Conflict of interest has never fully taken root: Urgent amendments to the law are necessary

Although the work of the Commission for Decision on Conflict of Interest was unblocked in May 2016, the report on the work of this body states that there is still a major problem in implementing the Law on Conflict of Interest in the institutions of BiH, Patria reports.

As stated, the problem is reflected in unclear and vague legal provisions.

- Some of them are the impossibility of establishing the Commission's website, media announcements of sessions and financing of the Commission's work, all with the aim of consistent implementation of the law - the Report states.

Shortcomings were also noted in regulating the very institute of conflict of interest, as well as in the impossibility of enforcing certain monetary sanctions.

- The Commission therefore proposes that it is necessary to initiate amendments to the Law on Conflict of Interest in the Institutions of BiH in accordance with the recommendations from GRECO, which emphasized that it is necessary to make the conflict of interest system effective and uniform throughout BiH - it is stated.

Let us recall, during the implementation of the provisions of the Law on Conflict of Interest in the Institutions of Bosnia and Herzegovina last year, certain shortcomings were noted regarding the performance of administrative tasks within the competence of the Commission for Decision on Conflict of Interest, specifically - the issue of using the seal for certifying decisions and official acts of the Commission. Therefore, the Joint Collegium of both houses of the Parliamentary Assembly of BiH obligated the Collegium of the Secretariat to prepare amendments to the mentioned law - in the part concerning the use of the seal of the Agency for Prevention of Corruption and Coordination of the Fight against Corruption for the work of the Commission - the explanation of the amendments to the Law states.

This problem has been resolved, but it is evident that more thorough amendments to the law are needed. Until then, citizens of BiH will not have information on whether ministers and deputy ministers are, among other things, members of companies in which the ministry invests capital, whether they finance their own companies with budget funds, or whether they employ close relatives in the departments they manage.

It will also remain unknown whether they receive gifts or other benefits for employment or services rendered.

Incidentally, the Commission consists of three members each from the House of Representatives and the House of Peoples of the Parliamentary Assembly of BiH, as well as the director and deputy directors of the Agency for Prevention of Corruption and Coordination of the Fight against Corruption of BiH. The Chairperson and at least one third of the Commission members from each house will be from opposition parties.

Earlier, when this Commission was formed, great dissatisfaction was expressed, because according to the amendments to the Law, the determination of conflict of interest was transferred from the Central Election Commission of BiH to the competence of the newly formed commission, which was characterized as unacceptable.