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Decision issued on election campaign slogans and statements in Bosnia and Herzegovina
SARAJEVO 7 November 2000
SARAJEVO, 7 November 2000 - The Election Appeals Sub-Commission (EASC) in Bosnia and Herzegovina issued a summary decision regarding the appropriateness of campaign slogans and politicians' pre-election statements, at its session on 6 November 2000.
Article 704(7) of the PEC Rules and Regulations prohibits politicians from making statements that spread hatred or incite violence.
The EASC is also concerned with slogans and statements that violate the principles of the General Framework Agreement for Peace (GFAP). The primary issue in cases involving alleged violations of 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 BiH Constitution and the GFAP.
Slogans:
The EASC determined that the HDZ-BiH's slogan, "Self-Determination or Extermination" violated the PEC Rules and Regulations because it fostered ethnic hatred. The HDZ was censured for using campaign posters which foster ethnic hatred and was directed to ensure that all campaign materials comply with the PEC Rules and Regulations and the GFAP. In addition, the HDZ was directed to remove or cover these posters and campaign material containing this slogan no later than 1800 hrs on November 8, 2000 or face EASC sanctions.
The EASC found that the Party for BiH slogans, "For BiH Without Entities" and "It is Time for BiH Without Entities", when read in the context of the party's explanation, did not constitute a violation of the GFAP. However, the EASC noted that the party's explanation is not widely available. The Party for BiH was therefore directed to provide a public explanation, via press release, addressing the context of these slogans within the constitutional framework by 1800 hrs on 7 November 2000, or face EASC sanctions.
The EASC found that the BiH Patriotic Party slogan, "We are for the Republic of BiH", even when read in the context of the party's explanation, did constitute a violation of the GFAP. The BiH Patriotic Party was censured and directed to cease referring to the "Republic of BiH" in their slogans and statements.
Statements:
The EASC found that statements made by officials of the Party for BiH which referenced "the territory that was called the Republika Srpska" do not constitute a violation of the GFAP or the PEC Rules or Regulations when taken in the context of the debate and the party platform. However, the EASC noted that these statements may easily be misinterpreted and therefore directed the Party for BiH to refrain from using language which can be interpreted to mean that the entities no longer exist. The EASC further directed that the President of the Party for BiH, Haris Silajdzic, personally read a public explanation addressing the context and meaning of the use of the terms, "that territory that was called Republika Srpska" and "that which was called Republika Srpska" by 1800 hrs on 7 November 2000 or face sanctions.
The EASC found that the statements of HDZ officials, which openly called for the use of "extra-institutional measures", invoke the use of illegal means to obtain political goals and constitute a violation of the principles of the GFAP. The HDZ was directed to refrain from using statements that call for the use of illegal means to obtain political goals. The EASC struck the first candidate from the HDZ candidates' list for the Canton 8 Cantonal Assembly election.
The EASC found that the statements of Croat Demo-Christian Party president Milic, which portray the Croat National Congress as the official governing body of Croat interests, constituted a violation of the principles of the GFAP. The EASC noted that the Croat Demo-Christian Party was also sanctioned in the municipal elections for a similar violation of the GFAP.
The Croat Demo-Christian Party was directed to refrain from using statements that call for the use of illegal means to obtain political goals and was censured for this inappropriate statement.
Decisions of the EASC are final and binding and are not subject to appeals.
The OSCE established its present Mission to Bosnia and Herzegovina on 18 December 1995. In accordance with the General Framework Agreement for Peace (GFAP), the OSCE Mission activities are to: promote Democratization and the building of a vibrant civil society, foster the development of professional journalism and monitor the rights of journalists, monitor and advance the Human Rights situation, supervise the conduct of Elections, and encourage Regional Stabilization through arms control and confidence and security-building measures. The OSCE Mission continues to work closely with other international organizations and local institutions to implement the Dayton Peace Accords.
For more information please call OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or at ++387/(0)66 144-311.
Article 704(7) of the PEC Rules and Regulations prohibits politicians from making statements that spread hatred or incite violence.
The EASC is also concerned with slogans and statements that violate the principles of the General Framework Agreement for Peace (GFAP). The primary issue in cases involving alleged violations of 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 BiH Constitution and the GFAP.
Slogans:
The EASC determined that the HDZ-BiH's slogan, "Self-Determination or Extermination" violated the PEC Rules and Regulations because it fostered ethnic hatred. The HDZ was censured for using campaign posters which foster ethnic hatred and was directed to ensure that all campaign materials comply with the PEC Rules and Regulations and the GFAP. In addition, the HDZ was directed to remove or cover these posters and campaign material containing this slogan no later than 1800 hrs on November 8, 2000 or face EASC sanctions.
The EASC found that the Party for BiH slogans, "For BiH Without Entities" and "It is Time for BiH Without Entities", when read in the context of the party's explanation, did not constitute a violation of the GFAP. However, the EASC noted that the party's explanation is not widely available. The Party for BiH was therefore directed to provide a public explanation, via press release, addressing the context of these slogans within the constitutional framework by 1800 hrs on 7 November 2000, or face EASC sanctions.
The EASC found that the BiH Patriotic Party slogan, "We are for the Republic of BiH", even when read in the context of the party's explanation, did constitute a violation of the GFAP. The BiH Patriotic Party was censured and directed to cease referring to the "Republic of BiH" in their slogans and statements.
Statements:
The EASC found that statements made by officials of the Party for BiH which referenced "the territory that was called the Republika Srpska" do not constitute a violation of the GFAP or the PEC Rules or Regulations when taken in the context of the debate and the party platform. However, the EASC noted that these statements may easily be misinterpreted and therefore directed the Party for BiH to refrain from using language which can be interpreted to mean that the entities no longer exist. The EASC further directed that the President of the Party for BiH, Haris Silajdzic, personally read a public explanation addressing the context and meaning of the use of the terms, "that territory that was called Republika Srpska" and "that which was called Republika Srpska" by 1800 hrs on 7 November 2000 or face sanctions.
The EASC found that the statements of HDZ officials, which openly called for the use of "extra-institutional measures", invoke the use of illegal means to obtain political goals and constitute a violation of the principles of the GFAP. The HDZ was directed to refrain from using statements that call for the use of illegal means to obtain political goals. The EASC struck the first candidate from the HDZ candidates' list for the Canton 8 Cantonal Assembly election.
The EASC found that the statements of Croat Demo-Christian Party president Milic, which portray the Croat National Congress as the official governing body of Croat interests, constituted a violation of the principles of the GFAP. The EASC noted that the Croat Demo-Christian Party was also sanctioned in the municipal elections for a similar violation of the GFAP.
The Croat Demo-Christian Party was directed to refrain from using statements that call for the use of illegal means to obtain political goals and was censured for this inappropriate statement.
Decisions of the EASC are final and binding and are not subject to appeals.
The OSCE established its present Mission to Bosnia and Herzegovina on 18 December 1995. In accordance with the General Framework Agreement for Peace (GFAP), the OSCE Mission activities are to: promote Democratization and the building of a vibrant civil society, foster the development of professional journalism and monitor the rights of journalists, monitor and advance the Human Rights situation, supervise the conduct of Elections, and encourage Regional Stabilization through arms control and confidence and security-building measures. The OSCE Mission continues to work closely with other international organizations and local institutions to implement the Dayton Peace Accords.
For more information please call OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or at ++387/(0)66 144-311.