ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
In order to improve it, the Law on Free Access to Information of Bosnia and Herzegovina has been
amended several times. The most significant amendments to this law were related to prescribing
the obligation to issue a decision on a request for access to information, definition of punitive
provisions, and determination of the competence of an administrative inspectorate in cases of noncompliance with the provisions of the said Law.
The Law on Free Access to Information of the Federation of Bosnia and Herzegovina was amended
once, in the part relating to the obligation to make a decision on a request for access to information
and issue of a second instance body, which decides on an appeal against a decision.
The Law on Free Access to Information of Republika Srpska has not been amended so far.
4.1.2. Legislative amendment initiatives
In 2019, activities aimed at amending and/or adopting new legislation that should be fully aligned
with international standards were continued. In this context, the activities of the Joint Initiative of
the Organization for Economic Co-operation and Development (OECD) and the European Union
(SIGMA) - Support for Improvement in Governance and Management 20 took place with key
objective is to strengthen the foundations for improved public governance, and hence support
socio-economic development through building the capacities of the public sector, enhancing
horizontal governance and improving the design and implementation of public administration
reforms, including proper prioritization, sequencing and budgeting. 21
In January 2019, SIGMA published a document entitled „Improving the Legislative Framework
for Access to Public Information in Bosnia and Herzegovina“, which contains a comprehensive
analysis of legislation on access to public information in Bosnia and Herzegovina at the level of
Bosnia and Herzegovina, in the Federation of Bosnia and Herzegovina. Herzegovina, the
Republika Srpska and the Brčko District of BiH. The analysis focuses on the compliance of
relevant laws with international standards and best international practices in this area, after which
20
Public administration reform is defined as one of the three pillars of success on the road to EU membership in
addition to the rule of law and economic governance, which makes it one of the key conditions for membership in the
European Union for the period 2014-2016. In 2014, OECD/SIGMA developed the Principles of Public Administration
which form the basis for the work of the European Commission in the field of public administration reform. The
principles define what good governance entails in practice and set out the main requirements that countries should
follow during the EU accession process. Although general good governance criteria are universal, these Principles are
designed for countries that seek EU accession and receive EU assistance through the Instrument for Pre-accession
Assistance (IPA). The acquis requirements, as well as other EU guidelines and instructions, are the core of the
Principles in the areas where acquis is in place. In other areas, the Principles are derived from international standards
and requirements, as well as good practices in EU Member States and/or Organization for Economic Cooperation and
Development (OECD) countries. As a minimum benchmark of good administration, countries should ensure
compliance with these fundamental Principles. The purpose of the principle is, therefore, to assist EU accession
countries in identifying challenges and weaknesses in the functioning of public administration and planning the
necessary changes. Also based on the Principles, the European Commission will measure progress in countries. The
principles of public administration are common to BiH and six countries: Serbia, Macedonia, Albania, Kosovo,
Montenegro and Turkey. Although the principles are not binding, they are designed as guidelines for good governance
and meeting EU integration requirements. The principles relate to: the strategic framework for public administration
reform, policy making and coordination, civil service and human resources management, accountability, service
delivery and financial management in the public sector. The document contains 19 key requirements from which a
total of 48 principles emerge. Information available at http://rju.parco.gov.ba/sigma-principi/
21
Information available at: http://www.sigmaweb.org/about/
19
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