Coordinator of the US State Department for the global fight against corruption Richard Nephew he assessed in an interview for Voice of America that the efforts made by Montenegro in the process of accession to the European Union and the fight against corruption are significant, but that numerous reforms and activities are yet to come.
Nefju, who was in Montenegro last Sunday, also said that he worries about the independence and efficiency of the judiciary, and that party recruitment is also a challenge. He pointed out, however, that representatives of the Montenegrin government told him that they were resolved to deal with those issues.
He also said that he believes that sanctions are an effective strategy of the US administration to fight corruption in the Western Balkans.
Voice of America: On Wednesday, Montenegro took a significant step in the process of joining the European Union, after receiving a positive Compliance Report on the fulfillment of the temporary benchmarks for Chapters 23 and 24 (IBAR). Experts welcome this, but also point out that now the real challenge is to achieve concrete results, among other things in the fight against corruption. You were in Montenegro last Sunday. Do you believe that the Montenegrin Government can achieve these results?
Nephew: Montenegro has taken significant steps so far. She achieved significant achievements and Montenegrins should be proud of all the work invested in the fight against corruption and all efforts in the process of joining the European Union. That is very significant. However, what has been achieved is only the beginning of a wide range of activities, reforms and work to be done. And this is not a question that concerns only Montenegro, but also every country in the region and the world, namely that the number of reforms and activities that still need to be undertaken is huge, because corrupt actors are always trying to find new weaknesses. That is why efforts and work must continue.
Voice of America: What trends concern you the most when it comes to corruption in Montenegro and where do you expect concrete results in the fight against this problem?
Nephew: The trends we see are the same as across the region. We see the danger of being vulnerable to actors who try to use corruption as a weapon. Risks concerning whether prosecutors can prosecute their cases, whether the independence of the judiciary is preserved. We also see many risks when it comes to citizens not seeing that progress is being made and that more needs to be done. From government representatives, and certainly from actors from civil society and others, I have only heard that there is a true determination to solve these challenges directly. And that approach is necessary for you to be successful.
Voice of America: It is the representatives of civil society in Montenegro who believe that arrests and trials are not enough, that verdicts are needed. What are the obstacles to more verdicts issued for corruption cases in Montenegro?
Nephew: Part of it is simply about the rule of law process. There will always be criticism when it comes to that area, that we see arrests, prosecutions but not verdicts and that they take a long time. And these are real remarks. We do what we can to support Montenegro. And I think that Montenegro is considering investments in improving the efficiency of the judicial process... We see that more efforts should be made to potentially increase the efficiency of the judicial system. And we're looking at ways to work with prosecutors and judicial authorities on that.
Voice of America: There are also remarks regarding the independence and political influence on the judiciary in Montenegro. Does that worry you too?
Nephew: We worry about the independence of the judiciary around the world. And everywhere I go, I make it clear that preserving the independence of prosecutors and the judiciary is absolutely important. And this is an issue that has certainly been raised by organizations from civil society, and it is about something that I consider quite serious. And when I spoke with the government, I saw a real determination to ensure that the independence of judicial institutions is maintained. I hope and certainly the process of accession to the European Union should ensure that this continues.
Voice of America: One of the problems in Montenegro is the so-called party recruitment, i.e. the use of state institutions and companies for the employment of party supporters. This was also pointed out in the State Department's latest report on human rights. How much does it contribute to the problem of corruption in Montenegro?
Nephew: This is a challenge that does not exist only in Montenegro. We see in many places the perception that when political parties and governments change, that should lead to changes in terms of who is in control, who benefits from the government and what is in it. Some of it is part of the general reform package that I know is being implemented and considered within the EU accession process. To ensure the independence and ability of the civil service to perform its work. Part of it has to do with the political determination of the leaders to say that they will not use such systems. And I heard that there is a constant desire to show Montenegro, the EU and the rest of the world that things are different and will change.
Voice of America: The Agency for the Prevention of Corruption is also criticized in Montenegro, especially after its director was accused of abuse of office. Does this situation affect the agency's credibility in the fight against corruption?
Nephew: It can be viewed from two angles. On the one hand, it is never a good thing when someone who is in charge of fighting corruption is arrested for corruption. On the other hand, it shows that the system is working. That prosecutors can arrest anyone. That they can start a case against anyone, through the court system. It's good. Sometimes it can be considered that it is not good, but certainly our perception is that it is good that these systems are working. It also points to the need for additional reforms and efforts to stop and prevent corruption before it happens, and to detect corrupt actors before they go too far. It is an area where we can also find new ways to cooperate with Montenegro.
Voice of America: You have mentioned several times that corruption is a problem around the world. According to the reports of the State Department and Transparency International, there is a serious problem in Serbia as well. What do you see as the biggest problem in Serbia when it comes to corruption and what are the main obstacles to progress in the fight against it?
Nephew: It is similar to other places. And that is whether the institutions for the prevention of corruption have the necessary powers to carry out their mission, whether prosecutors can work, and whether organizations from civil society and journalists can react. I have also heard from actors in civil society and others that there is progress, but that more needs to be done. We can have good cooperation with Serbia, the EU and others to try to ensure that we solve these challenges together and systematically.
Voice of America: The United States uses sanctions as one of the main tools to fight corruption in the Western Balkans. Does this strategy produce results and where?
Nephew: We use sanctions for two reasons. One is to protect the US from bad actors who might operate here, either by moving money or by coming here. That is why we have restrictions on issuing visas. That mission is important and effective. Another reason is that we want to support accountability and action in specific countries. We use sanctions to identify problems and hopefully encourage and support local actors to act. We have seen that sanctions in this context were effective in the Western Balkans. We have also seen this in other countries, when we pointed to individual actors who were subsequently prosecuted and faced with justice. Therefore, from our perspective, both of these missions are achieved through the use of these sanctions.
Voice of America: And where have you seen this in the Western Balkans, if you can give me some examples?
Nephew: We have definitely seen it in the case of Albania, Bulgaria, but also in other places. And of course those cases are always ongoing. We have seen that when we are ready to take these steps, governments pay attention.
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