A framework document setting out minimum standards for ensuring citizens’ participation in drafting legislation at the state level, the Rules on Consultations in Legislative Drafting Processes, was adopted by the Government in 2006. However, by and large, its provisions have been applied only on rare occasions, in most cases as a result of the need to fulfill conditions of funding for an internationally supported initiative.
The Rules establish 3 practical measures to be carried out by all ministries and state institutions:
- Designate a civil servant with responsibility for consultation with the public and also for coordinating that consultation;
- Compile and update a list of interested parties with which the ministry will communicate regularly about proposed legislation;
- Carry out basis steps to inform the public about legislative proposals. This is to include posting draft laws on ministry websites and invite comments and suggestions from the public and the list of interested parties.
A recent assessment of the implementation of the Rules by the non‐governmental think‐tank, ACIPS (Association Alumni of the Centre for Interdisciplinary Postgraduate Studies) observed that these measures are being carried out in only one of the state’s 9 ministries, i.e. the Ministry of Justice. In conclusion, ACIPS asserts that the Rule on Consultations are no more than ”a dead letter on paper.”
The Agreement on Cooperation between the Council of Ministers of Bosnia and Herzegovina and the Non-Governmental Sector presents a general framework for intensification of relations between the Government and CSO sector, from the local communities up to the state level. The Agreement contains the following obligations of the Council of Ministers of BiH: recognition and support of the independence of the sector; funding of the sector and development of the code (law) of good practices in this area; the provision for greater involvement of CSOs in policy development and consultations; the Council of Ministers and the CSOs shall prepare the procedures, book of rules or the law of good practice to include the procedure of consultation, policy assessment, funding, implementation, evaluation and reporting; Iimprove the actual relations consistency of approach and the good practices between the Council of Ministers of BiH and the sector, particularly when dealing with the issues intertwining between them. The Agreement also envisages building an institutional framework for mutual cooperation.
On the basis of the agreement, a Board of Civil Society Bosnia as a constitutive body of civil society was set up. The Board consists of activists of the CSO sector– delegates come from 31 different sectors of CSO institutions. The Board is at the starting point of its operation and in the process of consolidation. It will serve as a consultation body in cooperation with organizations of civil sector, international donors, citizens, and media.