Current Status of Activities in Prevention of and Fight against Corruption in Bosnia and Herzegovina (BIH);

Progress and Challenges Ahead

Sead Lisak, Director, BiH Anticorruption Agency
The authors views expressed in this presentation do not necessarily reflect the views of the United States Agency for International Development or the United States Government

DEFINITION OF CORRUPTION IN BIH ...corruption means any abuse of power by a public official or by a person holding a political position at the state, entity,cantonal,and Brko District levels, as well as at the town or municipal levels, that may lead to private gain. Specifically, corruption may include direct or indirect offering, giving, receiving or soliciting of bribe or any other illegal advantage that results in deviation in the discharge of expected duty or conduct of the receiver of bribe.

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VARIOUS INTERNATIONAL OBLIGATIONS OF BIH UN Convention against Corruption, UN Convention against Transnational Organized Crime, Criminal Law Convention on Corruption, Council of Europe (EC), Civil Law Convention on Corruption, EC Convention on money laundering, investigation and temporary suspension of income gained by criminal actions.
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OBLIGATIONS OF BiH TOWARD EU IN THE FIELD OF JUDICIARY AND INTERNAL AFFAIRS Decision of the Council on the principles, priorities, and conditions contained in the European partnership with BiH (2007), Stabilization and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (2008), Road map on visa free regime (2008).

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LEGAL FRAMEWORK Law on Agency for Prevention of Corruption Coordination of Fight Against Corruption (2009). and

Strategy for Fight against Corruption (2009-2014) and the Action Plan for the Implementation of the Strategy (2009)

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STATUS OF THE AGENCY

The Agency is an independent administrative organization that reports to the Parliament of BiH, Operational funds of the Agency are provided in the budget of BiH institutions. Purpose of the Agency: To identify and eliminate the causes of corruption; discourage occurrence of criminal offenses connected with corruption; ensure and improve the legal framework for prevention of corruption; stimulate participation of civil society in prevention of corruption; raise public awareness and create an attitude of no tolerance towards corruption; provide education on causes and consequences of corruption and on active participation in its prevention; promote transparent and responsible functioning of institutions in BiH.

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Agency - Operations
Management of the Agency appointed in July 2011. The decision became effective in August 2011. Rulebook on internal organization adopted in July 2012. The staff of the Agency includes 15 employees while 29 is envisioned by the Rulebook. Annual budget: 900,000.00 KM

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JURISDICTION OF THE AGENCY

Development of Strategy for Fight against Corruption and Action Plan; coordination and supervision of Strategy and Action Plan implementation; coordination of the work of public institutions in prevention of corruption and conflict of interest; monitoring of conflict of interest; prescribing a unified methodology for monitoring of property status of public officials; aanalyzing data in order to identify occurrence of corrupt behavior; taking action on reports received; ccoordination of operations; mmonitoring of implementation of the Law and by-laws the purpose of which is to prevent corruption; publicizing the information on the status of corruption; prescribing a unified methodology and guidelines for the development of integrity plan.
Prevention, not repression To prevent corruption and coordinate fight against corruption, not to conduct investigations. To coordinate activities with institutions at all levels of government in BiH in order to build capacities,standards,introduce best practices and education.

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LIMITED PROGRESS TO DATE AND REASONS

Lack of actual political will to fight corruption; Delay in putting the Agency into function; Insufficient inclusion of all relevant stakeholders into the implementation of the Strategy Institutional (ir)responsibility; Lack of planning for the required resources; Delay in functioning and realization of individual components of the Strategy

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CURRENT STATUS OF ACTIVITIES Implementation of the Action Plan for Fight against Corruption, Implementation of GRECO recommendations (Group of states against corruption), Fulfilment of international obligations deriving from international conventions on corruption. Processing of corruption /judiciary/ suspension of illegally gained property/ money laundering, Financing of political parties/ Law on Conflict of Interest.
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CURRENT ACTIVITIES OF THE AGANCY Preparation of analysis of strategy implementation; Adoption of good practices; Analysis of legal framework for its improvement; Adjustment of domestic legislation with international regulations (UNCAC, Criminal Law Convention SE); Establishment of mechanisms for coordination and cooperation in accordance with the existing legal framework.

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PROGRESS AND CHALLENGES AHEAD Application of measures from the Action Plan for the implementation of the Strategy for Fight against Corruption, Harmonization of obligations per domestic legislation, adjustment of laws concerning anti-corruption at various levels of government, and their consistent implementation, Building capacities required for the Agency for Prevention of Corruption and Coordination of Fight against Corruption to perform its duties.
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PROGRESS AND CHALLENGES AHEAD

Decisive processing of corruption cases; improvement of independence and efficiency of the judiciary; enable courts and prosecutors to work without political influence. Corrections to legal framework in financing of political parties, with increased transparency of financing of political parties. Adoption of Law on Public Procurement in accordance with Acquis, with improved coordination and cooperation among relevant institutions; work of the Office of Appeals. Improve the legal framework on conflict of interest.

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CHALLENGES
Lack of financial funds for:
functioning of the Agency education specialized training (...)

Harmonization of legal framework to enable cooperation and coordination of prevention of corruption at all levels of government.
Establishment of efficient system of coordination at all levels of government. Establishment of mechanisms for monitoring and evaluation of the implementation of strategy and anti-corruption measures.

Adoption of international standards Adjustment of domestic legislation with international regulations (conventions, EU directives).
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Agency for Prevention of Corruption and Coordination of Fight against Corruption

Agencija za prevenciju korupcije i koordinaciju borbe protiv korupcije ul. Spasovdanska 22/II 71123 Istono Sarajevo Bosna i Hercegovina Tel: +387 57 322 540; Fax: +387 57 322 547 sead.lisak@apik.ba

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