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State capture in the Western Balkans

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Issue 3
September 2017

SOUTHEASTERN EUROPE

captured states
in the Balkans
ZAGREB
BEOGRAD
SARAJEVO
Skopje
TiranA

Heinrich-Böll-Stiftung
Fostering democracy and upholding human rights, taking action to prevent the
destruction of the global ecosystem, advancing equality between women and men,
securing peace through conflict prevention in crisis zones, and defending the freedom of
individuals against excessive state and economic power – these are the objectives that
drive the ideas and actions of the Heinrich Böll Foundation. We maintain close ties to
the German Green Party (Alliance 90/The Greens) and as a think tank for green visions
and projects, we are part of an international net­work encompassing well over 100
partner projects in approxi­mately 60 countries.
The Heinrich Böll Foundation works independently and nurtures a spirit of intellectual
openness. We maintain a world­wide network with currently 30 international offices.
Our work in Albania, Bosnia and Herzegovina, and Macedonia concentrates on
the democratization process, political education, and environmental protection
and sustainable development. We support and open public fora about topical and
marginalized social-political issues and we enable networking of local and international
actors close to the Green values.
contents

captured state in the Balkans


introduction
2 state capture in the Balkans – l’état c’est nous!
Marion Kraske
5 introductory note – peculiarities of state capture
Srđan Dvornik

who captures what?


7 kidnapped state or state sponsored kidnapping
Žarko Puhovski

modes and instruments of state capture


10 BiH’s un-reformable public administration – an instrument of state capture
Bodo Weber
15 dismantling Bosnia and Herzegovina’s fractured authoritarianism
Jasmin Mujanović
20 state capture: how to save the Macedonian democratic consolidation and EU enlargement
Zhidas Daskalovski
26 judiciary as a mechanism of state capture: external actors, party patronage and informality
Arolda Elbasani
31 Serbia: hijacked and appropriated state
Đorđe Pavićević
35 state capture in the Western Balkans
Leon Runje

culture and media


40 ethno-geo-political entrepreneurs and the creation of internal homelands in Bosnia and Herzegovina
Sead Turčalo
46 impotent media and potent business-political oligarchy
Helena Puljiz
50 uneducation policy: captured education
Nenad Veličković

experiences with captured states


53 successfully maintained obstructions
Zlatko Dizdarević
56 local captured state – an empirical view
Nives Miošić-Lisjak
59 the story of a party’s attempt to prevent democratic alternation of power
Jovan Bliznakovski
2 introduction

state capture in the Balkans –


l’état c’est nous!
Marion Kraske

removed the safety bar and opened the door


The international community, of the building – thereby opening the way
especially the EU an its member for the most brutal attack on state institu-
states, seems clumsy and even tions in the region in years.
over-burdened in light of the This approach was only the latest proof
recklessly proceeding patronage that the party of long-serving former Prime
Minister Nikola Gruevski, along with his sup-
networks in the Balkans: The ap-ap -
porters, had made it a principle to put them-
proach of local ownership which selves above the state. L´état – c’est nous!
has been propagated for a long When, like after the parliamentary elec-
while is dangerously ignoring the tions in December 2016, there is the pros-
real balance of power in those pect of loss of power through democratic
means, this power is defended – by all avail-
countries. How could citizens
able means. The ruling clique surrounding
deal with very diffuse networks, Gruevski previously declared the state to be
if there are no intact correctives, private property, seized its institutions and
no free, no independent justice? degraded them to compliant instruments.
The countless abuses of power and office
have been documented very well through
The attackers came in flocks, they stormed, numerous recorded telephone calls, reveal-
some of them masked, the session hall of ing the criminal workings to the public in
the Parliament in Skopje. They staged their 2015.
attack in the manner of hooligans, one par- State capture by well-connected politi-
liament member was pulled by her hair cians and their wide-ranging supporter net-
and hurled like a human catapult. The thug works has been far reaching in other Balkan
squads chose their victims cautiously: social states as well: In Bosnia and Herzegovina,
democrats and members of the Albanian the three nationalistic parties are dividing
minority group. After the act of violence, the country painstakingly into three influ-
Zoran Zaev, former leader of the opposition, ence zones. The resources, state-owned
now Prime Minister, was bleeding from his enterprises, energy providers, banks. And,
head, the Albanian MP Talat Xhaferi, who not least: the education system. Every-
had been elected Speaker of the Parlia- thing is appropriated and politicised along
ment, was dragged like an animal through ethnic-nationalistic dividing lines. There
the building and severely injured. His health is almost no practical politics, the concern
was a matter of serious concern for days. for the public interest is almost inexistent.
A few days after the attack, footage cir- Instead, party leaders claim for themselves
culating online verified that the attackers and their entourage increasingly large
Marion Kraske had been let into Parliament by members pieces of the cake.
Director of the Sarajevo Office of the VMRO-DPMNE party, the party that While 50% of the population remain
of the Heinrich Böll Foundation
(BiH, Macedonia, Albania). has been in power for years: phone calls unemployed, the infrastructure has not
Sarajevo, September 2017. had been made and, shortly after, someone been upgraded since the 1970s, 22 years
introduction 3

What is lacking is the non-negotiable conditionality when demanding and


securing the necessary reforms (especially in the area of the rule of law
and anti-corruption measures) on one side. On the other side, an uncom-
uncom-
promising support and revaluation of precisely those change agents has
to be realised, who are really interested in democratisation: Those civil
society actors who have been largely neglected by international actors and
left alone in the battle against the corrupt networks.

since the war ended there are still no state- ance have hardly been implemented. In
level ministries of education, cultural affairs point of fact, the concern is with using state
and agriculture (in a country with up to 60% resources in an unhindered manner and
rural areas), and the health care system veg- with protecting these all so beneficial door-
etates at the level of developing countries, ways for friends and family members.
Bosnia´s elites have been enriching them- In such oppressive power structures
selves for years through their unrestricted there is barely space for those defining
access to resources. themselves through performance or creativ-
The administrative apparatus thereby ity. Thus, it is precisely this endemic party
functions, like everywhere in the region, patronage, the distribution of posts based
as the toolkit for the meticulous consolida- on connections, that is driving hundreds
tion of power: The one allocating jobs in a of thousands of well educated and trained
country where there is normally no work people out of those countries: A mass exo-
available, creates an army of subordinate dus is already blazing its trail towards West-
supporters, who all profit from the system ern Europe, where, in the best case, what
of party patronage. In this way, a sort of neo- counts is the individual work performance,
feudalism has developed, in which citizens the know-how, and to a lesser extent belong-
do not count, only the will of the big clans, ing to a certain group or party.
which got rich already during the Balkan Despite all differences of the political
wars through smuggling and para-state framework, the political actors of the region
activities. do have one thing in common: Their claim
In Serbia, the ruling SPP under Alek- to power is radical, their approach repres-
sandar Vucic created a powerful system sive and even authoritarian. Reforms are
that absorbed state institutions and state- blocked extensively, critics declared ene-
owned enterprises. In this universe there is mies of the state, civilian actors, artists and
no space for those who are not loyal to the journalists denounced and marginalised.
party. Opposition and civilian actors are, The highest goal is to cement the illiberal
in spite of all the pro-European lip service, conditions. Because the political actors
rigorously combated, criminalised, and, not know one thing: The more democratic
least, threatened. reforms take effect, the more the state, espe-
In Albania, the justice system serves as cially the judicial system, moves towards
a flourishing source of income for judges functionality, the more dangerous this
and public prosecutors and as a devoted becomes for one’s power base, the bigger
power consolidation instrument for politics the possibility becomes that one’s actions
– so far, all major cases against high-ranking are prosecuted – like in the case of former
politicians have been either obstructed or Croatian Prime Minister Ivo Sanader, who
brought to a standstill by judicial represent- was sentenced to a long prison sentence
atives. The judicial system does not function because of corruption.
as an autonomous element of the state sys- Against this backdrop, the utterance of
tem, but as a friendly accomplice of corrupt political or diplomatic representatives from
and criminal civil servants. Berlin to Brussels, which has been repeated
The conditions in the Balkans prove time and again, according to which the
clearly that the local political caste does not political elites in the Balkans must have
have anything in common with politics in "an interest in a fast EU integration," seems
the traditional sense: It is not concerned oddly far from reality. Why should groups,
with solving social, economic or ecological who have fluid connections to informal and
issues, or with increasing general prosper- criminal networks, who define themselves
ity – the guiding principles of good govern- solely based on power, whose resonating
4 introduction

environment is the clan or the party, who a dangerous process of backsliding and a
have created a land of milk and honey for repeated radicalisation.
themselves at the expense of the general While the EU has been dealing with
public, have an interest in democratisation internal problems, these political actors,
processes, which would restrict precisely who for good publicity like to praise them-
this power of the unhindered exploitation selves in discussions as reformers, have
of the state system? been accepted as equals for a long time.
In order to secure their influence, the These hijackers of state systems have used
elites have been making use of old recipes: this to benefit themselves, and, instead of
Nationalistic narratives are disseminated, implementing reforms, have strengthened
friend-and-foe schemata fuelled purpose- anti-liberal and authoritarian tendencies.
fully, in order to divert from one´s failure on Not seldom have the members of the
the one side (all the countries are still fac- international community believed this mis-
ing high unemployment rates and sweeping conception that this superficial stability,
poverty), and on the other, in order to goad the created "stabilocracies" – as a counter-
voters and rally them behind themselves. model to true democratisation – could be a
Who, like in Macedonia’s case, are warn- recipe for success for the sustainable estab-
ing the VMRO-DPMNE of enemies of the lishment of peace in the region.
"Macedonian cause", who, like in Bosnia, Quite the contrary has been the case:
are perpetuating the victim myth and blam- The non-functioning state systems, the judi-
ing other ethnic groups for their misfortune, cial systems barely deserving of the name,
who are making calculated use of the divide created new space for actors like Turkey,
et impera principle: Thus, a perpetual sys- Saudi-Arabia, Russia and others, going after
tem of fear is kept alive. This approach is their geo-strategic goals in the region, which
still successful and repeatedly secures the are undoubtedly diametrically opposed to
dominant parties victory, not least because the tenets of the European Union.
the media landscape is also dysfunctional A change in the attitude of the EU and
and seized by parties and politics, and an its member states is necessary: What is
objective, balanced media coverage of the lacking is non-negotiable conditionality
true issues in the country is truly rare. when demanding and securing the neces-
The international community, espe- sary reforms (especially in the area of the
cially the EU and its member states, seems rule of law and anti-corruption measures)
clumsy and even over-burdened in light of on the one hand, while, on the other, there
the recklessly proceeding patronage net- has to be uncompromising support for,
works in the Balkans: The approach of local and revaluation of precisely those agents of
ownership which has been propagated for a change who are truly interested in democ-
long while is dangerously ignoring the real ratisation: Those civil society actors who
balance of power in those countries. have been largely neglected by international
How could citizens deal with very dif- actors and left alone in the battle against the
fuse networks, if there are no functioning corrupt networks.
correctives, no free, no independent justice? The Heinrich Böll Foundation, which
Or, to put it another way: Who has the power supports democratisation processes in over
to confront them in a system, in which the 60 countries worldwide, is convinced that a
last corner of society is permeated with the democratic renewal in the Balkans can only
influence of parties and clients, where even be achieved by a strong civil society. So far,
the simplest posts like kindergarten director a strategic partnership with civil society
are allocated by the dominant power appa- actors is lacking. Should they be ignored in
ratus, the political parties and their leaders? the future as well, and be left alone in their
The restrained approach of the EU has struggle with the elites, even the last brave
mainly effectuated one thing in the last few ones will leave the region discouraged, in
years: That the reform-resistant elites were order to offer their expertise in some other
able to further widen their sphere of influ- place. Then, the reform-resistant power
ence. Furthermore, laboriously achieved structures would gain even more space to
reform successes were made void. Thereby, hamper any further progress.
in the past few years the region underwent
introductory note 5

introductory note –
peculiarities of state capture
Srđan Dvornik

The metaphor of ‘captured state’ comes In most cases, however, the most pain-
handy as a description of the developments ful changes took place in the societies. Civic
that have followed since the beginning of societies in a strictly modern sense had not
the post-communist transition. While these even existed under communist rule, because
changes are generally referred to as ‘demo- development of autonomous horizontal
cratic changes’ or ‘transition to democracy’, relations between people, groups, organi-
there is a common conviction that demo- sations or enterprises was not allowed.
cratic systems in these countries are defec- Hence, with the formal establishment of
tive and do not provide for responsible and democracy, the structure of political power
accountable politics. Even at first glance, it did not encounter an autonomous ‘sphere’
seems that there are particular groups which of interests, opinions, or socio-economic
exercise decisive influence on the formally forces, but a mass of people still dependent
democratic systems. However, it should be on state mediation and prone to collectivist
kept in mind that the notion of ‘captured identification and authoritarian ideologies.
state’ emerged in a specific context, wherein By the same token, the formally pro-
World Bank experts were looking for the claimed liberalisation of markets and pri-
best way to understand the relations in the vatisation of economies was not carried
Russian society and politics in the 1990-ies. out either by selling economic resources to
Unlike the collapsed state in that country, independent investors (national or inter-
the countries of our region display certain national) or transferring ownership to
important differences, which entail differ- employees, but by means of politically con-
ent relations between state and society. trolled allocation of economic resources to
A good thing about metaphors is that politically loyal beneficiaries. Although such
they – being themselves the kind of expres- transfers were formally executed as sales,
sion that is based on the transfer of meaning the property was undervalued, new owners
– can be further transferred. While the met- were often allowed to pay with great delays,
aphor of ‘captured state’ originally referred to generate debts using the newly acquired
to newly-emerged holders of economic property as collateral, or simply to resell it
power (‘oligarchs’) who used that power and flee abroad. In short, what we nowadays
to bribe lawmakers into creating a system call cronyism, clientelism etc. was built into
which suited them, we are dealing here with the foundations of the new system. Politi-
states which stand in different positions to cal elites remained dominant, and with-
their respective societies. In some of them, out independent societal power, political
owing to transitional turmoil or war, the opposition remained weak. The prevalence
state system did collapse, and was restored of nationalism and authoritarian identifica-
on a new basis. In others, electoral victories tion with national political leaders further
left in power old parties under new names, reinforced this dominance. Therefore, the
endowing their dominance with new legiti- independence of media is doubtful, and
macy, or installed new parties which utilised autonomy of the public still precarious. On
the old structures of dominance. the opposite side, professional standards in
governmental agencies are still subordinate
6 introductory note

to the whims of those with political power, elites. Although nationalist legitimation is
and different branches of power do not pro- still strong, corruption and misuse of power
vide horizontal responsibility. are perceived as illegitimate in the national
To wit, it would be misleading to view public opinion, and there are obvious lim-
the ‘captured states’ in the postcommunist its to what people are willing to withstand.
part of the world as a mere deviation from Although certain forces still enjoy an inap-
the democratic models developed in the propriate level of influence on political
West, such as polyarchy, as though the same structures (which justifies the use of the
basic conditions existed in these societies – term ‘state capture’), the relations are not
from economic autonomy to a civic and par- immutable and stable.
ticipative political culture. However, some The analyses presented in this issue of
degree of pluralism, as well as the gradual Perspectives show a wide variety of ways
integration into international associations how tenets of democracy and rule of law are
(most notably the European Union), have distorted or even disabled in different coun-
worked in the opposite direction. Civil soci- tries. Whether these countries will converge
ety has become more and more assertive to some common standard of pluralism and
and open, indeed, autonomous socio-eco- democracy is not yet apparent, but a clear
nomic interests are emerging, and the inte- understanding of the current relations and
gration into international bodies imposes processes will hopefully be of aid to actors
some rules of the game which limit the interested in such development.
arbitrary power of the dominant national
kidnapped state or state sponsored kidnapping  who captures what? 7

who captures what?


kidnapped state or state
sponsored kidnapping
Žarko Puhovski

The (post-communist) state has effectively colonised (the emerging) soci-soci-


ety, and that is the reason why political influence on society, especially the
economy, was the problem, rather than the other way round (as tirelessly
expected by both contemporary liberals and Marxists). Even more, such a
"materialist" approach missed the very essence of the transitional countries
and was, logically, unable to see the real problems, let alone suggest the
solutions.

The phrase ‘state capture’ – first used by ethnic) groups enjoy (economic, political)
the World Bank some two decades ago to privileges awarded by modes of state-run
describe the situation in central Asian coun- distribution (including different types of
tries making the transition from Soviet com- immunity).
munism – became rather popular as a tool However, such a framework of interpre-
for describing many socio-political situa- tation contains an important – maybe even
tions. In the meaning that has developed crucial – ideological element. The point of
since the first instances of its use, "state departure is namely an implicit belief that
capture occurs when the ruling elite and/or such a condition means a clear distinction
powerful businessmen manipulate policy compared to the ideal notion of the state
formation and influence the emerging rules (basically, the technical apparatus of politi-
of the game (including laws and economic cal power, according to the original liberal
regulations) to their own advantage" ( Anne theory). Although this is not in doubt, the
Lugon-Moulin, Deputy Head of the CIS problem begins with the other part of the
Countries Division, Swiss Agency for Devel- ideological equation; with the presupposi-
opment and Cooperation, Federal Depart- tion that such a state of affairs also stands
ment of Foreign Affairs, Switzerland, http:// in clear contrast to the really existing types
f3magazine.unicri.it/?p=402). of state. That there are political systems in
The distinguishing factor in such a which there are no (social, political and
framework is in the systematic presump- other) privileges built into the foundations
tion that it is merit, rather than the rela- of the given state. In addition, such a notion
tionship with the ruler, that determines the is, in principle, not acceptable for numer-
distribution of resources when states have ous theoretical approaches – starting with
developed beyond tribal organisation (as it the traditional liberal, and many versions of
is, for instance, stated in Francis Fukuyama’s the Marxist interpretation of political affairs.
Political Order and Political Decay: From the If the concept of state power has for
Industrial Revolution to the Globalisation of Locke "no other end but preservation"
Democracy, 2014). Of course, state capture (Two Treatises of Government, P. Laslett
Žarko Puhovski
is characterised by completely diverse situ- (ed.), Cambridge: Cambridge University Professor of philosophy of
ations in which specific (social, political, Press, 1988, 2.135), it means, among other politics, Zagreb
8 who captures what? 
what? kidnapped state or state sponsored kidnapping

implications, that state power guarantees


given social relations, and ultimately that An even bigger obstacle for the
it protects the given mode of distribution local (internal) imperialism of
of wealth and power. In the very classical the post-communist states, those
notion, state power is hence already cap-
in Europe in the first place, was
tured by the prevailing interests (of owners,
concretely). the pressure of "European" (i.e.
Starting from such a type of analysis EU) integration. It was one of
(and revolutionary programme, of course), the promises given by (almost)
Marx and Engels simply (and simplistically) all the post-Yugoslav (or -Soviet)
understand the (bourgeois) state as "essen-
political elites, and the promise
tially a committee for managing the com-
mon affairs of the whole bourgeoisie" ("The that was taken very seriously
Communist Manifesto", International Pub- by the population. During the
lishers, Moscow 1948, p. 11). In other words, admission process, enthusiasm
there is nothing really new in the (post) constantly weakened in the
modern understanding of the captured
societies of the candidate states.
state. What occurs in the post-communist
societies is "only" that the major political
However, the political will of the
processes are more primitive, and conse- citizens was strong enough to
quently more transparent (in a perverted make all the escape strategies
version of famous ла́сностьг introduced by Gorbachev virtually impossible and, one af-
af-
in 1986) than in societies with more institu-
ter another, the post-communist
tional experience in hiding dominant social
countries joined European Union,
interests in their political influence.
However, the legacy of the real existing or, at least, accepted to partici-
partici-
socialist regimes is an indisputable birth- pate in the imposed process of
mark of all the post-communist countries. accession.
The totalitarian aspect of this ancien régime
heritage pre-formed all the democratic ter-
minological tools that were so fashionable, surplus dealt with traditional social aspects
especially in the first phase of the so-called of many people’s lives, primarily the realm
transition. Nevertheless, systematically of values at play in the everyday life of the
understood, this heritage meant that the country. The ideology of ethnic nationalism,
essential modern césure between society which undoubtedly came out victorious in
and community (represented by the state) the post-communist competition of weltan-
cannot be analytically useful. Consequently, schauungs, made this imperialistic type of
state and society had to be (re)constructed state apparatus not only possible, but even
before internal differences could be applied. more than that: it made it successful.
In a hasty development that occurred The (post-communist) state has effec-
after the fall of the old regime, most actors tively colonised (the emerging) society, and
were reasonably satisfied with the very fact that is the reason why political influence
that new, democratically legitimated insti- on society, especially the economy, was the
tutions were built, laws adopted, personnel problem, rather than the other way round
changed (more or less). Unfortunately (but (as tirelessly expected by both contempo-
somewhat logically) the next lesson was one rary liberals and Marxists). Even more, such
of the essential formality of the legal frame- a "materialist" approach missed the very
work and the open possibilities in which it essence of the transitional countries and
can be misused (or, rather, used) in various was, logically, unable to see the real prob-
ways. Nothing new there but the shadow of lems, let alone suggest the solutions.
the totalitarian past. Contrary to the liberal A decade or so after the triumphant
tradition of the developed democracies, colonisation of (ethno-nationalistically
cultivated before the historical emergence primed) societies in the nineties of the
of totalitarianism (or imposed on countries twentieth century, new governments were
like Germany, Italy, or Japan by the victorious put under pressure from two sides. From
forces after World War II), post-communist the slowly emancipating society, on one
systems allowed those who had the power (internal) side, and from the daily increas-
to play in a much wider field than that of the ing pressure of the globalised (or regional)
traditional political "sphere". This political integration, on the other (external) side.
kidnapped state or state sponsored kidnapping  who captures what? 9

Mostly less than positive effects aside, eco- Effective counter-measures against this
nomic globalisation was instrumental in supremacy are starting – for the first time
the already mentioned process of economic in the history of the EU – from the outskirts
emancipation of society. It meant namely a of the "old Europe", from the new mem-
gradual imposition of global rules (terms of ber-states; Hungary and Poland, Slovakia
trade, property rights, etc.), which the local and the Czech Republic. There are paral-
political elites were not able to stop or at lel movements in the Western parts of the
least manipulate in order to maintain their Union (and even if some of these Western
unquestioned supremacy. movements are considerably older than the
But an even bigger obstacle for the local recent Hungarian or Polish political con-
(internal) imperialism of the post-com- struction – they are still much weaker).
munist states, those in Europe in the first The new "anti-European EU move-
place, was the pressure of "European" (i.e. ments" depend almost entirely on the
EU) integration. It was one of the promises radical right wing interpretation of ethnic
given by (almost) all the post(Yugoslav, or nationalism (including some elements of
Soviet) political elites, and the promise that Nazi, or Fascist ideologies). So, the circle
was taken very seriously by the population. has been closed; after two decades of dif-
At least at the very beginning; somehow a ferently motivated attempts to introduce
new Big Brother was needed against the old liberalisation into the post-communist eth-
one, Bruxelles (with Washington as a logical nic nationalism (from the West), nowadays,
background) against Moscow or Belgrade. the anti-liberal interpretation of the nation-
During the admission process, enthusiasm state plays the role of the defender of the
constantly weakened in the societies of the people against the Bruxelles bureaucracy
candidate states. However, the political will (coming from the East).
of the citizens was strong enough to make At the same time, the new defenders can
all escape strategies virtually impossible – again – start with the (re)colonisation of
and, one after another, the post-communist the local societies, backed by the ideology
countries joined European Union, or, at that understands ethnic unity as the high-
least, accepted to participate in the imposed est goal of every political activity. To make
process of accession. things almost tragicomic, it has to be men-
In both cases, paradoxically more so tioned that some of the "new" right wing
in the case of those countries that are still political leaders belong to the same group
candidates than in the case of those that are that started the first colonisation in the early
already members, local states have become nineties in a more liberal disguise). Within
subject to the specific work-in-progress. this institutional framework, the circle is
The essence of this procedure was the con- even elegantly perfected: state sponsored
stant stripping off of layer after layer from kidnapping of the social resources was
the most precious substance of the (ethno- replaced by the process of kidnapping of
nationalistically legitimated) concept of the new EU member-states by "Bruxelles",
the state – its sovereignty. The very state and now at least some of them are hitting
apparatus that was able and ready to spon- back. Of course, they are not hitting only
sor kidnapping of the social and economic, the "alienated bureaucrats from Bruxelles",
individual and group potentials in these but, even more, "their own" citizens (if not
countries is now being kidnapped from subjects).
outside (and above). New regulations for
legally acceptable practice by institutions
and firms, citizens and associations, are
coming from Bruxelles – more or less medi-
ated by the local governments and parlia-
ments. Fear produced by terrorism (but also
by the hysterical notion of the "invasion of
migrants") make this dependence even
more direct, obvious – and unpleasant.
10 modes and instruments of state capture 
capture BiH’s un-reformable public administration – an instrument of state capture

modes and instruments of state capture


BiH’s un-reformable public administration
– an instrument of state capture
Bodo Weber

In Dayton BiH, it is the public sector, the public administration plus other
state institutions as well as state-owned/public enterprises that dominate.
They are controlled by the domestic political elites, especially since 2005,
when the international community handed full political control over the
country back to them, and the elites consistently engaged in rolling back
democratic and market reforms initiated by international actors during the
post-war decade.

Reforming Bosnia-Herzegovina’s public and academics1 alike to describe these anti-


administration, characterized by politici- democratic tendencies.
zation, oversizing and inefficiency, is on
the international community’s current
list of structural reforms, pursued since the concept of state
2015 within the framework of the so-called capture in the context of
Reform Agenda. Just as it has been more or the western balkans
less throughout the whole post-war era –
seemingly without much success. The resil-
ience of public administrations in BiH as in Yet in order to use the term "state capture"
the wider Western Balkans regions against in the specific geographic and political con-
numerous reform initiatives is indirectly text of the Western Balkans, and even more
referred to through the use of the term "state so in Bosnia-Herzegovina (BiH), it is nec-
capture." The term has been used in recent essary to refer to its original meaning and
years to describe the political developments definition. "State capture" is a term origi-
of concentration of power that undermines nally coined in 2000 by World Bank experts
previous democratic (and market eco- looking into transformation processes in
nomic) transformation processes in coun- the context of the post-socialist societies
tries still characterized by weak states and of Eastern Europe and the former Soviet
underdeveloped civil societies. Control over Union. Analyzing the relationship between
state institutions, in particular over public states and firms at the end of the 1990s, they
administrations, seems to lie at the core of observed that "after only a decade of transi-
these processes that undermine the formal tion, the fear of the leviathan state has been
existence of the institutions of pluralistic replaced by a new concern about powerful
democracies. With authoritarian tenden- oligarchs who manipulate politicians, shape
cies rising in the Western Balkans (in Serbia,
Macedonia), but also beyond (for example 1 See for example: https://www.novaeuropa.co.uk/state-
in Viktor Orban’s Hungary or Tayyib Recep capture-and-corruption; http://www.suedosteuropa.
Bodo Weber uni-graz.at/en/event/2017/party-positions-and-state-
Senior Associate of the Democra- Erdoğan’s Turkey), "state capture" has turned capture-western-balkans-marko-zilovic-george-wash-
tization Policy Council, Berlin into a catchphrase used by media, analysts ington.
BiH’s un-reformable public administration – an instrument of state capture  modes and instruments of state capture 11

institutions and control the media," who than state" by extending the capture of state
"shape the policymaking, regulatory and institutions by economic actors to political
legal environments… to advance and pro- parties. Yet in order to avoid hollowing out
tect their own enterprises at the expense of state capture of any concrete meaning in
the social interest."2 this broadening of the original term, it is
Using the term "state capture" for today’s crucial to highlight the differentia specifica
Bosnia and Herzegovina at first sight already when it comes to Bosnia-Herzegovina and
reveals that we are dealing with a substan- the Western Balkans – that is, the specific
tially different socio-political reality than form of informal action and its linkage to
what the original authors from the World ethnicity, as well as its origin in the society
Bank were dealing with. In Dayton BiH, it is of real socialism. BiH’s current patronage
the public sector, the public administration system has its origin in the evolution of the
plus other state institutions as well as state- one-party system in the late socialist era,
owned/public enterprises that dominate. in the prominent role of semi-formal net-
They are controlled by the domestic political works that were based on para-institutional
elites, especially since 2005, when the inter- acting from within state institutions. These
national community handed full political networks particularly expanded in the Yugo-
control over the country back to them, and slav type of socialism in the context of the
the elites consistently engaged in rolling process of authoritarian decentralization.
back democratic and market reforms initi- They formed the basis for the distribution of
ated by international actors during the post- power and resources, of privileges and cor-
war decade. As a result, the political system ruption. Ethnicity in the form of the official
enshrined in the Dayton constitution (re) nationality policy became a semi-official
gained full strength – a patronage system that source of legitimizing this semi-formal
is based on an institutionalized form of ethnic transformation of the socialist system. In
power sharing. In this ethno-political system BiH, the so-called "national key" formed the
it is the ethnic political parties that, through specific basis of this aspect of power sharing.
control over public administrations and the The end of the one-party system and the first
wider public sector, exert control over large multi-party elections in 1990 did not remove
parts of the economy and the society, instead this semi-formal power sharing system, but
of owners of larger companies – oligarchs or rather transformed it. A complex, hetero-
tycoons – exerting control over state institu- geneous one-party system was replaced by
tions and elected officials. This connection three (ethnic) one-party systems. It was no
between political parties’ control over the coincidence that the formation of a post-
public sector and ethnic nationalist legiti- election governing coalition started with
mization is not restricted to BiH but forms a the division of control over state institutions
core aspect of antidemocratic developments among the three ruling ethnic parties. And
in large parts of the Western Balkan region. while this "democratization" of the social-
In Macedonia, the post-Ohrid power shar- ist "national key" did not spare the country
ing arrangement formed the basis for former from the violent breakup of Yugoslavia –
Prime Minister Nikola Gruevski’s establish- quite the contrary – its logic of post-socialist
ment of an authoritarian regime, while the ethnic power sharing not only survived the
name dispute with Greece prevented the EU war, but became institutionalized in the
from fighting back against these anti-demo- post-war Dayton constitution of BiH.
cratic developments. In Serbia and Kosovo,
engagement with the EU in solving the open
ethnic status dispute through the so-called public administration in
Dialogue served, and continues to serve, rul- post-war BiH
ing parties in both countries in legitimizing
their authoritarian power as the EU traded Public administrations in Bosnia-Herzego-
democracy for the Dialogue. vina seem to have kept their core character-
Political scientists have tried to bridge istics since the immediate post-war era, with
this gap between the original definition of the situation only getting worse over the
"state capture" and the return of the "levia- last decade. The decentralized, fragmented
institutional system of the Dayton state has
2 Joel S. Hellmann/ Geraint Jones/ Daniel Kaufmann, set the basis for a burgeoning public admin-
"’Seize the State, Seize the Day’ State Capture, Cor- istration. Its exact size, at least until recently,
ruption and Influence in Transition," World Bank Sep-
tember 2000; available at: https://elibrary.worldbank. has been an unknown. The fact that the exact
org/doi/pdf/10.1596/1813-9450-2444. number of civil servants remains unknown
12 modes and instruments of state capture 
capture BiH’s un-reformable public administration – an instrument of state capture

Ethnicization serves as the means for turning public administrations into


the core instrument of the systems of patronage, in two ways: First, it is
responsible for the fragmentation of public administration in the highly
decentralized Dayton state. Second, the legally prescribed ethnic repre-
repre-
sentation in public administrations limits the development of a merit-based
civil service. What’s more, it serves as an entry point for the politicization
of civil services, especially its leading positions.

to the public speaks to its nontransparent At the same time, BiH has gone through a
nature. What is known is that public employ- lengthy public administration reform pro-
ment experienced a sharp rise following the cess, which started with the 2000 EU Road-
international community’s handover of full map and led to the establishment of the BiH
political responsibility to domestic elites in Public Administration Reform Coordinator’s
2005-6. After 2006, public employment rose Office (PARCO) in 2004, and the adoption of a
in the Federation too, but it exploded in the country-wide Public Administration Reform
RS, where the public wage bill rose by 40% Strategy in 2006, which expired in 2014 with-
in only two years. Despite initial attempts to out any relevant impact.
limit public employment, it seems to have Public administrations are still staffed
further risen in the first half of this decade. As by relatives and friends of those in power.
a consequence, general government expend- Since the introduction of formal educational
iture (which includes spending on state- criteria, that hurdle is managed thanks to a
owned enterprises) remains extremely high, network of private universities, where the
close to 50% of GDP. If one adds other forms sons and daughters of politicians and con-
of government’s impact on the economy, like nected businessmen buy their diplomas.
public tenders or entity-based development The combined low quality of civil servants’
banks that, too, operate in a highly politi- work performance and their high, privileged
cized way, estimates about the share of the salaries distort the labour market in the pri-
economy dependent on the government go vate sector and undermine the overall work
as high as 80%. ethics in the society. As a politicized public
Ethnicization serves as the means for administration and the nationalistically
turning public administrations into the core legitimized fragmentation of state institu-
instrument of the systems of patronage, in tions continue to reinforce each other, ser-
two ways: First, it is responsible for the frag- vice delivery and infrastructure in BiH suffer
mentation of public administration in the across the board. In the health care sector,
highly decentralized Dayton state. Second, which suffers from an overemployment of
the legally prescribed ethnic representation so-called non-medical staff, expenditures
in public administrations limits the develop- are near the level of the Eurozone, but ser-
ment of a merit-based civil service. What’s vices are extremely bad, while most medi-
more, it serves as an entry point for the cines for serious diseases like cancer have to
politicization of civil services, especially its be purchased privately by patients. BiH has
leading positions. Public employment based one of the worst transport infrastructures in
on political party membership, family and the Western Balkan region. The construc-
other personal affiliation is primarily main- tion of a highway that would run through
tained by exerting political influence over the the whole country from north to south is
public administrations’ select committees. It years away from completion. Because of
fits into the overall political context of the the lack of a state-level agency to manage
strengthening of the patronage system in BiH EU agricultural funds (IPARD), between
that employment in public administrations 2007 and 2013 BiH lost 300 million Euro in
was more merit-based in 2005 than today.3 IPARD funds alone. Due to the difficulty of
access to promising jobs for those who are
3 Sead Maslo, "Politika i javna uprava: aspekti politi- highly educated but have no political con-
zacije državne službe u BiH, trendovi politizacije vs.
Reformska opredjeljenja," Foundation Public Law nections, there is a constant brain drain
Centre; available at: http://fcjp.ba/index.php/15- from BiH. Over the last three years alone,
news/251-politika-i-javna-uprava-aspekti-politizaci-
je-drzavne-sluzbe-u-bosni-i-hercegovini-trendovi-politi- an estimated 100,000 young Bosnians and
zacije-versus-reformska-opredjeljenja. Herzegovinians left their home country to
BiH’s un-reformable public administration – an instrument of state capture  modes and instruments of state capture 13

seek jobs abroad. With a mortality rate sub-


stantially higher than the birth rate (10.6 ‰
to 8.5 ‰ in 2015), the UN recently estimated
that BiH will lose almost half a million of its
three and a half million citizens by 2050.4

public administration
reform and the reform
agenda

Within the Reform Agenda 2015-18, which


formed the centerpiece of the 2014 EU BiH
initiative, public administration reform
constituted one of the seven core areas of
structural socioeconomic reform. In the
Agenda text, all levels of government com-
"Administration" by Edward Bilodeau, CC-BY-NC-NC-2.0
mitted to the creation of a "modern, com-
petent, transparent, effective, cost-efficient conditions unmet, the existence of the IMF
and accountable public administration".5 credit arrangement is endangered. And with
The results of implementing this part of the the campaign for the 2018 election nearing,
Agenda so far have however remained lim- the collapse of the entire Reform Agenda
ited, and outlooks are grim. In July 2015, the has become a realistic outcome. In that
Federation parliament passed a new labour case, BiH political elites would once more
law that was presented by the government succeed in averting real structural reform of
as ending the privileged position of public public administrations in BiH.
employees. Civil servants’ privileged posi-
tion in regard to salaries and other aspects,
however, is not fixed in the labour law at public administration
all, but in other laws and regulations. No reform without
serious reform of the latter has been taken constitutional reform?
place since then. In the RS, the government
never even argued about the need to end
the privileged position of public servants. Against this background of a burgeoning,
The development of a new public admin- costly and inefficient public administration
istration reform strategy that is part of the that forms the backbone of Bosnia-Herze-
Reform Agenda action plans lags behind the govina’s patronage system, and that resisted
set timetable. As the only substantial meas- all reform attempts over the last decade and
ure, governments at state and entity levels a half, the question arises whether substan-
introduced public wage bill freezes, as well tial, structural public administration reform
as freezes on new hiring. These freezes were is at all possible without profound constitu-
the result of the leading role of the IMF and tional reforms that would put an end to the
the conditionality regarding the downsizing undemocratic ethnic power-sharing sys-
of public administrations in BiH that is part tem. This question is even more pressing if
of the Fund’s current credit arrangement one looks at the role the RS regime headed
with BiH. However, against the background by President Milorad Dodik has played for
of the EU watering down conditionality in over a decade in blocking any institutional
its BiH initiative, the Reform Agenda fell into reform in BiH. Time and again, Dodik has
a crisis in the first half of 2017.6 With reform prevented the establishment of any addi-
tional state-level institutions or bodies,
4 "BiH ostaje bez ljudi," Slobodna Evropa, July 11, presenting his position as the defender of
2017; available at: https://www.slobodnaevropa.org/a/
pad-nataliteta-u-bih/28610637.html. national interests against the "centraliza-
5 Reform Agenda for BiH 2015-2018, working transla- tion of competences." Yet while this ideo-
tion; available at: http://europa.ba/wp-content/up-
logical approach has hollowed out the
loads/2015/09/Reform-Agenda-BiH.pdf.
6 Bodo Weber, Substantial Change on the Horizon? A debate about the meaningfulness of any
Monitoring Report on the EU’s New Bosnia and Her- institutional reform, for example in the field
zegovina Initiative, DPC Policy Paper, March 2017;
available at: http://www.democratizationpolicy.org/ of agricultural policy, leaving exclusive com-
summary/substantial-change-on-the-horizon/. petences on the sub-state level has not led
14 modes and instruments of state capture 
capture BiH’s un-reformable public administration – an instrument of state capture

to improvement in agricultural policy nor suffering from. While there exists no calcula-
service delivery. tion of these indirect costs of the politicized
In order to answer the question, it is public administration, one can assume that
worth taking a look at the various fiscal they are substantially higher than the direct
and economic aspects of the impact of the costs.
current state of the public administration. In theory, thus, there should be no
Regarding the direct financial costs of a obstacle to a substantial, real reform of
fragmented, overstaffed administration, public administrations in BiH even without
the figures are substantially smaller than a radical overhaul of its fragmented institu-
one would expect. In 2010 the so-called tional setting enshrined in the state’s con-
"municipalization" initiative, a grass-roots stitution. There are basically two alternative
initiative for constitutional reform, pre- approaches. The first has been proposed by
sented an alternative model for a radically the NGO Green Council in regard to agri-
decentralized Bosnian state with only a cultural policy. Green Council has found
central and a municipal government level. that BiH is missing a state-wide agricultural
A financial analysis of the model showed strategy and institutional capacity, due to
savings in public administration costs of which it has missed out on enormous funds
500 million BAM, roughly 7 percent of all in the past. The NGO proposed the estab-
government spending,7 numbers that are lishment of a state-level agricultural min-
surprisingly low when compared to the istry as the best solution to overcome these
general public’s perception of BiH’s over- policy- and institutional insufficiencies. 9
sized public administration. Yet besides the In 2016, the IMF took another approach,
direct, higher costs of a politicized public based on the existing constitutional setting.
administration, there is a multitude of addi- As part of its reform conditionality in the
tional, more indirect costs. Here, the World framework of the new credit arrangement
Bank’s original concept of state capture with BiH, the IMF demanded the strength-
can serve as a helpful tool. As the authors ening of banking surveillance, taking a
of the 2000 study stressed, while there is a two-step approach. Respecting the consti-
direct rent-seeking benefit for the minor- tutional division of competences, the IMF
ity of companies linked to state institutions demanded the strengthening of the work
and elected officials, the average growth and independence of the existing banking
rates of all other private companies, that surveillance agencies in the two entities as
are not part of the capture economy, are well as the harmonization of their work.
systematically lower. For the economy and Should that demand not be met within a
society as a whole, state capture leads to a year, however, the Fund at the same time
"vicious circle… that weakens economic announced that it will shift to demanding
growth and further undermines the state’s the establishment of a state-level agency.
provision of necessary public goods."8 The In the end, either approach could
effects of BiH’s patronage system are both be successful. But whatever the initial
similar, and worse: Public administrations approach, more important is that any sub-
that are characterized by political overem- stantial reform of public administration
ployment and high salaries not only put a must lead to the destruction of the patron-
heavy burden on public budgets and create age system. This can only happen with
a civil service with a low output. High, privi- either the international community, that is
leged salaries in the public sector distort the first and foremost the EU, shifting finally to
labour market and outprice the private sec- a serious approach in Bosnia-Herzegovina
tor in attracting workers. The various links based on a policy of strong, consistent con-
between the public sector and the private ditionality, and/or a political revolution
sector (through, for example public pro- from within Bosnia and Herzegovina.
curement or development banks) further
distort the market economy in BiH. The
politicization of employment in the public
sector undermines the social value system
and boosts the substantial brain drain BiH is

9 Green Council, Cost-benefit analiza uspostave Mini-


7 Municipalization: A Popular Governance Model for starstva poljoprivrede, prehrane i ruralnog razvoja
Bosnia and Herzegovina, p.46; available at: https:// Bosne i Hercegovine, Sarajevo 2014; available at:
de.scribd.com/document/231194321/K-143-Munici- http://green-council.org/publik/Cost_benefit_analiza_
palization-Model-FULL-document-ENG. uspostave_Ministarstva_poljoprivrede_prehrane_i_ru-
8 Joel S. Hellmann/ Geraint Jones/ Daniel Kaufmann. ralnog_razvoja_BiH.pdf.
dismantling Bosnia and Herzegovina’s fractured authoritarianism  modes and instruments of state capture 15

dismantling Bosnia and


Herzegovina’s fractured
authoritarianism
Jasmin Mujanović

Bosnia and Herzegovina (BiH) is a complex


Behind the veneer of dysfunc-
dysfunc-
administrative state with a surplus of par-
liaments and representatives but a dearth tionality are static political lead-
lead-
of substantive democratic norms. While ers whose longevity at the fore-
fore-
the Dayton constitutional framework has front of the country’s sectarian
ensured peace in BiH, it has proven insuf- politics suggests a deeply sym-
sym-
ficient to the task of creating a rules-based
biotic relationship between the
political order. In particular, the non-imple-
mentation of the European Court of Human respective ethno-national cliques
Rights’ Sejdić–Finci decision of 2009 and the in BiH. While their professed
unsanctioned "holiday referendum"1 in the conceptions of the Bosnian
Republika Srpska entity (RS) in 2016 high- polity are, essentially, mutually
light the de facto lawlessness of contempo-
incompatible, Bosniak, Serb, and
rary politics in the country.
While one logical conclusion from this Croat nationalists have an almost
characterization would be that BiH is there- identical conception of power.
fore a failing state, a more careful examina- Namely, a conception of power
tion of actually existing political practices as fundamentally patrimonial,
in the country reveals a more subtle if no
dominated by "big men" (what
less disconcerting reality: BiH is a fractured
authoritarian state2. It is a fractured state
I have elsewhere referred to as
because of the pervasive sectarian tensions a "baja class"), and by definition
among the representatives of the country’s incompatible with democratic
respective "constitutive peoples"; the Bos- norms or governance.
niak, Serb, and Croat political elites. But it
is also doubtlessly an authoritarian state
because each of BiH’s territorial and politi-
cal fragments is administered like a patri-
monial fiefdom by these same elites.

Jasmin Mujanović
Dr Jasmin Mujanović is a political
scientist specializing in the poli-
tics of Southeastern Europe and
the politics of post-authoritarian
and post-conflict democratiza-
tion. His first book, Hunger and
Fury: The Crisis of Democracy in
1 http://blogs.lse.ac.uk/europpblog/2016/09/26/repub- the Balkans is now available for
lika-srpska-referendum/ pre-order from Hurst Publishers
2 https://www.academia.edu/31246982/Fractured_Au- (http://www.hurstpublishers.com/
thoritarianism_in_Bosnia-Herzegovina book/hunger-and-fury/).
16 modes and instruments of state capture 
capture dismantling Bosnia and Herzegovina’s fractured authoritarianism

cymakers in Brussels, in particular, to come


the theatre of sectarianism to grips with the reality of politics in the
region.
After all, behind the veneer of dysfunc- So, in order to illustrate these claims it is
tionality are static political leaders whose useful to assess them with reference to cer-
longevity at the forefront of the country’s tain basic concepts within the study of poli-
sectarian politics suggests a deeply sym- tics. To that end, consider Harold Lasswell’s
biotic relationship between the respective paradigmatic definition of politics7 as the
ethno-national cliques in BiH. While their process by which societies decide "who gets
professed conceptions of the Bosnian pol- what, when, and how." Let us take each of
ity are, essentially, mutually incompatible, these segments in order and then see what
Bosniak, Serb, and Croat nationalists have sort of society they add up to in BiH.
an almost identical conception of power.
Namely, a conception of power as funda-
mentally patrimonial, dominated by "big "who gets what, when, and
men"3 (what I have elsewhere referred to as how" in BiH?
a "baja class"4), and by definition incompat-
ible with democratic norms or governance. Clearly, the ruling "who" in BiH is a fistful of
In this sense, Bakir Izetbegović, Milorad individuals. While analysts have in the past
Dodik, and Dragan Čović are not avatars of referred to a condominium of six ruling par-
their respective nationalist projects; they are ties, as noted, parties in BiH are character-
the projects. In other words, the purpose of ized by virtual cults of personality. Internal
their politics is their personal enrichment party democracy is non-existent among the
and the tightening of their exclusive con- main blocs, at least, and party policy does
trol over the state apparatus, the primary not extend beyond the whims of said lead-
means of accumulation in the country’s still ers. The fact that intra-party disputes most
largely "feudal" economy5 (i.e. an economy often end with the losers being ejected (and
in which the coercive state apparatus rather forming their own parties in turn), is a neat
than the free market is the primary means illustration of the phenomenon.
for wealth (re)distribution). Nor are their The "what" concerns the process of
respective political parties – the SDA, the patrimonial redistribution that character-
SNSD, and the HDZ – political movements izes the political economy of the Bosnian
in the traditional sense of the term. In fact, state; rather than operating on the basis of
these blocs bear far more resemblance to free market competition, or even state-led
organized crime syndicates6 or mercenary development, BiH’s economy is defined by
armies than they do to political parties in cronyism and corruption. Especially impor-
other electoral regimes. tant in this respect is the public administra-
These are sweeping, provocative claims tion and bureaucracy. Instead of existing to
but they are necessary to capture the full provide services for the public, the admin-
extent of the complex political situation in istrative state in BiH is the means by which
in the country. As it is, too much interna- political elites reward their base; by provid-
tional policy and analysis on BiH, and the ing jobs, peddling permits, and (formal and
Western Balkans as a whole, remains mired informal) pardons for their clients.
in technocratic marginalia; "connectivity," Accordingly, very little is actually pro-
"local ownership," and "accession criteria." duced, manufactured, or even provided
This turgid jargon obscures an inability, or in BiH. The only semi-functional portions
rather, an unwillingness on the part of poli- of the economy are those that are most
autonomous of and least dependent on the
3 David B Kanin, "Big Men, Corruption, and Crime", government apparatus: tourism and the
https://link.springer.com/article/10.1057/palgrave.
ip.8800038 nascent IT sector. Taken as a whole, how-
4 Jasmin Mujanović, "The Baja Class and the Politics of ever, BiH’s economy is in a death spiral.
Participation", https://www.academia.edu/9018208/ Take only the fact that local governments
The_Baja_Class_and_the_Politics_of_Participation
5 Jasmin Mujanović, "Is Feudal Ex-Yugoslavia are now increasingly relying on commercial
Incapable of Reform?", http://www.balkaninsight. banks for loans to provide even the most
com/en/article/is-feudal-ex-yugoslavia-incapable-of-
reform--02-20-2017
6 Jonathan D. Heskett, "Corruption in the Balkans: an 7 Harold Dwight Lasswell, Politics: Who Gets What,
examination of the ties between government and crime When, How, https://books.google.com/books?id=Iah_
in several Southeast European countries", http://cal- NAEACAAJ&dq=harold+lasswell+defined+politics+a
houn.nps.edu/bitstream/handle/10945/38946/13Dec_ s&hl=en&sa=X&ved=0ahUKEwiuhKTqk6XUAhUJW
Heskett_Jonathan.pdf?sequence=1 CYKHSKtAgkQ6AEIKDAA
dismantling Bosnia and Herzegovina’s fractured authoritarianism  modes and instruments of state capture 17

Only sustained pressure and mobilizing can affect truly entrenched re-re-
gimes. Thus, for instance, the key mistake of the protests in 2014 was
not that they shifted towards the participatory plenum model; indeed, the
plenums illustrated the sophisticated capacity of BiH civil society to articu-
articu-
late and advance coherent policy demands. The mistake was in re-locating
the plenums to politically insignificant terrain: community centres, meeting
halls, art galleries etc. Those meetings should have taken place in public
squares and/or on the steps of parliament, forcing the authorities (and the
public) to confront and recognize them.

basic social provisions to their constituents: of communist Europe, Yugoslavia’s elites


pensions, disability payments, welfare etc. never truly lost power in the wake of 1989.
Why is this happening? In short, Instead, the Yugoslav Wars primarily served
because unwilling to reform their patrimo- to cement their rule, their regimes amended
nial regimes8, local elites can no longer rely only insomuch as they swapped rhetorical
on the IMF and World Bank for loans and commitments from the working class to the
funds. As a result, these governments are nation.
reduced to dealing with predatory – and Thus one party rule in the former
themselves unstable – local banks (see only Yugoslavia never actually ended; it merely
the recent Bobar Banka collapse9 in the RS). fragmented along republican and ethno-
Inevitably, this house of cards will col- national lines, with each unit, as mentioned,
lapse. The best case scenario, as remarkable remaining largely authoritarian or at least
as this may sound, is the Greek one; that is, profoundly illiberal. In BiH, this process
internationally managed bankruptcy10. The was especially pronounced and so today we
more likely scenario, however, is outright have the aforementioned surplus of parlia-
chaos; a mixture of Argentina’s 2001 default ments, with little in the way of substantive
and the unbridled rage of the 2014 protests democracy. While it should technically be
in BiH. This is the structural dynamic of possible to ameliorate this situation through
BiH’s existing political economy that can- the use of elections (the "how" part of the
not be ignored. Genuinely reformist actors equation), in practice, this is a tall order.
may emerge from within this maelstrom Owing to Dayton’s ethnocentric design,
but even if this crisis consumes the exist- non-nationalist parties are at an inherent
ing political establishment, as in much of disadvantage. The period between 2010 and
Europe, still more reactionary elements 2014, for instance, illustrated how a party
may seize the day. That, after all, was also like the HDZ, which never wins more than
the result of the last, locally-produced eco- about 12% to 15% of the vote, was able to
nomic crisis in the Balkans, the one in the completely obstruct the functioning of gov-
1980s, which (in)directly precipitated the ernment for no other reason than that they
dissolution of Yugoslavia. were excluded from the ruling coalition.
In the meantime, the matter of "when" This period provided a succinct summation
and "how" is somewhat more complicated, of how nationalist politics in BiH was largely
as the origins of the existing elite estab- a smokescreen for kleptocracy; the HDZ was
lishment in BiH can be traced back to the upset not because there would be no Croats
last days of the Socialist Federal Repub- in the then SDP-led government in Sarajevo
lic of Yugoslavia (SFRJ) and, in particular, (there were) but because the HDZ was los-
the rampant fraud and corruption of the ing access to lucrative state coffers.
late 1980s. Unlike their peers in the rest

8 Dragan Maksimović, "Ko će vraćati dugove BiH?",


http://www.dw.com/bs/ko-će-vraćati-dugove-
bih/a-37452148
9 "Bobar banka: Optužnice protiv 16 osoba", http://
balkans.aljazeera.net/vijesti/bobar-banka-optuznice-
protiv-16-osoba
10 Dragan Maksimović, "Dug Republike Srpske preko pet
milijardi maraka", http://www.dw.com/bs/dug-repub-
like-srpske-preko-pet-milijardi-maraka/a-36112030
18 modes and instruments of state capture 
capture dismantling Bosnia and Herzegovina’s fractured authoritarianism

This dynamic also resonates among In other words, when existing institu-
ordinary voters. In a country in which tions and processes were incapable of pro-
something like one-third of all employed ducing political change, civil society turned
persons11 works in some segment of the their efforts to extra-institutional struggles.
public administration, which is in turn In this respect, Macedonia’s recent experi-
largely politically staffed, elections are not ences very much mirror those of other East-
a matter of one’s political (or even ethnic) ern European states in confronting both
persuasions. In such a polity, elections are a Cold War era one-party regimes and their
matter of guaranteeing one’s own economic illiberal successors (i.e. as during the "Col-
survival. In a country with 40% unemploy- our Revolutions" period in the early 2000s
ment, if your family’s income depends on and, more recently, during Ukraine’s "Euro-
a public sector wage that likewise depends maidan"). Is something similar possible
on, say, the HDZ staying in power, you too in BiH? Doubtlessly, but it will require the
would likely vote for this bloc; even if, in the embrace of two organizational principles
aggregate, you recognized that their admin- by both local activists in BiH and the inter-
istration was damaging to your communi- national community present in the country.
ty’s overall social well-being. First, sustained democratic protest
Bosnian and Herzegovinian voters are is both legitimate and necessary to affect
thus compelled to choose between (relative) change in illiberal regimes12. While one-
economic security and promissory notes of off moments like the "Baby Revolution"
eventual political reform and prosperity. in 2013 and the "Bosnian Spring" of 2014
Unsurprisingly, the former tends to win out. are educational and empowering, they are
Besides, the whole idea of "reform" in BiH insufficient. Only sustained pressure and
is deeply compromised by the fact that, to mobilizing can affect truly entrenched
date, there has been no credible evidence regimes. Thus, for instance, the key mistake
that local elites want anything of the sort. All of the protests in 2014 was not that they
major post-war reforms in BiH have largely shifted towards the participatory plenum
been the result of international (and dispro- model; indeed, the plenums illustrated the
portionally American) political pressure. sophisticated capacity of BiH civil society
Indeed, the privileged position of said elites to articulate and advance coherent policy
in contemporary BiH depends precisely on demands13. The mistake was in re-locating
the non-implementation of socio-political the plenums to politically insignificant ter-
or socio-economic reforms of any substan- rain: community centres, meeting halls, art
tive sort. galleries etc. Those meetings should have
taken place in public squares and/or on the
turning to civil society steps of parliament (or perhaps within par-
liament itself as during the Sunflower Move-
If even the electoral machinery is compro- ment in Taiwan14), forcing the authorities
mised by clientelism and patrimonialism, (and the public) to confront and recognize
what options are left in BiH? The recent them.
government change in Macedonia provides Secondly, the politics of protest have a
a useful avenue for change. Like BiH, Mac- definite shelf life. Eventually, the struggle
edonia is an ethnically polarized polity, in to affect change has to take on an electoral
which corruption and criminal-political and/or parliamentary dimension. In Mac-
linkages are among the most deeply embed- edonia, this meant the establishment of a
ded in Europe. Unlike in BiH, however, once kind of détente between civil society and
Macedonian civil society was finally driven the centre-left SDSM, which had itself been
to the streets they remained there, eventu- implicated in past corruption scandals, in
ally forcing the main left bloc in the country order to finally wrest power from the VMRO-
to take up their struggle as their own. Or, DPMNE. Whether the new government
more to the point, to pin their eventual elec- proves up to the task of rebooting Macedo-
toral future on the demands of a burgeon-
12 Jasmin Mujanović, "Democracy blooming at the
ing civil society struggle which called for the margins: Bosnia-Herzegovina, Ukraine and Taiwan",
radical transformation and democratization https://www.opendemocracy.net/jasmin-mujanović/
democracy-blooming-at-margins-bosniaherzegovina-
of Macedonian society. ukraine-and-taiwan
13 Bosnia-Herzegovina Protest Files, https://bhprotest-
files.wordpress.com/
11 Pero Zelenika, "Svaki treći zaposlenik u BiH radi u 14 J. Michael Cole, "Was Taiwan’s Sunflower Movement
javnoj upravi", https://www.vecernji.ba/vijesti/svaki- Successful?", http://thediplomat.com/2014/07/was-
treci-zaposlenik-u-bih-radi-u-javnoj-upravi-954862 taiwans-sunflower-movement-successful/
dismantling Bosnia and Herzegovina’s fractured authoritarianism  modes and instruments of state capture 19

nia’s democratic project will largely depend grievances of their populace. It will be
on the ability of civil society to remain a especially important, however, that the EU
vital and relevant "check" on the pervasive and U.S. sanction and curb the reactionary
illiberal and authoritarian tendencies in the tendencies of BiH’s elites. Scenes like the
society as a whole. VMRO-DPMNE-led sack of the Macedo-
For BiH though, this means that the nian parliament would be far more volatile
puritan and/or technocratic attitudes of and dangerous in BiH. And, indeed, greater
civil society will need to shift if the coun- international engagement (or, at least, reac-
try is to make a similar turnaround. Civil tion as with the U.S. Treasury Department
society cannot merely be in the business of sanctions15 of Milorad Dodik) can do much
monitoring government, nor can it forswear to prepare the social terrain for democratic
cooperation with all existing (and emerg- revolt and reform.
ing) parliamentary actors. Eventually, civil Threading the democratization-security
society will need to become involved in needle16 is thus delicate work, but we can-
(and, ideally, to lead) the contentious social not forget that without the former, the latter
movements that will open space for new is impossible. The best guarantee of lasting
actors and new options to emerge in BiH. security and stability in BiH and the West-
Simply, those who are not involved in poli- ern Balkans as a whole is the long overdue,
tics – be they the politics of the street or the bottom-up, civil society-led democratiza-
politics of parliament – abdicate their right tion of the region as a whole. This will, inev-
and ability to steer their own fates. itably, be primarily a domestic effort but
When such social manifestations (re) one whose eventual emergence is greatly
appear in BiH, as in Macedonia, the inter- assisted by the international community’s
national community will likely have to play appreciation and interest in the complexi-
a facilitating role; ensuring that entrenched ties of democratic and civil society struggles
elites respect and abide by the legitimate in such fractured authoritarian regimes.

15 "U.S. imposes sanctions on Bosnian Serb nationalist


leader Dodik", http://www.reuters.com/article/us-usa-
sanctions-bosnia-dodik-idUSKBN1512WI
16 Jasmin Mujanović, "South-eastern Europe’s descent
into chaos", http://www.ecfr.eu/article/commentary_
south_eastern_europes_descent_into_chaos_6017
20 modes and instruments of state capture 
capture state capture: how to save the Macedonian democratic consolidation and EU enlargement

state capture: how to save


the Macedonian democratic
consolidation and EU
enlargement
Zhidas Daskalovski

them to 208 million Euros. On the other


The achievement of state capture by the captors is a
hand, this revamping of urban space is
process rather than an event. While the process has ‘purposefully created to counter the Greek
been effectively stopped by removing the power from denial and the indifference of the interna-
the coalition government of VMRO-DPMNE and DUI, tional community to the Macedonian prob-
it is not clear if Macedonia will not fall back into state lems’. (Janev, 2011:34)
The Greek objections to the name have
capture because the democratic credentials of the new
negatively influenced the well-being of the
SDSM and DUI government are not much brighter. country. Macedonia was granted EU candi-
date status in 2005, and since 2009 the Com-
mission has consistently recommended
Some twenty five years after democratic that negotiations be opened. The European
reforms, Balkan citizens have grown tired Parliament has also incessantly supported
of electoral promises of a better life in the opening accession negotiations. Nothing
future. The long duration of the EU acces- has happened, mainly due to the objections
sion process and the declining level of by Greece to the country’s use of the name
foreign direct investment in the region ‘Macedonia.’ Greece objects to the use of the
heighten the feeling of indifference to the name ‘Macedonia’, arguing that Macedon
EU and the whole enlargement project, was an ancient Greek kingdom and Macedo-
influencing a political culture of outright nia is the name of a region of Greece adja-
hostility between government and opposi- cent to the former Yugoslav republic that
tion parties and authoritarian tendencies in bears the same name. A solution to the name
domestic politics. Some local elites are again issue remains elusive for all sides, including
turning to nationalism. In Macedonia, elites EU officials and the EU High Representa-
played with the emotions of the citizens tive for Foreign Affairs and Security Policy/
when they revamped the capital city under Vice-President of the European Commis-
the Skopje 2014 modernisation project, an sion Federica Mogherini. As far as starting
imposing initiative meant to raise national negotiations for membership is concerned,
pride and attract tourists. Using neoclas- beyond the Greek blockade over their objec-
sical and baroque architectural styles, the tions to the use of the name Macedonia, the
project included the construction of almost country faces a serious internal problem
20 new buildings, including museums, thea- regarding democratic consolidation.
tres, concert halls, hotels and administrative In February 2015, Macedonia became
offices, fountains, colonnades, footbridges immersed in a political imbroglio as the
over the Vardar, and Roman galleys on the Social Democrat opposition leader Zoran
riverbanks, all invigorated with a multi- Zaev began releasing recordings of illegally
tude of bronze and marble statues erected wire-tapped phone conversations. Prime
to adorn the surroundings. The costs of the Minister Nikola Gruevski and the Head
Zhidas Daskalovski project are disputed, the opposition claim- of the Intelligence Service Sasho Mijalkov
Professor of political science at
the Univesity of Kliment Ohridski, ing them to be as high as 500 million, while faced accusations that during the past few
Macedonia. the VMRO-DPMNE government rounding years they had secretly and illegally wire-
state capture: how to save the Macedonian democratic consolidation and EU enlargement  modes and instruments of state capture 21

tapped some 20,000 people, including


journalists, opposition leaders, business- endangered democracy
men, NGO activists, academics, religious
leaders, members of the judiciary, and Generally, democracy in Macedonia is
prominent intellectuals. The content of the gravely endangered. For some time now
wire-tapping conversations was disputed, all aspects of public life, from the bureau-
and criminal charges were filed against cracy to public enterprises to civil society
Zaev, including incitement to ‘overthrow have been politicized. Complaints of politi-
the constitutional order’, and ‘espionage cal dominance over the media system; the
and violence against top state officials’. For structural inefficiency of the public admin-
some time, all aspects of public life – from istration; the rising costs of entry into poli-
the bureaucracy to public enterprises to tics for new subjects; weak execution of the
civil society – have been politicised. The regulations concerning the public financ-
recordings augmented the fear that the sys- ing of parties; the de-facto arbitrariness of
tem of government has been designed with many decision-making processes excluding
the objective of maximising wealth, power, wide and efficient public consultation; citi-
and impunity for the benefit of particular zens’ lack of confidence in state institutions
groups and networks, rather than serving and the political class; the lack of awareness
the public interest. on the significance of the state and of con-
An agreement, brokered by the European tinuity in planning development policies,
Union and the United States, was worked on and the utilisation of public service for nar-
in June and July 2015. Early general elec- row party interests are not new phenomena.
tions in April 2016 were announced. From The feeling among citizens is that the sys-
20 October 2015, a transitional government tem is designed with the objective of maxi-
was installed including the two main parties, mizing wealth, power, and impunity for the
VMRO-DPMNE and the Social Democratic benefit of particular groups and networks,
Union (SDSM). A new special prosecutor rather than serving the public interest. Since
was appointed to investigate alleged crimes 2015, among many in Macedonia a wide-
implicated by the wiretapping scandal. As spread ‘sense of impunity’ of the VMRO-
part of the agreement, Gruevski resigned in DPMNE and DUI officials exists, amplified
January 2016. The investigation into Gruevski by a long-standing absence of alternation
and other politicians from VMRO-DPMNE in government. The feeling is that Prime
was stopped in April 2016 by a pardon Minister Gruevski and his associates have
issued by the President Gjorge Ivanov, which learnt to maximize wealth and power for
resulted in several protests. VMRO-DPMNE their own benefits, while practising a large-
allegedly did not agree with his action. Zaev scale extraction of resources from the soci-
supported the protests to overturn Ivanov’s ety and employing part of these resources
pardon, which were referred to by some as through clientelism. All of these actions are
the "Colorful Revolution." The protesters seen as being taken in order to ensure that
demanded that the government resign, that they remain in their positions, as well as to
a technical government be formed, and that ensure their financial gain and impunity:
the parliamentary elections planned for 5 direct influence on the judiciary, including
June 2016 be cancelled, on the grounds that dismissing criminal charges against govern-
the conditions for free and transparent elec- ment ministers, appointment of party-loyal
tions are not in place. The government and judges, influence on the media, selective
its supporters, who have organized pro- prosecution of political opponents, mass
government rallies, maintained that the electoral fraud during past elections using
elections on June 5 were the only solution to fictional voters, fake ID cards, buying votes,
the political crisis. Finally, early parliamen- registering up to 50 such voters at individual
tary elections were agreed upon and were addresses and instructing them to vote for
held on 11 December 2016. The elections the ruling party, intimidation of public serv-
produced inconclusive results as the ruling ants, including threats to fire them if they do
party won 51 of the 120 seats in parliament not vote accordingly, attempts to steal elec-
and the SDSM 49, both proclaiming victory tion material, misuse of the police and pub-
and insisting they would form the new gov- lic administration for the party agenda, and
ernment, which SDSM indeed did in June pressure on individuals and firms.
2017, concluding a coalition agreement with
two ethnic Albanian parties.
22 modes and instruments of state capture 
capture state capture: how to save the Macedonian democratic consolidation and EU enlargement

If we take the standard definition of


"state capture", that "it occurs when the what should be done
ruling elite and/or powerful businessmen
manipulate policy formation and influence What should be done? For one, we need
the emerging rules of the game (including to return politics to a sense of normality and
laws and economic regulations) to their decency. Being a politician must not confer
own advantage" (Hellman et al, 2000) and special privileges. Politicians must not abuse
that the distinguishing feature of state cap- the system, and need to consider humility
ture is a high level of secrecy, then we can and accountability as virtues. Macedonian
easily confirm that the rule of the previous politicians should not enjoy extraordinary
government fits in this category. The wire- incomes; neither should they enjoy various
tapping scandal took away the secrecy. hidden privileges as they do at present. (e.g.
The extent of state capture in a country is extra income from membership in various
assessed by identifying and distinguish- supervisory and governing boards, extrava-
ing between the different types of state gant travel expenses and per diems, unlimited
institutions that are deemed to have been or unaccounted usage of publicly paid-for
captured. For example, in one country one mobile phones, automobiles or meals in res-
or just a few of the various arms of govern- taurants). Politics in Macedonia must be an
ment and its state-owned enterprises may open and transparent activity, where public
be captured, while in others the number goods are not used for private or party ben-
may be higher. This gives rise to the concept efits during electoral campaigns and beyond.
of ‘degrees’ of state capture ranging from Integrity means playing by the established
partial to complete. This means that the rules, not subverting them, even for the sake
achievement of state capture by the cap- of ideological or party gain. Politicians are
tors is a process rather than an event. While elected by the citizens to make decisions on
the process has been effectively stopped the basis of evidence-based policy research
by removing the power from the coalition conducted by public servants in cooperation
government of VMRO-DPMNE and DUI, it with analysis by experts from think tanks,
is not clear if Macedonia will not fall back universities, trade unions, employers’ asso-
into state capture because the democratic ciations, business associations and civil soci-
credentials of the new SDSM and DUI gov- ety activists, and in communication with the
ernment are not much brighter. citizens. Politicians are not elected to seclude
themselves and base their decisions on their
own or party interests.
Macedonians of all creeds must demand
further democratization of the political
parties. Ethnic parties should adopt more

"lion and fountain" by Franco Pecchio, CC-BY-NC-NC-2.0


state capture: how to save the Macedonian democratic consolidation and EU enlargement  modes and instruments of state capture 23

Given the problems witnessed with the wire-tapping affair, various forms
of participatory democracy should be taken into consideration. Overall,
participatory budgeting which allows the citizens to participate in the con-
con-
ception and/or allocation of public finances should be an aim. Doing so will
encourage Macedonians to become part of the ‘public sphere’ rather than
to remain mired in the civic disengagement and apolitical cynicism that
seems to have plagued our political systems in recent years

nuanced party platforms based on political informal pacts between contending politi-
ideologies rather than solely on advancing cal actors can move relations from a stage of
particular kin interests. The electoral system disruptive confrontation to one of respect-
must not only take into consideration the ful, consensus-based political competition
role of women, going beyond the current between elite groups. This is needed in Mac-
30% quota, but also present citizens with edonia as soon as possible.
choices to elect candidates on the basis of Furthermore, given that there are typical
individual virtues, perhaps using the open problems related to corruption and politi-
electoral roll model or a combination of cal/party influence on the independence of
a majoritarian and PR system as used in public institutions, the media, and the elec-
Germany. To reduce inter-ethnic tensions, toral processes, Macedonia should focus
the electoral system should induce ethnic on strengthening the independence and the
accommodation, for example, vote pooling competences of several public institutions
could be used in local or presidential elec- that can influence the mentioned problem-
tions. Through vote pooling, politicians in atic areas. These include: the State Audit
a heterogeneous society seek support out- Office, the Media Regulatory Body, the Pub-
side their own group in order to win elec- lic Broadcasting Service (MRT), the Ombud-
tions and voters exchange votes across sperson’s Office, the Public Prosecutor, the
group boundaries. Transparency of the elec- Anti-corruption Commission, the State
tions must be raised both in terms of party Electoral Commission, the Commission on
financing and media coverage. Freedom of Information, Anti-monopoly
Macedonian politicians have for a long Commission, and the Commission for Pro-
time disagreed about government institu- tection from Discrimination. One could
tions, engaged in fighting for dominance, envision a system of election/appoint-
and held a "winner takes all" attitude. It is ment of officials in these bodies through a
imperative for political and social actors majority vote in the parliament where, for
to understand that the consolidation of example, the nominations would be con-
democracy comes through cooperation firmed by a strong majority and the candi-
not based on self-interest but on society- dates would have very strong qualifications.
oriented interests. In order for democracy Among other things, the strengthening of
to consolidate, it is imperative for political the efficacy and the role of said institutions
parties and politicians to show political will will influence the fairness of elections. Con-
in negotiations and institution-building ducting free and fair elections, whereby vot-
beyond petty and temporary interests. ing will not be disputed by any party, should
Politicians in Macedonia must compre- be a priority for the near future.
hend that the consolidation of democracy A key aspect of this engagement is to
depends on elite consensus and cooperation. improve monitoring and evaluation of pub-
A critical step for successful democratisa- lic policy-making in general. Macedonia
tion is the transformation of divided elites should move from traditional monitor-
into consensually unified ones through ing which focuses on implementation, i.e.
a settlement of the elites’ basic disputes. tracking inputs (money, resources, strate-
An elite pact, settlement or political set- gies), activities (what actually took place)
tlement is a "relatively rare event in which and outputs (the products or services pro-
warring national elite factions suddenly duced). This approach focuses on monitor-
and deliberately reorganise their relations ing how well a project, programme or policy
by negotiating compromises on their most is being implemented, and is often used
basic disagreements". (Burton and Higley, to assess compliance with work plans and
1987:295) Alternatively put, formal and budget. The government should begin using
24 modes and instruments of state capture 
capture state capture: how to save the Macedonian democratic consolidation and EU enlargement

results-based monitoring, which involves Consequently, Macedonia must imme-


the regular collection of information on diately thoroughly improve fiscal trans-
public policy performance. Results-based parency – the comprehensiveness, clarity,
monitoring demonstrates whether a given reliability, timeliness and relevance of pub-
law, programme or policy is achieving its lic reporting on the past, present, and future
stated goals. However, this should not be state of public finances – it is critical for
used as an incentive for further enlargement effective fiscal management and account-
of the public administration but should be ability. It helps ensure that governments
performed through reforming its present and the public have an accurate picture of
capacities and efficiency measures to fit the public finances when making economic
new results-based monitoring approach. It decisions, including the costs and benefits
will inevitably need the establishment of a of policy changes and potential risks to
monitoring and evaluation framework that public finances. The current crises revealed
is currently lacking, as well as that civil serv- problems that originate from the lack of
ants acquire certain sets of skills, as well pre-budget statements and therefore a lack
as for public managers to require a level of of debate in Parliament; concerning the
knowledge and awareness for results-based central budget, lack of citizens involvement
monitoring framework to be enforced. with the budget and therefore user-friendly
Performance-based monitoring, evalu- information sharing on the budget with
ation and budgeting must include system- ordinary citizens; absence of reporting on
atic and continuous data collection on public debt in the budget document and so
public policy implementation for perfor- on. The separate reporting of external public
mance measurement, and it must include debt is not sufficient; it needs to be included
indicator values against which progression in the budget as it is financed and admin-
towards meeting targets can be measured istered through the budget, and it needs
in line with the objectives set. Furthermore, to include debt not just towards external
it should facilitate adjustments and adapta- financial institutions but also commercial
tions, thus making for more effective public lenders. Fiscal transparency should provide
policy management. This facilitation of full- legislatures, markets, and citizens with the
fledged monitoring and evaluation through information they need to hold governments
consensus and capacity development – accountable.
with a view to increasing the efficiency and By joining the Open Government Part-
effectiveness of public policies – should be nership, the government of Macedonia has
a priority. Regulatory impact assessments pledged to continuously improve itself on
and other steps and commitments to per- the foundations of open, transparent, reli-
formance-based budgeting already pre- able and efficient government institutions
suppose strategic planning for targets and that communicate and cooperate with the
indicator-based measurement. Pertinent to citizens. The obligations of transparent
the success of the results-based models of implementation of government activities
policy-making is time, for deliberation, for as well as inclusion of NGOs are proclaimed
implementation, for adjustment and meas- priorities that should be put into practice.
urement of impact and results. The style of It is imperative that the civil sector is more
governance promoted in the last decade actively used in policymaking processes.
was rather contrary to this, marked by unin- Macedonia needs to develop a culture of
clusive policymaking due to the lack of time, inclusion and respect for the rights of all
emergency procedures for adoption of new citizens in the policymaking and decision-
legislation successfully hidden behind the making processes, including the adoption
need to meet the pressures of accelerating of laws and access to information. Better
EU accession. Therefore, a new government enforcement of the Law on Free Access to
should take it slowly, define several results Information of a Public Character should
per sector and devote a period of time for also be a priority, especially providing data
implementation that will allow time for to citizens first hand so that there is no
measurement of results and deliberation actual need that one should use this Law to
on new policy solutions. Due to the cur- ask for certain information.
rently low capacities of the government The reform of the judiciary should be a
for monitoring and evaluation and perfor- continuous process, important now as in
mance budgeting, such improvements can the long run. Enforcement of anti-corrup-
be bridged by the inclusion of independent tion legislation requires an efficient, pre-
experts and civil society actors. dictable, and accountable judiciary, able to
state capture: how to save the Macedonian democratic consolidation and EU enlargement  modes and instruments of state capture 25

hold the executive accountable under the Given the problems witnessed with the
law, and to interpret and enforce the terms wire-tapping affair, various forms of par-
of the constitution. The independence of ticipatory democracy should be taken into
the judiciary from direct undue interference consideration. Electronic participation
in adjudication by the government and the at the problem-defining level if not at the
power to enforce its rulings are crucial in strategic planning and budgeting processes
the anti-corruption efforts. In this matter, should be an aim for citizens to be able to
enforcement of rulings is the key issue and effectively engage on the local level. Over-
Macedonian government must consent to all, participatory budgeting which allows
provide the resources needed for enforce- the citizens to participate in the concep-
ment. Given its stature, the Constitutional tion and/or allocation of public finances
Court could contribute more to the devel- should be an aim. Doing so will encourage
opment of public policies. Macedonians to become part of the ‘public
Macedonians must also insist on deep- sphere’ rather than to remain mired in the
ening the decentralization processes. Deep- civic disengagement and apolitical cynicism
ening the principles of equitable and just that seems to have plagued our political sys-
representation defined within the Ohrid tems in recent years. Such citizen engage-
Framework Agreement to the municipal ment will increase social justice by involving
level in combination with moderated elec- the poor and excluded, and help individuals
toral campaigns as envisioned above should become better citizens through oversight of
have a reconciliatory effect on inter-ethnic public spending, thereby helping to reduce
relations in the country. Macedonia should corruption and cronyism, empowering a
focus on the implementation of the Strategy more diverse range of political activists,
on Integrated Education and have a more reducing elitism and clientelism and, in the
proactive approach in order to ensure the end, providing citizens with greater access
ethnic, cultural and linguistic identities of to basic services and improved living con-
all communities, lowering the threshold of ditions (Moynihan 2007). Overall, if put
20% for official use of minority languages. in place, these reforms and processes will
This threshold is one of the contentious greatly contribute to the strengthening of
points hovering over the census-taking pro- the democratic consolidation of Macedonia
cess. and improve its readiness in the EU enlarge-
ment process.

references
Burton, M., and Higley, J., ‘Elite Settle-
ments’, American Sociological Review,
Vol. 52, No. 3, June 1987
Janev, G., ‘Ethnocratic remaking of
public space – Skopje 2014’ in EFLA
Journal: Political Implications of the
Urban Landscape, 1, 33-36, European
Federation for Landscape Architec-
ture, 2011
Moynihan, Donald P. (2007) ‘Citizen
Participation in Budgeting: Prospects
for Developing Countries,’ in Shah,
Anwar (2007) Participatory Budgeting.
Washington, DC, World Bank
26 modes and instruments of state capture 
capture judiciary as a mechanism of state capture: external actors, party patronage and informality

judiciary as a mechanism of state


capture: external actors, party
patronage and informality
Arolda Elbasani

The actual state of the judiciary as an enabler of corruption, crime and


abuse of office is a result of widespread party patronage and rampant
informality that characterized the decades of messy transition.

During the last three years, Albanians have issue into the core challenge of his govern-
been busy discussing a large scale judiciary ing program. A last minute pre-electoral
reform. This would be the most comprehen- agreement involving concessions for the
sive reform after the initial reshuffling of the opposition parties in May 2017 seemed to
communist-inherited system early into the bring boycotting sections of the political
transition. The project aims to depoliticize spectrum to the negotiating table again, but
the ranks of the system but also check indi- the future prospects of reform are all but
vidual judges for links to corruption and certain.
organized crime, a strong feature of the Evidence of the relationship between
evolving post-communist system. The cen- the judiciary, crime and political misdeeds
tral plank of reform consists of an interna- Accumulated evidence on the function-
tionally-led mission with the capacity to vet ing of the Albanian post-communist judicial
the individual members of the judiciary. system leaves no doubt that it has gradually
Wide popular support for reforming the turned into a mechanism facilitating state
system, with the help of an international capture. The data on judiciary corruption
mission, draws on ample evidence that the are particularly scary: 80% of Albanian
judiciary has gradually degenerated into a career judges can’t justify their own decla-
corrupt corporation that stands on two pil- rations of assets.2 Perhaps shocking for any
lars – deep politicization and links to organ- career judge in the world, their Albanian
ized crime.1 Given the documented links counterparts record ownership of substan-
judiciary-politics-crime, any reshuffling of tial business shares, real estate properties,
the judiciary is expected to trigger resist- thick bank accounts, dynamic movements
ance from powerful players, who have built in their property portfolios and luxurious
their careers and of course immense wealth life styles.3 The discrepancies within such
on such underground connections. declarations, let alone with undeclared
Indeed, the entire process of negotiat- assets, tend to escape any judicial scru-
ing and setting up the vetting process was tiny thanks to the cooperation of their col-
hindered at each and every stage by vari- leagues within the system.
ous parties in the Albanian parliament. The
current Prime Minister, Edi Rama, has been
2 B. Likmeta, (2016) The Integrity Gap, http://www.
a vocal advocate of reform and turned the
balkaninsight.com/en/article/the-integrity-gap-albania-
s-appeals-court-judges-asset-disclosures-raise-red-
1 BTI (2016) Albania Country Report, https://www. flags-06-16-2016 (Accessed May 2017).
Arolda Elbasani bti-project.org/fileadmin/files/BTI/Downloads/Re- 3 Bakillari, (2016) Albanian Judges’ Wealth Escapes
Center for European and Mediter- ports/2016/pdf/BTI_2016_Albania.pdf (Accessed Scrutiny, http://www.balkaninsight.com/en/article/
ranean Studies, NYU May 2017). albanian-judges-suspicious-wealth-escapes-scrutiny
judiciary as a mechanism of state capture: external actors, party patronage and informality   modes and instruments of state capture 27

Yet, Albanians have learned from the privatization process. The High Court of
media explosive information on what might Justice, another important institution that is
explain at least some of these sources of usually filled with political appointees and
wealth: renowned ‘international’ criminals thus has a reputation for serving as a politi-
– killers, pimps, drug dealers and leading cal instrument,6 effectively closed down
capos of organized crime – are frequently further investigations. A parliamentary
released during various stages of "due" committee led by the ruling party, which
process. In a recent 2016 case, a notorious was in opposition when the privatization
prisoner accused of several killings, inter- was concluded and therefore interested
national drug trafficking and orchestrating in disclosing irregularities, continuing to
businesses racketeering schemes, activities investigate the involvement of key political
which the police found he continued to pur- figures – several then-ministers, then PM,
sue from prison, was pardoned for "good his son, and other state officials in the affair.
behaviour". Various judges involved in his Accordingly, a third person who mediated
decade-long processes had already given the deal received a 7 million Dollar trans-
him minimal fines and then systematically fer for "consultancy", a sum he withdrew in
shortened his term in prison, decisions cash soon after the deal. The same "consult-
which went through and involved various ant", who is neither a public official nor any
levels of the judiciary. The US ambassador, kind of noted expert in the field, had regis-
then actively involved in the ongoing judici- tered around 100 calls with the then-PM as
ary reform, didn’t mince his words: "I want far back as 2006. Neither the recorded calls,
to say to the corrupt judiciary that this is nor red-light transfers, nor disclosed com-
an unacceptable decision." Other cases of munications and meetings between the
judiciary corruption exposed in the media "consultant", Albanian politicians and their
indicate paying judges in "cash" for favour- relatives, proved sufficient for the Albanian
able rulings; transferring of state-registered judiciary to further investigate the case;
properties to private claimants; robbing the indeed, it was a demonstration of how the
state with harsh penalties when the state is judiciary often serves to cover up rather
a party; deciding in favour of corrupt busi- than disclose political corruption.
nesses, soliciting sexual favours, and, in
general, doctoring decisions based on who
offers the highest price. Indeed, surveys party patronage and
show that Albanians rank the judiciary at informality
the top of the most corrupt institutions.
Another pertinent feature of this post- How did we get here and why the judici-
communist model of the judiciary is its per- ary became a key node of state capture by
sistent obstructing and ultimately closing of particular political and criminal interests is
all cases of abuse of power, an indicator that crucially important to assess the evolving
it is the politics that pulls the strings of the resistance and actual stalling of internation-
system.4 So far, all high-level cases of abuse ally-sponsored reforms that aim to overhaul
of public office were delayed, obstructed, the system.
and ultimately closed without proper per- The actual state of the judiciary as an
secution.5 How politically "delicate" cases enabler of corruption, crime and abuse of
end up nowhere is illustrated by the evolu- office is a result of widespread party patron-
tion of a 2016 case on the privatization and age and rampant informality that character-
subsequent collapse of the Albanian Power ized the decades of messy transition. From
Distribution Company, the so-called CEZ the very start of regime change, Albanian
affair. The Attorney General, historically a political parties have treated the state as a
key political appointee, who enables cen- piece of property to be distributed among
tralized political control over active inves- respective militants and loyalists without
tigations, refused to look further into a file any consideration of professional cre-
documenting potential abuses by around dentials or requirements for the job.7 The
10 then-state officials involved in the 2009 recruitment of political militants and loyal-

4 Elbasani, A. and Šelo Šabić, S. (2017) Rule of law, 6 Ibid.


corruption and democratic accountability in the 7 Elbasani, A. (2009). ‘EU Administrative Condi-
course of EU enlargement. Journal of European tionality and Domestic Downloading: The Limits of
Public Policy, http://www.tandfonline.com/doi/abs/10. Europeanization in Challenging Contexts’, Berlin: KFG
1080/13501763.2017.1315162 Working Paper Series, no. 2. http://www.ssoar.info/
5 BTI 2016. ssoar/handle/document/36563 (accessed May 2017).
28 modes and instruments of state capture 
capture judiciary as a mechanism of state capture: external actors, party patronage and informality

the system. Those candidates who went


against the party line even when they were
party affiliates and nominees – the chair of
the High Court in 1994, the attorney general
in 2007 and again the attorney general in
2013 – were purged from their posts never
to be able to enter the system again.10
In addition to the initial placing of loy-
alists without professional qualifications
throughout the system, the same "anti-
communist" establishment that ruled in
the period 1992-1996 and again in 2005-
2013 managed to keep hold of the judicial
appointments and promotions by control-
ling the presidency of the country. Out of 5
post-communist presidents, 4 were nomi-
nated by that specific party and 3 came
from the narrow circle of its leadership.
"judiciary" by Yara Kassem, CC-BY-NC-2.0
These politically affiliated presidents who
ists in key state institutions – privatization were also in charge of appointments in the
boards, public companies, the judiciary, judicial hierarchy made sure to promote
security services, public administration, convenient candidates, thus creating an
constitutionally independent entities, and informal institutional network that carried
even the academic system – was instru- out the party patronage line. Because of its
mental in controlling the spoils of the state. control of the presidency, all attorneys gen-
The initial stages of transition, when the old eral but one were appointees of the same
institutions had collapsed and the new ones party, and so were all leaders of the High
were yet to emerge, provided particular State Control, nominations which echoed
"openings" for party oligarchs to infiltrate the party agenda across state institutions.
their militants into the institutional hierar-
chy of the state.8
The judiciary was particularly vulner- the feeble role of
able to infiltration by party cronies because international actors
of its potential role in disclosing and under-
mining such schemes. Hence, the "initial" Given the actual state of the judiciary and
reforms undertaken in the period 1992- its deep, although informal, enmeshment
1994 made sure to remove around 80% withpolitics, any reforms to clean up its
of the old personnel, who were branded ranks would require the involvement of
communist collaborators without scrutiny international structures. However, whether
into their credentials or collaboration with the international community can succeed in
the regime. The new batch of judges that pushing forward the ongoing reform is quite
replaced the old ones were drawn from the uncertain given the poor record of interna-
militants of the anti-communist umbrella tionally-led institution-building experi-
party, the Democratic Party, which won ences so far, as well as the inbuilt problems
the first free elections in 1992. This group of external projects and the shelf-life of
of judges were hastily trained through a institutional transfers across the region.
legal course of 3-6 months before being In the case of Albania, the international
catapulted into key positions of the judicial community has long been involved and to
hierarchy.9 Given that the new contingent some extent implicitly liable for the state
lacked education, expertise or any other of the judiciary. After the collapse of state
professional qualifications, they served authority in 1997, various bodies of the
party patronage schemes to advance their international community took over a lead-
careers. Moreover, the incoming batch of ing role in initiating, negotiating and spon-
political loyalists could control promotion soring major institutional reforms.11 After
of judges, allocation of cases and generally 2000, the European Union emerged as the
who was to be included and excluded from leading actor, and EU integration a con-

8 F. Abrahams, Modern Albania, From Dictatorship to


Democracy in Europe, NYU Press, New York 2015. 10 Ibid.
9 Elbasani and Šelo Šabić, S., 2017. 11 Abrahams, 2016.
judiciary as a mechanism of state capture: external actors, party patronage and informality   modes and instruments of state capture 29

Most financial assistance has focused on technical capacities while ignor-


ignor-
ing the dimension of impartiality, such as independence, corruption and de
facto separation of institutions in focus. Much of the assessment conducted
under the auspices of international bodies moreover focuses on one-shot,
quick and formal assessment of newly built institutions while ignoring the
informal and ongoing patronage schemes that keep these new institutions
hostage to politics.

sensual agenda against which the country’s sion of impartiality, such as independ-
progress and stagnation are measured. In ence, corruption and de facto separation of
this context, the EU was in the position to institutions in focus.13 Much of the assess-
set the priorities, assess relevant reforms, ment conducted under the auspices of
use various diplomatic channels to push for international bodies moreover focuses on
its priorities, and spend substantial funds in one-shot, quick and formal assessment of
target areas of EU integration.12 The judici- newly built institutions while ignoring the
ary and other rule of law institutions have informal and ongoing patronage schemes
actually received the lion’s share of external that keep these new institutions hostage to
assistance and of EU funds in particular. politics. Hence, most external reporting on
Since 2005, the EU has also poured assis- the issue remains at the superficial level of
tance on a specific international mission formal change and fails to dig deep into the
dedicated to "the development of a more actual links, actors and historical processes
independent, impartial, efficient, profes- that enable judiciary corruption.
sional, transparent and modern justice A related problem has to do with the
system in Albania". The so-called Euralius life and nature of international projects.
mission is still going strong in its 5th exten- Most projects have a specific timespan and
sion. Other projects, funds and advice are concerned with spending the allocated
related to the judiciary kept coming in funding while recording a list of demonstra-
within the framework of other international ble outputs within that specific time period.
organizations, including the Council of Few projects had a long enough timespan
Europe, OSCE, World Bank and other foun- to evaluate how the new institutions func-
dations. Such focus on rule of law enabled tioned, whether they have changed and/or
streams of well-paid international experts were replaced after the project has ended.
to suggest new rules, procedures and insti- Besides, most international consultants
tutional arrangements. Many projects were employed by such projects are interested
successfully concluded and huge amounts in skipping from one position to another
of assistance, some of which given as loans, instead of delving into the mud of long-
were successfully spent. Although the coun- term informality and corruption, which
try received plenty of advice, legal templates would probably also put them on bad terms
and actual financing and projects, the for- with domestic politicians whose support
mal institutions and laws resulting from they need to pursue yet other consultancy
these projects were continuously made and appointments and projects. Certainly, the
unmade with little effect in curbing political usual reporting on general institutional
control over, and corruption of the judiciary. changes that only skim through the surface
A crucial problem of why such interna- of reform is more rewarding than delving
tionally-led campaigns have failed to make into how and why those institutions are and
a real change is related to the technicalities remain captured.
of funding. As Martin Mendelski suggests Last but not least, the international com-
on the basis of comparative evidence from munity often proved rather weak to consist-
South-East Europe, most financial assis- ently push for its initiatives and counteract
tance has focused on technical capacities domestic strategies of resistance. In the case
– better infrastructure, improved payment of judicial reform, the EU and US sponsored
schemes, clear institutional procedures, the entire legal package and preparatory
training etc. – while ignoring the dimen-
13 Mendelski, M. (2015) ‘The EU’s pathological power:
12 Elbasani, A. ed., European Integration and Transfor- the failure of external rule of law promotion in
mation in the Western Balkans: Europeanization or South Eastern Europe’, Southeastern Europe 39(3):
Business as Usual? Routledge, Abingdon 2013. 318–346.
30 modes and instruments of state capture 
capture judiciary as a mechanism of state capture: external actors, party patronage and informality

works. They were also behind the political The Brussels officials proved less deter-
negotiating processes and arranged a "con- mined to name and shame sources of resist-
sensual" adoption of the necessary constitu- ance. Instead, they reached for a "political"
tional changes on June 2016. Yet, secondary offer, which left it to the parties to appoint
legislation necessary to implement the con- members of the vetting commissions, a con-
stitutional changes was still blocked and cession that played into the parties’ interest
delayed for another year. The exchanges in keeping control of the system. Even with
between the US ambassador and the Alba- such concessions, the creation of vetting
nian Attorney General bring some clarity structures didn’t go through until a US high
on the type of resistance. According to the official could broker a pre-electoral agree-
Ambassador: "for 18 months, the Attorney ment that brought all parties to the negotiat-
General has spoken persistently and loudly ing table again. In another twist that shows
against reform. … Luckily, those who drafted how strong the anti-reform block is, while
the reform have foreseen that powerful the parties were seemingly working on the
authorities would attempt to manipulate the vetting structures, the Albanian Association
new [vetting] councils." Few days before the of Judges appealed the vetting law to the
frank exchange, the US embassy had revoked Constitutional Court. The court had already
the US visas of 23 key members of the judi- checked and arguably watered down some
cial hierarchy. The Attorney General blamed of the key articles of the respective law dur-
ambassador’s declaration as "Sorosian pres- ing a previous appeal. Given that the coun-
sure to manipulate the public opinion." try will hold general elections in June 2017*,
To leave no doubt as to who stands behind the progress of reforms will largely depend
his blames, the Attorney General rushed to on the configuration of the future parlia-
write a letter of "complaint" and then meet ment, but also on the determination of the
the president-elect and the chair of the par- US and EU actors to counteract strategies of
liament, both coming from parties that had resistance from powerful actors who have
entrusted him with that position and had everything to lose from a proper vetting of
actually used all institutional means to block the judiciary system.
reform, particularly the vetting process.

* the final version of the article was submitted in mid


June (editor’s note)
Serbia: hijacked and appropriated state  modes and instruments of state capture 31

Serbia:
hijacked and
appropriated state
Đorđe Pavićević

The concept of appropriation came up in recent political discourse in


Serbia as a means of characterizing the particular kind of rule practised
by the Serbian government. It is related to efforts of the ruling elite to ex-
ex-
clude all means of utilising state authority and institutions other than those
that work in the interests of the owners (the ruling elite) and their employ-
employ-
ees (supporters), as well as the means of utilising them that are used for
the delegitimization of their rivals.

During the last three decades, the failures of capture are not comprehensive enough
Serbian state were interpreted in different to capture all important elements of the
ways. The most popular thesis during the new style. They comprise many important
last decade of the twentieth century was the aspects, but they leave many important fea-
one that held that Serbia is an unfinished tures out of sight.
state, famously advanced by the philoso- A more precise qualification of the
pher and first democratic Prime Minister Serbian state could be given in terms of a
of the Republic of Serbia Zoran Đinđić. It hijacked and appropriated state. The con-
was further developed by political theorists cept of hijacked state is rarely used in politi-
Milan Podunavac and Nenad Dimitrijević, cal analysis. To my knowledge, it is used in
and historian Latinka Perović. The concept analyses of ruling elites in some African
of unfinished state refers to the discrep- states (John Prendergast) and as a charac-
ancy between norms of political integration teristic of several American administrations
and the institutional structure of the state. (Robert F. Kennedy Jr., Charles H. Ferguson,
A consequence of this failure is the emer- Gail Collins). The concept refers to the state
gence of a so-called dual state, one that in which "rulers use state authority, institu-
acted through the official state apparatus, tions, and deadly force to finance and fortify
and another, which relied on non-state and crony networks. In these states, corruption
unofficial agents and networks. During the is not an anomaly – it is the foundation
first decade of the XXI century, the main of the intended system." The concept of
cause of the failure of the state was seen in appropriation is used here in the ordinary
the extensive influence of political parties, legal meaning of "to make one’s own" and
particracy. Political parties and their elites "to set (something) apart" for particular
were blamed for usurping and abusing insti- use. Although the concept of appropriation
tutions, public resources, state services, etc. is familiar in political theory in the context
Since the elections of 2012 and the change of critique of neoliberal policies and market
of government that followed, political sci- practices, I am not familiar with the usage of
entists and analysts have been reluctant to the concept of appropriated state. The con-
Đorđe Pavićević
characterize the new style of rule. The usual cept came up in recent political discourse in Professor at the Faculty of
conceptions of authoritarian rule or state Serbia as a means of characterizing the par- Political Science, Belgrad
32 modes and instruments of state capture 
capture Serbia: hijacked and appropriated state

ticular kind of rule practised by the Serbian


government. It is related to efforts of the The leader of the ruling party in
ruling elite to exclude all means of utilising Serbia built a powerful party or-
or-
state authority and institutions other than ganization which is able to hijack
those that work in the interests of the own-
the state and its institutions and
ers (the ruling elite) and their employees
(supporters), as well as the means of utilis- to use its resources to benefit
ing them that are used for the delegitimiza- ruling elites and their supporters.
tion of their rivals. All of them are included in the
There are at least two advantages to organized political enterprise of
using the concepts of hijacking and appro-
hijacking the state and protect-
protect-
priation in relation to the Serbian state.
First, unlike the concept of state capture, ing the loyalty network. For this
these concepts do not presuppose a clear reason, the future of democracy
and simple division of labour between state in Serbia is not guaranteed; the
actors and private interests. According to a prospects that the Serbian state
simple picture of social division of labour,
would became a consolidated
failure of the state is seen in systemic influ-
ence of private interests on the political
democratic state are even more
decision making process. The supposedly gloomy given the international
neutral state is corrupted by illegitimate environment and support that
trespassing between different spheres of the current government is win-
win-
action. In this case, it all depends on where
ning from important internation-
internation-
one draws the line it is illegitimate to tres-
pass. This line is not always clear, especially
al actors interested only in the
in the cases of governments with ambitions stability of the region.
to transform society. Representatives of the
Serbian Government often use messianic
rhetoric to describe their historic mission appropriation of the state
in changing the society, people, habits, etc.
The distinction between public and private In order "to set aside" public resources
interests is of little use in evaluation of great for the purposes of promotion of partisan
political and historic missions. The second interests and interests of their own leader
advantage of using this terminology is that Aleksandar Vučić, the SPP launched an
it provides a useful conceptual framework aggressive campaign to delegitimize and
for analysing the formation and protection criminalize political opposition. The main
of "crony networks" that are created in order target was the previous ruling party, the
to put public resources and state services Democratic Party (DP). Ninety-seven party
under control. officials, members of the DP were arrested
The Serbian state is analysed as an or incriminated for various forms of politi-
appropriated and hijacked state in two dif- cal corruption in the first three years of the
ferent ways. First, after the parliamentary new government’s rule. Only a few of them
elections of 2012, and the forming of the were officially charged for corruption, and
new ruling coalition with a thin majority, the only one case has been adjudicated in the
largest party in the ruling coalition, the Ser- first degree. Nonetheless, arrests were usu-
bian Progressive Party (SPP), monopolized ally carried out in spectacular police actions
the political arena and appropriated pub- with designated names and with extensive
lic resources for the purpose of running an media coverage. This is only one example of
incessant political campaign in favour of the maltreatment of political opposition. Most
party leader, as well as a campaign against members of opposition parties were forced
the political opposition and non-partisan to become passive or to change affiliation in
rivals. Second, after the parliamentary elec- order to save their jobs or to keep their posi-
tions of 2014, the SPP formed a supportive tions. It is estimated that one third of all offi-
loyalty network built on massive employ- cials in local municipalities were previously
ment of its members in state institutions members of parties that are now in oppo-
and state-owned companies, severe abuse sition. The remaining membership were
of institutions for partisan purposes, and treated as enemies of the state or as rem-
the politics of social insecurity for those who nants of the old, corrupt regime doomed to
were disloyal or disobedient. disappear.
Serbia: hijacked and appropriated state   modes and instruments of state capture 33

The other way of excluding the opposi- a) Employment of party members in


tion and other rivals from the public arena state institutions and state-owned
was colonizing and strict control over most companies. The favourite method of
of the media space, including the flow of recruiting new members and keep-
information on web sites. Journalists were ing them under control is promising
intimidated for their critical view of the gov- the possibility of employment and
ernment, and some of them were severely social advancement due to active
punished by losing their jobs. The financing party membership. Almost no other
of media companies is an extremely sensi- precondition is necessary except loy-
tive question because almost all of them alty to the leadership. This method of
are heavily dependent on public financing, recruitment and disciplining mem-
advertising by state-owned companies and bers has been improved to perfection
cooperation with advertising agencies that by the SPP leadership. Prospects for
are regularly managed by persons close to employment or promotion are most-
the government. A paradigmatic case was ly dependent on contributing to the
the cancellation of the most popular and electoral results, on praising the party
longest-lasting political talk show in Serbia, as a successful organization, as well
"Utisak nedelje" [Impression of the Week], as publicly expressed loyalty to the
broadcast on the private TV station B92. The party leadership. Keeping the job or
contract with the author and producer was position safe is likewise dependent on
annulled at the owner’s expense. The whole contributing and loyalty. In order to
operation of cancellation was accomplished keep the membership active, their po-
without a legal ban being issued and with- sitions are usually temporary. For ex-
out visible political interference. What is ample, in state-owned companies in
mysterious about it is that the cancellation Serbia, 21 out of 37 directors are act-
was against the commercial interest of the ing directors whose contract duration
media company, to broadcast such a popu- is sometimes as short as 3 months,
lar and influential talk show, concerning and the government renews them af-
that the author’s only "offence" was that she ter the designated period expires.
was critical of the Government and espe- b) Selective justice and impunity. High-
cially the Prime Minister. ranking officials and active members
The absence of credible and effective enjoy a high degree of impunity con-
opposition along with effective control over cerning legal prosecution, provided
publicly broadcast information allowed the that their deeds were done in order
ruling party to appropriate state resources to promote the party and its leader-
and use them at its own will and as if they ship. The most prominent examples
were its own. are the Helicopter case and the Sava-
mala case. At least two Ministers were
hijacking the state involved in the case of a fatal crash
of a helicopter during a humanitar-
The appropriated state resources are used ian rescue mission. It was established
for establishing a supportive network in that there were failures in the chain
order to keep the party riding and stable in of command, as well as that regular
the saddle. The SPP is a massive party with procedures were neglected. A crimi-
more than 630,000 registered members. nal investigation did not find criminal
This number constitutes approx. 17% of the responsibility on anyone’s part, beside
electorate, bearing in mind that the average the disciplinary responsibility of two
turnout is about 3.8 million voters. For this army generals who were punished by
reason, it is a serious task to keep the mem- having the possibility of further pro-
bership in line with party policies and to motion withheld. The sentence was
establish party discipline, keeping in mind later annulled. The Savamala case is
that the SPP is a party with a strong leader widely known and more publicly ex-
and strict rules of conduct. There are several plored, given that more information
modes of abusing state authority and state was available. Savamala is a part of
resources to fortify the loyalty network of Belgrade located where a controver-
the party. sial national project named the Bel-
grade Waterfront is under construc-
tion. Several buildings were destroyed
overnight by workers employed by
34 modes and instruments of state capture 
capture Serbia: hijacked and appropriated state

an unknown company, protected by


masked security guards and without a conclusion
court decision that these buildings are
illegal. In addition, a masked security The thesis presented in the essay is more a
guard maltreated several passers by result of the direct, everyday experience of
and a watchman of one of the build- a careful observer of daily politics in Serbia
ings; the police refused to react, and so than based on serious scientific findings.
on. There were a number of wrongdo- Given the absence of serious publications
ings. All that is publicly known about on political developments in Serbia, the
those responsible for the series of mis- author took a risky strategy of trying to
deeds is that they are "idiots" and that articulate his own experience and expertise.
they are high-ranked officials of the Still, it is surprising that after five years of
City of Belgrade. Otherwise, rules and significant changes in the Serbian political
regulations are strictly implemented environment it is so difficult to find reliable
when the object of implementation is scientific articles on different aspects of
ordinary citizens and their property. the political transformation of the Serbian
c) Fear and social insecurity. Insecurity state.
of income, job or position is an im-
portant instrument of widening and
fortifying the loyalty network. There is
a widespread conviction that the nec-
essary condition for advancing indi-
viduals’ private interests is member-
ship in the party. Fear of losing one’s
income and job is a powerful tool for
mobilizing party members, as well as
an incentive to bystanders to join the
winning team and stay obedient.
The leader of the ruling party in Serbia
built a powerful party organization which is
able to hijack the state and its institutions
and to use its resources to benefit ruling
elites and their supporters. All of them are
included in the organized political enter-
prise of hijacking the state and protecting
the loyalty network. For this reason, the
future of democracy in Serbia is not guar-
anteed; moreover, the prospects that the
Serbian state would became a consolidated
democratic state are even more gloomy
given the international environment and
support that the current government is win-
ning from important international actors
interested only in the stability of the region.
state capture in the Western Balkans  modes and instruments of state capture 35

state capture
in the Western Balkans
Leon Runje

introduction
The first mode was the use of the corruption of
There are many factors that contribute to state institutions to accumulate wealth through
the relatively strong ability of political par- its extraction from both the private and public
ties in Western Balkan states to perpetrate sectors, whether through outright theft of govern-
govern-
state capture. The most acute ones, however,
ment property or through corrupt dealings with
include the socialist legacy of the region, the
private enterprises. This activity would not have
subsequent international isolation as well
as the bloody break-up of Yugoslavia. The been possible without the second mode of mani-
mani-
ethnic divisions within most states of the festation of corrupt behaviour. This behaviour can
region, which arose from the war as well as be best described as corruption with the aim of
the region’s strategic position on the Balkan power preservation. The regime would promote
route of the refugee crisis which exploded
civil servants as well as deal with private compa-
compa-
in 2015, give the political parties continu-
ing internal and international leverage for nies based exclusively on their displays of political
maintaining political power. This power is loyalty as opposed to competence.
otherwise based primarily on the support
of clientelist networks. Unfortunately, this
modus operandi comes from a strong legacy with its claims. Namely, as McRobie points
of para-state activity and hostility towards out, low level political corruption tends to
government institutions throughout the either correlate with, or be a direct result of
region’s history. the metastases of high level political corrup-
tion or state capture. (McRobie, 2010: 10)
the socialist legacy If the correlation is so strong, how is
it that the primary forms of corruption
It is widely considered that during the com- recorded in the Western Balkans during
munist period, corruption in the Western the communist period were of the low level
Balkans was widespread, but was, for the administrative variety? The cause most likely
most part, petty. During this period admin- lies in the way corruption was defined in
istrative corruption was prevalent, meaning socialist countries during the Cold War. The
that it took the form of low level bureaucratic current definition of state capture comes
corruption of state and public institutions, from the World Bank and defines the term
as opposed to the corruption of centralized as the efforts of a small number of firms (or
government bodies and agencies occurs such groups as the military, ethnic groups
at the top of the hierarchical structures of and kleptocratic politicians) to shape the
government. The first phenomenon can be rules of the game to their advantage through
described as "administrative corruption", illicit, non-transparent provision of private
while the latter tends to be denoted by the gains to public officials, examples of such
use of the term "state capture". (McRobie, behavior include the private purchase of
Leon Runje
2010: 5-8) This assertion cannot be empiri- legislative votes, executive decrees, court Graduated political scientist,
cally disproved, however; there is a problem decisions and illicit political party fund- Zagreb
36 modes and instruments of state capture 
capture state capture in the Western Balkans

ing. This concept links the problem of cor-


ruption with vested economic, social and the legacy of war and
political interests – which in turn form key isolation
obstacles to economic reform. (World Bank,
2001) This of course gets obfuscated in a The twin legacies of war and isolation in
socialist system which does not necessar- the Western Balkans are hard to separate,
ily value or protect the concept of private although they affected the region’s constitu-
property, indeed regardless of the various ents in radically different ways. If one takes
dogmas of "social ownership", the major- a moment to consider the definition of the
ity of the companies in the Western Balkans Western Balkans (at least as proposed by
were state-owned, that is to say, the ruling the European Union, in terms of its expan-
communist party was free to control them sion plans), one usually gets the formula of
by means of access to key managerial posi- Ex-Yugoslavia minus Slovenia plus Albania.
tions within state-owned companies. (Bego- If one accepts this definition, one can notice
vic, as cited in McRobie, 2010: 10) Evidence two diverging histories. While Yugoslavia
of these practices continuing even after the was generally the most open of the socialist
end of the Cold War and the subsequent fall countries during the Cold War, Albania, on
of communism can be found in the fact that, the other hand, was subject to a strict self-
in certain cases, as was the situation in Ser- imposed isolation by its Cold War socialist
bia, large swathes of state property were not regime under Enver Hoxha. Although this
privatized but rather became property of the policy was abolished by the 1990’s, it lasted
reformed communist party, now called the for a full forty years and made smuggling an
Socialist Party of Serbia. (Pešić, as cited in essential economic activity. This is where
McRobie, 2010: 14) Furthermore, the ruling the strong link between organized crime
parties continued the tradition of directly and Albania’s political elite begins. (McRo-
controlling state-owned enterprises; as bie, 2010: 26) Yugoslavia, on the other hand,
Pešić points out, the idea that government- had a very different trajectory. The relation-
owned companies should be administered ship between the political elites of the indi-
by party-elected cadres is alive and well in vidual Yugoslav Republics is also strongly
Serbia. (Pešić, as cited in McRobie, 2010: 15) connected with smuggling activities, how-
What follows logically from this fact is ever for vastly different reasons. As McRobie
that, in the Western Balkans generally, and points out, "the elites of the Yugoslav Repub-
in Serbia and Albania specifically, legal lics [during the war] were actively involved in
state capture which existed during the com- the development and organization of smug-
munist period has, in a sense, been trans- gling channels." (McRobie, 2010: 15) This has
formed into party capture. That is to say, a lot to do with international isolation caused
special vested interests will focus on sup- by the war itself. That being said, motiva-
porting a specific party and then, once it tions for such behaviour diverged between
obtains power, use it as a tool to perpetrate the individual Yugoslav Republics. The pri-
state capture upon the government sys- mary motivation of Croatia and Slovenia for
tem. The development of this approach in engaging in illegal smuggling initially was
the Western Balkans is a direct result of the to break the arms embargo imposed by the
fact that the authoritarian socialist regimes international community, given the fact that
in the region have given way to nominally the Yugoslav People’s Army, which they were
democratic ones. In these systems political facing at the time, was far better equipped for
parties are forced to contend for power on the imminent conflict. Serbia, on the other
the one hand, while on the other, national hand, commanded the Yugoslav People’s
election campaigns are becoming ever cost- Army or what was left of it, and therefore
lier for them. (McRobie, 2010: 22) As far as hardly had the need for importing weap-
government-funded campaigns are con- ons. It was, however, faced with a wide array
cerned, particularly in the case of Albania, of economic sanctions due to its war time
high tax avoidance rates make it difficult for activities and was, therefore, in dire need of
the government to provide this public ser- smuggling services in order to procure cer-
vice. tain goods.
Both the case of the political isolation
of Albania and the case of the former Yugo-
slavia cemented the connection between
local governments and organized crime.
(McRobie, 2010: 15) Furthermore, the war
state capture in the Western Balkans   modes and instruments of state capture 37

in the former Yugoslavia also strengthened


organized crime networks in Albania. This ethnic divisions and state
was primarily evident in these crime net- capture
works supplying the Albanian Kosovo Lib-
eration Army with weapons; however it The states of the West Balkan region are
was also simply a way for these networks not only divided by the different variants of
to profit from Serbia’s relative isolation socialism they experienced during the Cold
through providing smuggling services. The War, or by the various positions they found
fact that Albania itself was experiencing an themselves in during the break-up of the
institutional crisis which would lead to an Yugoslav Federation. The main difference in
institutional collapse in 1997 did nothing to terms of the levels of state capture in indi-
alleviate matters. (McRobie, 2010: 21-22) vidual Balkan States stems primarily from
the ethnic divisions within their respective
societies. Therefore, a key difference arises,
power protection and primarily between states where the issues
accumulation of ethnic division in society play only a sec-
ondary role, such as Serbia and Croatia on
When dealing with state capture in the the one hand, and those such as Bosnia,
Western Balkans, one would be wise to Macedonia and Kosovo where they domi-
introduce a further categorical distinction nate the political landscape. As Vachudova
within the terms used to describe the wider points out, "In Serbia and Croatia, office-
phenomenon of political corruption. While seeking parties have responded to strong
political corruption is broadly defined as incentives to moderate their positions in
the use of public power for private benefit order to become EU-compatible. In Bosnia
(World Bank, as cited in McRobie, 2010: 7), and Macedonia, however, political competi-
there are two ways in which the regimes tion is structured almost entirely on identity,
which arose in the Western Balkans after the with parties hardly taking any distinct posi-
fall of communism manifested political cor- tions on managing the economy and public
ruption in particular. The first mode was the services (...) These party systems have been
use of the corruption of state institutions to captured by small groups of elites who profit
accumulate wealth through its extraction from illiberal democracy; to protect it, they
from both the private and public sectors, keep the EU at bay, and use nationalism and
whether through outright theft of govern- chauvinism as a strategy to deflect attention
ment property or through corrupt dealings from rampant corruption and the rollback
with private enterprises. This activity would of democratic freedoms, transparency and
not have been possible without the second the rule of law." (Vachudova, 2017) Further-
mode of manifestation of corrupt behaviour. more, as Peter Van Ham points out, "Bosnia
This behaviour can be best described as and Herzegovina, as well as Kosovo, remain
corruption with the aim of power preserva- (at least partially) internationally adminis-
tion. The regime would promote civil serv- tered... Bosnia and Herzegovina are ham-
ants as well as deal with private companies strung by a political deadlock between three
based exclusively on their displays of politi- main ethnic groups: Bosniaks, Croats and
cal loyalty as opposed to competence. This Serbs." (Van Ham, 2014: 8) Furthermore, in
would free the regime from a considerable the case of Kosovo and Macedonia, ethnic
source of restraint while it was engaging in based state capture is further facilitated by
illegal activity as well as create an extensive international circumstances. As Van Ham
network of individuals and organizations points out, "Kosovo’s ties with the EU are
which would all stand to benefit from the restricted, since the five EU member states
regime’s activities. (McRobie, 2010: 8-15) It is (Cyprus, Greece, Romania, Slovakia and
hard to separate these two forms of corrupt Spain) refuse to recognize Kosovo’s inde-
behaviour by a specific government regime pendence. (Van Ham, 2014: 8) Macedonia is
from each other, mainly due to the fact that another example where ethnic based iden-
they complement and necessitate each tity politics is not only legitimizing state
other. It is therefore difficult to answer the capture at home, but also facilitating it in
question of which mode of behaviour came the international arena through provok-
first; however, one can make a reasonable ing inter-state confrontation. The clearest
assumption that where one of these behav- example of such a phenomenon is Mac-
iours exist, the other will follow. edonia’s continuing failure in its attempts
to join both the EU and NATO. The main
38 modes and instruments of state capture 
capture state capture in the Western Balkans

The collaboration of western states with Balkan autocrats is certainly noth-


noth-
ing new. From King Alexander, Marshall Tito to President Milošević, the
West has historically been happy to trade in democracy for stability. What
differentiates this new form of "stabilocracy" from its previous incarnations
is the fact that in the 2000’s, the EU actually did invest a considerable
amount of effort and political capital into providing the region with a path
to full EU membership. This path was always heavily predicated upon the
implementation of the required reforms. The current backsliding towards
"stabilocracy" puts all the invested work and political capital in jeopardy.

reason for this is the persistent opposition stabilocracy in the Western


to Macedonia’s application bid by Greece,
which opposes the use of the name "Mac- Balkans: state capture and
edonia" to denote the Former Yugoslav the refugee crisis
Republic of Macedonia. The issue for both
the Macedonians and the Greeks is in fact Another issue which has helped stabilize
one of ethnic identity. (Van Ham, 2014: 8) and strengthen the state capture regimes
Another dimension of ethnic based state currently in place in the Western Balkans
capture in the Western Balkans is the high has been the refugee crisis. This situation
level of kin-trust characteristic of ethnically has provided the weak democracies in the
homogenous groups. Since the break-up of region, with autocratically minded lead-
Yugoslavia in the 1990’s, the newly created ers governing through informal patron-
states, although multiethnic themselves, age networks, with the legitimacy of, once
have become home to ever more homog- again, providing the West with stability in
enous ethnic groups on the sub-state level. the region. (BiEPAG, 2017: 7) The collabora-
Examples of this are the Serb, Croat and tion of western states with Balkan autocrats
Bosniak communities in Bosnia, the Serb is certainly nothing new. From King Alexan-
and Albanian communities in Kosovo, the der, Marshall Tito to President Milošević, the
Serbs and Montenegrins in Montenegro West has historically been happy to trade in
as well as the Albanians and Macedonians democracy for stability. What differentiates
in Macedonia. In addition to this, there is this new form of "stabilocracy" from its
a particular historic legacy in the region, previous incarnations is the fact that in the
stemming from centuries of foreign occupa- 2000’s, the EU actually did invest a consider-
tion. The region’s history saw the local com- able amount of effort and political capital in
munity, the kin or the clan, pitted in a long providing the region with a path to full EU
term struggle against the state, which was membership. This path was always heavily
considered to be a hostile and foreign actor. predicated upon the implementation of the
A culture of familial connections and other required reforms. The current backsliding
para-state institutions, which greatly facili- towards "stabilocracy" puts all the invested
tated state capture, sprang up from such a work and political capital in jeopardy. It also
mentality. (Van Ham, 2014: 11) Given this explains the very different reactions of the
history, combined with the aforementioned leaders of Hungary and Serbia to the refu-
increasing levels of homogeneity among the gee crisis. Although they both use national-
ethnic groups of the region since the Yugo- ism to cement their ever-stronger grip on
slav Wars, it is a small wonder that Alan Riley state power, Viktor Orban of Hungary and
can claim that what the Western Balkans Aleksandar Vučić of Serbia reacted very dif-
have experienced in the last 20 years is akin ferently to the recent refugee crisis. While
to a process of "refeudalization". By this Orban rode the populist wave and closed
Riley denotes a process whereby "power is off his country’s borders using the crisis to
held by informal networks that run through gain political points from his right-wing
every state institution and the private sec- base, Aleksandar Vučić had a completely dif-
tor". (Van Ham, 2014: 9) ferent agenda. He was primarily interested
in demonstrating Serbia’s usefulness to the
EU in the crisis, and had therefore behaved
accordingly. Consequently, Serbia opened
state capture in the Western Balkans   modes and instruments of state capture 39

its borders to the refugees and allowed itself petrate state capture for the purpose of
to be used as a transit zone. This was wel- servicing the needs of various vested inter-
comed in Brussels and Vučić was treated as est groups. The reasons for this vary from
EU’s partner and ally. Such a turn of events is historical, cultural to geopolitical. The EU,
worrying primarily because it signifies that as the main external actor in the region, is
certain events, such as the refugee crisis, both a positive and negative influence in this
or certain competitors for influence in the regard. On the one hand, it has the power to
region like Russia and China for instance, influence the local regimes into conducting
can severely limit the soft power of the EU. reforms through the process of accession
Local regimes in the region are now in the conditionality. On the other hand, the EU’s
position to play external global actors off dependence on the collaboration of the Bal-
against each other, be they the EU, Turkey kan states and Turkey in the recent refugee
or Russia. This is the first time since the crisis lead to an additional source of inter-
end of the Cold War that local regimes find national legitimacy for the political parties
themselves in a position to extract resources currently in power in the region. Finally, the
from foreign actors due to their countries’ EU also serves as a means of easing the social
strategic position. (BiEPAG, 2017: 8) tensions within the individual Balkan states,
being itself a primary destination for work-
conclusion ing migrants from the region. The EU allows
the dissatisfaction among the population
The Western Balkans is currently a region of the Balkan states, fuelled by the failure of
of some geostrategic importance, which the captured state institutions to generate
lags behind the rest of Europe in terms of prosperity, to be partly diffused by providing
economic growth. It is also currently home these countries’ populations with economic
to numerous clientelist regimes which per- opportunities within its own borders.

bibliography:
Hellman, Joel & Kauffman, Daniel, Vachudova, Milada. "Party Posi-
Imf.org (2001) Confronting the Chal- tions and State Capture in the West-
lenge of State Capture in Transition ern Balkans" (with Marko Zilovic,
Economies, http://www.imf.org/ex- George Washington University).
ternal/pubs/ft/fandd/2001/09/hell- University of Graz. 23.3.2017. Lec-
man.htm (last accessed 15.6.2017) ture. Available at: https://events.uni-
McRobie, Heather (2010) State cap- graz.at/de/detail/cal/event/tx_cal_
ture and political corruption in Serbia phpicalendar/2017/03/23/?tx_cal_co
and Albania in: Democracy cluster ntroller[uid]=11059&cHash=b217696
(edit.) Francesco Privitera 47f033da93fbb3e45e2144bd7
Begovic, Boris. ‘Corruption in Serbia: Van Ham, Peter. "Gridlock, Corruption
Causes and Remedies.’ Policy brief No. and Crime in the Western Balkans Why
27. The William Davidson Institute at the EU Must Acknowledge its Limits",
the University of Michigan Business Clingendael report. Netherlands In-
School. Detroit, Michigan. 2005 stitute of International Relations. Oc-
Begovic, Boris and Bosko Mijatovic tober 2014. Available at: http://www.
(eds). Corruption In Serbia Five Years clingendael.nl/sites/default/files/
Later. Center for Liberal-Democratic Gridlock%20Corruption%20and%20
Studies. Akademija Press. Belgrade, Crime%20in%20the%20Western%20
Serbia. 2007 Balkans.pdf
Center for the Study of Democracy. "The Crisis of Democracy in the West-
‘Corruption, Contraband and Organ- ern Balkans. Authoritarianism and EU
ised Crime in the Balkans’. Center for Stabilitocracy." BiEPAG Policy Paper.
the Study of Democracy Research Pa- March 2017
per. Sofia, Bulgaria. 2003 http://www1.worldbank.org/public-
Pesic, Vesna. "State Capture and Wide- sector/anticorrupt/STATE%20CAP-
spread Corruption in Serbia", CEPS TURE1.doc
Working Document No. 262. Centre for
European Policy Studies. March 2007
40 culture and media 
media ethno-geo-political entrepreneurs and the creation of internal homelands in Bosnia and Herzegovina

culture and media


ethno-geo-political entrepreneurs and
the creation of internal homelands in
Bosnia and Herzegovina
Sead Turčalo

Deconstruction of the country is characterized by a constant effort to


strengthen the discrimination and marginalization produced by violence
and preserve the dominance of the dominant group in exclusive ethnic
territories. Ethno-geo-political entrepreneurs frame the complex present
state of the country, constituted by the Dayton Peace Agreement, into a
discourse about an impossible country, where this seeing of the impossibil-
impossibil-
ity is opposite and determined by processes of ethno-territorialisation.

Twenty-two years after the end of the war in course on (ethno-) national identity and
Bosnia and Herzegovina the ghosts of geo- conceptualization of a country.
politics and nationalism are still haunting The use of the aforementioned strategy
the political rhetoric and everyday life of of territoriality creates internal homelands
the country. Both ghosts are linked to dif- as ethno-territorialist projects to achieve
ferent visions of territory, which leads to the convergence between ethnic identity and
creation of divergent, ethnically determined territory (see O’Loughlin & O’Tuathail, 2009:
strategies of territoriality. 592; Dahlman & Williams, 2010: 414) which,
I use the term ethno-geo-political entre- in the Bosnian and Herzegovinian case, is
preneurs to describe the key actors that use attributed as Serbian, Croatian, or Bosniak.
territoriality as a spatial strategy for the pur- Internal homelands appear as a space
poses of mobilization of their own ethnic for the creation of something both new
group and its differentiation from the Oth- and appealing to ancient myths through
ers. Ethno-geo-political entrepreneurs do a dichotomy of the past and the present,
not live only from or for ethnicity (Brubaker, where the internal homeland is not merely
2004:10) and territory, but also from geopolit- a territory, but a historical category as well;
ical visions in which, according to their own the birthplace and the destiny of an ethnic
needs, they attribute certain roles to space group. A prerequisite for the creation of an
and ethnic groups, ultimately transforming internal homeland is the deconstruction
these two categories into the desirable geo- of the state in whose territory the internal
political order. By using a hyphen as a figure homeland is to be created.
in the phrase ‘ethno-geo-political entrepre- Deconstruction of the country is char-
neurs’ I try to point out that all elements of acterized by a constant effort to strengthen
our compound word, ethnical, geographical, the discrimination and marginalization pro-
and political, are very close to each other and duced by violence and preserve the domi-
serve as instruments to entrepreneurs. nance of the dominant group in exclusive
The aim of this text is to show that ethnic territories. Ethno-geo-political entre-
through the strategy of territoriality, a ter- preneurs frame the complex present state
ritory as a real geopolitical category par of the country, constituted by the Dayton
Sead Turčalo
Assistant Professor, Faculty of excellence becomes a key instrument in Peace Agreement, into a discourse about an
Political Sciences, Sarajevo controlling ethnic groups, determining dis- impossible country, where this seeing of the
ethno-geo-political entrepreneurs and the creation of internal homelands in Bosnia and Herzegovina  culture and media 41

Through ascription of ethno-characterology to the area, the ethnicity, cul-


cul-
ture, and identity are strengthened in the internal homelands that become
new political and psychological battlefields that shape identification with
the state as a geopolitical entity and affirm the divergent geopolitical vi-
vi-
sions of the state.

impossibility is opposite and determined by as an additional mechanism, which should


processes of ethno-territorialisation. add to the support for the geopolitical
In the dominant Bosniak geopolitical demands. Interests represent an ephemeral
vision, it is necessary to reform the Dayton instrument, since they are, as suggested by
Bosnia and Herzegovina since it is based on Crawford and Lipschutz (1997: 168), nego-
injustice and violence and its institutional tiable; compromises can be achieved and
and territorial arrangement perpetuates this the like. On the other hand, territoriality as
violence. a spatial strategy and the politics of identity
The dominant Croatian geopolitical as one of its components are inviolable until
vision affirms the ethno-territorial princi- its practices produce a positive result for a
ple, which is the basis of the Dayton Bosnia practitioner. (See Crawford and Lipschutz,
and Herzegovina, but rejects the structure of 1997: 168)
the two entities and three constituent peo- An illustrative example of the benefits
ples since, in their view, it is necessary to of a policy of territoriality in Bosnian and
complete the ethno-territorial rounding up Herzegovinian conditions over the policy
of ethnic groups by creating a third entity. of ethnic interest is the fact that in the Par-
In the Serbian geopolitical vision, the liament of Bosnia and Herzegovina entity
impossibility of Bosnia and Herzegovina voting was mostly used as a mechanism for
stems from its ethnic structure that reflects blocking the adoption of a law (a total of 156
"Yugoslavia in miniature." (See Silber and times, a waste 52.3% per cent of which falls
Little, 1996; Kecmanović, 2007; Dodik, 20131) at the feet of the Republic of Srpska and its
And from the insight of Serbian ethno-geo- blockade), while according to a Konrad Ade-
political entrepreneurs, such an "imposed nauer Foundation study covering the period
country" prevents the "millennial" aspira- from 1996 to 2008, the institutions for pro-
tion of the Serbs for self-determination. This tection of vital national interests were used
discourse of an impossible state is a reaf- only four times. (See Trnka et al. 2009:90-93)
firmation of the narrative that the Serbian It actually shows that the territoriality is
Academy of Sciences and Arts (SANU) pro- untouchable since, in the legislative sphere,
moted in the 1980s and 1990s about Yugosla- a blockade by deprivation of entity support
via being a dungeon for the Serbian people, ends the legislative procedure, while the
except that in this case the former Yugoslav use of the mechanism for protecting vital
state is substituted by Bosnia and Herzego- national interests unblocks the legislative
vina as a framework of detention. In the view process "which, after the mediation of the
of Serbian geopolitics, Bosnia and Herzego- Constitutional Court in Bosnia and Her-
vina is nothing more than a spatial category zegovina, continues in the Parliamentary
within which it is necessary to keep the status Assembly." (Trnka et al., 2009:93)
quo and promote Republika Srpska as a tem- The use of territoriality also includes
porary internal homeland, which it is neces- a mechanism of demobilization (Gagnon,
sary to ultimately transform into a country. 2004:120) and in the post-Dayton Bosnia
Territoriality is identified as the key and Herzegovina’s geopolitical trap, protec-
strategy for achieving the aforementioned tion (of the territory) of the internal home-
different geopolitical visions of Bosnia land is used as a pre-emptive mechanism
and Herzegovina. It mobilizes support for in the prevention of the expression of social
ethno-geo-political entrepreneurs in their dissatisfaction.
competition to win political and economic In this way, the internal homeland
power, while the politics of identity is used becomes an instrument of the perpetua-
tion of the frozen Bosnian and Herzego-
1 www.24sata.hr. 2013. Milorad Dodik: The Serbs have vinian conflict, and the imagined threat to
never truly accepted Bosnia. [online] Available at: "legitimate" ethnoscapes becomes a means
http://www.24sata.hr/svijet/milorad-dodik-srbi-istin-
ski-nikada-nisu-prihvacali-bosnu-296651 [Accessed: of manufacturing the consent of their own
25 May 2017]. ethnic group at the ballot box.
42 culture and media 
media ethno-geo-political entrepreneurs and the creation of internal homelands in Bosnia and Herzegovina

In order to ensure this consent and While continuity with the previous ideo-
empower the imagination of a vulnerable logical movement and the ethnic structure of
ethnic area, it is necessary to make the inter- the state were eradicated, continuity with the
nal homelands a storage of historical mem- Chetnik movement was established by nam-
ories and associations, a place where our ing the streets in Banja Luka after a number
wise men, saints, and heroes lived, worked, of Chetnik dukes and ideologues such as Ste-
prayed, and fought. (see Smith, 2010: 23) As van Moljević, Duke Momčilo Đujić, Dragiša
suggested by David Knight (1982: 517) "the Vasić, etc. In certain ways, the city has also
territory is not something given; it is some- been marked by "Piedmont Serbs" (Radović,
thing that becomes; the territory itself is pas- 2013: 159) and by Orthodox religion, by
sive and human convictions and actions are naming the streets after saints and Ortho-
the ones that give the territory its meaning." dox church officials, i.e., Aleja Svetog Save
In case of Bosnia and Herzegovina, the con- (instead of JNA), Patriarch Makari Sokolović
struction of the meaning of space, place, (instead of Ferhat Pašina), and Milan Tepić
and territory is monopolized by the political (instead of Vladimira Nazora).
class that unites into a conglomerate that I Identical processes took place in Mostar
have labelled as ethno-geo-political entre- and Sarajevo. Since Mostar is a divided city
preneurs. In their hands, there are instru- in which the western part is presented by the
ments that enable "their own reification and views of Croatian ethno-geo-political entre-
domination" through "monopoly on plan- preneurs, attempts to establish the identity
ning, mapping, and public memorization of of the "capital city" of Croats2 in this part of
space." (Radović, 2013: 29) the Herzegovinian city were very intense.
Through these practices, a territory This is shown by the information that
becomes understandable only for its own even the names of the streets that had a
ethnic group, while the Others, even though, geographical or some other ethnically neu-
as is the case in Bosnia and Herzegovina, tral character were changed (Liska, Rudar-
they were born and grew up in that area, are ska, Dalmatinska, Spojna, and Balinovac
transferred to the unknown geography. The Square), and all the names that connoted
history shaped by changes in the names of socialist ideology or contained Bosniak or
streets, districts, or entire cities is natural- Serbian ethnic headings and names were
ized and becomes an integral part of the changed. (Radović, 2013:173) This approach
growing generations, in whose mental maps was actually meant to mark the borders of
the new urban geography becomes the only the Croatian territory within Bosnia and
possible geography. Herzegovina. The streets were named after
In certain ways, the best examples for Mile Budak, who was an ideologist and
the presentation of this "arrangement of Minister of Religion in the Government of
authority" (Čusto, 2013:32) are the cities the Independent State of Croatia, to Jure
that are perceived as the seats of power of Francetić, the founder of the infamous
ethno-geo-political entrepreneurs, that is, Ustasha Black Legion, and lastly to Cardi-
Banja Luka, Mostar, and Sarajevo. nal Stepinac, a controversial religious dig-
This process took place with two par- nitary who claimed to be, at the very least,
allel goals. It was necessary to create a dis- distanced from the crimes against those
continuity with the previous identity that who did not ideologically converge with the
existed within a certain territory. In Banja Ustasha regime, etc.3
Luka, there was an attempt to erase the
2 Hercegovina.info. "Čović: Mostar is the capital city
identity of non-Serb communities, create a of the Croats, Sarajevo of the Bosniaks, and Banja
discontinuity with Bosnia and Herzegovina, Luka of the Srbs! We are heading for chaos without
compromise!." 2012. http://www.hercegovina.info/
and with the communist ideology as well. vijesti/vijesti/bih/dragan-covic-mostar-je-stolni-grad-
For this purpose, only until 1997, the hrvata-sarajevo-bosnjaka-a-banja-luka-srba-bez-dogo-
vora-idemo-u-kaos-top-news (accessed 18 Jun 2013).
names of 240 out of 416 streets in Banja Luka
hrsvijet.net. "Čović: We shall advocate for the third en-
were changed, while data from 2007 show tity and Mostar as the capital city until it is realized."
that the trend had continued, so out of the 2011. http://hrsvijet.net/index.php?option=com_con
tent&view=article&id=16453:ovizalagat-emo-se-za-
total number of streets, 338 had names that trei-entitet-i-mostar-kao-stolni-grad-sve-dok-to-ne-
"were from the Serbian cultural heritage bude-ostvareno&catid=24:bih-vijesti&Itemid=100
(accessed 18 Jun 2013).
and the Serbian corps, 10 names are geo-
3 Tacno.net. "Mostar combating fascism: Announced
graphical terms, only 20 of them are linked mass protests, demand for the change of the name
to Croatian cultural history, and only three of streets of Nazi criminals." 2013. http://tacno.net/
novosti/mostar-u-borbi-protiv-fasizma-najavljeni-
street names were connected with Bosnian masovni-protestitrazi-se-promjena-naziva-ulica-nacis-
Muslims." (Radović, 2013: 160) tickih-zlocinaca/ (accessed 18 December 2013).
ethno-geo-political entrepreneurs and the creation of internal homelands in Bosnia and Herzegovina  culture and media 43

In Sarajevo, urban geopolitics devel- ***


oped in a way that made it necessary to Through ascription of ethno-character-
make a discontinuity with the previous ology to the area, the ethnicity, culture, and
regime in order to affirm the Bosniak iden- identity are strengthened in the internal
tity, and to make a connection with crucial homelands that become new political and
narratives, by Bosniak ethno-geo-political psychological battlefields that shape identi-
entrepreneurs in the post-war period, of fication with the state as a geopolitical entity
a historical link between medieval Bosnia and affirm the divergent geopolitical visions
and Bogumils with today’s Bosnia and Her- of the state.
zegovina and the Bosniaks (King Tvrtko, Space as a geo-political category
Kulin ban’s coast). The Youth Allegiance of becomes a crucial factor in mobilizing an
Alija Izetbegović was also affiliated, so the ethnic group because groups in the dis-
members of the Mladi Muslimani (Young course of ethno-geo-political entrepreneurs
Muslims) movement received a number of are rooted in the space, so every speech the
streets (Put Mladih Muslimana – the Road official ethnic interpreters translate as being
of the Young Muslims, Mustafa Busuladžić, endangering, simultaneously means threat-
Hasan Biber, and Halid Kajtaz).4 ening the group.
What Radović (2013: 210) points out in Bearing in mind the importance given
the context of Sarajevo is that despite the to ethno-territoriality, the logic of territory
fact that the trend of "decommemoration in Bosnia and Herzegovina has a strong
of terms and persons linked to the previous influence on practical geopolitics. The
system is evident", it is still not manifest to aforementioned territorial control becomes
the extent present in Banja Luka and Mostar. rooted in political behaviour and institu-
However, this return to the medieval past, the tional actions.
Ottoman and the Austro-Hungarian periods, Both political behaviour and institu-
"also testifies to certain strategies of con- tional actions are geographically fixed at
structing a national (Bosnian and Bosniak) different levels of identification with the
identity that seem to look for a new zero state (canton/entity/state) and conflicts
point from which the national symbolism is are produced due to "overlapping territo-
further upgraded." (Radović, 2013: 212) rial images" (Vollaard, 2009: 692), in which
In addition to renaming the streets and the Bosniak, Croat, and Serbian geopolitical
squares, space is also culturally and reli- visions of Bosnia and Herzegovina hold dif-
giously rearticulated by the construction of ferent territorial organizations of the state
religious buildings of the dominant ethno- as a reference point.
religious group, which in effect changes the Through these overlapping images, the
way this ethnic group conceptualizes the Bosnian and Herzegovinian space is being
space it is living in. Thus, the space is gradu- precisely derogated and relativized, since,
ally, step by step, transformed into a place. as Ćurak suggests, (2011: 28) the view is
(On this matter, see also Agnew & Smith affirmed that "...Bosnia and Herzegovina is
2002: 5) First, through organized armed not the result of a historically coded space
violence, the territory of Bosnia and Herze- in which the state is constituted, but that
govina is partially reconfigured by the com- the state is what is determined by political
position of new specific territorial units, elites."
ethnic regions, which, through everyday Croatian and Serbian ethno-geo-politi-
activities and the implementation of urban cal elites perceive the state as a secondary
geopolitics, creates a sense of space, or emo- reference point, while the geographical fixa-
tional affiliation, among the inhabitants. At tion is directed towards the realized inter-
the moment when an emotional affiliation nal homeland (Republika Srpska) and the
is created, the space is transformed into a anticipated internal homeland in the Croa-
place of subjective territorialization of iden- tian case.
tity, while at the same time in a group that The absence of a common vision of
cannot build that sense of belonging, space the state among the political elite is also
becomes a foreign category, that is, nothing reflected in the manner of identification
more than an absolute space, or, "the raw with the state and its acceptance among the
physical world." (Radović, 2013: 29) citizens of Bosnia and Herzegovina.

4 All new and old names of streets in Sarajevo can be


found at SARAJEVO.co.ba. "Ulice grada Sarajeva."
2012. http://sarajevo.co.ba/o-sarajevu/ulice-grada-
sarajeva/ (accessed 09 June 2013).
44 culture and media 
media ethno-geo-political entrepreneurs and the creation of internal homelands in Bosnia and Herzegovina

In the case of the Serbs, most of them In the Serbian case, the understanding
identify with the entity and not the state. of the Republic of Srpska and the Serbian
Some independent surveys among the Serb people as organically connected categories
population show that 59.3 percent would is not the result of external interpretation
prefer to live in an independent Republika but the self-reflection of Serbian ethno-geo-
Srpska, while 11.1 percent would like to see political entrepreneurs about that entity, or
RS as part of Serbia. (UNDP, 2013: 41) the experience of its organic territoriality
The degree of identification of the Cro- (Vollaard, 2009: 695), where the idea and
ats with the Bosnian state is, according to perception is constructed that Serbs are his-
the quoted survey, around 20.9 percent. torically rooted in the soil of the existence
Their identification is directed more towards of RS. (Ekmečić, 2007: 21; Kuzmanović 2007:
the cantons that should form the imagined 42-45; Kunić, 2007: 54) On the other hand,
third entity, as an internal Croat homeland the Croats’ understanding of their own geo-
in Bosnia and Herzegovina. This idea is sup- political position suggests that they see the
ported by 37.7 percent of respondents. Federation of Bosnia and Herzegovina as an
This low level of identification with the internal homeland of the Bosniaks, since the
state shows a deep polarization of the soci- Bosniaks have given up on Bosnia and Her-
ety and proves that affiliation to an ethnic zegovina. (Lučić, 2010: 125)
group is preferred over affiliation to the Bos- This Croatian interpretation of the Bos-
nian state. niak understanding of Bosnia and Herzego-
Bosniaks most strongly identify with Bos- vina is the result of divergent geopolitical
nia and Herzegovina (36.7 percent), although discourses produced by the Bosniak politi-
a significant percentage of respondents (16.6 cal and religious elite. This divergence is
percent) would prefer a particular Bosniak actually paradoxical. The Bosniak political
entity or state, or some other form of state elite, since the 1990s onwards, has shown
organization (17.3 percent). that it is not capable of thinking strategi-
By instrumentalizing people’s attitudes, cally about space, but takes people as its ref-
which are nothing else but the reflection erence point, rather than territory. (Ćurak,
of geopolitical discourses presented in the 2002: 22-23) On the other hand, the religious
media, ethno-geo-political entrepreneurs, elite, like the former Grand Mufti Mustafa ef.
in order to perpetuate their own power and Cerić, affirms the spatial thinking that is a
produce legitimacy as performers of iden- reflection of the biological imperialism of
tity policies, tend to deconstruct the state the majority nation. It shows a "brilliant"
of Bosnia and Herzegovina in order to con- misunderstanding of the nature of Bos-
stitute the internal homelands in historical nia and Herzegovina. Only in this way is it
territories, the heritage of fathers. possible to interpret statements according
Expressed in classical geopolitical cate- to which it is the "natural right" of the Bos-
gories, the affirmation of the entity as a state niaks to have a "nation state." (Cerić, 2012)5
and the affirmation of the completion of an It is clear that, in the last two and a half
ethno-territorial setup of the state, respec- decades, in the Bosnian and Herzegovin-
tively, promote the "biological imperialism ian case, territoriality has had a significant
of the majority nation." (Ćurak, 2011: 28) influence on political behaviour. Ethno-
Since territory in geopolitical terms geo-political entrepreneurs produce a spa-
represents a physical manifestation of the tial experience that converges with their
state’s authority, then that kind of "loyalty to desirable geopolitical order in Bosnia and
territory" (Sack, 1983: 62) – in the Serbs’ and Herzegovina. Such a spatial experience is
Croats’ case, loyalty to the internal homeland filled with power that reflects the basic,
as a form of unaccomplished nation state – underlying structure of authority and their
"appears as a source of authority." (Sack, performative geopolitical script of the Other,
1983: 62) This experience of territory as a against which they strive to set boundaries
source of authority is fundamentally based in relation to their own ethnic group.
on the social-darwinist understanding of ter-
ritory and, as suggested by Ćurak (2011: 25),
the entity appears as a "form of life." 5 Depo.ba. "The Bosniaks have a natural right to a na-
tion state, we are more aware of it than ever." 2012.
http://www.depo.ba/vijest/73660 (accessed 11 Nov
2013).; Vijesti.ba. "The Bosniaks are the only people
in the Balkans who do not have their own country."
2012. http://www.vijesti.ba/intervjui/74293-Bosnjaci-
jedini-narod-Balkanu-koji-nema-svoju-drzavu.html
(accessed 11 Nov 2013).
ethno-geo-political entrepreneurs and the creation of internal homelands in Bosnia and Herzegovina  culture and media 45

The controller (read: ethno-geo-polit- secession. Translated into the language of


ical entrepreneur) shifts the role of the everyday Bosnian and Herzegovinian reality,
culprit for the poor state of the economy, this threat to territory transforms space into
security, and other conditions in which the a solely geopolitical category that controls
controlled (read: the ethnic group that the the respective ethnic group. In this vicious
controller exclusively represents) live on cycle, geopolitics becomes and remains an
to the Other that endangers his territory enforced destiny of ethnic groups in Bosnia
by calling for the abolition of the entity or and Herzegovina.

references
Agnew, J., & Smith, J. (2002). American Kuzmanović, R. (2007). Proces kon-
space – American place. Edinburgh: stituisanja RS i BiH. Nova srpska
Edinburgh Univ. Press. politička misao. Analize, III (5-6), pp.
Brubaker, R. (2004). Ethnicity without 39-50
groups. Cambridge, Mass.: Harvard Lučić, I. (2010). Što je (bila) Bosna i
University Press. Hercegovina i tko smo (bili) mi. Status.
Crawford, B. & Lipschutz, R. D. (1998). Nr. 14, pp. 107-136
The myth of "ethnic conflict". Berkeley: O’Loughlin, J., & Ó Tuathail (Gerard
University Of California at Berkeley. Toal), G. (2009). Accounting for sepa-
Ćurak, N. (2002). Geopolitika kao ratist sentiment in Bosnia-Herzego-
sudbina. Sarajevo: Fakultet političkih vina and the North Caucasus of Rus-
nauka. sia: a comparative analysis of survey
Ćurak, N. (2011). Izvještaj iz periferne responses. Ethnic And Racial Studies,
zemlje. Gramatika geopolitike. Saraje- 32(4), 591-615.
vo: Fakultet političkih nauka i Atlants- Radović, S. (2013). Grad kao tekst. Be-
ka inicijativa. ograd: Biblioteka XX Vek.
Čusto, A. (2013). Uloga spomenika Sack, R. D. (1983). Human territorial-
u Sarajevu u izgradnji kolektivnog ity: a theory. Annals Of The Association
sjećanja na period 1941.-1945. i 1992. Of American Geographers, 73 (1), pp.
- 1995. - komparatvina analiza. Sara- 55-74.
jevo: Institut za istoriju. Silber, L., & Little, A. (1996). Yugosla-
Dahlman, C. T. & Williams, T. (2010). via: death of a nation. New York: TV
Ethnic enclavisation and state forma- Books.
tion in Kosovo. Geopolitics, 15 (2), pp. Smit, A. D. (2010). Nacionalni identi-
406-430. tet. Beograd: Biblioteka XX Vek.
Ekmečić, M. (2007). Istorijske i Trnka K. et al. (2009). Proces odlučivanja
strateške osnove Republike Srpske. u Parlamentarnoj skupštini Bosne i
Nova srpska politička misao. Analize, Hercegovine. Sarajevo: Konrad Ade-
III (5-6), pp. 19-38. nauer Stiftung
Gagnon, V. P. (2004). The myth of eth- UNDP (2013). Public opinion pool.
nic war. Ithaca, N.Y.: Cornell Univer- [online] Retrieved from: http://
sity Press. ba.one.un.org/content/dam/unct/
Kecmanović, N. (2007). Nemoguća bih/PDFs/Prism%20Research%20
država. Banja Luka: Glas Srpske. for%20UN%20RCO_Statistical%20re-
Knight, D. B. (1982). Identity and ter- port.pdf [Accessed, 23 May 2017]
ritory: geographical perspectives on Vollaard, H. (2009). The logic of politi-
nationalism and regionalism. Annals cal territoriality. Geopolitics, 14 (4), pp.
Of The Association Of American Geog- 687--706.
raphers, 72 (4), pp. 514-531.
Kunić, P. (2007). Entitetska struktu-
ra i funkcionalnost BiH. Nova srpska
politička misao. Analize, III (5-6), pp.
51-60.
46 culture and media 
media impotent media and potent business-political oligarchy

impotent media and potent


business-political oligarchy
Helena Puljiz

The recent removal of Domagoj Novokmet,


editor and presenter of "Otvoreno" [Open]
Before dealing the forceful
daily political talk show, marked the com- blow to the commercial media,
pletion of an ideological takeover of the those in power mowed down
state television broadcaster by the ruling, the non-profit media, having
conservative HDZ [Croatian Democratic abolished the already short-term
Union]. Domagoj Novokmet was the last
and meagre forms of support
in a succession of editors and presenters of
key left-leaning political programmes who, for the non-profit media sector.
under political pressure in the last year- Non-profit media have continued
and-a-half, were denied the right to freely their work, but their editors and
do their work as journalists and editors. The journalists have more or less
Croatian Radiotelevision [HRT] is still mis-
produced on a voluntary basis,
takenly considered by many a public ser-
vice television broadcaster although, since so this media sector is no longer
Croatia gained independence, it has rarely a safe harbour for those who
approached this democratic ideal. fell in the politically-motivated
Even though Croatian citizens have sus- clearout of personnel from the
tained the existence of the HRT by paying
Croatian media.
the mandatory subscription fee, the public
has never had more than a minimal influ-
ence on its editorial policy. As a rule, HRT out a formal cause. It was merely a matter of
is governed by the governing parties. The waiting for a good opportunity.
formal reason for Domagoj Novokmet’s It would have been alright from the per-
dismissal was that he did not invite anyone spective of the Croatian media scene today
from USKOK [the State Prosecutor’s Office had Novokmet’s case been isolated, and it
for the Suppression of Organized Crime and were just a matter of the ongoing politically-
Corruption] to a programme addressing the motivated dismissals of HRT personnel, as
affair involving the football oligarch Zdravko dismissals in the HRT mainly do not lead to
Mamić, accused of signing footballers such sackings, so at least the colleague in ques-
as Luka Modrić or Dejan Lovren to extor- tion does not have to worry whether or not
tionate contracts, thus causing Dinamo FC they will continue to receive a salary. But
a loss of 116 million HRK. Although Novo- this was not the case. Novokmet merely
kmet’s superiors received the guest list in joined a series of journalists and editors
advance and approved it without objection, who were prevented from doing journalistic
once USKOK accused Novokmet of being and editorial work because of political pres-
unprofessional, he was promptly removed. sure, overwhelmingly in the private, com-
There has been talk of Novokmet’s dismissal mercial media sector, where the protection
Helena Puljiz ever since HDZ came into power – when enjoyed by the majority of those employed
independent journalist and crea-
tive director at http://novaczasve. Tomislav Karamarko was still in charge of at the HRT is not available.
com/ the party – but it could not be done with-
impotent media and potent business-political oligarchy   culture and media 47

Croatia has finally reached the summit when it comes to the most corrupt
countries in the European Union, and it seems unlikely that it will soon
topple from that throne. One of the reasons for this lies in the corrupt
media, but few people in Croatia even dare to publicly speak about it. Cor- Cor-
ruption in the media is rarely addressed as a problem in the public, so the
uninitiated observer may get the wrong impression that there simply is no
media corruption, while it is more likely that the truth is that it is so rife
and entrenched that it is no longer even recognised as corruption.

Before dealing the forceful blow to the Editorial policy is shaped outside edi-
commercial media, those in power mowed torial boards and is entirely dependent on
down the non-profit media – the former the particular political and/or economic
culture minister Zlatko Hasanbegović abol- interests of the publisher. It is common
ished the already short-term and meagre practice for editorial boards to be dismissed
forms of support for the non-profit media and appointed on someone’s political say-
sector, and his successor, the supposedly so. Today, Croatian editorial boards are
pro-European Nina Obuljen Koržinek, has dominated by editors who belong to the
continued the same policy towards the lowest rungs of the administration, not the
media. Non-profit media have continued highest ranks of journalists. Once again,
their work, but their editors and journalists editors walk around newsrooms wearing
have more or less produced on a voluntary camouflage Croatian Army clothes bearing
basis, so this media sector is no longer a safe prominent national symbols. Journalistic
harbour for those who fell in the politically- freedoms are under attack by anyone who
motivated clearout of personnel from the has tangible power – politicians, business-
Croatian media. men, war veterans’ organisations and citi-
At the turn of the century, the belief pre- zens’ associations close to the governing
vailed that privatising the media, as well as party, as well as media owners, for their own
foreign investment, will lead to increased particular economic and political interests.
pluralism in the Croatian media market, In the race for profit, influential small pub-
but unfortunately this did not come to lishers abandon ethical and professional
pass. Foreign media investors mostly did journalism, they "depoliticise" their content
not make the effort to guarantee the profes- in order to survive.
sional and labour rights protection for edi- It is no accident that publishers both
tors and journalists, a level of journalistic small and large trivialise content, push
freedoms characteristic of their countries sexualised content and reporting on acci-
of origin, but used all the "advantages" of a dents and personal tragedies (the current
politically controlled (media) market. Cer- editorial boards of leading media happily
tainly, there are brighter examples, but they rub their hands when it comes to sexual
are more of an exception than a rule. If an offences); this helps to create a quantitative
owner or manager running a media busi- mirage of producing media content that the
ness is democratically-minded and inclined public allegedly wants, but is in reality noth-
towards an open society characterised by ing but an escape form social responsibility.
the rule of law, it is likely that the editorial Because to play the role of those who watch
board will enjoy freedom to work and pro- over the powerful ultimately means to
tection from outside pressure. Totalitarian imperil the financial interests of media pub-
minds find such a manner of operating lishers. A majority of them did grow out of
unimaginable, and since media managers the business-political oligarchy, or is firmly
in the private sector are also mobilised from intertwined with it. Claims that investiga-
within party ranks that are totalitarian in tive journalism, or simply professional and
nature, it is hardly to be expected that the ethical journalism are expensive and uneco-
Croatian media will be run by managers dis- nomic do not mean that the public does not
posed towards free journalism and fostering want and demand such journalism; it only
freedom of speech or open social dialogue. means that it is not wanted by those who
guarantee publishers extra profits – who at
this moment in time, in the publishers’ view,
are certainly not the readers.
48 culture and media 
media impotent media and potent business-political oligarchy

Croatia has finally reached the summit advertiser, so no issue was made of his and
when it comes to the most corrupt coun- his businesses’ affairs. Todorić is osmoti-
tries in the European Union, and it seems cally connected to the large media firms,
unlikely that it will soon topple from that which is why even after everything that has
throne. One of the reasons for this lies in the gone on, journalists do not accost him, and
corrupt media, but few people in Croatia no cameras and fired up reporters wait out-
even dare to publicly speak about it. Cor- side his villa. It needs to be said that there
ruption in the media is rarely addressed as are still enough journalists in Croatian
a problem in the public, so the uninitiated newsrooms who would do this, but no chief
observer may get the wrong impression editors or editorial boards have the profes-
that there simply is no media corruption, sional integrity they would need to dare
while it is more likely that the truth is that it send them on such a mission or allow them
is so rife and entrenched that it is no longer to do it on their own initiative.
even recognised as corruption. Political and business elites, media own-
As a matter of fact, both small and large ers and prominent journalists/editors knew
commercial publishers stay away from that Agrokor would crack as early as in late
critical political journalism and only keep summer of 2016, but everyone kept quiet
it alive to the extent necessary for it not to until the company’s dealings had entirely
disappear completely. As market laws have poisoned national and regional finances.
never come to dominate in Croatia, and All those who were financially depend-
since rule of law has never been established, ent on advertising from the Agrokor com-
with the entire life of the media taking place pany while it was managed by Todorić are
under the watchful eye and the laws of the still financially dependent on its adver-
business-political oligarchy, it could logi- tisements now that it is managed by a
cally have been expected that in the end, commissioner appointed by the Croatian
publishers would choose censorship, and government. And this ultimately means
trivialisation of content as a special form of that the publishers’ earnings depend on
censorship, as a mode of survival. their being kind to prime minister Andrej
The ruins of the Agrokor company pro- Plenković and his administration. For this
vide the best view of how the entire main- reason, the coverage of Agrokor and the
stream media system functions. While Ivica functioning of Plenković’s government has
Todorić ruled Agrokor, he was the biggest been mainly serflike.

"Newspaper" by Silke Remmery, CC-BY-2.0


impotent media and potent business-political oligarchy   culture and media 49

Rare exceptions aside, our editorial Croatian journalism is not free. Accord-
boards are not democratic systems where ing to international organisations’ evalu-
freedom of expression and journalism ations measuring the global level of press
based on professionalism and ethics reign, freedom, Croatia has again begun an accel-
journalism whose goal it is to inform citi- erated descent, while still remaining within
zens on all the questions relevant to a dem- the realm of those states considered as hav-
ocratic society in order for them to be able ing a partially free media.
to make informed decisions. On average, The fact that the situation is nearly iden-
Croatian editorial boards are totalitarian tical in all other European transition states,
offices for producing media content, domi- and that in some developed democracies
nated by precarious work. media freedoms have waned, does not
Journalists’ average pay in Croatia today bring comfort. Unfortunately, we can state
is lower than the national average salary, that in Croatia, there has been no signifi-
while the number of unemployed journal- cant expansion of freedom of information
ists has tripled in just a couple of years. A for the past 27 years. The media have been
large number of those registered as unem- subdued, and it is now the turn of the free-
ployed have actually worked for years as dom of public speech on social networks.
collaborators on a permanent succession of These days we have witnessed detentions
short-term contracts with no worker’s rights and arrests for malignant Facebook statuses
whatsoever; it is this existential pressure, in – and it is not the application of a law that
a country where unemployment has fallen recognises and penalises hate speech on
exclusively as a result of accelerating emi- social networks that is the problem, but the
gration of work-capable population, that fact that it is exclusively selectively applied
has created a lethal atmosphere in news- against ideological opponents. Brutal
rooms. threats, slander and terrifying hate speech
It has been shown in practice that hon- are not punished when they are used by
ourably doing one’s work as a journalist, members of the business and political elites,
expressing critical opinions on the ruling that is members and followers of right-wing
powers-that-be – despite the fact that the parties neo-fascist groups.
public recognises and rewards such work – Croatian citizens today are half-
refusing to serve the powerful and insisting informed, often disinformed, and when this
on working in the interest of the common ties in with the ruined education system,
good, can at any moment lead to you find- it seems to me that this place could easily
ing yourself on the street, with no income fall under a dictatorship, as the majority is
and no protection of any kind from the entirely uninformed and unaware of why
aggression of those who feel aggrieved by dictatorship as a form of government would
your work. For this reason, self-censorship be unacceptable for Croatia today, to say the
has metastasised throughout the Croatian least.
media. We are also witnessing the phenom- translated by Hana Dvornik
enon of the author gaining the attention of
the broader public, but having no media in
which they could work freely.
50 culture and media 
media why must education in Bosnia and Herzegovina be reformed, and why reform is impossible?

uneducation policy: captured education


why must education in Bosnia
and Herzegovina be reformed,
and why reform is impossible?
Nenad Veličković

The answer to the first part of the question –


The ethnically divided education
why education in BH needs to be reformed
– is evident: twenty years since the armed leads directly to weakened com-
com-
conflict, crimes committed and mass, the munication, increasing mistrust
Bosnian-Herzegovinian society has deterio- and obstructing the flow of ideas,
rated in every way: growing unemployment, limiting and controlling competi-
competi-
accelerating brain drain, inter-national ten-
tion and the market – in short, a
sions are high and threaten new conflicts;
administration at all levels is too large, mass provincialisation benefiting
inefficient and corrupt; the budget drained the ethnic parties leeching on
and overburdened with debt. Democratic the state resources.
procedures have been transformed into
instruments of party control over economic
resources. and affirming the laws of the market and
All this is possible because, among other competition. Teaching methods and text-
things, no political option has a clear alter- books are antiquated, educational goals
native to the current situation – because and standards low, teaching staff disunited,
such an alternative would have to be built scared and unmotivated.
on a different social value system. The exist- As a consequence of such education
ing system is determined by the interests of policy and practice, generations of future
capital, more specifically, by the interests of voters will not master the skills necessary
the ethnic-economic elites drawing their for good democratic decision-making, pri-
credibility from two sources: the neoliberal marily critical thinking based on verifiably
logic of the free market and the narrative of reliable information, in the course of their
identity and nation. thirteen-year education. The entire set of
Since these elites, who find their politi- educational goals that the community of
cal embodiment in the biggest national European states has set as its standard has
parties (Bosniak, Croat and Serb), usurp, been pushed into the background in Bos-
control and use all existing state appara- nia and Herzegovina, and is only addressed
tuses, including the education system, it is occasionally, in a way that is shallow and
to be expected that education policy will declarative.
also be put in service of their remaining in Therefore, if the direct connection
power. between the current catastrophic economic
Specifically, the curricula in primary and political situation in the country and
and secondary schools (and, to a lesser the poor education system were made, not
extent and depth, that is, in a different form, to do which would be practically impossi-
in kindergartens and universities as well) ble, as well as foolish and irresponsible, it
Nenad Veličković are defined so as to favour national values, would be evident that without an educa-
Associate professor at the identity-based differences (of language, tion reform, the society cannot be reformed
Sarajevo University; editor of
Školegijum, a magazine for a faith, history, culture...), while promoting either.
more just education entrepreneurship and private ownership,
why must education in Bosnia and Herzegovina be reformed, and why reform is impossible?  culture and media 51

It is clear that no reform initiative will


come from those managing the educational European Institutions repre-
repre-
apparatus, as they need it just the way it is. sentatives in Bosnia and Her-
Her-
This is why no leading party programme zegovina consider education
features education as an issue. Leaving
policy an internal matter of
it in the background, while entering the
political arena with the questions of sur- Bosnia and Herzegovina, with
vival, endangerment, patriotism, collective which they have no right to
guilt, with social issues featured merely as interfere. Which is incorrect, as
empty rethoric, they count precisely on the the powers they have and the
education-system-guaranteed incapacity
pressure mechanisms they have
of the majority (not educated to think criti-
cally and responsibly and to make decisions at their disposal would allow
objectively) to see through their strategy them to do much more. Still,
and become aware of its passive role in the they do not do it, as they are
process of pillaging the country by means of constrained by their own double,
privatisation. The ethnically divided educa-
conflicting standards. Namely,
tion leads directly to weakened communi-
cation, increasing mistrust and obstructing
their own basis is not immune
the flow of ideas, limiting and controlling to nationalism. Their own
competition and the market – in short, a fundamental values, although
mass provincialisation benefiting the eth- obscured by pro-European eu- eu -
nic parties leeching on the state resources.
phoria, are essentially national-
national-
In this context, the phenomenon of Two
schools under one roof should be viewed
ist and capitalist.
merely as a logical and politically justi-
fied solution to the question of who exer-
cises authority over education, that is, the sess the credibility for such an articulation,
question of the right of nationalist elites to while the values themselves are not pro-
indoctrinate those obliged to go to school moted through the voters’ education. In
in their own interests. This question cannot fact, even the so-called parties of the Left
be solved without a rejection of an ethni- have flirted with the values of the reigning
cally-based education, which means rede- Right. The best example for this can be seen
fining the role and importance of subject in the policies pursued by the SDP (Social
matter related to identity and culture in the Democrat Party) in the period when this
process of education, such as for instance, party held the federal, as well as four out of
rejecting the premise of three allegedly dis- six cantonal education ministries.
tinct languages – Bosnian, Croatian and The second reason is that opposition
Serbian. parties do not have the resources (neither
Why, however, do opposition parties material nor in expertise) to envisage, plan,
not enter elections with clear and well- develop, prepare and implement the neces-
thought-through demands and suggestions sary reform. Such resources are realistically
for reforming the education system? And held only by the academic community, but,
why do representatives of European values just like the state apparatus, it has been
omit to more actively advocate for them, in harnessed for the interests of the ruling
the framework of their missions here? There elite and has not done enough to pursue
are at least two reasons why opposition par- research addressing education policy and
ties do not have active alternative educa- the ideological function of education.
tion policies. On the other hand, European Institu-
The first reason is that alternative tions representatives in Bosnia and Herze-
education policy must start with alterna- govina concede absolute sovereignty over
tive social values, which in this case are in education to the cantons, the Brčko district
opposition to the values of capitalism and and the Serb entity, considering education
ethnic nationalism. Alternative parties have policy an internal matter of Bosnia and
not articulated such values, for purely prag- Herzegovina, with which they have no right
matic reasons: they do not believe that such to interfere. Which is incorrect, as the pow-
a starting point would gain them enough ers they have and the pressure mechanisms
votes. Which is correct, as they do not pos- they have at their disposal would allow
52 culture and media 
media why must education in Bosnia and Herzegovina be reformed, and why reform is impossible?

"Education is all – University of Manituba" by Alan Levine, CC-BY-2.0

them to do much more. Still, they do not However, reform is currently impossi-
do it, as they are constrained by their own ble, as there is no political force that could
double, conflicting standards. Namely, their offer an alternative that could be realisti-
own basis is not immune to nationalism. cally implemented.
Their own fundamental values, although This paradox will result in an educa-
obscured by pro-European euphoria, are tion policy that will sabotage any reform,
essentially nationalist and capitalist. strengthening its nationalist and neoliberal
For education reform in Bosna and positions using the means of the interna-
Herzegovina to be carried out in a way tional community. The intensity and trans-
that would make education truly inclusive, parency of this sabotage will depend on the
modern and humanist, it is necessary to relations between the forces in the Parlia-
have a vision, models, instruments, funds ment, but lacking a more convincing alter-
and people. native, there will be no departures from the
The vision is blurred (as the wrong lens current course.
is being used), the models are dim (apart However, this short, discouraging (!)
from Finland), the instruments are obso- analysis dialectically suggests an entire
lete, funds are meagre and people discour- spectrum of concrete steps that may and
aged. must be taken so that real reform of the
Education in Bosnia and Herzegovina education system in Bosnia and Herze-
must be reformed, because it is directed govina may nevertheless one day become
against the welfare of the majority of chil- possible.
dren and it directly contributes to the paral- translated by Hana Dvornik
ysis of the state and the degeneration of the
society.
successfully maintained obstructions  experiences with captured states 53

experiences with captured states


successfully maintained obstructions
Zlatko Dizdarević

For many older and middle-aged people in


The war and peace were stopped
the former Yugoslavia, one of greatest and
most serious sources of anguish lies in the half-way. The defeat of the
fact that today, in this new life, the entire greatest cannot be declared
logic of life they grew up with in that "For- for doctrinal reasons of world
mer" represents a serious problem. There politics, while the traumas of the
is much that used to be a value "then",
biggest victim cannot be swept
accepted and established, that is today an
object of utter denial, of ridicule. What used under the carpet. Here lies the
to be on the opposite side of morality, intel- permanent anguish, in response
ligence, and knowledge is today frequently to which many inchoate solu-
solu-
a condition not only for prosperity, but for tions were given, including the
bare survival. Nowadays, honesty in the
programmatic "capture of the
old-fashioned terms is all to often read as
stupidity and incompetence, education as society".
something only those "who can’t do any-
thing else" need, while openness to every and their measures of worth. Value systems
kind of corruption all the way to classical are adapted for dwarves, and they have no
thievery, is nothing more or less than proof strength, capacity or interest for a race with
of resourcefulness and "business capacity". anything genuinely immense. Should we
For many, opportunism, to the level of a race then marvel at the fact that new states are
in sycophancy, has become not merely a tailored to a new reality, which must serve
common necessity in their line of work, but the new interests and their control? There-
a conditio sine qua non! fore they, the states, are not a product of
In a situation like this, it is difficult to erstwhile textbook definitions on who they
reconcile oneself with the overall reality in are to serve, on the basis of which historic
which destruction of society and state must principles and theories of state and law they
be read as the reality, as interest, and even should be formed, which laws they should
policy, while the projects that are operative obey, what are their forms and standards, in
in bringing about these "new standards" whose interest they should be...
slowly but successfully migrate into the zone All of this should be kept in mind, even
comprising the normal, the unquestionable if just in passing, if we are to try to find an
and the somewhat fatefully unavoidable. answer to the question – say, in the Bosnia
People get accustomed. The years we have and Herzegovina of today – how, why and
left behind us, from the wars of the Nineties for what was this state captured, and how
until today, have left their mark. Memories come that its successful maintenance in
fade, old truths mutate into lies and decep- this state of "slavery" and obstruction – is a
tions, while the new criteria for good and planned and carefully sustained business.
evil, smart and stupid, wise and snobbish,
have already become established as to be Zlatko Dizdarević
unimpeachable. The same goes for people Diplomat and journalist, Sarajevo
54 experiences with captured states 
states successfully maintained obstructions

constitutionally outvotes the minority, thus


The declared principle of three constitutional producing the concept of a permanent war
peoples that bypasses the constitutiveness of all between the two and the third, or between
BH citizens, that is, confining all those who do not one and the two, the so-called integral and
independent state neither possesses a sin-
declare themselves members of any of the three
gle internal sovereignty, nor is it integral or
peoples to the category of "other", precludes the independent even to the extent necessary
achievement of basic equality between all citizens for it to be free, and not captured.
of BiH. It follows logically that as such, they do not The second paradox that "constitution-
even have equal active and passive voting rights. ally" determines the situation of capture
of the state and society is the critical error
Politics cannot solve this, as it is based on the inter-
inter-
of construction in the generally accepted
est of division and national exclusiveness, while the democratic concept of free elections, on
international community, whatever that may be, has which contemporary states are supposed to
no strength – meaning interest – to sanction this. rest. It is a notorious fact that the declared
principle of three constitutional peoples
that bypasses the constitutiveness of all BH
The state of Bosnia and Herzegovina, citizens, that is, confining all those who do
created as would-be sovereign, independent not declare themselves members of any of
and self-sustaining, was inaugurated by the the three people to the category of "other",
international Dayton peace agreement, as a precludes the achievement of basic equal-
by-product of the original intention to put a ity between all citizens of BiH. It is not just
stop to the bloody war in 1995. It got out of that they are formally, constitutionally
their hands and they got tired, and the mad- unequal throughout the state, but it follows
ness refuses to cease. Bad news both for the logically that as such, they do not even have
atmosphere at home and for the electoral equal active and passive voting rights. The
climate for the many over there, far from "enslavement" of a segment of the citizenry
Bosnia. The construction and overall effort in such a state is clear to see. Politics can-
were directed at putting an end to the shoot- not solve this, as it is based on the interest of
ing. They succeeded. In addition, along the division and ethno-national exclusiveness,
way, to deal with the former darkness in the while the international community, what-
name of "a new era", of "democracy", and ever that may be, has no strength – meaning
head off into the bright future. Here, they interest – to sanction this. The key ruling of
did not succeed. And war and peace were the Strasbourg court on this issue has not
stopped half-way. The defeat of the great- been implemented for eight years. And not
est cannot be declared for doctrinal reasons a word from anyone. Who is the captured
of world politics, while the traumas of the party here?
biggest victim cannot be swept under the Another, no less significant piece of
carpet. Here lies the permanent anguish, in nonsense lies in the fact that the country’s
response to which many inchoate solutions leading political parties, generally those
were given, including the programmatic that stem from the three-part national con-
"capture of the society". stitutionality, are showing no interest in
The first condition for the construction eliminating this form of a constitutional and
of a free, rather than a captured state, has political concept of division of society, if at
not been met because the international, least the minimum to appear to follow the
will apparently inclined towards peace and evidently dubious declarations about the
concept of constitutional adaptation to the "European path of BH". The logic becomes
new society and new interests would neither clear in further discussion of the "divided"
desire nor allow it. In short, in BH, a system reality here, in which the lowbrow politics,
of "capturedness" has been constitutionally entirely stolen by nation and interests, has
built in, a system resting on the elimination successfully outplayed all the fundamen-
of the historical substance – a common free tal principles of democracy. The narrative
society – to the benefit of a destructive con- is transparent and clear, formally attested
cept of division and the strong overriding to by invitations to free elections that, as is
the weak. The division sought new hate and well known, are considered the chief mech-
the production of permanent intolerance, anism for the expression of the citizens’ will
which also required a constitutional basis. in choosing those who suit them most.
And so it came to be. In a reality in which Recent statistical data on employment
in each micro-environment, the majority in BH show that of all the people in the coun-
successfully maintained obstructions  experiences with captured states 55

try who are employed, meaning those who said referring to a notorious truth: even the
are more or less regularly registered as such, money given for fake diplomas that used to
more than half receive their income from figure as a condition in job ads was given
the state budget, from various levels of the in vain. No diploma makes any sense if HE,
vast public administration. From the lowest, the representative of the people, doesn’t say
local, to the highest levels of the entities and that the party and the constitutive people
the so-called "state". The size of the admin- find you suitable. If you are not suitable,
istration in such a BH is best illustrated the state border is open – getting a passport
by the fact that throughout Europe, there is still not conditional on being suitable to
will be one civil servant per one thousand the party and to the people. Of course, the
inhabitants, more or less. In BH, there is an reverse is also true: If you are especially suit-
administrative servant, drawing their salary able and needed, there are no issues to you,
from the state budget, for every 52 citizens. as a national representative of this state,
Another fact: in Europe, annual financing even its former ambassador, becoming a
for salaries for those employed in the public representative of another state’s delegation
administration takes up 3-5 percent of the in the European Parliament. Yet, you do not
GDP, while in BH this amounts to 14 per- belong to the diaspora, but a "constitutive
cent! All of this would be a problem in and people" of an allegedly sovereign state. What
of itself, beyond a strict reading of the issue kind of state? Well, probably a captured one.
of "captured society", if the local practice of The story of local bigwigs who managed
complete control over the electorate by the to use their size, tricks, connections and
leading parties had not been taken to the allegiances to join the forces "enslaving" the
level of national and party absolutism. Sim- state and its institutions from within, is well
ply put, getting any kind of a job in the pub- known and not exactly an exclusive. Various
lic administration, from doorman to "boss", Miškovićes, Todorićes, and similar newfan-
without enrolling in the party "tribe", is gled national oligarchs born through priva-
completely unimaginable. Clearly, it goes tisations of the common wealth are always
without saying that those employed thanks around. But the case of the state that was
to family ties are suitable to the parties. enslaved by its own laws, its own Constitu-
Simply, the fact that more than fifty per- tion, international "historic" political deci-
cent of the electorate, in addition to mem- sions in the name of freedom, a state where
bers of the families of those employed who many totalitarian aspects of depriving the
have the right to vote, have been bought for citizens of those rights that were inscribed
the ballot box, in advance and existentially. in many international charters, declarations
When the overall electorate is additionally and decisions as fundamental and inviola-
divided by three, the level of control over ble have been wholly legalised – is quite a
each vote is total. piece of nonsense. It would be even in states
Clearly, not everyone who "enrolled" in that are reasonably considered transpar-
a party has to be a great fan of the ideas of ently undemocratic.
the party that got their vote, but as the old It is as if to confirm the saying, "in Bos-
opportunist saying goes: love is love, but nia, anything can always be done". It gets
business is business. This is why we are in overlooked that the times are different,
what is becoming a slightly grotesque situ- reactions are ever more intolerant, while
ation between two electoral cycles, featur- the threshold of tolerance is sinking, even
ing deafening all-out invective against the among those who do not even remember
administration and officials, parties and how things were when things were better.
"leaders". And then, for more than twenty The state will somehow endure its cap-
years since the establishment of the "free turedness, but the society here is less and
and democratic state", the differences less capable to do so. If the circumstances
between votes do not amount to more were objective, things could somehow still
than a nuance, for the same concept and be managed. However, it is dawning on the
almost the same people. Those who man- majority that they are not objective. In BH,
age to wrest the formal right given to the obstruction of change is still fed and sus-
leading parties, protectors of the "constitu- tained in a planned fashion. And so is state
tive peoples", to determine who will be the capture.
chauffeur here, and who a president as the translated by Hana Dvornik
"people’s representative" there, who will be
a teacher or an ambassador, a cashier or a
director over there... As someone jokingly
56 experiences with captured states 
states local captured state – an empirical view

local captured state –


an empirical view
Nives Miošić-Lisjak

Unlike corruption, which might be limited


According to the results, capture
to a single occurrence, capture is systemic
produces numerous negative and structural and persists over an extended
effects – from creating new or time period, thus causing significant social,
widening existing inequalities economic and/or environmental harm and
(access to jobs, access to busi-
busi- undermining the core democratic values.
A team of researchers from academia1
ness opportunities, possibilities
and civil society in Croatia recently con-
of self-actualization), through ducted research on local state capture
generating a sense of inability and publicized the results, under the
and pointlessness of public action, title Croatia’s Captured Places2. Using the
to political apathy and disinterest case study approach, the research exam-
ined governance practices in three cities
in politics on the part of citizens.
– Zagreb, Dubrovnik and Slavonski Brod,
On its own, each of these ele-
ele- and one county – Istria, focusing on actors
ments has a negative effect on and mechanisms of capture, including the
the political and social develop-
develop - extent to which citizens of these commu-
ment of local communities, while nities are aware of and opposed to such
practices. By choosing different localities in
their combined effects are seri-
seri-
very different areas of the country, with very
ously detrimental to the further different types and quantities of resources,
development of democracy. and with different types of political actors
and political blocks in power, the research
In contemporary attempts to explain, or at attempted to outline the key characteristics
least describe governance practices that are, of local state capture in Croatia.
for the most part, falling short of fulfilling The results of the research confirmed
the needs of communities, or indeed entire the presence of capture practices in each of
societies, social scientists, donors and civil the localities, yet on a different scale, and
society organisations are increasingly refer- adapted to local political contexts as well
ring to a relatively new concept – capture, as to the nature and quantity of resources
and its alterations – state capture, policy available. Additionally, it confirmed the
capture, regulatory capture. Like most con- astuteness of actors in combining formal
cepts denoting processes, the definition is rules and informal practices in order to
somewhat elusive, as processes are deeply achieve particularist interests.
contextualized. Yet, there are a few common
characteristics that might help in identify- 1 dr. Paul Stubbs, Institute of Economics, Zagreb; prof.
dr. Berto Šalaj, Faculty of Political Science, Zagreb
ing capture; these include the control of
University; prof. dr. Siniša Zrinščak, Faculty of Law,
public resources and their allocation to the Zagreb University, and four researchers from GONG
Nives Miošić-Lisjak benefit of a particularist interest (or interest – Nives Miošić-Lisjak, Dražen Hoffmann, Duje Prkut
Until recently, the head of the and Dragan Zelić.
GONG research team; currently groups) based on, often entangled, political, 2 http://www.gong.hr/media/uploads/croatia’s_cap-
independent consultant, Zagreb economic and social power and influence. tured_places.pdf
local captured state – an empirical view   experiences with captured states 57

According to the results, capture pro-


duces numerous negative effects – from cre- Common elements identified
ating new or widening existing inequalities in all localities fall under the
(access to jobs, access to business oppor-
denominator of captured control
tunities, possibilities of self-actualization),
mechanisms – the political oppo-
oppo-
through generating a sense of inability and
pointlessness of public action, to political sition, the media and civil society.
apathy and disinterest in politics on the Weaknesses of the opposition
part of citizens. On its own, each of these are again locally highly context
elements has a negative effect on the politi- specific, while the local media
cal and social development of local com-
and civil society are financially
munities, while their combined effects are
seriously detrimental to the further devel- dependent on local authorities,
opment of democracy. which constrains almost entirely
In terms of policy areas, the research any type of criticism, and conse-
conse-
unearthed several that are "conducive" to quentially impede their working
capture: employment/appointment pro-
in the public interest. Critical
cedures, communal construction works,
spatial planning and social policy, each voices are subdued by disciplinary
fulfilling several functions enabling or per- measures including public defa-
defa-
petuating capture, as depicted in the Table mation, (threats of) withdrawal
below. of funding and/or working space.
and value of resources

Increasing chances of
Exerting control over

Resource distribution
Expanding networks

Gaining the political


Increasing quantity

political options
support of other
within network
in the network

Functions
re-election
networks

Employment/appointments X X X X X
Mechanisms

Communal construction works X X X X


Spatial planning X X
Social policy measures X X

Capture practices are enabled and sup- the HDZ’s rank and file in city-owned com-
ported by existing legal and institutional panies that he controls. Mirko Duspara in
frameworks, and are developed in inter- Slavonski Brod, on the other hand, "trades"
action between identified local agents of primarily with the SDP, since his political
capture and the leading national parties carrier took off once he established him-
(HDZ and SDP), allowing for a hypothesis self as an antipode to the HDZ. He ensures
that the practices present in the four locali- employment for members of the local SDP
ties are occurring nationwide. Namely, an and provides implicit support to the SDP in
invisible hand of the political market in all national elections. Dubrovnik mayor Andro
localities has been identified, although the Vlahušić used the deal between the SDP and
modalities of "political trading" between the HNS on the national level, where his
the local and national levels are highly con- party – when they were the junior partner
textualised. Thus, in Istria, the IDS "trades" in the ruling coalition – controlled minis-
both with the HDZ and the SDP, justifying tries important for "heavy-duty" projects,
such an approach by the need to implement which Vlahušić would implement locally.
projects important to the inhabitants of The flip side of this, i.e. the support Vlahušić
Istria, regardless of ideological differences. received from the HNS and the SDP, can be
In Zagreb, Milan Bandić "trades" primarily interpreted as their wish to politically con-
with the HDZ at the national level, by pro- trol Dubrovnik, given the size of its budget,
viding political support to the HDZ in the its reputation globally, but also the projects
Croatian parliament, but also by employing planned for the future.
58 experiences with captured states 
states local captured state – an empirical view

Common elements identified in all Captured democratic control mecha-


localities fall under the denominator of nisms and the failure of voters to punish
captured control mechanisms – the politi- the lack of political accountability mean
cal opposition, the media and civil society. that the key mechanism of representative
The weaknesses of the opposition are again democracy – political "punishment" of the
highly specific to the local context, while governing by the governed – has been lost.
the local media and civil society are finan- Therein lies the biggest of dangers to further
cially dependent on local authorities, which development of democracy.
constrains almost entirely any type of criti- The authors offered two sets of recom-
cism, and consequentially limits their abil- mendations to strengthen the points of
ity to work in the public interest. Critical resistance to local state capture. The first
voices are subdued by disciplinary meas- set focuses on necessary legislative changes,
ures including public defamation, (threats arguing for the need for these changes to
of ) withdrawal of funding and/or working take place simultaneously in order to be
space. "revolutionary". At a more realistic level,
The citizens are aware of the mecha- the authors argue that these changes would
nisms leading to capture, but they con- at least increase the transaction costs of
sider them to be part of the "normal" and capture. The second set of recommenda-
sometimes "expected" behaviour of politi- tions is more long-term, focused on the
cians. For citizens, integrity is not the basis necessary increase of the level of political
on which they make political choices; they culture among the citizens through coor-
thus seek an alternative point of difference dinated impact of the education system,
between candidates. In the four cases exam- with the support of organized civil society
ined, voters opted for powerful, charismatic and through expanding the few existing, yet
leaders with strong political instincts who very important, independent (non-profit)
successfully built their images as "benefac- media outlets and support to local citizen
tors". Since the dominant position is that initiatives opposing capture practices.
political corruption is the starting point of
Croatian politics, voting for a "benefactor"
creating multiple patron-client relation-
ships is not a problem.
the story of a party’s attempt to prevent democratic alternation of power  experiences with captured states 59

when state capture and


myths of victimization meet
the story of a party’s attempt
to prevent democratic alternation
of power
Jovan Bliznakovski

The April incident represents just one of the manifestations of VMRO-


DPMNE’s strategy to prevent government alternation which most broadly
contained two main elements: 1) reliance on the already established mecha-
mecha-
nisms of control of the institutions and 2) reliance on ethnocentric myths
of victimization which were used to create an image that the fall of the
party would bring to a "destruction" of the state. Through these two actions
VMRO-DPMNE managed to significantly affect the institutional and political
outcomes, as well as to ensure public support through the last several years.

The protracted fall from power of VMRO- dual strategy for prevention
DPMNE in Macedonia, a process lasting for of government alternation
more than two years, represents an extraor-
dinary series of events which by itself mer- VMRO-DPMNE’s eleven-year rule in the
its attention. A political elite caught "red Republic of Macedonia (2006-2017) came
handed" in a long list of wrongdoings has to a close during April and May, when a
managed to remain a pivotal political com- new parliamentary majority took control of
petitor and a factor preventing government the parliament and appointed a new gov-
alternation. Many would agree that this is ernment. For many, this was the only pos-
an impermissible situation for a country sible outcome following the Wiretapping
with a recommendation for opening EU Affair of 2015 which revealed the character
accession negotiations. This "success" of a of VMRO-DPMNE’s government. With the
party responsible for one of the most noto- publication of the wiretapped recordings,
rious political scandals in contemporary Macedonian citizens had the possibility
Europe was partly achieved through reli- to explicitly witness the specifics behind
ance on ethnocentric myths of victimiza- the state capture operation. The revealed
tion. These myths have served a legitimizing conversations indicated an extensive list of
function and assured a great level of public wrongdoings, beginning with the unlawful
support for an openly corrupt political elite. wiretapping itself (directed at both individ-
The article describes how this was done, sin- uals supportive of, or opposing the rule of
gles out the implications and discusses how VMRO-DPMNE, as well as the party’s own
myths of victimization affect the project of members) and ending with many episodes
EU enlargement in the Western Balkans. involving flagrant abuse of power, includ- Jovan Bliznakovski
ing but not limited to corrupt acts, electoral PhD fellow at NASP, Graduate
School of Social and Political
fraud, actions aimed at establishing control Science, University of Milan. In
over public and private media and suppres- the period 2014-2016 served
sion of the opposition and the civil sector. as programme director in the
Institute for Democracy "Societas
Yet, the party and its elite proved to be Civilis" (IDSCS), Skopje, Mac-
very resilient. It managed to significantly edonia
60 experiences with captured states 
states the story of a party’s attempt to prevent democratic alternation of power

ment of the election of a parliamentary


Despite the constitutionally speaker, which represented the first step
guaranteed bilingualism, and de-
de- leading to alternation of power. Protesters
spite the existence of no explicit claimed that alternation would cause severe
damage to the state, its unitary character,
connection between bilingualism
and the position of the Macedonian ethnic
and federalization, and moreover group within it. The protest got out of hand
without publicly present tangible when MPs from the new parliamentary
demands for federalizing the majority were physically attacked inside the
country by key Albanian political parliamentary premises. State institutions
remained cut off and failed to react promptly,
leaders, VMRO-DPMNE man- man-
a situation which fuelled the public agony of
aged to manipulate the distrust uncertainty during the bloody night. While
of segments of the public to intervention was assured only several hours
block government alternation after the violence erupted, the public quickly
for several months. As outlined, learned that the command chain in the
police force was largely responsible for the
this was done by constructing a
failure to react promptly and accordingly.
complex narrative of conspiracy Thus, the April incident represents
against the country, implicitly just one of the manifestations of VMRO-
directed against the Albanian DPMNE’s strategy to prevent government
ethnic group and with cues for al-
al- alternation which most broadly contained
leged domestic and international two main elements: 1) reliance on the
already established mechanisms of con-
involvement against Macedonian
trol over the institutions and 2) reliance on
statehood and self-determination. ethnocentric myths of victimization which
were used to create an image that the fall
of the party would bring about a "destruc-
diminish the achievements of the EU-bro- tion" of the state. Through these two actions
kered "Przhino Agreement", which aimed VMRO-DPMNE managed to significantly
to create a level political playing field and affect institutional and political outcomes,
which designed steps for assuring accounta- as well as to ensure public support through
bility. VMRO-DPMNE managed this through the last several years.
reliance on the captured institutions, in
which the party continued to "push the but-
tons" in order to ensure electoral advantage brief history of the equation
and impunity. Perhaps more remarkably, between state and party
the party stepped down from power while
still enjoying significant political popular- VMRO-DPMNE’s history is instructive for
ity despite the clear responsibility related to understanding the high ethnocentric appeal
the wiretapped revelations: VMRO-DPMNE that the party enjoys in the present day. It was
won 51 MPs in the 120-seat Parliament at established as a political party championing
the December 2016 general elections, as the cause of ethnic Macedonians, claiming
well as the largest portion of votes. Finally, to be a direct descendant of the Internal
when it became increasingly clear that Macedonian Revolutionary Organization
despite the significant electoral achieve- (VMRO), a rebel group active at the turn of
ment, VMRO-DPMNE would not manage to the 20th century, which demanded self-rule
negotiate a majority in the parliament, the for Macedonia (then part of the Ottoman
party utilized its ethnocentric appeal to fur- Empire). VMRO-DPMNE was one of the
ther delay its imminent fall. As a result, the first political actors that openly pressed for
country remained in the well-known state of Macedonia’s exit from the socialist Yugosla-
protracted political crisis that the elections vian federation. Despite being very popular
were supposed to swiftly resolve. during the whole first decade of Macedonian
The events of spring 2017 clearly exposed independence due to its patriotic branding,
VMRO-DPMNE’s dual strategy for preven- it only managed to attain power in 1998,
tion of government alternation. On the night missing a chance to lead the country follow-
of 27 April, protesters from the ethnocen- ing the first multiparty elections (1990) due
tric movement "For Common Macedonia" to its unwillingness to form a coalition with
stormed the parliament, demanding annul- an ethnic Albanian political party.
the story of a party’s attempt to prevent democratic alternation of power   experiences with captured states 61

Having spent the first decade of Mace- VMRO-DPMNE’s reluctance to reach a


donian independence largely in opposition, deal with Greece, as well as the recourse to
VMRO-DPMNE stood against the Interim "antiquisation", was seen by many ethnic
Accord with Greece (1995), and in particu- Macedonians as a matter of national pride.
lar against the provisions that cemented These actions went in parallel with VMRO-
the use of the name "the former Yugoslav DPMNE’s success in publicly demoniz-
Republic of Macedonia (FYROM)" in mul- ing the opposition as "treacherous", and
tilateral international relations and the in further framing the concessions of the
change of the state’s flag stipulated within 1990s and the early 2000s as a "sellout" of
the agreement. Internally, it stood against the Macedonian national interests. By the
the concessions that the SDSM-led govern- Bucharest NATO Summit in 2008, which
ment made to the Albanian minority in the "buried" Macedonia’s ambitions to join the
country and in particular on the issue of Alliance, VMRO-DPMNE was largely viewed
Albanian language higher education. In this internally as the only protector of ethnic
way, it broadened its ethnocentric appeal Macedonian interests. Despite the inability
and strengthened its ethnic Macedonian of VMRO-DPMNE’s governments to bring
electoral base. NATO membership to the country (and
The internal conflict of 2001 and later to start accession negotiations with the
VMRO-DPMNE’s acceptance of the Ohrid EU), the party’s popularity remained stable
Framework Agreement (OFA) that ended it, – high and constant – throughout the years.
somewhat diminished the party’s reputa-
tion among Macedonian nationalists, but
only for a short time. The OFA led to a more a myth intended to save
inclusive framework of the state with regard from an imminent fall
to the ethnic minorities, and especially the
Albanian ethnic group, whose demands VMRO-DPMNE faced the Wiretapping Affair
were the main drivers of this redefinition in this mode: largely seen internally as the
of the Macedonian polity. This was seen sole protector of Macedonian interests.
by many ethnic Macedonians as harmful Contrary to the accusations of significant
for Macedonian interests. The outcome of wrongdoing, the party publicly pushed a
the conflict, as well as the electoral defeat narrative in which it presented itself as a
at the hands of SDSM at the 2002 elections victim in the scandal, claiming that (never
brought changes in the party leadership – precisely named) foreign secret services
long-term president Ljubcho Georgievski had joined forces with domestic "traitors"
was replaced by Nikola Gruevski. During to push an agenda consisting of two points:
Gruevski’s leadership, the party went on to federalization of the country and speedy
reclaim and expand its ethnocentric appeal "sell-off" of the country’s name. A part of
and managed to achieve a significant suc- this narrative lay in the disagreement that
cess – winning four rounds of general elec- the wiretapped recordings were authentic
tions in a dominating fashion (2006, 2008, at all; instead, VMRO-DPMNE claimed that
2011, and 2014). the recordings were fabricated in an attempt
Under Gruevski, VMRO-DPMNE to conspire against Macedonian statehood.
strengthened its opposition to any agree- VMRO-DPMNE’s campaign for the
ment with Greece over the name dispute, December 2016 elections was also focused
reframing the conflict as a question of on the outlined conspiracy theory. While
national identity. Furthermore, Gruevski’s the opposition SDSM promoted an agenda
government created a new dynamic in the of advancement of official use of the Alba-
overall dispute – by pursuing a programme nian language, VMRO-DPMNE used this
of so-called "antiquisation" (best visible in as "proof" that the country will be federal-
the "Skopje 2014" project), which aimed to ized if government alternation takes place.
establish a historical continuity between the This was, of course, very much exaggerated,
ancient kingdom of Alexander the Great and given that the Albanian language has been
the contemporary Macedonian state, an used in official communication in Macedo-
idea towards which Greece is unequivocally nia since 2002 and this was done while reaf-
opposed. This further complicated the pos- firming the country’s unitary framework.
sibilities for resolution of the long-standing When the leaders of Albanian parlia-
name dispute, which represents the most mentary parties agreed a joint platform after
important external obstacle for Macedonia’s the elections, which also included demands
EU/NATO accession. for advancement of the use of Albanian
62 experiences with captured states 
states the story of a party’s attempt to prevent democratic alternation of power

language, VMRO-DPMNE depicted this as


interference of the Republic of Albania in the EU must deal with
Macedonia’s internal dealings. Gruevski the myths of victimization
used the media to call for "defence" of the operating in Western
state, claiming that it is "under attack" by
domestic and external conspirators. Upon Balkans societies
this, the movement "For a Common Mac-
edonia", which served as a cover-up for the The "blockade" that Macedonia expe-
April events, emerged. Its main demands rienced in its EU and NATO accession
closely reflected VMRO-DPMNE’s positions processes has directly contributed to the
and multiplied the reach of the "federaliza- development of the myths of victimization
tion myth". that VMRO-DPMNE skillfully used to pre-
Despite the constitutionally guaranteed vent alternation of power. Large segments of
bilingualism, and despite the existence of the population began to cultivate a genuine
no explicit connection between bilingual- mistrust towards the international commu-
ism and federalization, and moreover des- nity and especially towards the EU, which
pite there being no tangible public demands was increasingly seen as a factor going
for federalizing the country by key Albanian against Macedonian positions in the name
political leaders, VMRO-DPMNE managed dispute with Greece. Public opinion polls
to manipulate the distrust of segments of show that a majority of Macedonian citizens
the public to block government alternation (and especially those from ethnic Macedo-
for several months. As outlined, this was nian backgrounds) do not support Macedo-
done by constructing a complex narrative nian accession to the EU if it is subject to
of conspiracy against the country, implicitly concessions regarding the name of the state
directed against the Albanian ethnic group (66% of citizens hold this attitude according
and with cues for alleged domestic and to a poll conducted by IDSCS in 2016). At the
international involvement against Macedo- same time, when EU accession is "discon-
nian statehood and self-determination. nected" from the name dispute, joining the
EU has extremely high support among the
Macedonian population (80% according to
the same poll). This signals a need for a dif-
ferent approach by the EU, one that would
be more sensitive towards the identity con-
cerns of the Macedonian population. If such
an approach is not initiated, Macedonia is at
risk of experiencing another authoritarian
episode in which the myths of victimization
will play a prominent role.
The EU should also draw lessons from
the Macedonian experience in dealing with
other countries of the Western Balkans
group, a geography where various divisive
historical myths operate to negatively affect
contemporary developments. Understand-
ing that the myths of victimization are
important for contemporary politics in the
Western Balkans, and moreover, finding a
way to curb their negative effects, should be
one of the key tasks of EU policy towards the
region. Making the membership perspective
more credible for the Western Balkans coun-
tries will have a profound effect in minimiz-
ing the "voices" against EU accession, even
when they are based on complicated iden-
tity issues that fuel the ethnocentric myths
of victimization.
Heinrich Böll Stiftung -
office for Bosnia and Herzegovina, Macedonia, Albania
BiH – Čekaluša 42
71000 Sarajevo
P +387-33-260 450
F +387-33-260 460
E info@ba.boell.org
W www.ba.boell.org


Publication information
Publisher Heinrich Böll Stiftung, Sarajevo
For the publisher Marion Kraske
Publication Date September 2017
Editor-in-Chief Srđan Dvornik
Language editor Hana Dvornik
Cover Page Photo Mirsad Agić
Layout / Typesetting TRIPTIH
Printed by Amos Graf do.o.o. Sarajevo
Opinions expressed in the articles are those of their authors and not Heinrich-Böll-Stiftung.
All articles in this publication are subject to Creative Commons License CC BY-NC-ND 3.0
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