Press statement | 16.06.2021

The Government of Una-Sana Canton has not implemented the Law on Ministerial, Governmental and Other Appointments of the Federation of Bosnia and Herzegovina

The Institution of the Human Rights Ombudsman received a complaint from the complainant stating that the Government of Una-Sana Canton, contrary to the provisions of Article 12, Paragraph 3 of the Law on Ministerial Government and Other Appointments, on 04.03.2021 issued a decision not accepting the proposal of the Commission for Election and Appointment. election of a cantonal ombudsman. The Government of Una-Sana Canton, after the vote, does not accept the recommendation of the Ministry of Justice and Administration and makes a decision annulling the published public announcement for the election of the Cantonal Ombudsman and ordering the publication of a new public announcement.

The Ombudsmen of Bosnia and Herzegovina, after considering the complaint, indisputably establish that the complainant was assessed as the candidate who most successfully passed the open competition after the procedure in accordance with the Law on Ministerial, Governmental and Other Appointments of the Federation of Bosnia and Herzegovina. Although the Law on Ministerial, Governmental and Other Appointments prescribes the procedure of open election procedure by which the final appointment is made, which includes voting on the Commission's proposals, the responsible public official applies other regulations when voting. It is not disputed that the responsible public official has the right to free choice when voting, but any selective application of regulations calls into question the objectivity and impartiality, which is why the regulations governing the area of appointment were adopted. The Law on Ministerial, Governmental and Other Appointments does not restrict the freedom of choice in voting but obliges the responsible public official to have reasonable reasons (with evidence to support this) to believe that the principles and procedures established by this law have not been followed or that the appointment of any candidate proposed shortlisted lists led to a conflict of interest if the most successful candidate did not vote, which was not done.

After voting, the responsible public official makes a decision on annulment of the competition, and announcement of a new public competition, with exactly the same criteria and the same selection and appointment commission (except for one member).

Based on the established situation and most of the submitted evidence, the Human Rights Ombudsmen of Bosnia and Herzegovina are of the opinion that the Law on Ministerial, Governmental and Other Appointments of the Federation of Bosnia and Herzegovina was not applied during the vote on the recommendation to appoint a Cantonal Attorney in Bihać.

The Ombudsmen of Bosnia and Herzegovina make Recommendation P-128/21 to the Government of Una-Sana Canton to consider the recommendation for the appointment of a Cantonal Ombudsman in accordance with the provisions of Article 12, Paragraph 3 of the Law on Ministerial, Governmental and Other Appointments of the Federation of Bosnia and Herzegovina.

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