Despite the cantonal inspection’s finding that she does not meet the requirements for director of a health institution, Dr. Sedija Arapčić has been serving as the acting director of Lukavac Health Center for more than two years. The responsible Ministry, while acknowledging that the appointments were not in accordance with the law and do not justify them, believes that it is in the interest of patients and employees for this public institution to have a director.
In March 2022, the Board of Directors of Lukavac Health Center appointed Dr. Sedija Arapčić as the acting director of Lukavac Health Center, although she does not possess proof of knowledge in health management which, according to the Health Care Law of the Federation of BiH, is a necessary condition for managing a health institution.
This Law stipulates that the director of a health institution, in addition to a university degree in medicine or pharmacy, must have at least five years of work experience, and a specialization or completed postgraduate study in health management. The aforementioned Law also defines that an acting director in health institutions can be appointed for a maximum period of 6 months, however, Dr. Arapčić has been appointed to this position five times and has been performing this function for 2 years and six months with a two-month gap.
That these appointments are problematic and that Sedija Arapčić does not meet the legal requirements for the position of director was also confirmed by the cantonal health inspector of the Cantonal Administration for Inspection Affairs of Tuzla Canton, who conducted supervision in this public institution, but declared himself incompetent to impose sanctions, and requested the Ministry of Health of this canton to initiate proceedings and take “appropriate measures” to eliminate these irregularities.
What is most striking in this case is that the Ministry, in its response to the inquiry from Transparency International in BiH, agrees that “during the disputed period, the legal requirements for appointing the director of the Public Health Institution Lukavac Health Center were not met,” but that the appointment of Dr. Sedija Arapčić to the position of acting director five times in a row was done “for justified reasons in order to carry out the activities of this Institution and in the interest of the employees of the Health Center and all residents of the City of Lukavac.”
Despite the established irregularities confirmed by inspection bodies, the lack of concrete sanctions and multiple extensions of the mandate call into question the responsibility of government institutions that should protect the interests of citizens. Moreover, the fact that a person who does not meet the legal requirements for director is continuously appointed to the position of acting director shows that laws in BiH are interpreted selectively, and government institutions, which should ensure respect for and consistent application of laws, use all possible ways to avoid legal obligations and restrictions for appointing persons outside of public competition, discriminating against other citizens by denying them the opportunity for selection and appointment.
