Foreign Ministry without appointed secretaries and three assistants, why is Konaković not announcing internal competitions?

(Patria) - Out of nine state ministries, only one has not completed the procedure for electing a secretary, and that is the Ministry of Foreign Affairs of BiH, headed by Elmedin Konaković since January 2023.

The Secretary of the Ministry of Foreign Affairs of BiH was Adi Hadžikapetanović, who passed away on March 17, 2021. This position was not filled during the term of former minister Bisera Turković, nor during the mandate of Elmedin Konaković.

Why Konaković is not yet announcing a competition for the position of secretary is perhaps clear only to him. As Patria previously reported, Josip Brkić, the current Deputy Minister of Foreign Affairs, is interested in this position, raising the question of whether Konaković is creating space for some prior agreements and whether everything will wait for a new Council of Ministers of BiH and a new balance of power. Otherwise, the positions of the Minister of Foreign Affairs change depending on who heads the Council of Ministers of BiH, so it can happen that Bosniaks lose very important positions in the Ministry of Foreign Affairs of BiH.

In addition to the secretary position, three other assistant minister positions are vacant, in the sectors for multilateral, bilateral, and general affairs.

As the portal Odgovor.ba previously reported, acting officials have been appointed to all four positions. Edin Dilberović, recently an advisor to Konaković, is performing the duties of the Secretary of the Ministry of Foreign Affairs by the minister's authorization. Emina Merdan, by the minister's authorization, is acting assistant minister for multilateral affairs, Momira Brajić is acting assistant for bilateral affairs, and Muamera Hambo is acting assistant minister for general affairs.

And Konaković can announce internal competitions for all these positions, meaning he does not have to announce a public competition.

A court ruling from 2013, issued by the Court of BiH in a procedure at the Ministry of Security of BiH, clearly confirms that an internal procedure can be conducted for the positions of secretary.

“The essence of this administrative dispute lies in the answer to the question of whether the Civil Service Agency, as the institution conducting the competition procedure, could announce a vacant position at the request of the institution through an internal competition or only and exclusively through a public competition. This court panel points out that a proper interpretation of the cited provisions clearly and unequivocally leads to the conclusion that the procedure of internal competition is permissible in the specific case. This is also logical because it fills vacant positions from internal resources without employing new civil servants. This is the rationale of the cited legal provision, and the correctness of this panel's conclusion is also confirmed by the act of the Council of Ministers of BiH no.... dated 28.05.2013, by which, in response to a parliamentary question from a member of the House of Representatives of the Parliamentary Assembly of BiH, at the 47th session of the House of Representatives held on 18.04.2013, “Can a leading civil servant in BiH institutions be appointed through an internal advertisement?” the Council of Ministers of BiH responded at its 51st session held on 28.05.2013 with the answer that “In conclusion, a leading civil servant in BiH institutions can be appointed to the position of assistant minister, assistant director, chief inspector, and secretary in an institution through an internal advertisement, but not only to the position of secretary with special tasks.”", states the ruling S1 3 U 012615 13.

Minister of Transport and Communications Edin Forto referred to the same ruling and the response of the Council of Ministers of BiH in his answer to a parliamentary question during 2023 regarding whether he plans to fill the position of assistant minister through an internal competition.

In one of the opinions of the Civil Service Agency of BiH from 2018, it was stated that there are no obstacles to filling the position of a leading civil servant through an internal advertisement.

In other ministries, the positions of secretary have been filled: The positions of secretary in the Ministry of Finance and Treasury and the Ministry of Civil Affairs are held by persons from the Serb people. In the Ministry of Justice, it is a Croat, as well as in the Ministry of Transport and Communications.

In the Ministry of Defence of BiH, the Ministry of Foreign Trade and Economic Relations, and the Ministry of Security of BiH, the secretaries are from the Bosniak people.

In the Ministry of Human Rights and Refugees, the secretary is from the category of others.