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In the exercise of the powers vested in the High
Representative by Article V of Annex 10 (Agreement on Civilian Implementation of
the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and
Herzegovina, according to which the High Representative is the final authority
in theatre regarding interpretation of the said Agreement on the Civilian
Implementation of the Peace Settlement; and considering in particular Article
II. 1. (d) of the last said Agreement, according to the terms of which the High
Representative shall "Facilitate, as the High Representative judges necessary,
the resolution of any difficulties arising in connection with civilian
implementation";
Recalling paragraph XI, 2 of the Conclusions of the
Peace Implementation Conference held in Bonn on 9 and 10 December 1997, in which
the Peace Implementation Council welcomed the High Representative's intention to
use his final authority in theatre regarding interpretation of the Agreement on
the Civilian Implementation of the Peace Settlement in order to facilitate the
resolution of any difficulties as aforesaid "by making binding decisions, as he
judges necessary" on certain issues including [under sub-paragraph (c) thereof]
"measures to ensure implementation of the Peace Agreement throughoutBosnia and Herzegovina and its Entities";
Observing that the Steering Board of the Peace Implementation Council
at its session held in Brussels on February 28, 2002 underlined the
responsibility of the BiH political leaders and institutions to ensure that the
Bosnian people are able to exercise their democratic right in the free, fair and
democratic elections;
Bearing in mind thefact that the transitional provisions of the
Election Law of Bosnia and Herzegovina (Official Gazette of the BiH No. 23/01,
7/02, 9/02, 20/02, 25/02, 4/04, 20/04) give the High Representative an important
role in the appointment of the members of bodies entrusted with the organisation
of elections and ensure that international members will sit in the Election
Commission of Bosnia and Herzegovina;
Noting that said provisions and in particular Article 20.1 and Article
20.2 of the Election Law of Bosnia and Herzegovina remain in force until the
High Representative’s mandate terminates or until he/she so decides;
Taking into account the progress achieved in the electoral process in
Bosnia and Herzegovina
and the successful organization of
the General Elections in 2002;
Further taking into account the fact that the Local Elections in 2004
have been independently organized by the Election Commission of Bosnia and
Herzegovina
and
exclusively financed by BiH authorities;
Bearingin mind the totality of the matters aforesaid, I hereby issue the
following:
DECISION
Enacting the Law on Amendments to the Election Law of
Bosnia and
Herzegovina,
which is hereby attached as an integral part of this Decision.
The said Law shall enter into force as a law of the Bosnia and Herzegovina as
provided for in Article 4 thereof on an interim basis, until such time as the
Parliamentary Assembly of Bosnia and Herzegovina adopts this Law in due form,
without amendment and with no conditions attached.
This Decision shall come into force forthwith and shall be published without
delay in the Official Gazette of Bosnia and
Herzegovina.
Sarajevo, 4 April 2005
Paddy Ashdown
High Representative
LAW ON AMENDMENTS TO THE ELECTION LAW OF
BOSNIA AND
HERZEGOVINA
The Election Law of Bosnia and
Herzegovina
(Official Gazette of the
Bosnia and Herzegovina
No. 23/01), as amended (Official
Gazette of the
Bosnia
and
Herzegovina
No.
7/02, 9/02, 20/02, 25/02, 4/04, 20/04) is hereby further amended as follows:
Article 1
In the first paragraph of Article 2.5, the words “Except in the case
regulated by Article 19.1 of this law” shall be deleted.
Article 2
In the first paragraph of Article 20.1, the words “Until the High
Representative’s mandate terminates or he or she so decides” shall be replaced
by the following: “Until 30 June 2005”.
Paragraphs 2 through 6 of Article 20.1 shall be deleted.
A new paragraph 2 shall be added and shall read as follows:
“The relevant authorities shall immediately initiate the procedure of
election of new members of the Election Commission pursuant to Article 2.5 of
this Law with a view to complete the procedure by the date set forth in the
previous paragraph.”
Article 3
Article 20.2 shall be deleted.
Article 4
The Law on Amendments to the Election Law of Bosnia and
Herzegovina
shall be published in the “Official Gazette of Bosnia and
Herzegovina
” and
shall enter into force on the eighth day after its
publication.
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