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The High Representative, Wolfgang Petritsch, on Wednesday
issued three Decisions amending the Entity and State legislation governing the
eligibility of candidates to run for elected office in BiH.
The High Representative has amended the BiH Election Law,
adding the following clauses:
No person who has been removed by the Provisional Election
Commission or the Election Appeals Sub-Commission, for having personally
obstructed the implementation of the General Framework Agreement for Peace or
violated the Provisional Election Commission Rules and Regulations shall
be permitted to be a candidate in the elections or hold an elected mandate or an
appointed office.
No person who has been removed from public office by the High
Representative shall be permitted to be a candidate in the elections or hold an
elected mandate or an appointed office.
No military officer or former military officer who has been
removed from service pursuant to Chapter 14 of the Instructions to the
Parties issued by COMSFOR under Article VI Paragraph 5 of Annex 1A to the
General Framework Agreement for Peace, shall be permitted to be a candidate in
the elections or hold an elected mandate or an appointed office.
No person who has been de-authorized or de-certified by the
IPTF Commissioner, shall be permitted to be a candidate in the elections or hold
an elected mandate or an appointed office.
The Election Commission of BiH will ensure that the application
for certification of any political party and any documents submitted under
article 4.3 of the Election Law and under the internal regulations of the
Election Commission, do not include a person who has been dismissed by the PEC
or the High Representative for the reasons cited above. If the application for
certification shows that any political party has maintained such a person in a
central party position, that political party will not be eligible for
certification.
In the Federation the Law on Procedure of Entry of Legal
Entities into the Court Register, and in the RS the Law on Political
Organisation are both amended with the addition of the following annexe.
When hearing applications for registration of political
parties, judges responsible must satisfy themselves that:
- Members of Political Parties’ Central Statutory
Bodies, such as the Presidency, the Main or Central Board, Advisory Boards or
Councils, Courts of Honour, and any other persons or bodies empowered under
the party statute, or mandated by party statutory bodies to act on behalf of
the party, are properly elected under the statute by the authorized party
assembly or body; and
- Any members of such bodies or persons thus empowered
are not barred from holding party office under the law, including Decisions of
the High Representative.
These Decisions, which take immediate effect, are designed to
ensure that the democratic procedures enshrined in domestic BiH legislation are
not undermined by individuals who have acted in gross violation of the
provisions of the Dayton Peace Agreement, or who have hindered the
implementation of the Dayton Peace Agreement.
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