not enough, have already done so. It is especially important that media representatives continue to do their part in reporting on this important issue. By uncovering cases of corruption, journalists help ensure a higher degree of transparency and accountability. This makes them a pillar of democracy and justice, not a threat.

Little will change unless the citizens of BiH demand reforms in the area of the rule of law. The BiH Parliament has, rightly, pointed out many problems caused by the HJPC, thus articulating what many BiH citizens already know. The Parliament was given this significant oversight role for a reason – not to encroach on the independence of judicial institutions, but to ensure they are accountable to the public. The Ministry of Justice of BiH should act immediately and draft amendments to the Law on the HJPC to achieve a higher degree of accountability of the BiH judiciary. Only those who possess the highest professional qualifications and moral integrity should have the opportunity to serve on the Council that sets the standards of the rule of law in BiH.

During our Independence Day celebration, I said: “The success of Bosnia and Herzegovina does not depend on what the international community can do, but, as JFK said, 'on what you can do for your country.' Reforms in a democratic society do not happen overnight, and they begin when citizens speak up and demand change. As the former United States Attorney General, Robert F. Kennedy, said: “Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current that can sweep down the mightiest walls of oppression and resistance.”

I call on all of you to become that ripple. Start the change you want to improve the state of the rule of law in Bosnia and Herzegovina. The United States is here to support citizens in their efforts to build a brighter future for Bosnia and Herzegovina.

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* The author is the Ambassador of the United States of America to BiH / Photo: Armin Durgut / Pixsell.hr