Download Strategic Approach of Bosnia and Herzegovina to Prevent Corruption

Strategic Approach
of Bosnia and Herzegovina to Prevent Corruption
IMPLEMENTING A COMPREHENSIVE AND INTEGRATED APPROACH IN PREVENTION AND FIGHT
AGAINST CORRUPTION
IN THE DANUBE REGION
May 21-22, 2012
Bulgaria
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State of Corruption in Bosnia and Herzegovina
Institutional and Legal Infrastructure to Prevent and Fight Corruption
Strategy of Bosnia and Herzegovina to Prevent Corruption
Agency for Prevention of Corruption and Coordination of Fight against Corruption
1. State of Corruption in Bosnia and Herzegovina
• Citizens of Bosnia and Herzegovina rank corruption as the fourth most important problem
facing their country today, after unemployment, the performance of the Government and
low standard of living.
• Eight out of ten citizens of Bosnia and Herzegovina interact with the public administration at
some point during the course of the year.
• In the 12 months prior to this survey, 20.1 per cent of citizens of Bosnia and Herzegovina
have been exposed - either directly or through a household member - to a bribery
experience with a public official.
• Almost 80 per cent of bribes are paid in cash.
• The average cash bribe paid in Bosnia and Herzegovina is 220 BAM, or the equivalent of
approximately 112 Euro
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The bribery prevalence rate among citizens who had contact with public officials in the 12 months prior to the
survey is 20.7 per cent.
There are no significant differences in the prevalence of bribery in urban and rural areas of Bosnia and
Herzegovina.
In 37 per cent of bribery incidents, the citizens of Bosnia and Herzegovina initiate the payment.
The main purposes of paying bribes in Bosnia and Herzegovina are to avoid the payment of a fine (25%) and to
speed up a procedure (25%).
Only 2.4 per cent of citizens with corruption experience report the incident. Citizens do not report corruption
experiences because they receive a benefit from this (26%).
Institutional and Legal Infrastructure to Prevent and Fight
Corruption
PROSECUTOR’S OFFICE OF BOSNIA
AND HERZEGOVINA
 Established in 2004
 Law on Prosecutor*s Office of BiH
 to ensure the effective exercise of competence of
the State of Bosnia and Herzegovina and the
respect of human rights and the rule of law in the
territory of the State
 Special Department for Organized Crime,
Economic Crime and Corruption
 Criminal Code of BiH (2004) (Abuse of Office or
Official Authority,Accepting Gifts and Other Forms
of Benefits,Giving Gifts and Other Forms of
Benefits,Illegal Interceding,
Embezzlement in Office, Money Laundering)
 Criminal Procedural Code of BiH (2004) –
Prosecutor –Investigations
Financial Investigations
Plea agreement
State Investigation and Protection Agency
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An administrative organization within the Ministry of Security of BiH established in 2004 in
accordance with the Law on SIPA having competencies of:
Prevention, detection and investigation of criminal offences falling within the jurisdiction of the
Court of Bosnia and Herzegovina especially: organized crime, terrorism, war crimes, trafficking
in persons and other criminal offences against humanity and values protected by international
law, as well as serious financial crime;
Collection of information and data on criminal offences, as well as observance and analyses of
security situation and phenomena conducive to the emergence and development of crime;
Assistance to the Court and the Prosecutor’s Office of Bosnia and Herzegovina in securing
information, and execution of the orders of the Court and of the Chief Prosecutor of BiH;
Witness protection; Implementation of international agreements on police co-operation and of
other international instruments that fall within the scope of its competence; Criminal expertise,
and other tasks as prescribed by law or other regulations.
 Crime Investigation Department - terrorism, organized crime, trafficking of human beings and
sexual offences, economic crimes and anti-corruption,
 Financial Intelligence Department established within SIPA in accordance with the Law on
Money Laundering Prevention of BiH,
 5 Regional Offices
Institutional and Legal framework
Central Election Commission
 Central Election Commission was established in 2001 as a permanent and
independent body in accordance with the Law,
 Election Law of Bosnia and Herzegovina (2001),
 The Law on Party Financing (2000),
 The Law on Conflict of Interest(2002).
Law on Conflict of Interest
Obligations of the elected
officials, executive
officeholders and advisors
in the institutions of the
government of Bosnia and
Herzegovina in exercising
their duties with regards to
conflict of interest.
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Scope of the Law
Code of conduct,
Incompatibilities,
Prohibition on acting in
conflict of interest,
Prohibition on acting,
Personal financial
disclosure, etc.
Institutional and Legal framework
Public Procurment
Civil Servants
 Law on Public Procurement
(2004),
 Defines the public
procurement system in Bosnia
and Herzegovina- the rights,
obligations and responsibility
of participants in the
procurement procedures and
the procedure for the control
of public procurement
procedures,
 Public Procurement Agency
established to implement the
Law.
 Law on Civil Service in
institutions of Bosnia and
Herzegovina (2004) defines
the legal status of civil servants
in the Institutions of Bosnia
and Herzegovina according to
the princeples of: legality,
transparency and publicity,
accountability, efficiency and
effectiveness and professional
impartiality,
 Agency of Civil Service
established to implement the
Law.
Institutional and Legal framework (VI)
Auditing
 Law on the Auditing of the
Financial Operations of the
Institutions of Bosnia and
Herzegovina (1999),
 Office for Auditing of the
Financial Operations of
Institutions of Bosnia and
Herzegovina.
Judiciary
 Law on the High Judicial
and Prosecutorial Council
(2004),
 Code of Ethics for
Prosecutors and Judges
(2005),
 High Judicial and
Prosecutorial Council.
Strategy of Bosnia and Herzegovina
to Prevent Corruption 2009- 2014
*http://www.msb.gov.ba/dokumenti/strateski/?id=4338
Other Objectives
General Objective
Overall objective is to reduce the level of corruption,
create the strategic framework and common
standards that will be used in BiH and also to
strengthen the trust in government institutions at
all levels. Corruption must be eradicated, so that it
does not impede good governance and free market
economy in the country.
 To establish efficient system for coordination of
activities of BiH government
 To establish the system for preventing corruption
in all structures
 To build capacities of anticorruption bodies at all
governance levels
 To raise awareness about the corruption risks in
BiH society in general
Action Plan
 Building of the capacity of the Agency for the
Prevention of Corruption and Coordination of the
Fight against Corruption (12 specific measures);
 Prevention of Corruption (32-specific measures);
 Education, Training and Public awareness (16
specific measures);
 Law Enforcement (11 specific measures);
 Coordination and Implementation of the Strategy
(10 specific measures);
Implementing Bodies
 Parliamentary Assembly of Bosnia and Herzegovina, Council of
Ministers of BIH and public institutions;
 Parliamentary Assembly of Federation of Bosnia and
Herzegovina and National Assembly of the Republic of Srpska,
Entity governments and institutions;
 Assembly of Brcko District BiH, Government and institutions of
Brcko District BiH;
 Public companies and institutions, political parties, Universities
and other educational institutions, Associations and civil society
institutions, Medias;
Agency for Prevention of Corruption and Coordination of Fight against
Corruption
Aims of the establishment
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identification and elimination of the causes of the
corruption;
deterrence of persons from committing crime acts
pertaining the corruption;
insurance and promotion of a comprehensive legal
framework for the prevention of corruption;
stimulation of civil society to actively participate in
preventing corruption;
raising awareness of the public and creation of
relations of non-tolerance in relation to the
corruption;
education and improvements of society on causes
and consequences of the corruption influence and the
active participation in its prevention;
promotion of transparent and responsible work of the
bodies and institutions in Bosnia and Herzegovina.
 The Agency is authorised to issue:
anti-corruption measures
recommendations and instructions,
opinions, and initiatives
 Mandatory Cooperation with Agency
Institutions and agencies at all levels, public
services and other bodies with public authority are
required to cooperate with the Agency, and submit
all the necessary data and information at the
request of the Agency
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Development of the Strategy for combating
corruption and development of the Action Plan for
the prevention of corruption;
Coordination and oversight of implementation of the
Strategy and Action Plan
Coordination of the work of public institutions in
preventing corruption and a conflict of interest,
Monitoring the effects of laws and by-laws aimed at
prevention of corruption and giving opinions and
instructions regarding the implementation of the
same,
Coordination of the work of the institutions with
public authorities in combating corruption;
Acting on the submissions received with indications
of a corruptive conduct pursuant to the applicable
regulations;
Cooperation with national scientific and
professional organizations, media and NGOs on the
issue of prevention of corruption;
Cooperation with international organizations,
institutions, initiatives and bodies;
 Collect and analyse statistic and other data, and
informing all relevant subjects in Bosnia and
Herzegovina on the results of the research;
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Development of educational programs in terms of
the prevention of the corruption and fight against
corruption as well as the oversight on their
implementation;
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Publication of the information on corruption;
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Informing relevant institutions and the public about
the obligations arising from international legal acts,
and make recommendations for the implementation
thereof in connection with the prevention of
corruption;
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Regulates a unique methodology and directions for
the integrity plans and provides assistance to all public
institutions in implementing these plans;
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International Cooperation;
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And other duties in relation to the prevention of
corruption.
THANK YOU FOR YOUR ATTENTION !
Ministry of Security of Bosnia and Herzegovina
Trg Bosne i Hercegovine 1, 71 000 Sarajevo
Edin Jahić, E- mail: [email protected]
Phone: +387 33 492 711