Newsroom
Clarifications and decisions on election appeals in Bosnia and Herzegovina
SARAJEVO 7 November 2000
SARAJEVO, 7 November 2000 - At its session on November 6, 2000, the Elections Appeals Sub-Commission (EASC) in Bosnia and Herzegovina issued a decision clarifying the Provisional Election Commission (PEC) Rules and Regulations that pertain to the use of school facilities by political parties.
Following a letter from the PEC to all political parties on 10 October 2000, a number of parties believed that the PEC Rules and Regulations prohibited the use of schools by political parties for political purposes.
Article 703 of the PEC Rules and Regulations provides that "competent bodies are obliged to ensure equitable treatment of political parties...in their requests to use public places and public facilities for campaign purposes, including holding meetings...." The PEC Rules and Regulations therefore allow the use of public facilities, including schools, for political purposes, but the usage must be provided to all parties on an equal basis.
The EASC also noted that the laws of the entities and cantons also regulate the use of schools for political purposes and in some cases prohibits their use for those purposes. Political parties were cautioned to ensure that they were aware of the applicable national laws and to fully comply with those provisions.
The EASC also issued a decision involving an alleged pattern of incidents directed against journalists by the Serb Democratic Party (SDS) in the Doboj municipality. The case contained nine separate allegations. The PEC's concern was a potential violation of Article 704(3) of the PEC's Rules and Regulations, which prohibit political parties from engaging in activity that prevents journalists from carrying out their duties. The EASC reviewed the nine allegations associated with this alleged pattern of abuse and determined that eight of the nine were too remote in time to invoke EASC jurisdiction. There was insufficient evidence to determine any violation with respect to the ninth allegation. For these reasons the EASC dismissed the complaint.
In its session on November 6, 2000, the EASC issued a decision regarding an individual who alleged that he was placed on the People's Party of RS (NSRS) candidates' list for the National Assembly of the RS without his consent.
The EASC investigated the grounds for this individual's appeal and the political party was offered the opportunity to submit an explanation. The party alleged that a mistake was made. However, this was not consistent with the EASC investigation, or the complainant's appeal. The EASC investigation revealed that the candidate's registration form contained a forged signature. As a sanction, the third name on the candidates' list for the People's Party of RS, Constituency 301 was struck from the candidates' list.
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.
Following a letter from the PEC to all political parties on 10 October 2000, a number of parties believed that the PEC Rules and Regulations prohibited the use of schools by political parties for political purposes.
Article 703 of the PEC Rules and Regulations provides that "competent bodies are obliged to ensure equitable treatment of political parties...in their requests to use public places and public facilities for campaign purposes, including holding meetings...." The PEC Rules and Regulations therefore allow the use of public facilities, including schools, for political purposes, but the usage must be provided to all parties on an equal basis.
The EASC also noted that the laws of the entities and cantons also regulate the use of schools for political purposes and in some cases prohibits their use for those purposes. Political parties were cautioned to ensure that they were aware of the applicable national laws and to fully comply with those provisions.
The EASC also issued a decision involving an alleged pattern of incidents directed against journalists by the Serb Democratic Party (SDS) in the Doboj municipality. The case contained nine separate allegations. The PEC's concern was a potential violation of Article 704(3) of the PEC's Rules and Regulations, which prohibit political parties from engaging in activity that prevents journalists from carrying out their duties. The EASC reviewed the nine allegations associated with this alleged pattern of abuse and determined that eight of the nine were too remote in time to invoke EASC jurisdiction. There was insufficient evidence to determine any violation with respect to the ninth allegation. For these reasons the EASC dismissed the complaint.
In its session on November 6, 2000, the EASC issued a decision regarding an individual who alleged that he was placed on the People's Party of RS (NSRS) candidates' list for the National Assembly of the RS without his consent.
The EASC investigated the grounds for this individual's appeal and the political party was offered the opportunity to submit an explanation. The party alleged that a mistake was made. However, this was not consistent with the EASC investigation, or the complainant's appeal. The EASC investigation revealed that the candidate's registration form contained a forged signature. As a sanction, the third name on the candidates' list for the People's Party of RS, Constituency 301 was struck from the candidates' list.
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.