A workshop to present a comprehensive review of the draft addenda and amendments to the Law on Political Party Financing as set forth by the Central Election Commission of Bosnia and Herzegovina was organized on 30-31 January 2024 in Tarčin near Sarajevo. The review includes an analysis of the regulations of political party and campaign finance in Bosnia and Herzegovina, identified weaknesses in the legal framework and current system of political finance regulation, and concrete proposals on how to align the existing political finance legislation with outstanding GRECO recommendations. The workshop was attended by members and staff of the Central Election Commission of Bosnia and Herzegovina, representatives of political parties, guests from the Montenegrin Anti-corruption Agency and Central Election Commission of Albania, and international organizations.
One of the topics discussed related to the valuation of in-kind donations, i.e., non-monetary donations, in political campaigns. The Council of Europe’s subject-matter expert highlighted international standards and best practices in this field, and a representative of the Central Election Commission of Albania shared their experiences, emphasizing that goods and services provided to political entities or candidates without payment, or at a reduced rate, constitute in-kind donations, which fall under the same regulations as monetary contributions. In Albania, the Central Election Commission has developed a comprehensive guide on valuing such donations. It was concluded that the Central Election Commission of Bosnia and Herzegovina could benefit from creating a similar guide or rulebook.
Another topic concerned the misuse/abuse of public funds. A representative of the Montenegrin Anti-corruption Agency highlighted that relevant legislation prohibits employment in various government bodies during the election period, with some exceptions, and mandates public disclosure of all contracts related to employment during this time on the Agency for the Prevention of Corruption's website. Moreover, one of the most efficient ways for control and supervision over the misuse of public resources is the digitalization of the control process and the close institutional cooperation. As an example, the Agency for the Prevention of Corruption of Montenegro has access to all databases of state institutions, which greatly facilitates supervision of the application of laws. Regarding the legislation in Bosnia and Herzegovina, it was noted by the Council of Europe’s expert that specific and clear provisions dealing with and prohibiting the abuse of public resources should be introduced into the legislation. The Central Election Commission of Bosnia and Herzegovina should consider using its regulatory powers to issue legal guidelines on the abuse of administrative resources.
Other topics discussed included the issue of advertising on social networks, which represents a "grey zone" of political promotion, and the possibility of removing the prohibition on obtaining loans from banks as one of the expert’s proposals for increasing transparency in political party financing in Bosnia and Herzegovina, with recommendations to establish clear guidelines and empower supervisory bodies to oversee loan procedures.
This initiative is a part of the Council of Europe's three-year project to combat corruption, money laundering, and terrorist financing in Bosnia and Herzegovina. The project aims to enhance legal and institutional frameworks, focusing on transparency in party funding, supervision, sanctioning, prevention of money laundering and terrorist financing, and the enforcement of measures like the confiscation of illicit assets.