almanac on security sector oversight in the Western Balkans

Bosnia and Herzegovina
One area to be strengthened for independent bodies in Bosnia and Herzegovina is
their power to sanction. These institutions can do very little to enforce sanctions and
depend on the voluntary compliance of those found violating certain laws or regulations.
State and entity-level legislatures have expanded their capacities at the recommendation
of auditors. Their capacities are still insufficient, however, in relation
to what is needed for the recommendations from the auditor’s reports to be implemented.
The current record fails to offer any examples of an institution that has been
penalised or undergone any discipline.
Each year, the auditing institutions publish reports showing concrete failures of specific
institutions. Unfortunately, after an analysis and discussion in parliament, highlighted
issues often fail to be reviewed or remedied. In its 2010 report, the Audit Office
for the Institutions of the Federation BiH (Public Auditors Office Federation BiH,
2011) failed to grant a positive grade to a single institution. These and similar findings
of the auditor are possible evidence of neglectful state resource management. Legal
changes should be made to allow sanction of those institutions not abiding by the
recommendations.
The Parliamentary Military Commissioner of Bosnia and Herzegovina is a unique institution
in the region. The first Commissioner was appointed soon after parliament
adopted the 2009 Law on the Parliamentary Military Commissioner (Official Gazette
of BiH, 51/09) and has been active in promoting human rights and basic freedoms of
military personnel. According to the Law on the Parliamentary Military Commissioner,
the Commissioner can take up cases forwarded to him/her by the Ombudsmen (Article
7). The Commissioner is also responsible for investigating specific cases based on the
recommendation of the Parliamentary Assembly and the Joint Committee for Defence
and Security. The Commissioner has also been granted the power to conduct investigations
according to his own judgement, and can demand recommendations for
investigation from the Joint Committee. The Commissioner has access to information
necessary for investigations, and the minister of defence can reject access only in cases
when the information is classified. Even in these instances, the minister must submit
reasons to the Joint Committee for Defence and Security.
3.5. Financial transparency
In 2005, Bosnia and Herzegovina began a serious budgetary reform with the aim of
strengthening the phases of planning and management in the field of public finances.
Bosnia and Herzegovina since has created a sound legislative framework on financial
transparency. It has built up a modern, medium term process of planning with a defined
three-year budgetary calendar and division of responsibility. In accordance with
the Law on Financing of Bosnia and Herzegovina Institutions, (Official Gazette of BiH,
61/04) the Ministry of Treasury and Finance Bosnia and Herzegovina is charged with
the preparation of the budget and financing of the budget users, as well as adopting
all the relevant regulations for the preparation of the budget and activities for
implementation. Each institution is obliged to adopt internal acts, such as rules of
procedures, which further help to organise this field. The legislative framework has
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Almanac on Security Sector Oversight in the Western Balkans