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More decisions issued on election campaign violations in Bosnia and Herzegovina
SARAJEVO 12 November 2000
SARAJEVO, 12 November 2000 - At its session on November 9 the Electoral Appeals Sub-Commission (EASC) in Bosnia and Herzegovina ruled on the second series of cases regarding alleged violations of the campaign financing requirements set out in the PEC Rules and Regulations and the Law on Political Party Financing. Article 1601 of the Rules and Regulations requires political parties to file a financial disclosure report and a copy of their Periodic Financial Report with the PEC before the general elections. Article 1606 of the Rules and Regulations prohibits the use of public funds for campaign purposes, and Article 5 of the Law establishes a limit on contributions to political parties. The Rules and Regulations and the Law on Political Party Financing are designed to ensure transparency in political party financing.
The EASC also issued a decision on November 9, in a case referred from the Provisional Election Commission (PEC) involving a poster or pamphlet which was being distributed in Travnik by the Party of Democratic Action (SDA) and which allegedly contained inflammatory language. The EASC reviewed the contents of the poster and determined that the SDA's references to certain SDP policies as laying the "foundation for a new genocide against Bosniaks" violated Article 704(7) of the PEC Rules and Regulations which prohibits political parties from using language that "could provoke or incite someone to violence or spread hatred." The EASC determined that this type of rhetoric exploits ethnic tensions for political gain. The EASC censored the SDA for having distributed such information. The EASC also directed the SDA to cease distribution of this poster and/or pamphlet and put the party on notice that distributing any other materials containing statements of a similar nature will lead to more serious sanctions against their party.
For further information, please contact the OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or ++387/(0)66 144-311.
The Election Appeals Sub-Commission (EASC) was established by the Provisional Election Commission (PEC) in May of 1996. The EASC's mandate is to investigate and to adjudicate complaints involving violations of the PEC Rules and Regulations and other electoral provisions. As an independent juridical body, the EASC has the authority to receive complaints regarding the electoral process and to determine whether there has been a violation of either the PEC Rules or Regulations or the election provisions in the General Framework Agreement for Peace (GFAP, or the Dayton Peace Accords). The EASC is granted plenary power to gather evidence. In addition, the EASC has the authority to sanction parties and candidates for violations of the PEC Rules and Regulations. The EASC has a range of sanctioning power, including, among other things, levying fines, removing candidates from a candidates list, removing an individual candidate from the ballot, prohibiting a political party or coalition from running in an election, decertifying a political party or coalition already listed on the ballot, and removing elected officials from office. The EASC retains discretionary power to determine appropriate penalties for actions that are intended to disrupt the electoral process. The EASC also has the authority to apply to the PEC for modifications of the PEC Rules and Regulations; however, no decision by the PEC shall have a retroactive impact upon the decisions of the EASC. The decisions of the EASC are final and binding and cannot be appealed.
- In the cases involving the Serb People's Union of RS (SNS RS), the Party of Democratic Progress of RS (PDP RS), and the Party of Independent Social Democrats (SNSD), the EASC reviewed the audit reports and the submissions from the parties involved. The EASC found that while the parties had failed to meet the requirements of Article 1601 of the Rules and Regulations, they had co-operated with the audit teams and did not intentionally withhold documents or obstruct the auditor's efforts. The parties stated that they would comply with the campaign financing requirements in the future. The EASC directed the parties to comply with the campaign financing requirements in the future, and continue their co-operation with the audit teams. The EASC maintained jurisdiction in these cases and warned the parties that future non-compliance would lead to appropriate sanctions.
- In the fourth financial case involving the Party of Democratic Action (SDA), the EASC reviewed a referral from the PEC alleging that the account of the Organizacija Porodica Sehida i Poginulih Boraca (the "Organization") was in fact an undisclosed SDA account which received contributions that violate the Law and the Rules and Regulations. The EASC found that although the evidence submitted by the PEC indicated that the Organization's account may be under the direction and control of the SDA, it required additional information and documents from the parties before reaching a decision on this serious allegation. The EASC directed the SDA to disclose information and documents to a PEC-directed audit team by 14 November 2000 and also directed that the PEC submit a supplemental audit report to the EASC by 17 November 2000. The EASC retained jurisdiction in this case and will render a supplemental decision on receipt of the audit report and submissions from the parties.
- On October 27 Croat Radio Ljubuski broadcast a program on politics. One of the participants on the program, Mr. Ivica Karamatic of the United Croat Party of Rights (UHSP) was promoting his party for the upcoming elections. He made a series of inflammatory accusations and allegations against supporters of the Social Democratic Party and made a number of provocative remarks that would encourage ethnic hatred of Serbs. The EASC found that Mr. Karamatic committed flagrant violations of the Code of Conduct of the PEC Rules and Regulations by making provocative statements that spread hatred and could incite others to violence. Due to the particularly offensive nature of the statements, the EASC, pursuant to its authority, struck the first candidate on the UHSP's list for the Canton 8 Assembly and terminated his candidacy.
The EASC also issued a decision on November 9, in a case referred from the Provisional Election Commission (PEC) involving a poster or pamphlet which was being distributed in Travnik by the Party of Democratic Action (SDA) and which allegedly contained inflammatory language. The EASC reviewed the contents of the poster and determined that the SDA's references to certain SDP policies as laying the "foundation for a new genocide against Bosniaks" violated Article 704(7) of the PEC Rules and Regulations which prohibits political parties from using language that "could provoke or incite someone to violence or spread hatred." The EASC determined that this type of rhetoric exploits ethnic tensions for political gain. The EASC censored the SDA for having distributed such information. The EASC also directed the SDA to cease distribution of this poster and/or pamphlet and put the party on notice that distributing any other materials containing statements of a similar nature will lead to more serious sanctions against their party.
- The EASC, at its session on November 9, issued a summary decision regarding the appropriateness of campaign statements made by the BiH Patriotic Party (BPS). In previous decisions, the EASC has established that campaign statements that constitute an egregious violation of the principles of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFAP) deserve sanction. The primary issue in cases involving alleged violations of the GFAP is whether the slogans and statements express legitimate constitutional means by which political goals will be obtained, or alternatively, if they call for means which violate the Constitution and the GFAP.
- While the EASC found that the statements made in these cases did not violate the principles of the GFAP, it noted that the statements could be interpreted as contrary to the content and spirit of the GFAP. The EASC reminded BPS of its commitment to uphold the GFAP when it applied for certification as a political party, and directed BPS to provide a public statement, via press release, re-affirming their pledge to uphold the GFAP by 1800, 10 November 2000.
For further information, please contact the OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or ++387/(0)66 144-311.
The Election Appeals Sub-Commission (EASC) was established by the Provisional Election Commission (PEC) in May of 1996. The EASC's mandate is to investigate and to adjudicate complaints involving violations of the PEC Rules and Regulations and other electoral provisions. As an independent juridical body, the EASC has the authority to receive complaints regarding the electoral process and to determine whether there has been a violation of either the PEC Rules or Regulations or the election provisions in the General Framework Agreement for Peace (GFAP, or the Dayton Peace Accords). The EASC is granted plenary power to gather evidence. In addition, the EASC has the authority to sanction parties and candidates for violations of the PEC Rules and Regulations. The EASC has a range of sanctioning power, including, among other things, levying fines, removing candidates from a candidates list, removing an individual candidate from the ballot, prohibiting a political party or coalition from running in an election, decertifying a political party or coalition already listed on the ballot, and removing elected officials from office. The EASC retains discretionary power to determine appropriate penalties for actions that are intended to disrupt the electoral process. The EASC also has the authority to apply to the PEC for modifications of the PEC Rules and Regulations; however, no decision by the PEC shall have a retroactive impact upon the decisions of the EASC. The decisions of the EASC are final and binding and cannot be appealed.