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Decisions issued on breach of election code in Bosnia and Herzegovina
SARAJEVO 14 December 2000
SARAJEVO, 14 December 2000 - At its 290th meeting on Tuesday, 12 December 2000, the Provisional Election Commission passed a series of decisions involving the replacement and resignations of various elected officials and the issue of breaches of the elections process in certain parts of the country on election day.
Two candidates resigned from their elected positions in the Republika Srpska National Assembly. Biljana Plavsic of the SNS resigned due to health reasons, and was replaced by Ranko Cvijic. Nada Sevo of the SNSD resigned due to incompatible positions, and was replaced by Radojka Elenkov.
The case of the mayor of Srpsko Gorazde was also raised. In the municipal elections held on April 8, 2000, Velimir Gigovic was elected to the Municipal Assembly of Gorazde/Srpsko Gorazde on the list of the Serb Democratic Party (SDS). On May 31 he was elected mayor by the Municipal Assembly. He was informed repeatedly that the position of mayor was incompatible with that of an elected councilor. However, Gigovic never resigned his councillor position.
Finally, on December 1 Gigovic submitted his resignation from the position of mayor to the President of the Municipal Assembly and is now performing that duty in a caretaker capacity, expecting to retain the councillor position still. However, the PEC decided that the fact that Mr. Gigovic resigned from the position of mayor did not entitle him to retain his elected mandate in the Municipal Assembly since he had been in deliberate violation of the PEC Rules and Regulations since May. The PEC therefore decided to remove Gigovic's elected mandate and that it be allocated to the next eligible candidate on SDS list.
Mrs. Nihada Latifagic (SDA), an elected councillor on the Municipal Assembly of Tuzla, was also serving as Minister of Education, Culture, Science and Sport in Canton 3. Soon after the notification of her mandate in April, Latifagic was asked to choose which position she wished to retain, since the two positions are incompatible under the Rules and Regulations.
On 31 July, the Governor of Canton 3 signed a decision accepting Latifagic's resignation as Minister, to be considered final once approved by Canton Assembly. In November, prior to elections, Latifagic attended a TV show in her capacity as minister. Upon further investigation it was uncovered that acceptance of the resignation of Latifagic had never been put on the agenda of the Canton Assembly for approval. The Governor could not provide an explanation for of this, and the Cantonal Prime Minister confirmed that Mrs. Latifagic left definitely her ministerial position on November 19. The PEC therefore decided to remove the mandate of Mrs. Latifagic as a municipal councillor because she held two incompatible positions for almost seven months. As an official with high responsibilities, she should have urged the Canton authorities to proceed with the resignation. In addition, allowing Mrs. Latifagic to keep a councillor's position, would mean encouraging other officials to circumvent the Rules and Regulations in the same manner.
Regarding breaches of the elections process by election authorities, the PEC took several different steps. In cases of polling station committees where irregularities were reported, the PEC decided to advise Municipal Election Commissions not to appoint these persons to the polling station committees in future.
The PEC also decided to remove the members of MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar-Zapad, Travnik, Prozor-Rama, where a large number of irregularities took place. It also decided to remove Tanja Marcinko as president of the MEC in Mostar-Jug due to her failure to address an obvious election fraud attempt at a polling station, and censured the MECs in Capljina, Tesanj, Teocak, Mostar Southeast, Citluk and Stolac for various examples of breaches of the Rules and Regulations.
The PEC also granted final certification to the municiapalities of Stolac and Domaljevac/Samac.
For more information, please contact OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or ++387/(0)66 144-311.
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.
Two candidates resigned from their elected positions in the Republika Srpska National Assembly. Biljana Plavsic of the SNS resigned due to health reasons, and was replaced by Ranko Cvijic. Nada Sevo of the SNSD resigned due to incompatible positions, and was replaced by Radojka Elenkov.
The case of the mayor of Srpsko Gorazde was also raised. In the municipal elections held on April 8, 2000, Velimir Gigovic was elected to the Municipal Assembly of Gorazde/Srpsko Gorazde on the list of the Serb Democratic Party (SDS). On May 31 he was elected mayor by the Municipal Assembly. He was informed repeatedly that the position of mayor was incompatible with that of an elected councilor. However, Gigovic never resigned his councillor position.
Finally, on December 1 Gigovic submitted his resignation from the position of mayor to the President of the Municipal Assembly and is now performing that duty in a caretaker capacity, expecting to retain the councillor position still. However, the PEC decided that the fact that Mr. Gigovic resigned from the position of mayor did not entitle him to retain his elected mandate in the Municipal Assembly since he had been in deliberate violation of the PEC Rules and Regulations since May. The PEC therefore decided to remove Gigovic's elected mandate and that it be allocated to the next eligible candidate on SDS list.
Mrs. Nihada Latifagic (SDA), an elected councillor on the Municipal Assembly of Tuzla, was also serving as Minister of Education, Culture, Science and Sport in Canton 3. Soon after the notification of her mandate in April, Latifagic was asked to choose which position she wished to retain, since the two positions are incompatible under the Rules and Regulations.
On 31 July, the Governor of Canton 3 signed a decision accepting Latifagic's resignation as Minister, to be considered final once approved by Canton Assembly. In November, prior to elections, Latifagic attended a TV show in her capacity as minister. Upon further investigation it was uncovered that acceptance of the resignation of Latifagic had never been put on the agenda of the Canton Assembly for approval. The Governor could not provide an explanation for of this, and the Cantonal Prime Minister confirmed that Mrs. Latifagic left definitely her ministerial position on November 19. The PEC therefore decided to remove the mandate of Mrs. Latifagic as a municipal councillor because she held two incompatible positions for almost seven months. As an official with high responsibilities, she should have urged the Canton authorities to proceed with the resignation. In addition, allowing Mrs. Latifagic to keep a councillor's position, would mean encouraging other officials to circumvent the Rules and Regulations in the same manner.
Regarding breaches of the elections process by election authorities, the PEC took several different steps. In cases of polling station committees where irregularities were reported, the PEC decided to advise Municipal Election Commissions not to appoint these persons to the polling station committees in future.
The PEC also decided to remove the members of MECs in Bratunac, Zvornik, Kalesija, Siroki Brijeg, Mostar-Zapad, Travnik, Prozor-Rama, where a large number of irregularities took place. It also decided to remove Tanja Marcinko as president of the MEC in Mostar-Jug due to her failure to address an obvious election fraud attempt at a polling station, and censured the MECs in Capljina, Tesanj, Teocak, Mostar Southeast, Citluk and Stolac for various examples of breaches of the Rules and Regulations.
The PEC also granted final certification to the municiapalities of Stolac and Domaljevac/Samac.
For more information, please contact OSCE Spokesperson Luke Zahner at ++387/(0)33 292-449 or ++387/(0)66 144-311.
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.