Conflicts of Interest and Asset Declarations

Representatives of the Vermont Youth Center and the Center for Education and Research (CER) took part in the conference in Sarajevo on 27 October Conflicts of Interest and Asset Declarations – Long-Term Solutions for the Legal and Institutional Framework. The conference, organized by Transparency International Bosnia and Herzegovina, aimed to present recommendations for improving and harmonizing conflict-of-interest laws, as well as proposals for establishing mechanisms to monitor public officials’ asset declarations.

Representatives of relevant institutions took part in the conference’s three panels, including the Agency for the Prevention of Corruption and Coordination of the Fight against Corruption (APIK), the Commission for Deciding on Conflicts of Interest in Bosnia and Herzegovina, the Central Election Commission, the Personal Data Protection Agency, and the Center for Investigative Journalism. Participants also included representatives of parliamentary committees and the executive branch, civil society, the media, and international institutions and organizations.

The discussion focused on current problems and obstacles to ensuring effective oversight of the implementation of the law, with particular emphasis on the need to strengthen the independence of institutions so that the law can be applied objectively and impartially.

Four conflict-of-interest laws that do not regulate this area in a uniform manner place elected officials, holders of executive positions, and advisers in unequal positions, depending on the level of government at which they hold public office. The latest amendments to the law in question led to a two-year suspension of its implementation at the state level, while amendments to the law in the Brčko District gave jurisdiction to the District Election Commission.

Everyone present agreed on one thing: the legislative amendments in 2013 were a step backward. It is therefore essential to fundamentally reform the legal and institutional framework and offer solutions that will ensure its implementation objectively and impartially.

In this context, some of the conclusions of this highly constructive event were to harmonize the legal framework and enable its enforcement by a single non-political and independent body (strengthening APIK’s powers and capacity), tighten penalties and expand the range of sanctions for conflicts of interest, verify the accuracy of information provided in financial asset declarations, adapt the legal framework to the country’s complex system of government and circumstances, and enable consistent interpretation and practice.