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An Agenda For Reform Agreed Between
the Government of Bosnia and
Herzegovina
and the International Community
A Message to The People of Bosnia and Herzegovina
The Rule of Law
The rule of law is the foundation of a civilised society.
Upon it all else depends - personal and political liberty, economic
and commercial freedom, the rights of the individual, the duties and
responsibilities of the government.
Without the rule of law, democracy has little meaning. Without rule of law,
Bosnia and Herzegovina cannot integrate into EU structures.
Under the rule of law no one is above the law. The law applies equally to
government and governed alike. No one is untouchable; no one is outside the law,
however rich or well connected. It is the first duty of those elected to
make the law to respect the law.
This country has many laws and many judges, but it does not have the rule of
law.
The rule of law requires judges and prosecutors who are fearlessly
independent. It requires professional police. It requires competent civil
servants. It requires an accessible legal profession that is properly trained
and that maintains the highest standards of professional conduct and integrity.
It requires legislation that is fair and impartial, and that commands consent.
All of them have to work together, and all of them must be properly funded and
equipped to do their jobs. Justice does not come cheap.
Every citizen of this country knows that our laws are too often flouted or
ignored, and that when prosecutions do occur, justice is rarely served.
Building on the progress that has been made, for example in reforming the
police, we need now to work energetically with the international community to
establish the rule of law in this country. Without it, we will never be able to
contemplate a future as a member of the European Union.
We need to establish a judiciary that is truly independent, and that delivers
justice swiftly and efficiently. We need to establish decency and high standards
in public life. We need to stamp out corruption and tackle organized crime with
a ruthless resolve. We need to build confidence in the system by ensuring those
guilty of crimes are investigated, arrested, charged, convicted and punished. At
the moment, as everyone knows, that happens all too rarely.
It is a huge agenda for action. But it cannot wait.
REFORMING THE RULE OF LAW
TO TACKLE CRIME AND SUPPORT BUSINESS
Our over-riding objective is to create, over the coming years, the
most trusted legal system in the region. We want to turn the idea of
justice into a hard reality in normal people’s lives. We want to see the
law applied, impartially and consistently across BiH. We want to create a
justice system that serves the ordinary person, not just the rich, the powerful
and the well connected. We want to put an end to the flagrant abuses that
have characterised our criminal justice system for far too long. In the
future, nobody should be above the law – and nowhere beyond it.
Today, justice is beyond the reach of too many of our citizens.
Organised crime is flourishing. Corruption is far too widespread.
Businesses are at best inhibited, and at worst harmed, rather than protected, by
the justice system. If there is one thing that unites all the peoples of our
country, it is the demand for justice – not in theory but in practice. We must
respond to that demand before it is too late.
We aim to transform our legal system, progressively adopting and
implementing European standards and legislation. This is key to making progress
within the EU’s Stabilisation and Association Process.
We want to open up our political system, modernise the public
administration, and shine the bright light of public scrutiny into every corner
of government.
We will seek to intensify co-operation between all levels of the
criminal justice system. We need to be integrated internally if we want to
integrate externally.
We intend to take on the high level criminal networks that operate in
our country and across our region. And we will continue to play our full
role in the global fight against terrorism.
These are the people’s priorities. They are ours too. We
must now work together to deliver the necessary reforms.
We make these pledges to the people on
THE RULE OF LAW
We will ensure respect for the Rule of Law by Government and Parliament
by:
- Ensuring good governance in
the service of citizens through a Code of Ethics
- Obliging public
administration to work openly and in accordance with the law
- Establishing stricter
standards for immunity that prevent abuse of public office
We will create a legal framework based on an integrated justice system
that works in the interests of citizens and business by:
- Common legal rights for
citizens and business throughout the country
- Common legal standards and
principles applied to legal profession throughout the country
- An effective partner for
the EU and neighbouring countrieson justice and home affairs
We will fully support an efficient and effective justice system
by:
- Providing the resources
necessary for the courts and prosecutors’ offices to operate efficiently
and effectively
- Accelerating the
establishment of judicial training centres
- Restructuring and
integrating the minor offences courts
- Building efficient and
cost-effective Justice Ministries in the Entities
We will give the criminaljustice system – its police officers, prosecutors
and judges the tools to fight crime and corruption by:
- Adopting criminal
procedures for investigating crimes, bringing prosecutions and delivering prompt
court verdicts that convict criminals
- Establishing a Special
Chamber to spearhead the fight against organised crime and economic crime
- Enhancing security for
judges and witnesses
- Increasing capacity to
fight money laundering and other financial crimes
- Increasing capacity to fight
illegal immigration
We will redouble our efforts to build and develop an integrated law
enforcement system to fight all criminal activities, including organised crime
and terrorism so that our citizens can live in safety and security by:
- Ensure the continued development
of professional standards of all police forces in BiH through increasing the
level of skills of the individual officer while providing police forces the
necessary means to perform their duties.
- Ensuring that police services
carry out their tasks with integrity and to the highest standards
- Ensuring that the police forces
are politically independent, meritocratic and accountable to the public
- Enhancing cooperation and
coordination between police services to effectively fight crime and corruption
and work hand in hand with our European neighbours
For all these reforms, the financial sustainability of institutions and the
proper remuneration of those involved are central. We are committed to
streamlining administration where necessary and, with budget constraints in
mind, to reconsidering the salaries of both civil servants and police officers.
OUR REFORM AGENDA: A GUIDE
We will ensure respect for the Rule of Law by Government
and Parliament
No one is above the law. Citizens should know that there are standards to
which their elected officials are held accountable.
- Ensuring good
governance in the service of citizens through a Code of Ethics
¨ Officials and parliamentarians to
respect Conflict of Interest standards and to cooperate with the Election
Commission on the implementation of the law on Conflict of Interest
¨ Ensure that the code of ethics
included in the law on Conflict of Interest is applied to the future members of
governments
- Obliging public
administration to work openly and in accordance with the law
¨ Parliament of the Federation of
BiH to adopt law on civil service which is based on merits and promotes
efficiency (March 2003)
¨ Ensure full and, where
appropriate, timely implementation of the respective Laws on Administrative
disputes in order to address existing backlogs in the Entities (Spring 2003)
¨ Parliamentary Assemblies to adopt
laws on Administrative Procedures at State level (January 2003)
- Establishing stricter
standards for immunity that prevent abuse of public office
¨ Parliamentary Assemblies at State
and Entity level to harmonize the scope and application of immunity by adopting
laws which reduce the possibility of abuse by officials (October 2002)
We will create a legal framework based on an integrated justice system
that works in the interests of citizens and business
All citizens and legal entities must be equal and have equal access to the
justice system. Access to Court must be granted under the same conditions in
both entities and the decisions of Courts in one entity must be recognised and
enforcedin the other. The State must be given the means to carry out and enforce
its responsibilities under the Constitution.
- Common legal rights
for citizens and business throughout the country
¨ Entity Parliamentary Assemblies
to pass laws on Criminal Procedures that incorporate the same principles as
those enshrined in the State Code (Spring 2003)
¨ Entity Parliamentary Assemblies
to pass laws on Civil Procedures and Enforcement Procedures that incorporate
identical principles in both entities (February 2003)
¨ BiH authorities will support the
transition process of the Dayton institutions, in particular the merger of the
Human Rights Chamber with the BiH Constitutional Court (January 2004).
- Common legal
standards and principles applied to the legal profession throughout the
country
¨ Laws organizing legal professions
to include highest standards and principles at State level and in both entities
- An effective partner
for the EU and neighbouring countries on justice and home affairs
¨ Ensure that BiH has a structure
capable of focusing on issues related to Justice and Home Affairs falling within
the responsibility of the State Institutions (December 2003)
¨ Implement elements of the
Stabilisation and Association Process (SAP) related to the rule of law
We will fully support the building of an efficient and effective justice
system
The thorough re-structuring of the Judicial and Prosecutorial systems is a
major challenge which requires full engagement of the governments at all levels.
We will ensure that the governments provide the logistical and budgetary
assistance needed to modernize the justice system and to minimize the
inconvenience caused by the re-structuring. In particular, the savings generated
by the re-structuring will be steadily re-invested in the justice sector in the
years to come.
- Providing the
resources necessary for the courts and prosecutors’ offices to operate
efficiently and effectively
¨ Governments at Entity and Canton
level to identify appropriate location for newly-restructured Courts and
Prosecutor’s Offices (December 2002)
¨ Governments to prepare a staffing
plan (including a comprehensive review of current staffing level – December
2002) for the restructured courts and prosecutors’ offices, including the Court
and Prosecutor Office of BiH (Spring 2003)
¨ Governments to provide sufficient
funds for the proper functioning of Courts and Prosecutors’ Office, including
the Court and Prosecutor’s Office of BiH (December 2002)
¨ Governments to ensure that
savings generated by the reduction in the number of courts/judges are
re-invested in the modernization of the justice system (From 2003 to 2005)
- Accelerating the
establishment of judicial training centres
¨ Entity Governments to ensure
speedy appointments of the members of the Boards of entity training centres
(October 2002)
¨ Entity Governments to provide
facilities, including premises and financial resources, to training centres to
carry out their functions (December 2002)
- Restructuring and
integrating the minor offences courts
¨ Entity authorities to harmonize
the minor offence laws across the country (July 2003)
- Building efficient
and cost-effective Justice Ministries in the Entities
¨ Entity authorities to propose the
most cost-efficient methods of paying for justice system (April 2003)
¨ Entity authorities to ensure that
the ministry(ies) of justice in each entity are rationalized and work in a way
that promotes efficiency (December 2003)
We will give the criminaljustice system – its police officers,
prosecutors and judges - the tools to fight crime and corruption
To secure an efficient justice system, judges and prosecutors need
up-to-date, workable legislation. The legal framework in which judges and
prosecutors operate often prevents them from tackling complex economic and
financial crimes.
- Adopting criminal
procedures for investigating crimes, bringing prosecutions and delivering prompt
court verdicts that convict criminals
¨ Entities to adopt
effectiveCriminal Codes and Criminal Procedure Codes (Spring 2003)
¨ BiH authorities -together
with the Entity and Brcko authorities - to draft and adopt legislation to
comprehensively regulate for the execution of criminal sanctions between the
Entities and the District of Brcko. This law will include clear
preconditions for transfer of a convicted persons, the actual procedures for the
transfer of convicted persons from the institution of one Entity to another and
will ensure adequate protection for the rights of the convicted person. Legal
Assistance and co-operation between Courts and Law Enforcement Agencies in
relation to the Execution of Criminal Sanctions will also be regulated (January
2003)
¨ BH and Entity authorities to work
on the reform of the penal system
- Establishing Special
Chambers to spearhead the fight against organised crime and economic
crime
¨ Entities to establish special
departments within their Courts and Prosecutor’s Offices to deal with economic
and financial crimes that fall outside the jurisdiction of the State Court
(Spring 2003)
¨ All authorities will support the
establishment of a Special Chamber in the Court of BiH and Special Department in
the BiH Prosecutor’s Office to address corruption, economic crimes and organised
crime
- Enhancing security
for judges and witnesses
¨ BiHauthorities to adopt the law
on the Court Police and to facilitate its implementation (December 2002)
¨ BH authorities to provide
sufficient funds for development and operations of the BiH Court police
(December 2002)
¨ State and entities to enact
necessary legislation on witness protection (Spring 2003) and develop, in
coordination with experts, a comprehensive witness protection mechanism/program
and a witness protection agency (July 2003)
- Increasing capacity
to fight money laundering and other financial crimes
¨ BH authorities to enact a state
level law on money laundering (Spring 2003) and establish a financial
intelligence unit (Summer 2003)
¨ Federation parliament to
legislate to make money laundering a criminal offence (Spring 2003)
¨ Federation authorities to pass
(December 2002) and implement (June 2003) the Law on the Anti-Fraud Service that
establishes a body inside the Ministry of Justice capable of investigating money
laundering, corruption and other financial crimes
¨ State and Entity Authorities, in
coordination with experts, to develop and enact the legislation regulating the
sequestration of criminal assets (Summer 2003) and to establish an appropriate
enforcement mechanism (December 2003).
- Increasing capacity to
fight illegal immigration
¨ BiH authorities to adopt a law on
immigration and asylum which allows effective enforcement
We will redouble our efforts to build and develop an integrated law
enforcement system to fight all criminal activities, including organised crime
and terrorism, so that our citizens can live in safety and security
- Ensure the continued
development of professional standards of all police forces in BiH through
increasing the level of skills of the individual officer while providing police
forces the necessary means to perform their duties.
¨ Cooperate with the IPTF to ensure
the successful conclusion of the UN certification process and systems analysis
(December 2002)
¨ Establish a close working
partnership with the EU Police Mission in Bosnia and Herzegovina (EUPM)
particularly through colocation of police forces with the EUPM at medium to
senior levels throughout BiH (January 2003)
¨ Work with the EUPM and the
European Commission to develop additional specialised training curricula
¨ Provide adequate funding to
State-level law enforcement institutions, including the State Border Service and
the State Information and Protection Agency
- Ensuring that police
services carry out their tasks with integrity and to the highest
standards
¨ Strictly enforce the Codes of
Conduct
¨ Ensure that all serving police
officers maintain the highest standards in their private life, including private
property ownership
- Ensuring that the police
forces are politically independent, meritocratic and accountable to the public
¨ Ensure that the police officers
can work free from political interference
¨ Increase the number of minority
and female officers recruited into police forces in both Entities
¨ Establish transparent internal
management systems including performance reviews and disciplinary procedures
¨ Remove from police service any
officer who fails to meet high standards of integrity, competency and
professionalism
- Creating cooperation and
coordination between police services to effectively fight crime and corruption
and work hand-in-hand with our European neighbours
¨ Further develop cooperation
between all levels in judicial and police affairs
¨ Increase capacity in the fight
against corruption and organized crime including human trafficking
¨ Create a standardised and
centralised data recording and analysis systems to facilitate information
sharing among law enforcement and judicial agencies in BiH for operational
planning, investigation and judicial proceedings
¨ Ensure European standards of data
protection in order to enable a cooperation agreement with Europol
¨ Reinforce regional and
international law enforcement cooperation, including information-exchange and
operational support, on issues of human trafficking, organized crime and
terrorism
¨ Ensure that adequate mechanisms
exist to bring persons indicted for war crimes to justice
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