Fighting Corruption in Bosnia and Herzegovina: Searching for Leadership

Wednesday, September 10, 2014
Subject 
Prepared Remarks of USAID/BiH Mission Director David J. Barth on Corruption in BiH (09/10/14)
USAID/BiH Mission Director David Barth on corruption, other challenges faced by BiH citizens.
USAID/BiH Mission Director David Barth talks about corruption, other challenges faced by BiH citizens.
USAID/BiH

Good morning everyone. I see that most, if not all prosecutors from BiH Prosecutor’s Offices, have come to this conference. This is very encouraging since the topics you will discuss today are critical in reducing corruption, political patronage and crime; all three cited as the key problems facing the citizens.

I want to acknowledge and commend the presence of the new President of the HJPC, Mr. Tegeltija, along with Mr. Goran Salihovic, Chief Prosecutor of the BiH Prosecutor’s Office. Thank you both for attending this timely event. Timely, because BiH is a nation in grave danger and you, as Prosecutors, can play a significant role in helping to get this great country back on track. In fact, we look to you for leadership.

Now I could do the easy thing and just say wonderful things about all that we accomplished under this USAID-funded project. But that would make me feel like a hypocrite. I instead want to take a moment to speak about those things we did not accomplish together with this project – about how much more work we have to do together.

Over the weekend, I travelled to Maglaj and saw firsthand the devastation and talked to the citizens who had lost everything to the floods. My sadness was compounded by this weekend’s mining accident which claimed five lives. With more rains on the horizon and colder weather about to set in, I’m not optimistic about the situation of so many who have lost so much.

The reason I bring this up and why I feel so frustrated is that these losses of lives and property could have had the chance to be prevented.

Certainly natural disasters are a fact of life. It is incumbent upon us to prepare for them and respond to them. I am convinced that these two disasters were compounded by the decisions of individuals who ultimately care little for the welfare of the people they pretend to serve.

Loss of life and property could have been prevented by vigilant and brave prosecutors who should have felt empowered and compelled to lead and gone after corrupt officials that do not use public funds for public purposes.

In March of this year, an audit of the country’s disaster preparedness revealed all of the vulnerabilities that made a terrible flood into a humanitarian disaster. Buildings that slid off hillsides were built illegally. How were they authorized and allowed to stay? Every worker in BiH pays a tax to support a disaster relief fund.

According to a recent auditor’s report, in the Federation only 25% of these revenues were invested in flood protection.

Where did the rest of those millions go?

The latest Transparency International report records fewer corruption-related convictions last year since TI began collecting data for Bosnia and Herzegovina. Are fewer corrupt practices occurring? I doubt it. Reports in the media abound about the use of vital humanitarian aid to reward political supporters – who is investigating these claims? And since the flood, what steps have been taken to ensure that re-flooding won’t occur as the rain falls this autumn?

I understand that you all have difficult tasks as prosecutors – certainly nothing is simple as it seems, especially in BiH where corruption is rampant and politically connected. But public trust and confidence in the rule of law continue to be eroded because of the perception that malfeasance and corruption are unpunishable offenses. Make no mistake: The international community has had enough. The people of Bosnia and Herzegovina have had enough.

You will have the U.S. Government’s full support if you choose to pursue and bring charges against corrupt officials, who at this point, in my mind, have contributed to the deaths of Bosnian citizens through their willful disregard for public safety.

The project that has just ended has helped you to become more effective and professional leaders. It has given you the tools and equipment to be more efficient; to be more transparent and open to the public in order to regain public trust.

Here’s what it has not given you: the resolve and the initiative -- the backbone -- to go after the bad guys. I’m talking about those in power, the ones who pretend to represent the people of BiH, but instead use graft, bribery, and deception to line their own pockets and remain in power. Use what we have given you to lead the fight against corruption. We are behind you.

The United States has been and remains committed to providing assistance to prosecutors’ offices. However, our material help is not indefinite, and we need to see results of our investments. The international community has given you significant attention and tools to do the job. You, prosecutors, must be more courageous to uncover and prosecute corruption cases because that is what the people of Bosnia and Herzegovina, the people you serve, expect from you.

No one can be satisfied when the most corrupt are not only still on the street but some are ruling the country; when the cultural institutions are hostages of conflicted, lengthy and inefficient procedures; when certain individuals are above the law and are untouchable and who perpetrate crimes that are borne at the expense of ordinary people.

Where the rule of law is not firmly established, poverty, suffering, and marginalization are exacerbated. The poorest and most vulnerable need to be able to secure their rights, access legal protection, and participate in decision-making affecting their communities.

More can be done to ensure that they benefit from legal and justice practices which expand their opportunities and choices. I realize that prosecutors alone cannot do everything. The police and judges play critical roles as well. But Prosecutors lead.

This is not an easy task. There is a long road ahead of you. But rest assured, we will stand by and support any prosecutor dedicated to protecting the public interest with passion, intelligence and independence. I, and the people of BiH, look to you for leadership. Thank you.

Prepared remarks of USAID/BiH Mission Director David J. Barth on corruption in BiH. (Delivered on Sept. 10, 2014, at a conference of prosecutors of Bosnia and Herzegovina, the final conference of USAID's Justice Sector Development Project, at Hotel Sarajevo in Sarajevo, Bosnia and Herzegovina.
Issuing Country