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Decisions issued in five election appeal cases in Bosnia and Herzegovina
SARAJEVO 3 August 2000
SARAJEVO, 3 August 2000 - On August 2, 2000 the Election Appeals Sub-Commission in Bosnia and Herzegovina issued five decisions. One decision is from a referral from the Provisional Election Commission concerning Implementation of Municipal Election results in Kotor Varos. The four remaining decisions deal with the certification of political parties for participation in the General Elections in November 2000.
Pursuant to Article 4.30(a) of the Provisional Election Commission Rules and Regulations, the decisions of the Election Appeals Sub-Commission are final and cannot be appealed.
The decision in Kotor Varos involves the resignation of a female councillor representing the Party of Democratic Action (SDA) as part of their coalition with the Party for Bosnia and Herzegovina (SBIH). The allegation is that the SDA in Kotor Varos manipulated PEC Article 7.85 that ensures increased participation by members of minority genders. The EASC investigation revealed that the SDA and the candidate agreed before the election that if she was elected she would resign. It is clear that this was done solely to satisfy the gender rule and is an attempt to circumvent the provisions of Article 7.85. It is not within the mandate of the Sub-Commission to determine whether the Provisional Election Commission should accept or not accept the councillor's resignation. The Elections Appeals Sub-Commission has determined, however, that the SDA of Kotor Varos did violate the rules and is hereby censured.
The second appeal presented two issues for adjudication: a determination as to the validity of one faction of the RSRS to apply for certification to participate in the general elections in November 2000 after an internal party split; and an allegation that this same faction was essentially an umbrella organization for the Serb Radical Party (SRS), which had been denied certification by the Provisional Election Commission in the April 2000 municipal elections and
the November 2000 general elections.
In the first issue each faction presented their case for changing the party leadership to a basic court in Republika Srpska in accordance with the Law on Political Organizations - one in Bijelina and one in Banja Luka. The case presented to the Bijelina court was dismissed and the case presented to the Banja Luka court by the faction led by Goran Zmijanjac was upheld and
deemed a legal and binding decision. The EASC saw no reason to dispute this decision and upheld the validity of the Zmijanjac faction of the RSRS, headquartered in Prijedor, as the faction authorized to represent the party and therefore eligible to be certified to participate in the November 2000 general elections.
Regarding the second issue, an Election Appeals Sub-Commission investigation revealed that many former SRS candidates were allowed to run as candidates for other parties in the April municipal elections, and in fact many ran as RSRS candidates. The Provisional Election Commission decision to ban the SRS from participating in the municipal and general elections was based on objections to specific leaders of that party. Since none of these leaders are involved in the upcoming elections, the Elections Appeals Sub-Commission finds no merit in the allegation that the RSRS is an umbrella party for the SRS.
The Independent Refugee Movement of the RS and the Ecological Party of Republika Srpska "EKOS" were denied certification for participation in the November 2000 general elections by the Provisional Election Commission because they did not submit the required amount of valid signatures of support. The Sub-Commission decided that the procedures and requirements for certification, as stipulated in Article 405 of the Provisional Election Commission Rules and Regulations, are clear and must be adhered to by political parties and independent candidates. In addition, the Sub-Commission finds that the written instructions of the OSCE Political Party Services department to every political party and independent candidate reinforce the Provisional Election Commission Rules and Regulations and in fact strongly suggest that additional signatures be submitted to compensate for ones that are not of valid registered voters. The Independent Refugee Movement of the RS and the Ecological Party of Republika Srpska "EKOS" both failed to submit the required 2,000 valid signatures in support of its application. The Election Appeals Sub-Commission therefore dismisses this appeal and reaffirms the Provisional Election Commission decision to reject their application for certification.
The Bosniak Party of Rights of Bosnia and Herzegovina (BSP) was denied certification for participation in the November 2000 general elections because they did not submit their application within the required deadline of 1700 hrs on July 5, 2000. Article 408 of the Provisional Election Commission Rules and Regulations states the deadline for submitting certification applications is 1700 hrs on a date set by the Provisional Election Commission. At the 274th meeting of the Commission, on 19 May 2000, the deadline date was set at 5 July 2000. The Election Appeals Sub-Commission EASC finds the BSP failed to comply with Article 408 of the PEC Rules and Regulations regarding the deadline for submitting an application for certification and therefore dismisses their appeal and affirms the Provisional Election Commission decision to reject their application for certification.
For more information please call OSCE Deputy Spokesperson Sanela T. Becirovic at 033/292-338 or 066/292-758.
Pursuant to Article 4.30(a) of the Provisional Election Commission Rules and Regulations, the decisions of the Election Appeals Sub-Commission are final and cannot be appealed.
The decision in Kotor Varos involves the resignation of a female councillor representing the Party of Democratic Action (SDA) as part of their coalition with the Party for Bosnia and Herzegovina (SBIH). The allegation is that the SDA in Kotor Varos manipulated PEC Article 7.85 that ensures increased participation by members of minority genders. The EASC investigation revealed that the SDA and the candidate agreed before the election that if she was elected she would resign. It is clear that this was done solely to satisfy the gender rule and is an attempt to circumvent the provisions of Article 7.85. It is not within the mandate of the Sub-Commission to determine whether the Provisional Election Commission should accept or not accept the councillor's resignation. The Elections Appeals Sub-Commission has determined, however, that the SDA of Kotor Varos did violate the rules and is hereby censured.
The second appeal presented two issues for adjudication: a determination as to the validity of one faction of the RSRS to apply for certification to participate in the general elections in November 2000 after an internal party split; and an allegation that this same faction was essentially an umbrella organization for the Serb Radical Party (SRS), which had been denied certification by the Provisional Election Commission in the April 2000 municipal elections and
the November 2000 general elections.
In the first issue each faction presented their case for changing the party leadership to a basic court in Republika Srpska in accordance with the Law on Political Organizations - one in Bijelina and one in Banja Luka. The case presented to the Bijelina court was dismissed and the case presented to the Banja Luka court by the faction led by Goran Zmijanjac was upheld and
deemed a legal and binding decision. The EASC saw no reason to dispute this decision and upheld the validity of the Zmijanjac faction of the RSRS, headquartered in Prijedor, as the faction authorized to represent the party and therefore eligible to be certified to participate in the November 2000 general elections.
Regarding the second issue, an Election Appeals Sub-Commission investigation revealed that many former SRS candidates were allowed to run as candidates for other parties in the April municipal elections, and in fact many ran as RSRS candidates. The Provisional Election Commission decision to ban the SRS from participating in the municipal and general elections was based on objections to specific leaders of that party. Since none of these leaders are involved in the upcoming elections, the Elections Appeals Sub-Commission finds no merit in the allegation that the RSRS is an umbrella party for the SRS.
The Independent Refugee Movement of the RS and the Ecological Party of Republika Srpska "EKOS" were denied certification for participation in the November 2000 general elections by the Provisional Election Commission because they did not submit the required amount of valid signatures of support. The Sub-Commission decided that the procedures and requirements for certification, as stipulated in Article 405 of the Provisional Election Commission Rules and Regulations, are clear and must be adhered to by political parties and independent candidates. In addition, the Sub-Commission finds that the written instructions of the OSCE Political Party Services department to every political party and independent candidate reinforce the Provisional Election Commission Rules and Regulations and in fact strongly suggest that additional signatures be submitted to compensate for ones that are not of valid registered voters. The Independent Refugee Movement of the RS and the Ecological Party of Republika Srpska "EKOS" both failed to submit the required 2,000 valid signatures in support of its application. The Election Appeals Sub-Commission therefore dismisses this appeal and reaffirms the Provisional Election Commission decision to reject their application for certification.
The Bosniak Party of Rights of Bosnia and Herzegovina (BSP) was denied certification for participation in the November 2000 general elections because they did not submit their application within the required deadline of 1700 hrs on July 5, 2000. Article 408 of the Provisional Election Commission Rules and Regulations states the deadline for submitting certification applications is 1700 hrs on a date set by the Provisional Election Commission. At the 274th meeting of the Commission, on 19 May 2000, the deadline date was set at 5 July 2000. The Election Appeals Sub-Commission EASC finds the BSP failed to comply with Article 408 of the PEC Rules and Regulations regarding the deadline for submitting an application for certification and therefore dismisses their appeal and affirms the Provisional Election Commission decision to reject their application for certification.
For more information please call OSCE Deputy Spokesperson Sanela T. Becirovic at 033/292-338 or 066/292-758.