The goal is to set up legal and institutional obstacles for the abuse of positions

Before starting the discussion and presenting the recommendations, Igor Bandović, director of the BCSP, welcomed those present, stressing that such recommendations have special importance and weight in this political environment.

 

 

Predrag Petrović, director of research at the BCSP, referred to the methodology used to determine these recommendations, defining state capture as a process of deliberately undertaking political moves aimed at the concentration of power so that individuals in power could uncontrollably get rich.

“Within two studies, we mapped the mechanisms and main points of institutional capture and then identified recommendations aimed at state de-capture. We checked all the recommendations through a large number of interviews with former and current employees from the security sector,” Petrović pointed out and continued that the security services are the first target of state capture and later a tool for capturing other institutions. One of the recommendations is that the director of the police must have many years of experience in performing security duties and must not be a member of a political party.

 

 

Bojan Elek, deputy director of the BCSP, stated that the main problem was that the police in Serbia was never a citizen’s service – it has always been a repressive force of the regime. “The key step towards improving the police work is democratization. The operational autonomy of the police is necessary in order to prevent the impact of political influences, it is necessary that the police directorate manages the operational affairs of the police, while the ministry would take care of the public policies of internal affairs.” Elek also emphasized that the police director must be a guarantor of professional conduct and integrity and protect the police from political influences that usually come from the minister of internal affairs.

 

 

While presenting recommendations on special “de-capturing” mechanisms, Jelena Pejić Nikić, a senior researcher of the BCSP, stated it is necessary to form an independent expert commission that will document the mechanisms of state capture in order to inform and make the public aware of this process, and with the aim of preventing its repetitions. “When it comes to determining the responsibility of the security sector actors, it is not necessary to form a special prosecutor’s office, but to strengthen the position of public prosecutors and the work of the competent prosecutor’s offices,” concluded Pejić Nikić.

 

 

Vuk Vuksanović, a senior researcher of the BCSP, focused on the political component of the management of the defence system, emphasizing the necessity of new legislation in the field of defence. “In order for the army and the defence system to function normally, a balance is needed between politically appointed officials and experts.” Vuksanović pointed out. He also referred to the problem of personnel outflow, stressing that the military is an institution trusted by citizens – “It is necessary to promote the meritocratic career advancement of military officials .”

 

 

Luka Šterić, a BCSP researcher, stated that some negative trends have recently been observed in foreign policy, including personalisation and lack of transparency. “It is necessary to adopt a foreign policy strategy in order to set clearly defined goals of foreign policy, and diplomats, experts, and the widest professional community would be involved in adopting the strategy.” Šterić also emphasised the importance of independent and professional staffing for the diplomatic service, or through internal competitions which reward work and dedication, or through a public competition, “All this is impossible without the existence of an independent personnel commission,” concluded Šterić.

 

 

Srđan Hercigonja, a senior researcher of BCSP, while presenting the recommendations on oversight and control of the security sector, referred to the supervisors of the security sector, stressing that most of the laws that control the work of these actors are good, but they are not applied in practice. “Given that the citizens also recognised the functioning of REM (Regulatory Authority for Electronic Media) as one of the problems, it is necessary to carry out reforms of the Law on Electronic Media and the Law on Public Information in the Media.” – said Hercigonja and prioritised to the urgency of carrying out an advocacy campaign with the aim of promoting the importance and expertise of civil society.

 

 

Referring to the presented recommendations, legal expert Reinhard Priebe stated that the researchers presented concrete proposals in various political areas and that the big challenge will be their implementation. He also emphasised the importance of following ideas that have already been developed in other countries and identifying best practices from other countries. “Even in countries considered the most democratic and open, there is always more room for transparency,” Priebe pointed out. Simonida Kacarska from European Policy Institute, North Macedonia, stated that the presented recommendations will be a valuable tool for the BCSP and other organizations.

 

 

In the continuation of the roundtable discussion, Milica Marinković from the Initiative for Economic and Social Rights A11, Andrej Petrovki from the SHARE Foundation, and Maja Bjeloš, a senior researcher of BCSP, discussed the trend of capture in the digital space.

Milica Marinković stated that the Social Card Law refers to the most vulnerable categories of the population and that it was problematic for the A11 initiative even before its adoption and the effects we see in practice. “Now we already have 27,000 people who are left without social security as an automatic result of the algorithm introduced by the Social Card Law, which is kept secret, although it “decides” on the exercise of rights with huge consequences for individuals and families.” Marinković also stated that the Social Card register was designed to consolidate all data on one person, which is not a problem. Still, a lack of transparency was observed when it comes to the ways in which data is collected and how the algorithm works.

 

 

Andrej Petrovski from the Share Foundation singled out the biometric surveillance proposed in the Draft Law on Internal Affairs as an important topic. “For citizens, knowing that someone can watch them creates an uneasy feeling, and there are several problems.” Petrovski also stated that the introduction of biometric surveillance directly interferes with people’s right to peaceful assembly and violates private integrity and the right to privacy. “If you are an investigative journalist or a member of parliament, you cannot meet someone who is a whistleblower in public,” explained Petrovski.

 

 

Maja Bjeloš stated that the state intensively procures very intrusive technologies from various companies. In addition, the Government of Serbia entered the entire process without prior public discussion, a prior legal framework, and strong mechanisms for protection against illegal software. “Today we are living in Orwell’s “1984”; surveillance cameras are visible on every corner, but that is only the tip of the iceberg.” Bjeloš believes that international cooperation is key and that it is necessary to use the mechanisms of European integration in order to preserve privacy and prevent legalisation monitoring mechanism that is not allowed in the European Union.