AGENCY FOR PREVENTION OF
CORRUPTION AND COORDINATION OF
FIGHT AGAINST CORRUPTION
mr.sci. Vladica Babić - [email protected]
Assisstent Director for Prevention of Corruption
SOFIA - Bulgaria – 5th November 2013
STATUS OF THE AGENCY
• The Agency is established by the Parliamentary Assembly of BiH
(30.dec.2009.)- (01.apr.2013.);
• The Agency is established by the law;
• The Agency is an independent administrative organisation that
reports to the Parliamentary Assembly of BiH.
LAW ON THE AGENCY FOR PREVENTION OF CORRUPTION AND
COORDINATION OF FIGHT AGAINST CORRUPTION
•
•
•
•
•
•
•
•
•
establishment of the Agency,
goals of the Agency’s estublishment
anticorruption principles
responsabilities of the Agency
managment of the Agency
the selection and operational monitoring committee
internal organisation of the Agency
coordination of the corruption prevention policies
Coordination with other bodies and organisation
THE SELECTION AND MONITORING
COMMITTEE
•
•
•
The Selection and Monitoring Committee of the Agency- consists
of 9 members;
The Committee is appointed by the Parliamentary Assembly of
BiH;
The Committe is responsable to initiate procedure for appointment
of the Agency’s Director and to receive reports on the Agency’s
operations.
(9 members= 3 Parlamentary Assembly + 3 House of Peoples + 2 Academic Society + 1 No
Government Organisation )
STRATEGIC DOCUMENTS
•
Strategy for Fight Against Corruption (2009.-2014.)
•
Action Plan for Implementation of the Strategy for Fight
Against Corruption (81 activities)
STRATEGY FOR FIGHT AGAINST CORRUPTION
Anticorruption Strategy is prepared to reduce the level of
corruption, and also to strengthen the trust in government
institutions at all levels. Corruption must be eradicated, so that
it does not impede good governance and free market economy
in the country.
ACTION PLAN FOR IMPLEMENTATION OF THE STRATEGY
FOR FIGHT AGAINST CORRUPTION
• Building of the capacity of the Agency for Prevention of Corruption and
Coordination of Fight against Corruption- 12 activities
• Prevention of corruption - 32 activities
• Education, training and public awareness raising – 16 activities
• Implementation of the law, - 11 activities
• Coordination and implementation of the Strategy, - 10 activities.
(foresees 81 activity)
STRUCTURE OF AGENCY
Sector
for Prevention of the
Coruption
Sector
for Coordination of
the Fight against
Coruption
employees
Sector for Legal,
Personnel, General
and Financial Affairs
AGENCY GOALS?
AGANCY GOALS-Artcle 5. of the Law
a) Identify and eliminate the causes of corruption;
b) Discourage occurrence of criminal offenses connected with
corruption;
c) Ensure and improve the legal framework for prevention of
corruption;
d) Stimulate participation of civil society in prevention of corruption;
AGANCY GOALS-Artcle 5. of the Law
e) Raise public awareness and create an attitude of nontolerance
towards corruption;
f) Provide education on causes and consequences of corruption and
on active participation in its prevention;
g) Promote transparent and responsible functioning of institutions
in BiH.
RESPONSABILITIES OF THE AGENCY - Art. 10 of the Law
d) monitor the instances of conflict of interest
f) analyze the delivered data in order to detect the instances of
corrupt practices
h) take action upon receiving the submissions that contain
indications of a corruptive conduct
j) provide opinions and guidelines
n) develop educational programs
p) inform the competent institutions and the public of the
obligationscontained in international legal acts and give
recommendations for their realization
OBLIGATIONS OF BiH TOWARD EU IN THE FIELD OF
JUDICIARY AND INTERNAL AFFAIRS
• Decision of the Council on the principles, priorities, and conditions
contained in the European partnership with BiH (2007),
• Stabilization and Association Agreement between the European
Communities and their Member States, of the one part, and Bosnia
and Herzegovina, of the other part (2008),
• Road map on visa free regime (2008).
CHALLENGES
•
•
•
•
Lack of financial funds for:
-functioning of the Agency
-education
-specialized training
(...)
Harmonization of legal framework to enable cooperation and coordination of prevention of corruption
at all levels of government.
-Establishment of efficient system of coordination at all levels of government.
-Establishment of mechanisms for monitoring and evaluation of the implementation of strategy and
anti-corruption measures.
Adoption of international standards
Adjustment of domestic legislation with international regulations (conventions, EU directives).
•
•
•
•
Etical Code
Integrity Plans
Open Communication Channels
Education and Organised Courses
•
•
•
•
Etical code
Integrity plans
Open Communication Channels
Education and Organised courses
ETICAL CODE
• uploaded to the web page of the Agency
• all civil servants to be self-tested
•
•
•
•
Etical Code
Integrity Plans
Open Communication Channels
Education and Organised Courses
INTEGRITY PLANS: ORGANIZATIONAL RESPONSE
TO CORRUPTION RISKS
• at organizational level: establishment of a system that would
reduce opportunities for corruption and would support the
individual members of the organization to act in good fait.
• “resistance to corruption”
• at personal level: knowledge, skills and determination to
follow the established rules and practices and to always act
in public interest, avoid conflicts of interest and “do no
harm”.
•
•
•
•
Etical code
Integrity plans
Open Communication Channels
Education and Organised Courses
OPEN COMMUNICATION CHANNELS
How do we gather information?
• mailboxes;
• E-mail;
• hotlines;
• surveys (including questionnaires);
• whistleblowers (officials, working for the organization ?,clients of the
organization, other stakeholders )
•
•
•
•
Etical Code
Integrity Plans
Open Communication Channel
Education and Organised Courses
EDUCATION AND ORGANISED COURSES
•
•
•
Project IPA 2009,
Courses for all institution with Agency support
International organization and NGO
PERIODIC TESTING AND AUDITING OF THE INTEGRITY
SYSTEM
• Internal Audit -check on compliance
• Internal Audit -check process of implementation of the
compliance policies/integrity system
COORDINATION
•
•
•
•
Memorandum of Understanding with all institutions for
information exchange;
coordination related to data exchange;
legal documents;
Memorandum of Understanding/ Agreements with
NGOs.
PROGRESS AND CHALLENGES AHEAD
• Application of measures from the Action Plan for the
implementation of the Strategy for Fight against Corruption,
• Harmonization of obligations per domestic legislation,
adjustment of laws concerning anti-corruption at various levels
of government, and their consistent implementation,
• Building capacities required for the Agency for Prevention of
Corruption and Coordination of Fight against Corruption to
perform its duties.
PROGRESS AND CHALLENGES AHEAD
• Decisive processing of corruption cases and improvement of efficiency and
independence of the judiciary; enabling that courts work without political
influence,
• Corrections to the legal framework in the area of political parties financing,
along with increased transparency in financing of political parties,
• Adoption of Public Procurement Law in accordance with Acquis;
improvement of coordination and cooperation between the relevant
institutions, the work of Office for Complaints,
• Improve the legal framework on conflict of interest.
THANK YOU FOR YOUR ATTENTION
[email protected]