Ministry of Justice of BiH persistently tries to undermine the Law on Conflict of Interest

(Patria) - The Ministry of Justice of BiH has rejected two-thirds of the proposals submitted by Transparency International in BiH via e-consultations on the draft Law on Conflict of Interest. All key proposals that would lead to improvements in this area, as required by the European Union, have been rejected, and the Ministry clearly does not abandon its intention to undermine the existing law and establish even lower standards than those currently in place.

The proposed law would allow BiH officials to be owners or directors of private companies that do business with institutions at lower levels, even though the existing law, which is intended to be improved, prohibits such business with institutions at any level. In a nearly identical case, the Ministry rejected TIBiH's proposal to retain the existing provision prohibiting BiH officials from heading associations financed from budgets at any level. Instead, restrictions are introduced only for associations financed from the budget of Bosnia and Herzegovina, which is a major step backward because officials in state institutions can use their influence for personal interests at all levels of government.

In addition to these two provisions that will certainly undermine the existing law, the Ministry also rejected numerous proposals, such as the proposal to prohibit public officials from simultaneously serving as directors of public institutions. Also rejected was TI BiH's proposal to increase penalties for violating the law, as well as the proposal that members of the commission deciding on conflicts of interest cannot be members of political parties, which is also a recommendation of GRECO in terms of ensuring the commission's independence. Instead, the Ministry stuck with the proposal that commission members cannot have been members of the governing bodies of political parties only five years before appointment, which certainly will not ensure the commission's independence.

Regarding the work of the Commission for Decision on Conflict of Interest, the Ministry proposed that seven members must make decisions unanimously, which will again leave room for obstructions and blockades of the commission's work as we have seen so far. If there is no unanimous decision, the proposal is that the final word be given to the Appellate Council of the Council of Ministers of BiH, which would further legalize political interference in the work of the commission that is supposed to decide on conflicts of interest of appointed and elected officials in BiH.

The Ministry of Justice of BiH accepted some proposals from TI BiH, such as a better definition of related persons who are in a family, political, or economic relationship with public office holders. Nevertheless, this does not change the fact that such a law represents a major step backward for the entire area of conflict of interest, even though its improvement is one of the 14 key priorities of BiH on its European path.

It should also be noted that the Delegation of the European Union to BiH, the OSCE Mission, and the Embassy of the United States of America recently sent a letter to the Ministry warning that such a law does not meet international standards and does not take into account GRECO recommendations, the implementation of which is necessary in the fight against corruption.

Also, it is important to recall that the House of Representatives of the Parliamentary Assembly of BiH recently adopted a Proposal for a Law on Conflict of Interest that, to a large extent, despite adopted amendments that derogate certain provisions, meets international standards. Therefore, a better solution for Bosnia and Herzegovina would certainly be for the House of Peoples to adopt such a law, with harmonization, rather than embarking on a new procedure with the proposal of the Ministry of Justice of BiH, which establishes even lower standards than those we currently have, it was stated.