A "secret" debate was held on the Draft Law on Amendments to the Law on Higher Education of the ZDK

The Assembly of the Zenica-Doboj Canton, at its 35th session held on 23.12.2024, adopted a Conclusion sending the Draft Law on Amendments to the Law on Higher Education for public debate at the University of Zenica. The organizers of the public debate are the Ministry of Education, Science, Culture and Sports of the Zenica-Doboj Canton and the University of Zenica. (Annex Conclusion).CONCLUSION_OF_THE_ASSEMBLIES_OF_ZDK

Given the Conclusion of the ZDK Assembly, the Senate, at its regular session held on 26.12.2024, taking into account the upcoming holidays and the importance of the Law for the University, proposed holding a public hearing at the University on 6.1.2025. However, on 31.12.2024, the relevant Ministry sent a notification about the Plan of the public hearing, which should be held on 3.1.2025. Given the holidays and the Decision made at the University regarding the holding of classes, the proposed date did not suit the members of the academic community. Regardless of the fact that no consensus was reached regarding the date of the public hearing, the public hearing was held in the manner decided by the Ministry. According to the official website of the ZDK Assembly, the public hearing was scheduled for the same day as the public hearing, namely on 3.1.2025., which did not even respect the minimum time necessary to prepare and organize a public hearing, and to include the public in the hearing in a quality manner. The "public debate" was thus held without any consultations or agreements with the University, with the participation of a single-digit number of interested parties.

From the sequence of events, we draw the conclusion that the relevant minister is afraid to publicly stand before the academic community and defend the provisions of the law he proposes. This act is an act of arbitrariness because it does not respect the Conclusion of the ZDK Assembly, which, precisely because of numerous doubts, adopted the Conclusion on conducting a public debate in cooperation with the University. All of this is contrary to the rules for organizing a public debate and contrary to the internal acts of the ZDK Assembly.

The proposer is clearly insisting on amendments to the Law that are absolutely unacceptable to the wider academic community because they are contrary to both the laws and decisions of the Constitutional Court of BiH, and therefore he is not prepared to discuss it publicly.

Such arrogant behavior of the relevant Minister and the exclusion of the University, but also the public, from the public debate procedure, regarding the amendments to the Law on Higher Education, is truly inappropriate and requires raising the issue of accountability. All actions taken by the Ministry are contrary to regulations, rules and logic, starting from the formation of the Law Drafting Commission, the determination of the draft and proposal of the Law, and the peak is this show with the holding of the alleged "public debate". We suggest that the ZDC Assembly review the work of all actors involved in this activity, to reject the proposed amendments to the Law, and to raise the issue of the accountability of these entities who were obliged to carry out the procedure in accordance with the Conclusion of the ZDC Assembly.

From the moment the current Minister Mirza Mušija took the position of Minister of Education, Science, Culture and Sports of the Zenica-Doboj Canton, obstructions in the development of our University began, which are reflected in the ban on opening new study programs (Electrical Engineering and Information Technology), the ban on new employment, unrest in the University's union, the lack of cooperation with the Student Union, the lack of salary increases for employees of the University of Zenica (although salaries in primary and secondary education have increased), etc., etc.

The proposed amendments to the Higher Education Law are contrary to the Framework Law on Higher Education in BiH, contrary to the Decision of the Constitutional Court U 22/18 in which, in the merits of the judgment under point 26, it is clearly stated that the Framework Law on Higher Education in BiH represents binding legal basis when adopting laws on higher education at the cantonal level, and the proposals are contrary to the views of the academic community from UNZE but also of the entire BiH, as indicated by the conclusions of the BiH Rectors' Conference.

The law is supposedly being amended to introduce control over financial operations, but such provisions do not exist in the proposed amendments to the law. The University has done everything in its power to introduce financial order, which is reflected in the fact that in the last year, forty inspections and internal audits have been carried out at the University, as well as an internal audit by the Ministry of Finance of the Canton of ZDK, and no irregularities have been identified at the University.

The reason for the legislator's intervention and placing the University under political control through amendments to the Law was obviously the fact that the University Senate, taking into account the quality of teaching and the interests of students, limited the number of hours for external collaborators, as well as the fact that the University does not accept family summer vacations at the expense of the University.

With this behavior and the proposed changes, the ZDC Government is hindering the development of the University and violating the basic principles and rights of the University as an institution of special importance to society.

   UNIVERSITY OF ZENICA

Zenica, January 6, 2025.