ReliefWeb

Report Authors
Omer Car, Zarko Papic
International Bureau for Humanitarian Issues, Bosnia and Herzegovina

(Extract)

2. Executive Summary

The study focuses on the issue of integrity in the context of post-war reconstruction of Bosnia and Herzegovina. It is an attempt to analyse and examine the role of international and local actors in developing integrity pillars (i.e. legislative, executive and judicial branch, the media, civil society and so on). The study also provides for an evaluation of the extent of which each of the integrity reforms have been successful.

There are two underlying stories that emerge from the study and are important for understanding the evolution of the BiH National Integrity System. The first is that of a focus on the speedy implementation of a massive reconstruction process in the early post-war period (1996-1999), that is paralleled by an emphasis on speedy economic reforms, which seem to have come at the expense of institutions and systems that are needed to ensure the integrity sustainability of the reconstruction process. Most of the reforms designed to strengthen the National Integrity System were started well after much of donor money had already been dispensed with for the purpose of post-war reconstruction. The second important aspect is that of, what appears to be, a conflict between the goals of post-war-reconstruction and that of a democratisation process as envisaged by the international community during this period. Namely, the manner by which the international community engaged in the implementation of the reconstruction programme was inadvertently and simultaneously aiding the system of governance it was ultimately hoping to do away with. This has ultimately led to significant frustration and a heavy handed approach to state building via use of the, so called, Bonn Powers (i.e OHR's drive to bypass the political process by imposing legislation and sacking public officials in an unsystematic fashion), which in turn opened up new dilemmas and led to a crisis of democracy of sorts. This era however seems to have come to an end as one can now observe glimpses of a transition process that is underway, namely one in which the post-war protectorate is being phased out and substituted by the EU integration process.

In terms of the quality and strength of individual integrity pillars there are degrees of difference between them, which in some instances are quite prominent. The most successful reform story is the media reform in light of it having significantly undermined the political grip on the media. The success has been guaranteed by an early recognition of the problem (media reform was initiated as early as 1997) and the establishment of an effective and implementable regulatory framework which to this day continues to ensure media integrity and has been highly conducive to the overall peace process efforts. Today the media remains fairly uninhibited in its efforts to bring public attention to the potential and alleged cases of corruption. Other pillars have also had their share of success in strengthening and contributing towards the national integrity system success including the Central Election Commission and the Supreme Audit Institution.

At the other end of the spectrum, however, stands the civil service reform, which has been amongst the last donor initiated integrity reforms and arguably the least successful. Very little good has come from this reform beyond having merely formalized the application procedures for those willing to enter the civil service. An outsider applying for a civil service job stands little chance of being hired in spite of a seemingly rigorous application procedure. What usually happens is that those with connections get test questions before their competition and therefore have a considerable and undue advantage. Moreover, the tests are designed in such a manner which tests only a candidate's bureaucratic propensity rather than skills that may be integral to a particular civil service post. All in all, the reform has had a negligible effect on the civil service culture in BiH.

What seems to be key to the Bosnian experiment is whether an institution imposed from the outside can gain legitimacy over time. Certain institutions such as the Electoral Commission, the High Judicial and Prosecutorial Council and the Communication Regulatory Agency seem to suggest that this is indeed possible.