Series:Analitika - Policy Brief

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Recommendations for Strenghtening the Independence of Public Broadcasters in Serbia

Recommendations for strenghtening the independence of public broadcasters in Serbia

Author(s): Rade Veljanovski,Davor Marko / Language(s): English

Keywords: media; public broadcasters; Serbia; independence; financing; strenghtening; recommendations;

Public service broadcasters in the Republic of Serbia are facing the growing political pressures and financial instability. This threatens their institutional independence, program quality, and affects the citizen’s trust in public broadcasters. In order to fulfil their mission, public service broadcasters need to enjoy stronger guarantees of their institutional independence, adapt appropriate funding model, secure transparent and adequate process of appointment of members of the governing bodies, and become more accountable towards citizens of Serbia.

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Participatory Model for Public Media in Macedonia: Reviving an Idea

Participatory Model for Public Media in Macedonia: Reviving an Idea

Author(s): Igor Micevski,Snezana Trpevska / Language(s): English

Keywords: Macedonia; media; public service broadcasting; politics; finances; civil society;

One of the main reasons for the failed transformation of the public broadcaster in Macedonia is the political parallelism of the entire media system: the strong and durable links between the political parties and the media. The omnipresent political pressure, also applied on the public broadcaster, has changed from modest, subtle and concealed (as was the case in the 1990s) to brutal, direct and unidirectional (as has been the case since 2008). The non-transparent, insufficient and irregular financing of the PSB; the strengthened direct clientelistic ties between editors, journalists and political actors; the open threats and intimidations amounting to censorship and self-censorship, have contributed to the overall “politicization” of the PSB’s titular mission - to broadcast in the name of the public interest. Despite this diagnostic, the policy brief claims that PSB in Macedonia could have transformative potential by reinventing itself along its four core values: citizenship, universality, quality and trust. We claim that a feasible direction for its development would be a ‘Participatory Public Service Model’ (PPSM) – a model which should be based on a solid and stable connection between PSB and civil society.

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In a Vicious Cycle: Is There a Future for Public Service Broadcasting in Bosnia and Herzegovina?

In a Vicious Cycle: Is There a Future for Public Service Broadcasting in Bosnia and Herzegovina?

Author(s): Tea Hadžiristić / Language(s): English

Keywords: BiH; media; public service broadcasting; finances; politics;

Since its creation in 2002, Public Service Broadcasting (PSB) in Bosnia and Herzegovina has struggled to fulfil its primary goals. Financial difficulties have brought the state broadcaster near the brink of collapse several times, while state capture by political parties has politicized PSB across the board2 and increased its dysfunction. Our research found that PSB in BiH has failed to secure a sustainable funding model, is not independent from politics, does not fulfil its remit, and has failed to adopt new technologies crucial to its continued relevance and survival. PSB is a victim of the political colonization of the media sphere, and weak, dysfunctional state institutions that suffer from the chronic disregard for the law demonstrated by ruling elites. At the same time, the ongoing debate about PSB in BiH is largely anachronistic, and fails to capture the core challenges and to articulate much needed innovative policy solutions that would look beyond the now largely outdated, defunct model of PSB that was introduced in 2002.

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The Future of Public Service Broadcasting in Kosovo: Will a Hybrid Model of Funding Change RTK’s Status Quo?

The Future of Public Service Broadcasting in Kosovo: Will a Hybrid Model of Funding Change RTK’s Status Quo?

Author(s): Naser Miftari / Language(s): English

Keywords: Kosovo; media; public service broadcasting; future; hybrid model; RTK; finances;

Radio Television of Kosovo was established in 1999 through a comprehensive international assistance program. In the years following the handover from international management to local ownership its financial situation became increasingly vulnerable. In 2009, ten years after it went on air, the license fee, which was paid by all households in Kosovo and was the main source of funding for RTK, was suspended, and RTK turned to being fully dependent on state funding in subsequent years. The growing dependence on the state budget has also eroded its editorial independence and credibility. This policy brief analyses the proposed amendments to the existing RTK Law (2012) regarding the re-introduction of the license fee, the selection and term limits of the RTK Board and management appointments, as well as proposed methods to ensure that RTK has greater accountability. It explores the suitability of these proposals and their implications in regard to the prospects and future functioning of Kosovo’s public broadcaster.

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Albanian Radio and Television – Towards Public Service Media: Expanding to Online Multimedia and Remodelling Its Relationship with Audiences

Albanian Radio and Television – Towards Public Service Media: Expanding to Online Multimedia and Remodelling Its Relationship with Audiences

Author(s): Blerjana Bino / Language(s): English

Keywords: Albania; media; radio; television; public service broadcasting; online; multimedia; audiences; RTSH;

The transformation of RTSH (Albanian Radio and Television) from a state-owned media to a public service broadcaster (PSB) has been challenging for many reasons, such as the internal organization of RTSH and the current trends of media convergence and digitalization. It is naïve at best to assume that RTSH can be detached from politics in a country like Albania, with its high level of politicization and continued confrontation between political parties. It is also not realistic to expect journalists to adhere to the normative standards of journalistic professionalism in isolation from the conditions in which they work. For RTSH to fulfil its remit of serving the public interest and to survive in a fiercely competitive media market, its transformation into a public service media (PSM) is a viable option, but it calls for remodelling its relationship with audiences and embracing the opportunities offered by media convergence in the digital area. This will enable more transparency and accountability; quality of programming; extended audiences and an increase in the overall profile and performance of RTSH.

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Quality of The Response of Judiciary in BiH to Corruption: Preliminary Results

Kvalitet odgovora pravosuđa BiH na korupciju: preliminarni nalazi

Author(s): Not Specified Author / Language(s): Bosnian

Keywords: BiH; judiciary; quality; response to corruption; preliminary findings;

Uprkos značajnoj ulozi pravosuđa u borbi protiv korupcije, istraživanja i izvještaja koji se bave problematikom procesuiranja koruptivnih krivičnih djela u BiH nema mnogo. Otežavajuća okolnost u tom smislu je neujednačenost statističkih podataka o radu sudova i tužilaštava u ovoj oblasti, ali i nedosljedna primjena proaktivne transparentnosti tih institucija. Analiza pokazuje da kvalitet sudskih i tužilačkih akata u BiH, kao neizostavna komponenta efikasnosti pravosudnih institucija, nije na zadovoljavajućem nivou, barem kada je riječ o koruptivnim krivičnim djelima.

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Caring for Carers: an Analysis of Informal Care Policies in Bosnia and Herzegovina

Caring for Carers: an Analysis of Informal Care Policies in Bosnia and Herzegovina

Author(s): Amar Numanović,Aida Malkić / Language(s): English

Keywords: BiH; policy; informal care policies; carers;

Providers of informal care are not recognised in the long-term care system in Bosnia and Herzegovina (BiH). The existing measures in the area of long-term care are primarily aimed at persons in need of care, whereby the needs of informal care givers are almost completely neglected. The primary goal of this paper is to analyse the area of long-term care, focusing on informal care in BiH, and presenting international practices in this area which have been recognised and systemically regulated in most EU countries through various modes of providing support and services to informal care givers. Based on the identified examples of good practice in other countries, several recommendations for the systemic regulation of informal care in BiH have been formulated.

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Developing Proactive Transparency in Bosnia And Herzegovina: Key Success and Failure Factors

Developing Proactive Transparency in Bosnia And Herzegovina: Key Success and Failure Factors

Author(s): Nermina Voloder / Language(s): English

Keywords: BiH; transparency; civil service; successes; failures;

Proactive transparency is still a novel concept in the Bosnian-Herzegovinian civil service, and only a few institutions have started to implement it. Research shows that a substantial number of institutions do not publish even the basic information on management, structure, scope of authority, budget and programmes. Poor transparency results are contingent on numerous factors such as an outdated and fragmented legislative framework, underdeveloped administrative culture in the institutions, conservative interpretation of the regulations, and civil servants’ low level of knowledge of the basic principles of proactive transparency.

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Anti-Discrimination Measures Without Measurement: Collecting Data on Discrimination in BiH

Antidiskriminacijske mjere bez mjerenja: prikupljanje podataka o diskriminaciji u BiH

Author(s): Not Specified Author / Language(s): Bosnian

Keywords: BiH; discrimination; anti-discrimination measures; data collection;

Iako je Zakon o zabrani diskriminacije, kojim je uređena i oblast prikupljanja podataka o diskriminaciji u BiH, na snazi već sedam godina, funkcionalan sistem za prikupljanje ovih podataka još uvijek nije uspostavljen. Ključna zakonska obaveza uspostavljanja centralne baze podataka o diskriminaciji nije ispunjena, a mehanizmi za prikupljanje podataka u ovoj oblasti nikada nisu zaživjeli u praksi. Iako je Ministarstvo za ljudska prava i izbjeglice BiH poduzelo određene korake ka uspostavljanju sistema, zabrinjava činjenica da se cijeli proces odvija sporo, uz brojne manjkavosti i nedorečenosti.

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Active Labour Market Policies in Bosnia and Herzegovina: From Direct Employment to Strengthening the Employability of Jobseekers

Active Labour Market Policies in Bosnia and Herzegovina: From Direct Employment to Strengthening the Employability of Jobseekers

Author(s): Amar Numanović / Language(s): English

Keywords: BiH; direct employment; active labour market policies; jobseekers; employability;

Active labour market policies in Bosnia and Herzegovina are mostly orientated towards direct employment and attempts to manage the consequences of the present socioeconomic context, while the potentials of strategic, long-term strengthening of jobseekers’ competitiveness is being neglected. The main goal of this paper is to present international trends in activation policies, which have recently undergone a paradigm shift from employment to strengthening of employability, and to analyse the present state and institutional framework of active employment policies in BiH. Based on the identified shortcomings of the existing design of active measures, several recommendations are given to improve the field of employment policies by strengthening their active dimension and building a long-term approach to labour market improvements.

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Public Procurement Monitoring in Bosnia and Herzegovina: Main Actors, Opportunities and Constraints

Public Procurement Monitoring in Bosnia and Herzegovina: Main Actors, Opportunities and Constraints

Author(s): Tea Hadžiristić,Nermina Voloder / Language(s): English

Keywords: public procurement; monitoring; BiH; main actors; opportunities; constraints;

The economic and societal importance of public procurement, as well as the risk of corruption, make public procurement monitoring particularly important. However, the public procurement monitoring system in Bosnia and Herzegovina is only partially developed. Its functioning is hampered by limited access to relevant information, lack of resources of key public institutions that are tasked with monitoring functions – the Public Procurement Agency and the audit offices – and limited capacities of civil society organizations to undertake independent monitoring of the public procurement system.

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Internal Procedures of Protection from Discrimination

Interne procedure zaštite od diskriminacije

Author(s): Mario Reljanović / Language(s): Bosnian

Keywords: BiH; internal procedures; discrimination; protection; legislation;

Stupanjem na snagu izmjena i dopuna Zakona o zabrani diskriminacije, prvi put će se otvoriti mogućnost specifične interne zaštite u slučajevima diskriminisanja. Analiza je usmjerena na domašaje nove odredbe, kao i na razvijanje ideje o njenoj implementaciji. Svoje mjesto u analizi našli su i potencijalni problemi, odnosno nedorečenosti novog zakonodavstva koji bi mogli da stvore probleme u praksi i dovedu do neujednačene primjene.

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The Development of an E-Procurement System in Bosnia and Herzegovina

The Development of an E-Procurement System in Bosnia and Herzegovina

Author(s): Ivan Kutleša / Language(s): English

Keywords: BiH; public procurement; e-procurement system; development;

The establishment of a single portal for e-procurement (www.ejn.gov.ba) in late 2014 is a good basis for the development of an efficient e-procurement system in BiH. However, so far, approximately one half of the functional modules needed for a completed system of electronic public procurement have been implemented, and important formal-legal preconditions, primarily bylaws from the Law on Electronic Signature and the Law on Public Procurement, are missing. Those bylaws would enable electronic submission and bid evaluation. All of this indicates the electronic procurement system is still in an early developmental phase. That is why it is crucial that all elements of an electronic public procurement system are established as soon as possible, because they can significantly contribute to the improvement of transparency, efficiency and cost-effectiveness in public procurement in Bosnia and Herzegovina.

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Towards Greater Transparency of Public Procurement Contracts in Bosnia and Herzegovina

Towards Greater Transparency of Public Procurement Contracts in Bosnia and Herzegovina

Author(s): Stanka Pejaković / Language(s): English

Keywords: BiH; public procurement; contracts; transparency; legislation;

The question of publishing public procurement contracts in BiH is partly aligned with the requirements of the public procurement directives, but there are still some normative shortcomings, especially when it comes to completeness and functionality. This brief analyses the provisions of the Law on Public Procurement which regulate the publishing of public procurement contracts in BiH, and detects problems which undercut the principle of transparency. The main findings unambiguously indicate that thorough legislative reform is needed, and to that end the brief offers specific suggestions aimed at improving some of the legal solutions.

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Open Public Data in Bosnia and Herzegovina: From Idea to Realization

Otvoreni javni podaci u Bosni i Hercegovini: Od ideje od realizacije

Author(s): Nermina Voloder / Language(s): Bosnian

Keywords: BiH; public data; availability; transparency;

U Bosni i Hercegovini ne postoje politike kojima se regulira pitanje proaktivne transparentnosti i otvorenih podataka, kao ni pitanje njihove ponovne upotrebe u komercijalne i nekomercijalne svrhe. Nadležnosti za izradu politika, tehničku podršku inicijativama otvorenih podataka te za pravnu zaštitu u ovom domenu nisu jasno definirane. Također, nedostaju portali otvorenih podataka koji bi korisnicima olakšali pristup javnim podacima. Stoga, ovaj policy brief sadrži niz preporuka o tome kako unaprijediti politike i prakse u domenu otvaranja javnih podataka u BiH.

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Social Assistance System in BiH: The Neglected Potential of Active Social Policies

Social Assistance System in BiH: The Neglected Potential of Active Social Policies

Author(s): Amar Numanović / Language(s): English

Keywords: BiH; social system; potential of active social policy; labour market; EU trends;

The problem of insufficient coordination and integration of social policies with labor market policies, i.e. the insufficiently developed activation component of social measures, is what is largely neglected in present discussions on the disadvantages and the possible social protection system reforms in Bosnia and Herzegovina. Therefore, the goal of this paper is to present the existing European Union policies and trends in the field of social policies, remaining specifically focused on the dimension of the activation of these policies, and to analyze the existing state and institutional framework of BiH in this context. Several recommendations are given with the goal of advancing the existing social protection system in the direction of creating a basis for the realization of its inclusive functions and the implementation of active social policies.

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Right to Information in BiH: Towards Effective Institutional Design

Right to Information in BiH: Towards Effective Institutional Design

Author(s): Nermina Voloder / Language(s): English

Keywords: BiH; information; access rights; information laws; institutions;

Implementation of the access to information laws in BiH has been largely undermined due to weaknesses in the mechanisms intended to ensure compliance with the laws. Based on this policy analysis, two sets of recommendations for improving the enforcement and oversight of access to information have been formulated. One of the proposals points to improvements within the current institutional set-up, while the second set of recommendations refers to creating a new institutional oversight mechanism as a potentially transformative solution to these problems.

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Transparent Public Procurement in Bosnia and Herzegovina: New Solutions for an Old Problem

Transparent Public Procurement in Bosnia and Herzegovina: New Solutions for an Old Problem

Author(s): Nermina Voloder / Language(s): English

Keywords: BiH; public procurement; laws; solutions; problems; transparency;

Although the adoption of the Law on Public Procurement for Bosnia and Herzegovina in 2014 introduced a series of new provisions aimed at improving transparency in the public procurement process, there are still significant limitations in this domain that can have significant negative implications in practice. Among other things, the legal framework has not ensured adequate availability of information on planned public procurement, given that public procurement plans are not published on the public procurement portal. The published procurement plans do not include procedures for lower value contracts, and decisions on these contracts are not published. There is a manifest lack of provisions that would contribute to publishing the contracts signed between the public sector and the suppliers. In addition, there are no guidelines developed for the application of tender evaluation criteria, especially criteria for the economically most favourable tender. It is, therefore, crucial to improve legal regulations to remove the identified shortcomings and ensure a significantly higher level of transparency in public procurement in Bosnia and Herzegovina.

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Key Problems in Public Procurement in Bosnia and Herzegovina: Experiences of Private Companies

Key Problems in Public Procurement in Bosnia and Herzegovina: Experiences of Private Companies

Author(s): Nermina Voloder / Language(s): English

Keywords: BiH; public procurement; private companies; experiences; key problems; corruption;

A survey conducted by Analitika in 2014 showed that the business sector in Bosnia and Herzegovina (BiH) faces numerous obstacles when it comes to participation in public procurement procedures. The survey responses indicate that problems crop up in all phases of the process: during the development of tender documents, the collection and evaluation of tenders, and the implementation of the contract. The majority of respondents believe corruption is widespread in public procurement, and that political or personal connections are a prerequisite for being awarded public procurement contracts. Furthermore, there is a pervasive lack of trust among the business community in the public procurement system and in the likelihood of corruption and irresponsible public spending being sanctioned. The prevalent view is that companies are forced to participate in corruption in order to survive in the market.

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The Collective Anti-Discrimination Lawsuit in the System of Protection against Discrimination in BiH

Kolektivna tužba u sistemu zaštite od diskriminacije u BiH: ključni nedostaci pravnog okvira i prijedlozi rješenja

Author(s): Boris Topić / Language(s): Bosnian

Keywords: BiH; discrimination; legislation; court; lawsuit; protection;

Zakonom o zabrani diskriminacije BiH regulisan je i institut kolektivne tužbe za zaštitu od diskriminacije. Ovim institutom nevladinim organizacijama se daje mogućnost da pokrenu parnični postupak u slučaju diskriminacije većeg broja lica. Međutim, uprkos rasprostranjenosti pojava diskriminacije u BiH, ovaj oblik apstraktne antidiskriminacione zaštite nije naišao na odgovarajuću primjenu. Određena poboljšanja zakonske regulative u pogledu prirode i vrste zahtjeva iz kolektivne tužbe, fleksibilnijeg uređivanja aktivne legitimacije i subjektivnih granica presude mogu da doprinesu boljem razumijevanju ovog instituta, kao i proširivanju kruga potencijalnih podnosilaca tužbe, a time i do njegove šire upotrebe.

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