Beruflich Dokumente
Kultur Dokumente
net/publication/328491458
CITATIONS READS
0 90
1 author:
Leon Runje
University of Zagreb
4 PUBLICATIONS 0 CITATIONS
SEE PROFILE
All content following this page was uploaded by Leon Runje on 24 October 2018.
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
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
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
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
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.
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
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
public administration
reform and the reform
agenda
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
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
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.
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.
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
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
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-
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.
Serbia:
hijacked and
appropriated state
Đorđe Pavićević
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
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
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
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
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 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
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
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.
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?
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
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
Increasing chances of
Exerting control over
Resource distribution
Expanding networks
political options
support of other
within network
in the network
Functions
re-election
networks
Employment/appointments X X X X X
Mechanisms
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
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
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
View publication stats