Keywords: Germany's politics of memory; German patriotism
Important changes have occurred in recent years in the attitude of a majority of the German elite towards the history of the 20th century and the political identity built on collective memory. Until recently, the sense of guilt for the crimes of the Third Reich and the obligation to remember were prevalent.While these two elements of Germany's memory of World War II are still important, currently the focus increasingly shifts to the German resistance against Nazism and the fate of the Germans who suffered in the war. Positive references to Germany's post-war history also occupy more and more space in the German memory. In 2009, i.e. the year of the 60th anniversary of the Federal Republic of Germany and the 20th anniversary of the fall of Communism, the efforts of German public institutions concentrate on promoting a new canon of history built around the successful democratisation and Germany's post-war economic success. The purpose behind these measures is to build a common historical memory that could be shared by the eastern and western parts of Germany and appeal to Germany's immigrants, who account for a growing proportion of the society.
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Keywords: Russia; Asia
Under Vladimir Putin's rule, Russia consistently and systematically expanded its activity in Asia, establishing closer political contacts with key countries in the region, rebuilding relations with former allies from Soviet times, and strengthening its presence in the Asian markets, in the energy sphere also. These activities were accompanied by intensive Russian propaganda, the message of which was that relations with the West can be restricted in favour of developing closer relations with Asian states.A justified question concerning the Russian Federation's realistic possibilities arises in this context: To what extent can it make Asia an alternative to theWest in geopolitical, economic and energy terms? Can Russia build an anti-Western alliance with Asian states? Is it able to reduce its dependence on the European market by developing its trade with Asia? Is it possible to redirect a substantial portion of Russian energy resource exports onto Asian markets? A presentation of the existing ties between Russia and theWest (here considered as the USA and the EU) will serve as a starting point for answering these questions. The following chapters will analyse Russia's opportunities in Asia in terms of geopolitical issues, the economy and energy
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Keywords: Governance in Bosnia and Hercegovina; Bosnian constitution; Bosnian Democracy;
In the summer of 2002, the United Kingdom’s Department for International Development (DFID) approached the European Stability Initiative to conduct a Governance Assessment of Bosnia and Herzegovina. The Governance Assessment was designed to study the evolution of government in Bosnia, and to “assess more fully the constraints on positive decision-making” across all levels of government in Bosnia. Its goal was to promote an open debate within Bosnian society on what constitutes good governance, in order to build up democratic pressures in favour of change.During the second half of 2002, using a team of Bosnian researchers, ESI carried out investigations across Bosnia and Herzegovina on the social and economic challenges facing the country, and how Bosnian governments are responding to them. The empirical research was concluded in October 2003, and the conclusions presented to a range of different audiences during 2003 and the first half of 2004, in Bosnia and Herzegovina and outside. This paper now presents this analytical work to a wider audience. Additional background material on the governance assessment is also available on the ESI website (www.esiweb.org). The views expressed in this report are those of ESI, and do not express the opinion of either DFID or the government of the United Kingdom.
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This compendium was created by the consortium members of the CEE Prevent Net initiative. Its development is the result of a robust exchange of good practice methods among various organizations and civil society actors in the areas of youth work and (non-formal) education aimed at preventing intolerance, discrimination, and right-wing populism and extremism in the region of Central and Eastern Europe. Initially, this volume was supposed to present 10 good practices for working with young people directly; however, the CEE Prevent Net network decided to expand this initial enterprise gratuitously. This additional section provides youth workers, educators, and other civic actors with recommendations and advocacy strategies for youth work that fosters tolerance, facilitates dialogue, and prevents discrimination and far right ideologies.
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Keywords: EULEX; EULEX shortcomings; Corruption; Organized Crime; Kosovo State of Law;
This report evaluates and identifies possible paths and areas for improvement for rule of law and judicial development under the EU’s planned flagship initiative and corresponding support mechanisms. The analysis and recommendations are based on an assessment of the current state of the rule of law and judicial institutions and of the progress and pitfalls of EULEX. As it prepares to fully dismantle, domestic institutions must prepare to take the driver’s seat, while collaborating early on with the EU to determine the implementation plan for new initiatives.
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Keywords: remittance; Kosovo Economy; migrant worker;
Published in July, 2012 by the Prishtina-Office of UNDP // UNDP’s Kosovo Remittance Study (KRS) 2010 provided an initial insight on the flow, use, and effects of remittances in Kosovo, especially on expenditure patterns, reservation wages, and access to education and healthcare. The survey was repeated during the peak period of Diaspora visits to Kosovo, in July-August 2011, in order to conduct a more in-depth analysis of remittances’ impact on the welfare of recipients as well as identify their savings and investment potential. The survey interviewed 8,000 households residing in Kosovo and 656 of their members and relatives (and their households) living abroad.
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Keywords: Local councils; national minorities; Romanian electoral legislation; 2004 and 2008 local elections; "small" minorities;
The paper assesses Romanian legislation regarding the representation of national minorities (except the Hungarians) in local councils. Most minorities are still seriously underrepresented in the local decisional fora, despite the existence of a special provision in the electoral law of 2004, that grants some sort of affirmative action for minority organizations. In order to evaluate the utility of this special provision, I re-analyzed the results of the last two local elections, comparing the actual results of the minority organizations to the hypothetical results they would have obtained in the absence of the special rule, that is, if they had been treated alike to the mainstream political parties. This allowed the identification of those cases when the minorities indeed benefited from the affirmative action provided by the law. Unfortunately, the scope of applicability of the special rule proved to be very limited, the minority organizations would have obtained most of their seats also without the application of the special provision. Moreover, the provision may have even adverse effects, as it may prevent some organizations from obtaining seats even if they obtained a number of votes that would have been sufficient for getting represented if they had been treated alike to the political parties. This is due to the logic behind the special provision, which advantages a single minority organization, often to the expense of the others. The net gain of seats due to the regulation is so small that one can conclude that there is no point for retaining the regulation in its present shape. The minorities have realized this too, and they initiated a bill in order to replace the current system with something very similar to the regulations in force at the level of the Chamber of Deputies. The paper briefly assesses this proposal too, however, the conclusions are not very optimistic in this regard either.
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Keywords: Health-care services; Romanian Roma; Discrimination; Health status; Public health care;
The paper investigates the barriers in the access to health-care services embedded in the configuration of welfare rights and the insurance-based health care system, comparing the situation of Romanians, Hungarians and Roma in the North-West Development Region of Romania. It argues that the inconsistencies of welfare regulations allow the perpetuation of the structural disadvantage of the Roma, despite of the government's declared commitment to fight Roma discrimination and promote social inclusion, as stated in the national strategies of 2002 and 2006, and reaffirmed through the participation in the Decade of Roma Inclusion 2005-2015.
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FORMATION OF CONCEPTUAL FUNDAMENTALS OF THE STATE POLICY TOWARDS THE CHURCH AND RELIGIOUS ORGANISATIONS IN UKRAINE AS AN IMPERATIVE OF THE TIME // CONCEPT OF RELATIONS BETWEEN CHURCH AND STATE IN UKRAINE (DRAFT) // THE ROLE OF THE CHURCH IN THE FORMATION OF CIVIC RESPONSIBILITY: UKRAINE, YEAR 2004 // PUBLIC OPINION ON RELIGION AND THE CHURCH IN UKRAINE // TRUST IN THE CHURCH: THE LEVEL AND CONTENT // SOCIAL SERVICE OF THE CHURCH: IS THERE PUBLIC DEMAND? // RELIGION, THE CHURCH AND EDUCATION // RELIGIOUS SELFIDENTIFICATION OF CITIZENS // RELIGIOUS TOLERANCE AND STATE OF THE RIGHT TO THE FREEDOM OF CONSCIENCE // OTHER PROBLEMS
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Keywords: Montenegro; media; public service broadcasting; future; finances; regulations; sociocultural and political aspects; digitalization;
The aim of this paper is to examine the status and operation of the public service broadcaster in Montenegro and the process of transformation of the state-controlled Radio Television of Montenegro (Radio i Televizija Crne Gore, or RTCG) into a public service broadcaster. The paper elaborates on the current situation with RTCG and attempts to provide insights into the prospects for its future, in the context of contemporary European and local debates, tackling the obstacles, challenges and changing policy streams when it comes to public media. In doing so, special attention is given to the political, economic and social factors that influence the transformation of the state broadcaster in Montenegro. The former state controlled broadcaster was formally established as a PSB in 2002, and this is when the transformation process started. The path towards the development of PSB was not an easy task given the complex contextual factors and obstacles that RTCG faced. The former state broadcaster RTCG, remembered for the dissemination of hate speech during the Yugoslav wars during the 1990s, for political obedience to the ruling party and for its financial ruin, was suddenly supposed to transform itself into a geniune PSB to serve primarily the citizens of Montenegro. Moreover, such a transformation was happening in an extremely complex political and economic context: the country found itself in the midst of democratization and liberalization processes, while at the same time negotiating its accession to the EU. The financial crisis put immense pressure on the government and the media market, limiting the scope of any intervention that aimed at the sustainable institutional transformation of RTCG. Taking these contextual factors, and the dynamics they produced, into consideration, this paper attempts to answer three sets of questions. First, how the initial media policy and regulations in regard to PSB were adopted, who the main actors were in the process (considering the EU influence), and how these actors interacted with each other. Second, what is the current situation with the PSB regarding the implementation of policies and reforms, giving special attention to the PSB remit, funding model, formal and de-facto independence, market share, and progress regarding the digital switchover in Montenegro. And, finally, what are the key challenges for the future development of PSB in Montenegro, taking into account the impact of new technologies, convergence and digitalization on the prospects of the PSB in the rapidly changing multi-channel environment. Another aspect of interest to this study is that of the influence of the EU on the national media policy due to the competition approach of the EU. Last but not least, this research question also relates to the overall changes in the broadcasting market, with the proliferation of new media platforms and the increased commercialization of broadcasting. In order to answer these questions, the paper heavily relies on contemporary scholarly debates on the future prospects of PSB, especially drawing upon the analysis and theoretical propositions by Jakubowicz , Picard and Siciliani , Rumphorst , Moe , Hallin and Mancini. Furthermore, special attention is given to the role, function and prospects of PSB in post-communist, transitional societies as analyzed in the works of Car and Veljanovski. In the search for an answer on the abovementioned questions, the paper provides an analysis of the existing legislation, as well as semi-structured interviews with members of the administrative bodies of the public service broadcaster and media experts in Montenegro. This paper presents the argument that the former state-owned media company in Montenegro was not fully transformed into a public service broadcaster. After taking into consideration the key debates, contextual factors, and contemporary trends relevant to the development of a PSB, paper argues that the transformation of the state-broadcaster into a genuine PSB in Montenegro has so far not been successful. As will be demonstrated, the PSB remains a highly politicized and dysfunctional institution, while policy debates are centered mainly around basic issues of financial sustainability and political (in)dependence. At the same time, there is no substantial debate on the role of PSB in the society, its relevance in the convereged digital environment, and its public service function. Given the current situation, the future of PSB in Montenegro seems bleak, to say the least. The paper consists of five sections. In the first part of this paper the PSB is analyzed from a theoretical point of view, while in the second part of the paper the process of transformation of RTCG as a state media into a public service broadcaster is considered. The second chapter will deal with the definition of public service broadcasting and basic characteristics of this system, including analysis of debates on the global and local levels, outlining the opposing views of theorists and international organizations concerning legislation, models of funding, remit debate and technology debate. The following subsections present debates on PSB in the countries of the Western Balkans, as well as a methodological framework used for research and analysis. In the third chapter the paper will present the public service broadcaster in Montenegro and identify the problems faced by this media outlet. In the fourth chapter we will analyze the legislation in Montenegro, the funding of the PSB, the process of digitalizing and the sociological, cultural and political aspects in which the public service broadcaster is trying to operate. The concluding chapters include a discussion of the main findings, final remarks and recommendations.
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Keywords: BiH; public procurement; E-procurement system; analysis;
Development of new technologies and growing access to the Internet created conditions for the transformation of the manner in which public government functions. That resulted in the implementation of electronic government (hereinafter: e-government), which is based on the utilisation of information-communication technologies for better and more efficient provision of public services. Used in a wider sense, the term e-government implies total reorganisation of management in the public sector in order to increase efficiency, transparency and citizens’ participation in decision-making, using the advantages of information-communication technologies. An important segment of development of e-government is the establishment of an electronic public procurement system, which is used as a tool for the improvement of the efficiency of the procurement process for goods, services and works, and for savings in the public sector. Electronic procurement (hereinafter: e-procurement) is the universal name for the application of electronic means of communication in public procurement procedures, as a substitute for procedures that are based on paper documents. More concretely, e-procurement implies the introduction of electronic processes as support for different phases of the procurement process, and they are comprised of following modules: l e-notification, which implies notifications on procurements, l e-tendering, which implies publication and takeover of tender documentation, submission and evaluation of bids and documentation, e-awarding, which incorporates contract awarding or ordering, invoicing and payment. Along with the modules, e-procurement is complemented with different mechanisms and tools. One of them is the e-catalogue, which implies an electronic form of the bid for certain types of procedures. E-auction is a mechanism used for completing the procedure of e-procurement (an open, limited, negotiation procedure with publication of procurement notification and competitive request for bid submission). E-procurement is not just an important segment of e-government reform within the European Union, but its development and level of compliance are also subject to monitoring and evaluation report on the progress of the transition of Bosnia and Herzegovina (BiH) towards membership in the EU. In the BiH Progress Report for 2015, it is emphasised that the information system for e-procurement was put into function in late 2014 but that it is still in the very early stages of development. This early phase implies that conditions for application of e-notification are realised, since notifications on procurement referred to in Article 35 of the Law on Public Procurement are published on a single portal for public procurement (www.ejn.gov.ba/), and also that a basis for development of e-tendering was created in a manner that electronic access to tender documentation is enabled for certain procurements. However, there still remains a lot to be implemented in order for BiH to have a fully functional system of e-procurement. Starting from the above, the main purpose of the paper is to give a systematic analysis of the current level of development of electronic public procurement in BiH. The aim of the study is to provide an answer to the questions, what challenges are there in the development of e-procurement in BiH and what improvement is possible in this field so the system of e-procurement will completely take hold. Finally, the objective of the analysis is to offer a detailed overview of the key aspects of the e-procurement system and thus create a basis for progress monitoring in the sector and define clear guidelines for improving the functionality of the e-procurement system in BiH. In order to provide answers to research questions and make an assessment of the level of development of the e-procurement system in BiH, this report relies on analytical categories and standards for assessment of e-procurement development from the study “e-Procurement, Golden Book of Good Practice”, which, among other things, defines a series of parameters for public procurement system assessment and points out numerous good practices in European Union Member States. In this context, the structure of the paper will consist of an overview of the situation of e-procurement in the European Union, with presentation of legal sources, the current state of development and challenges faced by the European Union in this area. After that, the paper will present a development path for e-procurement and the current legal and institutional framework in BiH. Later on, the study analyzes the degree to which the e-procurement system corresponds to the principles and standards of good practice identified in “e-Procurement: The Golden Book of Good Practice”. After comparison, the study yields conclusions and recommendations for further development of e-procurement in BiH.
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Keywords: BiH; public procurement; procedure; legal protection; analysis;
Legal protection in public procurement procedures implies a set of legal norms which govern the mechanisms available to participants in these procedures with the objective of protecting their rights and interests. The legal protection framework ensures the realization of several important objectives of public procurement. Competitive and transparent procedures in public procurement assist legal public authorities to get the best value for money when they procure products and services. This results in cost-effective spending of public funds, faster economic growth and greater competitiveness among entrepreneurs. Open and transparent procedures in public procurement influence prevention of discrimination, cronyism and corruption. From the standpoint of the European Union (EU) the objective of public procurement is also to open the market of public procurement for member states, enabling the participation of entrepreneurs in public procurement procedures outside the boundaries of a particular state. Legal protection is very important for the realization of the above objectives of public procurement. Legal protection regulations should ensure equal legal position for all entrepreneurs in public procurement, the efficient and timely implementation of public procurement procedures, and should also enhance legal security in this area. Unregulated or insufficiently regulated legal protection may cause direct damage to the economy as it enables the choosing of bids that are not necessarily the best. The fallout of this includes other negative effects (political, economic, sociological). Efficient legal protection increases the trust of the public in the transparency of procedures, and encourages entrepreneurs to participate in public procurement procedures. Efficient legal protection can also act as a preventive measure against a concrete contracting authority or other contracting authorities, in the sense of ensuring that there is no infringement of public procurement rules. Apart from their prominent position in any legal system, national norms regarding legal protection in the EU member states, candidate status states and accession states are founded in European Law, and as such, they are the result of the harmonization of national legislation with the requirements of European law. In this way the harmonization of legal protection in member states, candidate states and potential candidates is achieved. The request for harmonized procedures in member states derives from an understanding that different procedures in different states have a negative impact on the functioning of a unified European market. The European legislation is important for Bosnia and Herzegovina (BiH) not only as an instrument for the strengthening of the economy, but also in respect of the commitments undertaken earlier to gradually harmonize BiH legislation with that of the EU. One of the areas where BiH legislation is harmonized with European law is the area of public procurement. The subject-matter of this study is legal protection in public procurement procedures in Bosnia and Herzegovina, which is implemented as an administrative and administrative-judicial protection, in the manner of critically deliberating the relevant issues of legal protection of participants in public procurement procedures. The present analysis deals with the existing rules that govern legal protection in public procurement procedures having in mind the potential consequences of incomplete or inadequate regulation, which affects the rights and interests of participants in public procurement procedures. Above all, this study is focused on the analysis of rules which govern the basic legal remedy available to participants in the public procurement procedures against the decision of the contracting authority of the aforementioned action or omission of action or the procedure of the contracting authority, followed by an analysis of appeal in an administrative dispute. In this sense, the present study suggests the direction of possible legal intervention which could improve the legal protection rules in public procurement procedures in BiH with regard to the relevant European and comparative law. Accordingly, in addition to a review of legal protection in accordance with the existing de lege lata, this study also includes questions with regard to what this protection should be in view of the requirements of European law (de lege ferenda). The initial assumption in this analysis is that legal protection in any state is regulated independently, but the autonomy of member states (and future member states that have already undertaken some commitments) is restricted by EU rules. As a result, the conclusions in this study inevitably deal with the influence of the relevant European law regarding the provision of effective legal remedies in public procurement procedures by observing the practice of the European Court of Justice in Luxembourg (the European Court), and the regulations that govern the availability of legal remedies in the area of legal protection in some member states that have implemented European law (such as Croatia and Slovenia). The objective of this study is to see what lessons can be drawn from the experience of the aforementioned states and in what manner these lessons can be applied in BiH law with the aim of further improving the legislation of legal protection. Thus an insight is gained about the relationship between legal regulation and practice, and in this respect the inadequacies in the existing legal protection norms in public procurement procedures in BiH can be observed. The presentation of the methodological and analytical framework of this study (Chapter 2) is followed by a summary of the relevant EU legal acts (Chapter 3) and a subsequent analysis of the legal and institutional framework of public procurement in BiH (Chapter 4). In the chapter on legal protection (Chapter 5) procedural rules are analyzed. The results of this analysis are summed up in the Conclusion (Chapter 6). In Chapter 7 there is a list of proposals for possible decisions with regard to the previously recognized problems.
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Keywords: Serbia; media; media institution; media assistance role; reforms; independent media;
The Republic of Serbia is located in the central part of the Balkan Peninsula, and is one of seven independent states, established after the break up of multiethnic socialist Yugoslavia. Following the wars at the beginning of 1990s, Serbia remained, together with Montenegro, under the umbrella of the Federal Republic of Yugoslavia until 2003 when the State Union of Serbia and Montenegro was formed. In 2006 Montenegro declared its independence from the State Union. A year later, after it was administered by UNMIK on the basis of the UN Resolution 1244, the territory of Kosovo declared its independence as well. Serbia does not recognize the declaration of independence of Kosovo, but considers the act illegal and illegitimate. Serbia is a parliamentary republic with a multi-party system. The National Assembly is unicameral, composed of 250 representatives who serve four-year terms. Executive authority is exercised by the prime minister and the government. The president is the head of state, elected by popular vote; the role is ceremonial with little executive, legislative, or judicial authority. In 2011, Serbia’s population (excluding Kosovo) was slightly above 7 million people. The majority of the population is comprised of ethnic Serbs (82.9%), while the rest are diverse minority ethnic groups (the largest are Hungarians with 3.9%, Bosniaks 1.8%, Roma 1.4%, etc). Belgrade is the capital of Serbia.
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Keywords: Kosovo; media; independent media institutions; media assistance;
Kosovo is a Western Balkans state bordering Serbia, Macedonia, Montenegro and Albania. It was the last administrative unit to emerge as an independent state out of the former Yugoslavia, where it had the status of an autonomous province within Serbia. With the dissolution of Yugoslavia in the 1990s, the tensions between Kosovo Albanians and Serbs escalated into a full-fledged conflict between Serbian forces, loyal to the regime of Slobodan Milošević, and the Kosovo Liberation Army (KLA). The conflict ended after an extensive NATO military intervention that forced Serbia to withdraw from Kosovo in 1999 and led to the creation of the Kosovo protectorate under the supervision of the United Nations Mission in Kosovo (UNMIK). UNMIK administered Kosovo until the country proclaimed independence on February 17, 2008. Following independence UNMIK began to downsize and the European Union Rule of Law Mission in Kosovo (EULEX) was introduced. This development followed the conditions set forth in a UN endorsed plan for an internationally supervised independent Kosovo.
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Keywords: BiH; discrimination; information access; politics; human rights: refugees;
The adoption of the Law on the Prohibition of Discrimination (hereinafter LPD) in July 2009, was a milestone in the efforts to ensure the right of each individual in Bosnia and Herzegovina (BiH) to the protection from discrimination. The institutional framework for the protection against discrimination was defined through the appointment of the Institution of the Human Rights Ombudsman of BiH as the central institution for the protection against discrimination and the appointment of the Ministry for Human Rights and Refugees of BiH as the central institution responsible for monitoring the implementation of the LPD. The LPD provisions provide for important protection mechanisms and activities aimed at the prevention and elimination of discrimination in BiH. The protection mechanisms defined under this Law are the discrimination lawsuits and the proceedings in response to the complaints lodged with the Institution of Ombudsman of BiH. The effectiveness of protection mechanisms in discrimination cases before the Ombudsman is further enhanced by the introduction of a minor offence liability for the failure to act upon Ombudsman’s recommendation in a concrete case. In addition, the Law provides for an important obligation of the competent state bodies to collect, consolidate and analyse data on discrimination cases. The activities of collecting and analysing data on discrimination are recognised as one of the key measures undertaken by governments in fighting discrimination. However, collecting data in this field is a complex task for which the best modalities are yet to be found. There is no universally accepted model for the collection of such data and the methodology used differs between countries. In addition, there are certain dilemmas as to whether the collection of this data is justified with regards to ethical issues (for example, allegations that discrimination data itself reinforces prejudices and discrimination patterns), financial implications, and privacy protection concerns. However, the multiple benefits of reliable data on discrimination, particularly in the context of strengthening the measures and policies against discrimination, clearly indicate that the collection of data on discrimination requires special attention. Currently, the data on discrimination in BiH is collected in a fragmented manner, on an ad hoc basis, and the LPD provisions that regulate this matter are implemented with delay. The Rulebook on Methods of Collecting Data on Cases of Discrimination in BiH (hereinafter the Rulebook), which was supposed to be adopted within 90 days after the Law enters into force, was adopted almost four years later – at the beginning of April 2013. In addition, the central database on discrimination cases (the central database) has not been established yet, and the above-mentioned Rulebook stipulates its establishment only by the end of 2013. It is clear that an effective fight against discrimination requires both, the adoption of appropriate legal and institutional framework, as well as taking concrete steps in order to ensure its implementation. In this regard, taking into account the current legal framework in this field, this study attempts to answer the questions as to what are the key difficulties that the competent institutions face in collecting data on discrimination in BiH and what needs to be done to overcome them? The goal of this study is to provide recommendations for a better, more comprehensive, and consistent data collection on discrimination in BiH. In seeking to address the key research questions, first, the relevant literature on the subject of the collection of data on discrimination was reviewed. Then, the LPD, the Rulebook on Methods of Collecting Data on Cases of Discrimination in BiH, other national legislation relevant to this subject matter, legislation of other countries, including international documents related to the collection of data on discrimination, were analysed. Also, the system of data collection on discrimination cases in BiH was examined, as provided for in the LPD, i.e. the manner in which the Ministry for Human Rights and Refugees of BiH, The Institution of Human Rights Ombudsman of BiH and other stakeholders interpret the relevant provisions of the LPD and their own obligations as prescribed by law. In addition, in order to compare the BiH system of data collection with the best comparative practices, an analysis of current and planned activities of the key BiH players in this field was undertaken. Due to the lack of secondary data on this subject matter in BiH, a total of 14 interviews with the key stakeholders, including the representatives of institutions responsible for the implementation of the LPD, were conducted. Finally, with the aim of identifying good practices and possible solutions to the identified problems, a comparative analysis of the experiences of the countries in the region and the European Union (EU) in the collection of data on discrimination was also conducted. The above-described goal of the study also largely determines its structure. The first part of the study elaborates on the importance of data collection in fighting discrimination. The second part of the study deals with the type of data on discrimination that should be collected, focusing on the comparative experiences and the legal framework for the collection of discrimination data in BiH. The following section attempts to answer the question as to who collects data on discrimination. In addition, this section aims to identify some of the basic preconditions for successful collection of data on discrimination. The fifth section of the study aims to identify the methods for the collection of data on discrimination and the sources of such data in the light of international standards and comparative experiences. This section additionally provides an overview of the sources of data in BiH. Given the complex ethical issues inevitably arising in the collection of such, usually sensitive, data, the subsequent section seeks to address the privacy protection concerns in data collection, followed by the section that deals with the issue of access and availability of the collected data. Finally, an overview and analysis of the current situation in this field in BiH, as well as the experiences of other countries, served as a useful framework for proposing recommendations in order to improve the collection of data on discrimination in BiH.
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Keywords: BiH; Croatia; Montenegro; governance; citizens; participation; decision-making; political systems;
Citizen participation in local level decision-making processes is not a novelty in the region of former Yugoslavia. The subject had received international attention during the 1970s, when innovative participatory institutions and practices in Yugoslav municipalities were making their way into scholarly texts discussing solutions to the problems of participatory democracy. Yet despite – or maybe because of – the apparent historical legacy of citizen participation in local-level decision-making, current accounts of local-level practices of citizen engagement appear to be wanting. Research conducted in Bosnia and Herzegovina (hereafter: BiH), Croatia and Montenegro, three countries considered in this report, points to weaknesses in the way participatory processes are conducted. Despite variations in practice, the general impression is that citizens are inadequately informed about possibilities for participation and may lack feedback on outcomes of participatory processes; that their ability to influence decision-making is perceived to be questionable; or that local administrations lack capacities and expertise for organizing well-structured participatory events. The motivation of citizens to engage in decision-making appears to be hampered by their perception that chances to do so are limited and that official channels for addressing their problems and needs are absent. Such findings are especially telling considering that citizen participation has become a key word in the jargon of national and local governments, as well as international organizations that have in the past twenty years devoted significant efforts to policy development and capacity building processes in the area of citizen engagement. To date, little attention has been paid to the factors that potentially influence participatory processes and that may help explain the similarities and differences in practice in these three countries since their democratization. Considering an enabling policy environment to be such a factor, this report seeks to inquire whether legal and institutional frameworks for citizen participation in BiH, Croatia, and Montenegro enable or discourage citizen participation in decision-making in local affairs. This factor appears especially important given the substantial effort vested in participation policies and programs by domestic and international actors. At the same time, we recognize the importance of other contextual factors for effective participation, such as the level of democratization, tradition of citizen engagement or the capacities of different actors to encourage participatory practices, but do not examine them at any length in here. This report is a result of research conducted for the project “Effective and sustainable citizen participation” in order to inform the creation of operational documents for citizen participation in local decision-making processes in BiH, Croatia and Montenegro. The ultimate purpose of the report is to provide a systematic overview of legal arrangements for citizen participation in the three countries, so that operational documents could be drafted in such a way as to correspond with the existing legal and institutional frameworks. Besides the needs of the project, the comparison of these three countries is also conceptually and methodologically motivating because they recently were a part of the same legal, political and cultural whole in the joint administrative organization of the former Yugoslavia, but have in the past twenty years had different reform paths, as suggested by their different EU accession prospects. These differences and similarities between countries form an interesting basis for analysis of legal and institutional frameworks for citizen participation, especially having in mind the rather bleak findings on citizen participation in practice. Furthermore, an almost total absence of comparative studies on legal frameworks and institutional practices with respect to citizen participation at the local level in the three countries is an additional reason for providing an overview such as this one. Although its theoretical and explanatory value might be limited by a primarily descriptive approach and methodological limitations (see below, Chapters 2 and 3), this report attempts to offer a sound systematic basis for further studies on this largely neglected topic in the region of Western Balkans. In that respect, the ambition of this text is to provide a broad overview of key characteristics, trends and processes in respect to the evolving legal frameworks and institutional practices for citizen participation in BiH, Croatia and Montenegro, and to point out key issues and questions, rather than to offer explanations and answers. Special emphasis will be placed on correspondence between legal frameworks in the three countries on one side, and relevant international norms and standards, notably those of the Council of Europe, on the other. This report begins with a conceptual framework of citizen participation in Chapter 2, followed by the analytical approach and methodology in Chapter 3. Chapter 4 provides an overview of local governance and a synthesis of results on citizen participation in practice in these three countries to date, and Chapter 5 contains an analysis of the enabling and disabling aspects of the institutional and legal frameworks for citizen participation. The findings of this overview are discussed in the concluding Chapter 6, with recommendations for the institutionalization of local-level citizen participation processes and with suggestions for further inquiry.
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Keywords: BiH; Ombudsman institution; human rights; discrimination; protection; situation analysis;
The Law on the Prohibition of Discrimination of Bosnia and Herzegovina (hereinafter referred to as LPD) accords the Ombudsman of B&H the status of “central institution competent for protection against discrimination” and for that purpose prescribes the establishment of a special department with the sole task of considering cases of alleged discrimination committed by any legal or natural person, in any sphere of life. The law envisions a broad spectrum of competences for the Ombudsman, ranging from promotional activities, through surveys in the field of discrimination, to acting on complaints filed by individuals alleging to be victims of discrimination and taking an active role in misdemeanor proceedings for protection against discrimination. In this regard, the legislative competences of the Ombudsman of B&H in the field of protection against discrimination to large extent conform with international standards relevant for the operation of equality bodies. However, for combating discrimination efficiently it is not enough only to adopt legislative solutions harmonized with these standards. The key is to ensure efficient and proper implementation of the Law, which is currently qualified as poor in Bosnia and Herzegovina, primarily through strengthening institutions that are able to respond to the new important task of anti-discrimination protection accorded to them by the Law and through continuous support to their activities by other key actors. At the same time, in light of some existing legislative innovations, it is important at the earliest possible stage of implementation of the Law to ensure a more precise formulation of certain vague or incomplete provisions which provide the framework for the role of the Ombudsman Institution in the system of anti-discrimination protection, to precisely define and strengthen its concrete competences and conduct on particular issues, as well as to urge its maximum internal engagement in dealing with the problem of discrimination in line with generally accepted standards and obligations. In line with that, the goal of this research, along with providing an overview of international standards and comparative practice related to equality bodies, is to identify some of the obstacles that stand in the way of more efficient fulfilment of the Ombudsman’s role in protection of individuals against discrimination, as well as to offer potential solutions for overcoming them. The report is based on an analysis of the legislative framework, available data on the situation in the field of combating discrimination in practice in B&H (such as relevant statistics, information on the course and outcome of individual cases before the Office of the Ombudsman), analysis of relevant recommendations made by the Ombudsman, and interviews with several competent interlocutors. In addition, a comparative survey was carried out with the aim of identifying examples of good practice related to different problem areas and identified obstacles to efficient implementation on the Law on the Prohibition of Discrimination from the perspective of the Institution of the Ombudsman of B&H. Although the countries included in the comparative survey were defined in advance – using as the basic criterion the existence of an Ombudsman or an equivalent institution in the system of protection against discrimination and aiming to encompass primarily European Union countries and countries in the region that share our problems – additional interesting cases were also included if required by a specific aspect of the survey. In this connection, bearing in mind the still insufficient practice in this field, we focused on analyzing structural conditions and processes in which the Ombudsman of B&H is involved in order to identify the fundamental structural obstacles. Based on contextualized analysis and comparative experience, we produced recommendations on how to advance the position and maximize the contribution of the Ombudsman in efficient implementation of the Law on the Prohibition of Discrimination. Bearing in mind the numerous roles accorded to this institution by the Law, we focused on institutional aspects and on the key competence of the Ombudsman in this field – i.e. on fundamental problems and possible solutions related to acting on individual discrimination complaints. It is important to emphasize that the final draft of this publication was sent to a large number of experts, Institution of the Ombudsman of B&H and Serbian Commissioner for Protection of Equality, as well as to a wide circle of relevant actors in this field. Their comments and suggestions were integrated into the final version of the report. The report is structured as follows: relevant international standards related to ombudsman institutions and equivalent equality bodies are presented first. After these introductory considerations, the position and role of the Institution of the Ombudsman of B&H is briefly presented in the context of the Law on Protection against Discrimination of B&H, specifically focusing on the procedure for individual complaints. The third, key part of the report lays out the fundamental legislative, institutional and procedural problems and obstacles that make it difficult for the Ombudsman of B&H to effectively exercise the function of central institution for protection against discrimination in B&H. Recommendations elaborated in detail and aimed at eliminating the identified problems constitute the closing section of this report.
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Keywords: Montenegro; media; public service broadcasting; policy; public finances;
The aim of the project “Equal chances for all media” is to contribute to creating of clear mechanisms and control of state financing and state aid given to the media, in line with the regulations of the European Union and best international practices and standards. Additionally, general goal of the project is to raise awareness of the public about responsible spending of the funds from State Budget of Montenegro, by pointing out to the relations public sector in Montenegro has towards the media through expenditures based on contractual agreements. Public sector, as a subject of a research, according to the Law on Budget of Montenegro, comprehends state bodies, municipalities (units of local self-government), independent regulatory bodies, public institutions and commercial enterprises where the state or municipalities own majority of shares, judiciary (courts and prosecutions), Protector of Human Rights and Freedoms and others. In order to achieve those goals, Centre for Civic Education (CCE) from February to December 2014, in line with the Law on Free Access to Information, gathered data related to that to which media, public relations agencies, production houses and public opinion poll agencies, and in which amount have the public bodies transferred funds, either based on service providing agreements, specialized services or any other grounds. Besides these findings, the publication contains analysis of media legislative and institutional framework, comparative experiences in the region and member states of European Union, as well as recommendations on how to improve existing practices. The project was based on previous work done by the CCE in this area, reflected in two annual reports for 2011 and 2012 titled: “How much and to who do the citizens in Montenegro pay for advertising?” Findings in these researches showed that there is a lack of clarity when it comes to financing of the media from the budget, and also that there is a need to bring order into this field. Tendency on the side of state bodies has been spotted to keep influence over media through selective and non-transparent financing, which directly makes the competition vulnerable through creating of non-equal conditions on the market, and also to “subtly” influence editorial policy. Lack of transparency in this process and (non)existence of proper criteria for allotment of the funds, accompanied with incomplete legislative framework has additional negative influence over already troublesome media scene in Montenegro. Having in mind that state bodies and bodies of local self-government in 2011 spent 2, 642,070.83 EUR on advertising, specialized media services and on other grounds, while on the other hand the overall media advertising market is between 8-9 million EUR, it is quite clear that in 2011 the state was big, if not the largest player on the market, which significantly influenced income of some media, and consequently their sustainability. In 2012 we noticed decrease of almost one million EUR for these expenses, so that the overall amount CCE team managed to find was 852.059.00 EUR, having in mind that this amount only includes spending of the Government and the Parliament, and does not include expenses of local self-governments as the report from 2011. However, the reduction of expenses was not result of following of recommendations and efforts made to bring order in this field, but mostly reflects limitations of financial capacities of state bodies. These findings of CCE attracted the attention of relevant international actors. The European Commission in its Progress Report for Montenegro states: “Concerns remain that the state is in breach of the law on the media, which prohibits the state from founding print media. Concerns persist also regarding possible state aid and advertising funding allocated to print media in 2012, which were not in line with public procurement rules and could jeopardize competitiveness on the media market. Also the report of the State Department on Human Rights in 2013 states: “Private media claimed that governmentowned enterprises openly discriminated in favor of the government-owned newspaper “Pobjeda” in the placement of advertising, despite the newspaper’s smaller circulation and more limited influence than its private competitors. On February 20, the NGO Centre for Civic Education reported that during 2012 “Pobjeda” received 93,000 EUR ($130,000) from government institutions for advertising, compared with the combined total of 21,000 EUR ($28,000) received by the three other private newspapers, “Vijesti”, “Dan”, and “Dnevne Novine”. The NGO concluded that there were no clear criteria by which government institutions chose media to advertise their activities, since the current selection did not appear to correspond to independent measures such as public trust, popularity, or the media companies’ pricing policies.” In order to continuously monitor this area, there was a need to once again conduct extensive research that would gather data for 2013. The research would provide comprehensive and updated overview of distribution of public funds to media for that year through analysis of obtained information, as well as through comparative analysis having in mind previous reports. The additions to the survey are specific recommendations (by local and international experts) about how to ensure transparency and what kind of criteria should be considered when allocating public funds for the media in Montenegro, in order for this process to be in line with the Acquis communitaire in the field of freedom of expression, independence of the media, competition, state aid allocation and public procurement. Without a clear mechanism for the allocation of state aid to media, the distribution of these resources has the potential to cause serious deviations in the media market and jeopardize the functioning of some media or to enhance the business of other media on discriminatory grounds and contrary to EU competition policy. It causes serious concerns when public funds are used for such purposes. Citizens, as taxpayers have a right to know how public funds are spent, and whether the method of distribution of these funds affects the impartiality of media coverage of state authorities and to which extent such distribution supports (or not) pluralism of the media. This report indicates the existence of the mechanism through which control and the pressure against media can be exercised. It also offers recommendations how to end such practice, which denies citizens of Montenegro right to have free and independent media that are able to accurately and impartially report about activities of state authorities, political parties, other institutions, and also about issues of public interest.
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Keywords: reform priorities in Moldova;
This report provides an independent evaluation of the implementation of Roadmap provisions for June - November 2017. The document covers eight policy areas, with a summary of developments for each of the actions, comments on the main achievements, and a list of relevant policy recommendations. Evaluation of the implementation of provisions of the Priority Reform Action Roadmap was based on a methodology focused both on the evaluation of the implementation in terms of the established timelines and in terms of the quality of the implemented actions. Given that timelines for several actions included in the Roadmap were rather tight, and therefore were often missed, the evaluation of progress was focused on the quality of acts adopted/measures taken and their potential impact (Annex 1).
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