FBiH Government Gives Positive Opinion, But Is There a Majority for a Law to Verify Conflict of Interest and Officials' Assets?

(Patria) - The FBiH Government last week gave a positive opinion on the Bill on Prevention of Conflict of Interest in Authorities in FBiH, which was submitted for procedure by 13 federal deputies from multiple political parties, both from the government and the opposition. The bill should now be sent to parliamentary procedure.

This is a comprehensive law with a total of 35 articles. Since 2013, there has been no functional body to resolve conflict of interest issues. Transparency International's research has shown that more than 200 officials at the Federation of BiH level hold two or even more public positions, but no one determines the conflict of interest.

Although conflict of interest is sanctioned at the level of Sarajevo Canton and the state, numerous officials from these levels of government are appointed, for example, to management or supervisory boards at the FBiH level, thereby avoiding conflict of interest because it is not determined or sanctioned at the FBiH level.

The new law establishes an implementation mechanism and regulates this area in accordance with international recommendations and standards. The law specifies that a public office holder cannot hold another public office, be a member of management structures at other levels of government, regulates resignation deadlines when taking public office, and limits political activities and prohibitions on gaining private benefit by using public office.

Restrictions after the termination of public office are specifically regulated, i.e., a ban on membership in management or supervisory boards for one year after the termination of public office.

Public office holders will also be obliged to submit reports on their assets, financial status, and interests during their term of public office, as well as for a period of two years after the termination of their office. The asset declaration also applies to close relatives.

The Commission for Deciding on Conflict of Interest is responsible for implementing this law as a permanent, independent, and autonomous body appointed by the Parliament of the Federation of BiH through a public call. The Commission will have a president and six members who are elected for a five-year term with the possibility of one additional term. The Commission is accountable to the Parliament of the FBiH for its work. Both the president and members of the Commission are subject to the provisions of this law.

The law specifically defines the conditions for Commission members in terms of education, work experience, and not having held public office or been a member of a political party for five years prior to their application.

When it comes to initiating proceedings to determine conflict of interest, the Commission can act ex officio or upon a report from a natural or legal person, institution, body, or upon an anonymous report.

In the event that evidence of a criminal offense is collected during the proceedings, the Commission is obliged to submit a report on the established facts with the collected evidence to the competent prosecutor's office.

This law also provides for various sanctions when a conflict of interest or other violations of this law are determined.

Upon adoption of this law, the current Law on Conflict of Interest in Authorities in the Federation of BiH will cease to be valid.

Regardless of the Government's positive opinion, this does not mean there will be a majority for the adoption of this law, and the vote itself will show who is for a real fight against corruption and respect for the law, and who benefits from the gray area in which the Federation of BiH has been since 2013.