The Ethics Commission of the Federation of BiH Parliament has refused to take measures against federal representative Arnel Isak for violating the Code of Ethics and clear conflict of interest. The complaint against him was filed by Transparency International in BiH, as his family business consistently wins tender contracts, although this is prohibited by the Law on Conflict of Interest, which TI BiH warned about in April this year. As there is no authority to enforce this Law, the complaint was directed to the Ethics Commission, as it can impose sanctions for violations of the Code of Ethics which prohibits MPs from being in a conflict of interest.
However, from the Commission’s response, it is evident that no measures will be taken, as it repeatedly states that this body is not responsible for implementing the Law on Conflict of Interest, although TI BiH clearly reported a violation of Article 19 of the Code of Ethics, for which this commission is responsible.
-It is evident that this Commission is not competent nor has the authority for any actions related to possible prosecution of the mentioned violation. The Ethics Commission will do everything within its competencies to initiate all necessary actions for both the implementation of the Law on Conflict of Interest in FBiH government bodies and the improvement of the current Code of Ethics which is in the process of adoption, concludes the commission’s response signed by chairman Ivica Šarić.
Thus, this body has joined other FBiH institutions that have been ignoring the existence of the Law on Conflict of Interest since 2013 regarding appointments, tender awards to companies connected with public officials, or budget grants to politically-connected associations.
Meanwhile, the company DHD Zenica owned by federal representative Arnel Isak’s wife has continued to win tenders. The latest contract worth around 12,000 KM was awarded to this company at the end of August this year by the “Public Enterprise for Sports Facilities and Grounds Ltd. Zenica”. Previously in April, it received a framework agreement worth about 55,000 KM for successive fuel procurement for the Ministry of Internal Affairs of Zenica-Doboj Canton. Additionally, last year this company concluded a framework agreement for fuel, oil, and lubricants supply with the Institute for Health and Food Safety Zenica worth around 93 thousand KM (excluding VAT), as well as a tender from JP “Grijanje” Zenica worth nearly 26 thousand KM.
TI BiH has previously warned about the conflict of interest, as companies owned by the family of Federal Minister of Internal Affairs Ramo Isak and his son Arnel Isak were receiving government contracts. After pressure from the public and international community, there was a change in the ownership structure of Condor, which had been winning significant tender contracts since their entry into power. These cases were flagrant examples of open violation of the Law and abuse of the legal vacuum that emerged in 2013 when the CEC was stripped of its authority to determine conflicts of interest.
Since then, there has been no competent body in FBiH to determine conflicts of interest, and authorities have been avoiding the adoption of a new law for the past 12 years, which was among the key priorities in the EU integration process, and is now included in the Reform Agenda as an obligation that must be fulfilled by December this year.
The current FBiH Government, which promised momentum on the European path and in fighting corruption, withdrew important anti-corruption laws from parliamentary procedure “for revision” in May 2023, including the Draft Law on Prevention of Conflict of Interest. TI BiH
