For more than half of her mandate, Amela Mehmedović served both as a municipal councilor in Zivinice and as an Assistant Minister in the Government of Tuzla Canton. Transparency International in BiH reported this case to the Cantonal Administrative Inspection, which states in its response that the Ministry where she works has initiated disciplinary proceedings against her.
The Inspectorate requested an authentic interpretation of the Civil Service Law from the Tuzla Canton Assembly, but it has not been provided to date as the Assembly removed this issue from the agenda in January.
Thus, Mehmedović continued to perform both functions unhindered because the Ministry of Culture, Sports and Youth of TK avoids implementing the law provision that clearly stipulates that a civil servant cannot hold a position that leads to a conflict of interest, and that the rights and obligations of a civil servant are suspended from the moment they are appointed to any legislative body at any level of government in BiH.
TI BiH initially reported this case to the Central Election Commission, which has the authority to revoke mandates, as Mehmedović held two incompatible positions: one in the executive and one in the legislative branch.
Although the BiH Election Law clearly prohibits elected officials in BiH from simultaneously performing any function in executive bodies during their mandate, the CEC in its response refused to act in accordance with these provisions and transferred the decision-making process to the cantonal level, stating that the position of Assistant Cantonal Minister “is not listed as a category of executive function” and therefore this body cannot revoke her mandate in the municipal assembly.
In its response, the CEC noted that in this specific case, the Law on Civil Service in Tuzla Canton applies, which is why TI BiH contacted the Ministry of Justice and Administration of TK, specifically the Administrative Inspection operating within this Ministry.
The Inspection refused to react, stating that the illegality is more than obvious, that no inspection supervision is needed to prove the illegality, and that it has never happened that a public body called for inspection of itself. The inspection findings delivered to TI BiH state that the Ministry needs to act according to the provisions of the Civil Service Law.
This and similar examples, where intertwined legal solutions treating one area at multiple levels create confusion and unnecessarily complicate law implementation while allowing institutions to avoid jurisdiction, demonstrate why the area of conflict of interest and the phenomenon of holding multiple positions in BiH remains unregulated and without sanctions.
Additionally, this situation clearly indicates the need to finally adopt a new Law on Conflict of Interest in the Federation of BiH, as the existing one has not been applied since 2013. TI BiH has long advocated for changes to legal provisions that lead to the improvement of conflict of interest laws, as this is one of the 14 key priorities that the EU has set for BiH on its path to candidate status.
