almanac on security sector oversight in the Western Balkans

Bosnia and Herzegovina
the dedication to security sector reform in Bosnia and Herzegovina both from the
national authorities and the international community. The transfer of competencies
from the entity to state-level was not a voluntary process, particularly in the reform
of the military. Significant pressure from the international community resulted in the
adoption of legislation necessary for defence reform, as well as the formation of the
unique national military force. A similar situation also occurred with intelligence reform,
as well as during the reform of the tax and customs system. Except in the case
of the police, the transfer of competences in matters of defense and security from the
entities to the national government has continued. This enabled a more robust democratic
control over this sector by establishing parliamentary committees for oversight
over the security sector, as well as other forms of democratic control. To aid in this
effort, two parliamentary committees were established during 2003 and 2004, the
Joint Committee for Defense and Security and the Joint Security and Intelligence Committee
on Supervision of the work of Intelligence and Security Agency of Bosnia and
Herzegovina. Finally, during this period, two new ministries were established in the
Council of Ministers of Bosnia and Herzegovina: the Ministry of Defense and Ministry
of Security. These each have security competences.
Other institutions have been established to compensate for constitutional shortfalls.
The establishment of the Border Police Bosnia and Herzegovina in 2001 (first called the
State Border Service) has addressed the problem of protection and control of international
borders, which was formerly under the entity level and cantonal Ministries of
Internal Affairs. After the establishment of the state Court and the Prosecutor’s Office
in 2001, the need to establish a national police agency became apparent. This led to
the establishment of the State Investigation and Protection Agency (SIPA Bosnia and
Herzegovina) in 2002. The integration of the tax and customs system, achieved after
the establishment of the national Indirect Taxation Authority, has significantly contributed
to an improved oversight of indirect taxes as well as over national expenditures.
Police reform in Bosnia and Herzegovina was conducted in several stages. The most
recent took place in 2008 and culminated in the adoption of two major pieces of legislation
governing coordination between agencies and providing independent oversight.
These are, respectively, the Law on Directorate for Coordination of the Law
Enforcement Organisations and Agencies for Support of the Police Structure in Bosnia
and Herzegovina and the Law on Independent and Supervisory Bodies of Police Structure
of Bosnia and Herzegovina. The recent adoption of these two Laws completed
the legislative framework for democratic oversight of national police agencies. As for
entity and cantonal police forces, legal regulation and oversight bodies had been established
previously, during an earlier phase of reform. The structure of police forces
in Bosnia and Herzegovina is very complicated. In addition to the national police services,
there are thirteen other police agencies; there are two entity level police forces
(one in the Federation of Bosnia and Herzegovina and the other in Republika Srpska),
and a police force in Brčko District. Furthermore, the Federation of Bosnia and Herzegovina
is further devolved into additional ten cantonal police agencies, resulting in
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Almanac on Security Sector Oversight in the Western Balkans