№04 How to pull out of bosnia-herzegovina’s dead-end: A Strategy for Success.

Author(s): Kurt Bassuener / Language(s): English

The international community’s 13+ year effort in Bosnia and Herzegovina is failing. A continuation of the current trajectory will ultimately result in renewed conflict. Bosnian citizens now harbour greater fear of conflict than at any point since Dayton. Both the EU and the US have a lot to lose. Growing international frustration is evident in wishful thinking and desperation. While the EU has reduced its peace implementation force (EUFOR) to mere symbolic levels, the international community desperately embraces vague three-party agreements among nationalist leaders. Many hope that a transition from the Office of the High Representative (OHR) to a “reinforced” EU Special Representative (EUSR) will “restore momentum” to Bosnia’s European perspective. State-building and reform processes in Bosnia and Herzegovina ground to a halt in 2006 and have since slid backwards. Republika Srpska (RS) Premier Milorad Dodik and Bosniak member of the State Presidency Haris Silajdžić helped drive this downward spiral. Yet while their actions and rhetoric generated angst and insecurity, they are the logical products of deeper structural problems. The Dayton constitution makes leveraging fear politically profitable and politicians unaccountable. Bosnian politicians pursue their self-aggrandizing, maximalist goals at the expense of the general welfare.Thanks to the absence of credible options, most citizens feel unrepresented in government. This must be remedied for the country to work. The international community can reverse out of this dead-end only if the EU and US act in concert to prevent further generation of the fear and insecurity that fuels politics in Dayton Bosnia and Herzegovina. They must then pursue constitutional reforms with broad popular legitimacy, creating incentives for responsive government. Otherwise, the country cannot even begin to meet EU standards. High-level US re-engagement is also essential to arresting Bosnia’s downward slide. In any event, the international community’s oversight role is far from over. Acceptance of this need for long-term engagement is required.

HELSINŠKE SVESKE №13: Prošlost kao izazov pravu

Author(s): Vladimir V. Vodinelić / Language(s): Serbian

Societies in whose present time the authoritarian past is still a socially relevant thing may be placed in two opposing manners in front of this morally, politically and legally compromising past: there is a distinct difference between the policy of coping with the past and the policy of non coping with the past. In German, the only language with a specific expression for the complex phenomenon of the former, for ‘cope with’ the past (Vergangenheitsbewältigung), one can also use the synonym Vergangenheitsaufarbeitung. However, ‘to cope with’ is a bet-ter expression. The expression, as well as ‘to prevail over’ the past and ‘to get control over’ the past – indicates more clearly that at issue is a process by which the past is dealt with: to im- pose over, to get control over the past that imposed over us, and it would impose over us again, if we do not impose over it. The extreme patterns of the reactions to the authoritarian past by which it cannot be prevailed are on one side retaliation and pure vendetta and on the other side the 'as-if-nothing-has-happened' pattern: closing your eyes before the authoritarian past. By neither method, it must be emphasized, can the past be prevailed over. Retaliation is an authoritarian fight with the authoritarian past, but not the prevailing over it. Fire cannot be fought with fire here. The authoritarian fight with the past, even if it was authoritarian, is just a repetition, but with the opposite roles.

Procedure javnih nabavki u Ministarstvu odbrane Bosne i Hercegovine

Author(s): Samir Mušović / Language(s): Bosnian

At the end of November 2018, the official confirmation of the BiH Ministry of Defense appeared in local media was related to the problematic delivery of the canned meat for the Ministry. It was officially confirmed that the inadequate deliveries were already terminated since content of the tested meat-cans confirmed presence of the pork meat in a cans that were marked as the beef meat product in accordance with the manufacturer's declaration. Delivery of the meat cans was forgotten soon, but unfortunately, this case confirmed again a continuity of the multi-annual trend of the questionable public procurement for the BiH Ministry of Defense. Public audit reports confirmed in a 14 years long continuity of the shortcomings related to the procurement procedures performed by the BiH Ministry of Defense. This trend is clearly visible in the attached table (Annex 1) consisted of audit findings related to the public procurement procedures, audit recommendations, and issued auditor’s opinions copied from public audit reports for the BiH Ministry of Defense from 2004. to 2017. Despite to the intensive parliamentary oversight of the BiH Defense Ministry and the BiH Armed Forces performed by the three Committees of the Parliamentary Assembly of Bosnia and Herzegovina (the "Joint Committee for Defense and Security of BiH", and two "Finance and Budget Committees" from both Houses of the Parliamentary Assembly of Bosnia and Herzegovina), Ministry was not able to overcome shortcomings of its public procurement procedures. Even more, the BiH Ministry of Defense from 2004 to 2017 did not received even single positive auditor’s opinion on the annual financial statements and financial operations. For all these years, annual financial statements and financial operations were rated with the “reserved auditor’s opinions” (conditional opinion) except for 2011, when the Ministry received a "negative auditor’s opinion" (negative qualification). In accordance to the new practice, the BiH Supreme Audit Institution published several years back a separate audit report on the “Major annual audit findings and recommendations”27 that covers the most frequent audit findings and the systemic deficiencies as well. It would be very useful for the Ministry to undertake comprehensive analysis of the Chapter “Financial Audit” (3.2.), at least for the three years back, in order to create appropriate comparisons with the audit findings that were addressing deficiencies of the procurement procedures presented here in “Annex 1” (attachment). Moreover, it will be necessary to organize the highest level of internal consideration of the audit recommendations for improvement of the procurement procedures published in annual financial audit reports for the BiH Ministry of Defense. In addition to the internal consideration of the recently received audit recommendations, it will be very important to discuss and to apply the following measures in order to reduce the risks of repetition of the already reported procurement problems of the Ministry of Defense: a) To enable wider participation to the training sessions on the implementation of the “BiH Public Procurement Law” of the majority of staff and the key personnel of the BiH Ministry of Defense, especially for those employees that confirmed their interest in participating to the procurement procedural activities (constant training should reduce risk that procedural mistakes will be repeated due to the incompetence); b) To adopt internal Decision by which any staff member/manager who participated to the procurement procedure that was subject of any chapter of the last audit report (starting from the 2018 budget year) will be banned to participate in any procurement procedure for the period of next three to five years; c) To establish procedure by which any staff member/manager who is going to participate to any procurement teams or to any procurement procedural step, will receive the “engagement decision" that will precisely define his/her work assignments, responsibilities and sanctions for failures and/or for breaches of the legal and procedural obligations. These “engagement decisions" could be standardized in a form of several textual definitions given in the “engagement decision” for the leading member of a working group", for the "working group member" etc., in order to simplify preparations and the execution of the given tasks; d) In cooperation the “Internal Audit Unit”, all public procurement procedures could be segmented by stages and it is possible to define pre-conditions or requirements for the each following stage of the each legally defined procurement procedure. In addition, it is possible to establish internal obligation (the mandatory one) that each procurement stage should be performed in consultation with the internal auditor and/or procurement stages should be certified (approved) by internal auditor (please consider option to learn more about the stage-certification practice active in internal audits of Spain); e) To establish obligatory practice of documenting of each procurement procedure in order to enable follow-ups, to prevent the repetition of the same mistakes, to trace individual responsibilities and to avoid "collective responsibility"; f) To establish prevention measures against of the corruptive misuses of assignments in procurement or misuse of public resources, as well as to establish system of internal sanctions for those individuals or members of the procurement teams who will breach regulations or will try to avoid obligatory steps/procedures; g) In a case that the BiH Ministry of Defense will not succeed to overcome inherited public procurement problems, or will continue with the low level implementation of the audit recommendations related to the public procurement, it will be useful to consider and to initiate adoption of the new legal solutions that will enable “outsourcing” procurement service solution for the BiH Ministry of Defense and for other institutions that were not able to overcome their deficiencies in their procurement for many years back (please consider learn more about the Swedish solutions applied for the public procurement performed by the outsourcing service providers/agencies).

Implementacija rezultata Općih izbora 2018. godine u odnosu na izaslanike Doma naroda Parlamenta FBiH

Author(s): Petar Mrkonjić / Language(s): Croatian

The political process of implementing the decision of the Constitutional Court of BiH in the U23/14 case pointed to several critical points in the electoral legislation as well as in the constitutional system as a whole. First, it turned out that there are not clear enough rules on the jurisdiction of the state and the entities to regulate the election process of House of Peoples in FBiH. Consequently, there are simultaneous initiatives to change electoral legislation at the state and entity levels, which undoubtedly leads to a conflict of competencies. Secondly, there is a clear inconsistency between the Constitution of the FBiH, the Election Law of BiH and the Constitution of BiH, so it is very uncertain how the envoys of the FBiH House of Peoples can be elected without breaking a constitution or law at the same time. And third, it turns out that domestic political actors are doing homogenization of the electorate, while they simply leave the High Representative to BiH to solve this legal and political problem. In its persistent refusal to execute and enforce the decisions of the highest court instances, Bosnia and Herzegovina has gone from the point of disregarding fundamental human rights to the danger that it will no longer be a functional state. With careful analysis of the decision of the Constitutional Court of BiH in the case of U-23/14 and the whole spectrum of its implications, it comes to the conclusion that this decision can not be properly implemented by merely modifying the Election Law of BiH. Proper implementation would mean changes to the constitutional structure at the level of FBiH and BiH through the harmonization of these acts and electoral legislation, through a clear delineation in the competencies of certain levels of government and the adaptation of constitutional and legal texts presented by the Constitutional Court's understandings and interpretations. Any changes to the constitutional structure in BiH carry the need for a comprehensive revision of the constitutional structure of all levels of government, including the implementation of other verdicts and decisions such as the Sejdić and Finci cases, Zornić, Pilav and the City of Mostar. Decision U-23/14 could therefore be a catalyst for constitutional changes, as constitutional changes are "necessarily evil" for this decision to be implemented and the state to continue to function. However, it is very certain that the problem will be solved by imposing a High Representative's decision that would become a permanent interim solution and where there would be no comprehensive review of the constitutional structure in BiH and the possibility of constitutional changes.

Macedonian Diplomatic Bulletin 2007/04

Author(s): Author Not Specified / Language(s): English,French,German

Conceptualizing decentralization trends in Macedonia

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

As of writing this brief, Macedonia is in the wake of the first anniversary of the start of decentralization process. More than a year has passed since 1 July 2005 when it was marked the beginning of a very complex and major reform process the country has experienced since its independence. The importance of the first anniversary of the decentralization process comes at the critical era when the country is on the eve of starting with the second phase of the decentralization process when new fiscal and budgetary resources will be transferred from central government to the responsibilities of local self-government units. Also, it is the period when country is closely monitored by the EU institutions for its ability in being able to start with the accession talks.

Evaluation of Public Administration Reforms in Macedonia

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

Public Administration Reforms (PAR) is a very popular topic of discussion among the politicians and political analysts, the ordinary people as well as the academic (research) community in South Eastern Europe (SEE). Politicians talk about (advertise) PAR in their electoral campaigns, international (external) political actors donate funds, evaluate the progress with PAR and publish relevant reports, academics analyze the effects and advocate further efforts, while the media keep the issue in the spotlight. PAR has become the latest buzz-word in SEE politics, superseding earlier such concepts like market-reforms, human and minority rights, etc. If anything, public administration reforms are not an area suffering from lack of attention.

EU Approximation in Macedonia: Progress in Science and Research and Information Society

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

The purpose of this report is to critically examine and evaluate the progress Macedonia makes in EU approximation. Considering EU approximation is a rather extensive process, this report is focused on two related areas of approximation: Science and Research (S&R) and Information Society (IS), two of the acquis chapters. Bearing in mind the double reason for approximation in research and information society, this report investigates the progress Macedonia achieved in adopting and approximating its policies and legislation to EU standards in these areas. To this end, this report maps the progress achieved with adopting the Acquis and implementing European Commission recommendations in areas Science & Research and Information Society. Building on the research conducted, the report investigates the level and pace of approximation efforts of the Macedonian government, identifies some problematic areas and suggests some improvements, without claiming to offer an action plan or strategy for better EU approximation in the two chosen areas. The findings are based on analysis of Macedonian legislation, reports and analyses of the EU as well as elite interviews with members of relevant government institutions in Macedonia in the period between June and August 2007.

“Has regional cooperation led to the establishment of Balkania: Europe’s Southeastern Dimension?”

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

During the last decade there were many regional initiatives such as the Stability Pact and the Southeast European Cooperation Process aiming to establish strong linkage among countries in the Western Balkans, which in turn will bring lasting peace and stability to the region.. But we can hardly state that these regional arrangements have managed to build up strong “regional identity” which is a prerequisite for a sound regional cooperation as seen in other European regions, such as Scandinavia. Mainly, regional initiatives have focused on instant problem solving, rather than on launching a new long life quality for the region as a whole in economic and political sense. Thus, the regional cooperation phenomenon insofar has not produced any substantial results and sounds more like a good intention.

Human Resources Management and Practices in Macedonian Civil Service

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

The following pages offer a brief evaluation of human resources management practices in the Macedonian civil service. Based on series of interviews with Human Resources experts, from academia and the administration, we outline the advantages and disadvantages of the current human resources system in the public administration. We then proceed with a summary of the assessment of human resources practices as implemented in some of the Macedonian public institutions, to sum up with several recommendations about how to improve the work and results of human resources units in the civil service in Macedonia.

Employment: Progress with EU Approximation in Macedonia

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

This report focuses on two aspects of EU approximation in the area of employment: the first section identifies the key reasons behind the problems encountered with approximation to EU standards in this field, while the following section looks into potential measures and policy solutions that can be undertaken in order to achieve greater progress with EU approximation. The ultimate aim is to get a sense of progress achieved in the area as a case for evaluating the country’s achievements in EU approximation. Considering recent debates about Macedonian progress towards EU integration acquired an emotional overtone as the ‘name dispute’ with Greece became more heated since the beginning of this year. In this light, this is also an effort to bring the debate back to rational and pragmatic terms and assess the effects that government measures have on the lives of ordinary citizens.

Social Policy in Macedonia: Progress with EU Approximation

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

Social issues are closely linked to economic performance and governance quality in one society. And while in transition countries social problems rarely receive the attention that economic ones do, the European Union through the Lisbon Agenda clearly linked economic growth with social issues. Social dialogue, social inclusion and several other concepts which entered the vocabulary of policy-makers are product of EU developments in social policy. Macedonian aspirations to join the EU place an obligation to follow EU trends in social policy, social policy is part of negotiating Chapter 19, and adjust to EU legislative and operational standards in this area. EU requirements are good ‘excuse’ to look into the social sphere of Macedonian society, on which two decades of political and economic transition left deep marks. This brief looks and evaluates the current status quo in Macedonian social sphere and notes the progress that Macedonia made in reforming its social policy according to EU standards. Noting the recent outburst of media stories about socially disadvantaged and vulnerable groups suffering exclusion and crime, this is also an effort to incite public debate on the state of social policy in Macedonia and encourage further efforts for improving the social services to citizens.

Four Years from the Candidacy Status: what has been done and what can be expected?

Author(s): Sonja Risteska / Language(s): English

Much has been said and done in the past four years since Macedonia became a candidate country for the EU. As the date for publishing this year’s EC Report approaches, the questions of whether this year will be ‘the’ year for getting the much aspired date for starting the negotiations for full membership occupy public discussions. To find a quick answer to these questions seems a rather difficult task. Problems stem not just from domestic concerns, as complex and challenging they are, but also from the confusion over Europe’s future within Europe’s capitals and in Brussels. The path that Macedonia has to walk to get to the much wanted ‘destination’ – Brussels, is particularly difficult and full with bumps. From domestic issues and set benchmarks through disputes with its neighbors, Macedonia also has to find a way to ‘win’ Europe in spite of the global economic crisis and the unfinished ratification of the Lisbon Treaty. It seems as mission impossible when combined altogether, albeit it could be accomplished.

Macedonia’s Lagging Behind in Efficient Usage of EU Funds (IPA, Framework Programmes) – Analytica’s Analysis

Author(s): Sonja Risteska / Language(s): English

The progress regarding to Chapter 22 from the acquis communautaire which is connected to the regional policy and coordination of structural instruments, is crucial for the EU candidate and potential candidate countries in becoming proficient in European affairs. Different types of funds are provided by the EU for decades now to help regions that are lagging behind in their modernization and development. In order to take a full advantage of the benefits that IPA and later on the Structural Funds provide, the countries will have to keep on with the reforms and create an effective and properly functioning institutional and legislative system as well as an appropriate administrative capacity that will be able to successfully manage these funds. Apart from the IPA and the Structural Funds there are also other EU Funding Opportunities as the Framework Programmes for Research and Innovation, open for research organizations and SME’s from all over the world. EU’s main idea behind this is that “in an open global economy, competitiveness lies in the capacity of businesses to create high value-added goods and services. A move towards innovation-based sustainable growth is therefore at the heart of the EU's response to globalisation.”

How Far is Macedonia in Fulfilling the Requirements Under the Energy Chapter of the Acquis?

Author(s): Sonja Risteska,Nataša Hroneska / Language(s): English

Macedonia’s progress under Chapter 15 of the EU Acquis - Energy has been somewhat inconsistent over the past few years. The reforms of the energy sector are high on the Macedonian government’s agenda although their implementation started only in 2005/2006, in particular with the entering into force of the Energy Community Treaty for Southeast Europe (ECTSEE) in 2005. According to the ECTSEE’s rules member countries have to align their legislation in energy with the EU’s regulations. Therefore the reform process that started in Macedonia in 2005 has been partly successful, but it is ongoing process will most likely accelerate in the following years. The possibilities of having sustainable energy production from other alternative energy sources, such as hydro, wind, biomass or solar energy, which have a high potential for exploitation and energy production, are still there, ready to be explored. This report will investigate the positive developments and setbacks of the reforms in the energy sector in Macedonia since 2005. It will serve as a guide into what has been done so far, in which areas progress has been slower or reversed, which areas have great potential for development and what lies ahead in the development of the country’s energy market.

Implementing Energy Efficiency and Renewable Energy Measures – are Southeast European Countries on track? Barriers, Positive Examples, Proposed Measures and Policies

Author(s): Sonja Risteska,Nataša Hroneska / Language(s): English

Energy efficiency (EE) is a vital part of every country’s energy policy. All countries strive to establish an energy system that will enable balanced development of environmental protection, the competitiveness of the market and the security of energy supply. But the uncertain global energy market and the poor use of indigenous energy resources make it difficult to build a sustainable energy system in Macedonia. Remaining highly dependent on energy, without proper implementation of energy efficiency, the overall success of energy development is at stake. Macedonia as a country member of the Energy Community and a candidate for EU membership needs to keep up the pace with the other countries of South Eastern Europe when it comes to reforms of the energy sector. However, implementation of reforms is one of the main problems in Macedonia. According to a study conducted by Analytica in February, Macedonia is seriously lagging behind in the implementation of reforms in the energy sector, including the implementation of energy efficiency measures at the national and local levels.

Greening the Energy Sector-Does Macedonia Need Nuclear Energy?

Author(s): Sonja Risteska / Language(s): English

The construction of viable energy options for the next decades is at the centre of significant period in the national discussions in Macedonia. This was triggered in part by the adoption of the Energy Strategy for the period of 2008-2020 with a vision up until 2030. One of the options mentioned is nuclear energy and the possibility of building a nuclear power plant in the country. This option deserves to be adequately and properly analyzed and researched in the following years, as do other alternatives, RES, gas, coal. However, unlike the other energy options, nuclear energy causes lot of stir in the public and expert circles. Whether it is potentially hazardous or is a great investment option is still a big issue that necessitates closer inspection. This brief therefore tries to look at both sides of the discussion while also recommending several future steps regarding the exploration of nuclear energy in Macedonia to the relevant stakeholders. The brief represents a starting point in what should follow a comprehensive research on the benefits and risks that the nuclear option has, not only for Macedonia but for the wider region in general. The research methodology is qualitative, using primary sources, such as interviews and legal documents, as well as secondary sources, such as analysis of documents of the contemporary energy discourse.

Prisons in Serbia (April 2003 – April 2004)

Author(s): Marija Jelić,Igor Kuzmanović,Nataša Novaković,Marijana Obradović / Language(s): English

This publication is the output of the Helsinki Committee for Human Rights in Serbia’s activity over the first year of the project “Prevention of Torture: Support to the Rehabilitation of Victims of Torture” that is being implemented thanks to the assistance of the European Commission – European Initiative for Democracy and Human Rights. Apart from the Serbian Helsinki Committee, this three-year project involves Bulgarian, Hungarian, Macedonian, Polish and Russian Helsinki committees, as well as the International Helsinki Federation. At regional level, the project aims at preventing torture, inhuman or degrading treatment or punishment in detention facilities (police stations, prisons, psychiatric institutions, etc.), encouraging nongovernmental organizations to visit these institutions and exerting pressure on national governments to enable such monitoring by non-governmental organizations. [...]

Prisons in Serbia (April 2004 – April 2005)

Author(s): Marijana Obradović,Nataša Novaković,Gordana Lukić-Samardžija,Igor Kuzmanović,Marija Jelić / Language(s): English

This publication is the output of the Helsinki Committee for Human Rights in Serbia’s activity over the second year of the implementation of the project "Prevention of Torture: Support to the Rehabilitation of Victims of Torture" that is realized thanks to the assistance of the European Commission – European Initiative for Democracy and Human Rights. Apart from the Helsinki Committee for Human Rights in Serbia, this three-year project includes Bulgarian, Hungarian, Macedonian, Polish and Russian Helsinki committees, as well as the International Helsinki Federation. At regional level, the project aims at preventing torture, inhuman or degrading treatment or punishment in detention facilities (police stations, prisons, psychiatric institutions, etc.), encouraging non-governmental organizations to regularly visit these institutions and exerting pressure on national governments to make it possible for the non-governmental sector to conduct such monitoring. [...]

Bulgarian Organised Crime Threat Assessment 2020

Author(s): Atanas Rusev,Tihomir Bezlov,Mois Faion,Mariyan Sabev,Stefan Ralchev / Language(s): English

The 2020 Bulgarian Organised Crime Threat Assessment is the third in a series of studies which, on an annual basis, canvasses the state, volume and structure of the major criminal markets. The report also captures the trends related to organised crime over the period 2017–2019.