almanac on security sector oversight in the Western Balkans

5 . Recommendations
The proposed law on parliamentary oversight of security sector should be adopted:
The control and oversight work of the parliamentary committees in Bosnia and Herzegovina
is overall quite good. There are sufficient laws on the books to provide these
committees with a variety of tools for oversight of the work of security institutions,
which are being utilised. In certain situations, narrow political interests are put ahead
of legal efficiency. The proposed law on parliamentary oversight of the security sector,
currently in parliamentary proceedings, should be rapidly adopted, since it would
improve some undefined legal provisions of control and oversight.
Cooperation between committees of the Parliamentary Assembly of Bosnia and
Herzegovina and executive authorities should be increased: Cooperation between
committees of the Parliamentary Assembly Bosnia and Herzegovina in charge of oversight
of the security sector and executive authorities is insufficient. This is particularly
evident in the lack of cooperation between the Joint Committee on Supervision of
the Work of the Intelligence-Security Agency and the Council of Ministers of Bosnia
and Herzegovina. During recent years this situation has improved, but we believe
this cooperation is not yet up to the level necessary to implement control in line with
democratic practice. Therefore, the Law on the Intelligence-Security Agency Bosnia
and Herzegovina should be amended to establish norms that closely define forms of
cooperation and establish responsibility for failures to fulfil obligations in this part of
oversight.
Quality of internal control bodies should be increased: In spite of quality control systems,
internal control bodies still have notable deficiencies. Insufficiently staffed structures
and inadequate expertise of those in charge pose significant challenges. Activities
slowly being implemented for internal financial control serve as an example that
should be followed by other internal control units.
Penalty provisions for non-adherence to the recommendations of the Ombudsman
or Audit Office should be established: The capabilities of independent bodies remain
limited. The causes include insufficient capacities and a lack of political independence.
Non-compliance with the recommendations of independent bodies remains an
obstacle to reform. The State Auditor’s annual report often points to problems with
the financial management of the Ministry of Defence Bosnia and Herzegovina, 50 but
there have been no consequences. What should be strengthened in Bosnia and Herzegovina
are the penalty provisions for non-adherence to the recommendations of the
Ombudsmen or the Auditors Offices.
Judicial reform should become a priority: Currently in Bosnia and Herzegovina there
are four separate pyramids of the judiciary, which have a low level of cooperation. The
system needs to be strengthened and made more efficient. Structural dialogue over
50 All Special Reports are available on the webiste of the Ombusmen Institution
www.ombudsmen.gov.ba
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