Interview Clingendael: 'EU-conditionaliteit werkt niet voor Bosnië'

Lejla Ibranovic is rule of law expert at Transparency International Bosnia and Herzegovina.

DEN HAAG (PDC) - Just like the other Balkan countries, Bosnia and Herzegovina aspires to join the EU someday. However, membership is a far away goal as long as the country is torn by internal political problems. Euforum talked with Lejla Ibranovic from Transparency International about the rule of law and corruption. We asked her what needs to be done to get out of the current impasse.

Bosnia and Herzegovina is a potential candidate for EU membership. How is the progress of Bosnia and Herzegovina towards EU membership regarded by the European Commission?

"The annual progress report presented in October this year was the worst Bosnia and Herzegovina ever received. The Commission stated that there was only limited progress in fulfilling the political criteria and in working towards a sustainable, functional state structure. Clearly, Bosnia and Herzegovina is severely struggling with EU conditionality in the accession process. Maybe it is time to revise the approach.

Bosnia and Herzegovina is now in the deepest political crisis since the signing of the Dayton Agreement in 1994. There is still no functioning state structure at the central level. And although there is a pro-European consensus among the political parties, becoming an EU member is not an overarching national priority. The EU reform agenda of the accession process is not anchored at the heart of the political leadership and as a result joining the EU is still far away for Bosnia and Herzegovina. First, the national government has to deal with the question of constitutional change, which is difficult enough considering the lack of a shared vision on the future of the country. If agreement is reached on some of the key issues hampering progress at this moment, Bosnia and Herzegovina may be able to take some important steps in the accession process."

What are the main problems in implementing rule of law reforms?

"One of the main problems in fulfilling the rule of law criteria the EU demands is the lack of political will and capacity. As a result there is a huge implementation gap in Bosnia and Herzegovina. The legal provisions on paper may come close to the EU standards, but in reality only little has been implemented.

The institutions responsible for implementing and executing the rule of law reforms are completely subordinated to political parties interests and are highly politicized. They lack the organizational and financial capacity and therefore play only a minimum role in closing the implementation gap. Moreover, the institutions change with every new government and there is a serious problem with political appointment. One example is the anti-corruption agency which remained unfunctional due to delays in the appointment of institution's leadership. This was only resolved when political parties agreed on the appointment of personnel."

What is Transparency International doing in the fight against corruption in Bosnia and Herzegovina?

"Corruption is an omni-present phenomena in Bosnia and Herzegovina. It is a systematic problem that affects all levels of society. The system allows and tolerates corruption without sanctioning. For Transparency International and other NGO's it is really hard to have an impact in a country where the political- and societal dialogue is dislocated in an informal, but very influential circle. Civil society organizations have provided the government with expert opinions and advice, but it depends on the political will of those in power whether they will take on those recommendations.

In 2009 Bosnia and Herzegovina booked some progress in the fight against corruption during the negotiations on the visa liberalization roadmap. One of the conditions to get visa free travel was to pass the national anti-corruption strategy and the government managed to meet that criteria. Since then, progress stalled."

Is it good that the EU puts pressure on Bosnia and Herzegovina to step up the fight against corruption and implement all other rule of law reforms?

"The EU is definitely asking a lot from a country that lacks efficient state structures. After 16 years of state building Bosnia is still at the beginning of democratization process. Of course the EU should insist on fulfilling the conditions, but they should be fair and tailor-made and take into account all the peculiarities of a country. So far, we have seen that EU conditionality has not worked in Bosnia at all. I think this is because the EU solutions cannot work at the moment given the  complex situation in Bosnia and Herzegovina. Yet, I repeat, insisting on reform is a good thing."