Press statement | 16.05.2022

Recommendation – comply with FBiH Act on Ministerial, Government and Other Appointments

On 24 January 2022, complainant M.D. of Glamoč approached the Institution of Human Rights Ombudsman of Bosnia and Herzegovina concerning the Act on Ministerial, Government and Other Appointments of the Federation of Bosnia and Herzegovina (FBiH OG, no 12/03, 34/03, 65/13) in the procedure for appointing members of the School Board of High School Tin Ujević Glamoč.

The complaint highlights that, mid January 2021, the Canton 10 Ministry of Science, Education, Culture and Sport announced a public competition for two members of the School Board of High School Tin Ujević Glamoč from the ranks of the founder in a non-transparent manner and that the competition was announced in one official gazette only. It also states that P.G. and B.B., as the only candidates that applied, were appointed to the positions following the procedure conducted. The complainant stated that P.G. was the President of the Municipal Board of the party HRS Glamoč at the time of the appointment, as he is today, and that his appointment was contrary to Article 5 of the FBiH Act on Ministerial, Government and Other Appointments. According to the complainant’s allegations, the other appointed candidate was appointed to another Managing Board, which, according to the complainant, is contrary to the concerned law as she cannot be appointed to two “regulated bodies”.

While conducting the investigation procedure and focusing on the allegations from the complaint, IHROBiH, acting pursuant to Article 16 paragraph 3 of the basic law and having analysed the documents provided and relevant regulations, found that the competition for the selection of two members of the School Board of High School Tin Ujević Glamoč from the ranks of the founder was announced by the line Ministry, which submitted the content of the competition to be published in The Official Gazette of the Federation of Bosnia and Herzegovina no 3/21 dated 15 January 2021 and in Večernji list dated 14 January 2021, and thus complied with Article 8 of the concerned law and consequently the principle of transparency. During the investigation procedure, it was found that the Commission for Selection of Members of the School Board of High School Tin Ujević Glamoč opened the applications and found there were three complete applications that were received timely. Having conducted the interviews, the final scoring was established and the ranking list was drafted, awarding the two candidates mentioned by the complainant seven points and the third candidate six points. The fact that IHROBiH found that the finally appointed candidate P.G.at the time the competition was announced was and still is the President of the said political party. IHROBiH states that, pursuant to Article 5 of the FBiH Act on Ministerial, Government and Other Appointments, any person who performs a function in a political party cannot be appointed. When rejecting the applications from such candidates, the civil servant in charge shall clearly state that the application is rejected because the person applying is a candidate and thus does not qualify.

As for the final appointment of B.B., it was found that the same person is appointed to the Managing Board of Healthcare Centre in Glamoč. However, the concerned law does not explicitly state that a candidate cannot be finally appointed if already appointed for a member of another regulated body.

Having analysed the allegations from the complaint, and pursuant to Article 16 of the FBiH Act on Ministerial, Government and Other Appointments and Article 32 of the Law on Human Rights Ombudsman of BiH, IHROBiH issued Recommendation P-69/22 to the line Ministry, instructing it to review the appointment procedure and conduct it in keeping with the principles provided for by the FBiH Act on Ministerial, Government and Other Appointments, as per the IHROBiH opinion, and to provide a response about the implementation of the issued recommendation to IHROBiH within 30 days.

The respondent party has not responded to the IHROBiH recommendation.

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