- Dodik was reported because his family’s companies received state incentives – proceedings were not initiated as the previous Commission failed to act
- Commission concluded that BH Telecom “is not a public enterprise” so former advisor to Elmedin Konaković is not in conflict of interest
- Conflict of interest established for certain officials but no possibility of imposing sanctions
After three years of waiting, a decision was made not to initiate proceedings against Milorad Dodik for conflict of interest. The complaint against him was filed by Transparency International in BiH, as companies owned by his family conducted business with the state and received budget incentives while he served as a member of the BiH Presidency. This was clearly prohibited by both the old and new law, but the previous Commission, composed of BH Parliament representatives, never initiated proceedings due to political blockades.
Meanwhile, a new Law was adopted and a new Commission was formed, which should be independent, but which did not review complaints from the previous period for a year, as TI BiH warned. Then it began making decisions on old cases, under the old law, however in many cases sanctions could not be imposed because the reported officials were no longer in office. Additionally, in Milorad Dodik’s case, it was concluded that he is not a public official at the state level, and since the previous Commission did not initiate proceedings during its mandate, the current Commission decided not to conduct proceedings.
At the same session, numerous complaints from TI BiH and other complainants that had been waiting for years were rejected. In the case of new BH Telecom director Amel Kovačević, former advisor to BiH Foreign Minister Elmedin Konaković, whom TI BiH reported because he could not be appointed as director within six months after his term ended, a decision was made that there is no conflict of interest.
The explanation is that “BH Telecom is not a public enterprise,” despite the Federation of BiH owning 90% of shares. The Supervisory Board of BH Telecom is directly appointed by the FBiH Government, which then appoints the director with Government approval. This interpretation by the Commission gives concerning indications regarding the Law’s interpretation and the practice of deciding and sanctioning incompatible functions and conflicts of interest.
In the case of Darko Šandar, advisor to the former BiH Security Minister who simultaneously served as a member of the Assembly of GP “PUT” A.D. East Sarajevo, which conducted business with public institutions and received contracts worth 1.3 million KM, a violation of law was established, without the possibility of imposing sanctions as he no longer holds public office.
Several other cases that have been waiting for years had similar outcomes, such as those of Siniša Vidović and Munib Jusufović, while the case against Edhem Bičakčić was archived because he did not hold public office since the new law’s implementation, and the previous Commission failed to initiate proceedings while the earlier law was in force.
TI BiH reminds that the adoption of the new Law on Conflict of Interest at the state level was supposed to be one of BiH’s most significant reforms on the European path, but concrete benefits have not yet been seen. The new law is still not being implemented due to the non-adoption of bylaws, and the decisions made under the old law are not encouraging.
The establishment of a new, independent Commission was one of the most significant innovations, but its selection was accompanied by numerous controversies from the start. Decisions made at this and the previous session indicate that the new Commission’s decision-making practice could undermine many provisions of the new law, allowing numerous officials to continue holding multiple positions and remain in direct conflict of interest unimpeded.
