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Article I: Conditions for Democratic Elections
- The Parties shall ensure that conditions exist for the organization of free
and fair elections, in particular a politically neutral environment; shall
protect and enforce the right to vote in secret without fear or intimidation;
shall ensure freedom of expression and of the press; shall allow and encourage
freedom of association (including of political parties); and shall ensure
freedom of movement.
- The Parties request the OSCE to certify whether elections can be effective
under current social conditions in both Entities and, if necessary, to provide
assistance to the Parties in creating these conditions.
- The Parties shall comply fully with paragraphs 7 and 8 of the OSCE
Copenhagen Document, which are attached to this Agreement.
Article II: The OSCE Role
- OSCE.
The Parties request the OSCE to adopt and put in
place an elections program for Bosnia and Herzegovina as set forth in this
Agreement.
- Elections.
The Parties request the OSCE to supervise, in a
manner to be determined by the OSCE and in cooperation with other international
organizations the OSCE deems necessary, the preparation and conduct of elections
for the House of Representatives of Bosnia and Herzegovina; for the Presidency
of Bosnia and Herzegovina; for the House of Representatives of the Federation of
Bosnia and Herzegovina; for the National Assembly of the Republika Srpska; for
the Presidency of the Republika Srpska; and, if feasible, for cantonal
legislatures and municipal governing authorities.
- The Commission.
To this end, the Parties request the OSCE
to establish a Provisional Election Commission ("the Commission").
- Timing.
Elections shall take place on a date ("Election
Day") six months after entry into force of this Agreement or, if the OSCE
determines a delay necessary, no later than nine months after entry into force.
Article III: The Provisional Election Commission
- Rules and Regulations.
The Commission shall adopt
electoral rules and regulations regarding: the registration of political parties
and independent candidates; the eligibility of candidates and voters; the role
of domestic and international election observers; the ensuring of an open and
fair electoral campaign; and the establishment, publication, and certification
of definitive election results. The Parties shall comply fully with the
electoral rules and regulations, any internal laws and regulations
notwithstanding.
- Mandate of the Commission.
The responsibilities of the
Commission, as provided in the electoral rules and regulations, shall include:
- supervising all aspects of the electoral process to ensure that the
structures and institutional framework for free and fair elections are in place;
- determining voter registration provisions;
- ensuring compliance with the electoral rules and regulations established
pursuant to this Agreement;
- ensuring that action is taken to remedy any violation of any provision of
this Agreement or of the electoral rules and regulations established pursuant to
this Agreement, including imposing penalties against any person or body that
violates such provisions; and
- accrediting observers, including personnel from international organizations
and foreign and domestic non-governmental organizations, and ensuring that the
Parties grant accredited observers unimpeded access and movement.
- Composition and Functioning of the Commission.
The
Commission shall consist of the Head of the OSCE Mission, the High
Representative or his or her designee, representatives of the Parties, and such
other persons as the Head of the OSCE Mission, in consultation with the Parties,
may decide. The Head of the OSCE Mission shall act as Chairman of the
Commission. In the event of disputes within the Commission, the decision of the
Chairman shall be final.
- Privileges and Immunities.
The Chairman and Commission
shall enjoy the right to establish communications facilities and to engage local
and administrative staff, and the status, privileges and immunities accorded to
a diplomatic agent and mission under the Vienna Convention on Diplomatic
Relations.
Article IV: Eligibility
- Voters.
Any citizen of Bosnia and Herzegovina aged 18 or
older whose name appears on the 1991 census for Bosnia and Herzegovina shall be
eligible, in accordance with electoral rules and regulations, to vote. A citizen
who no longer lives in the municipality in which he or she resided in 1991
shall, as a general rule, be expected to vote, in person or by absentee ballot,
in that municipality, provided that the person is determined to have been
registered in that municipality as confirmed by the local election commission
and the Provisional Election Commission.
Such a citizen may, however, apply to the Commission to cast his or her ballot
elsewhere. The exercise of a refugee's right to vote shall be interpreted as
confirmation of his or her intention to return to Bosnia and Herzegovina. By
Election Day, the return of refugees should already be underway, thus allowing
many to participate in person in elections in Bosnia and Herzegovina. The
Commission may provide in the electoral rules and regulations for citizens not
listed in the 1991 census to vote.
Article V: Permanent Election Commission
The Parties agree to create a permanent Election Commission with
responsibilities to conduct future elections in Bosnia and Herzegovina.
Article VI: Entry into Force
This Agreement shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
Attachment to Annex 3 on Elections
Document of the Second Meeting of the Conference on the Human Dimension of the
Conference on Security and Cooperation in Europe, Copenhagen, 1990.
Paragraphs 7 and 8:
(7) To ensure that the will of the people serves as the basis of the authority
of govermnent, the participating States will
(7.1) - hold free elections at reasonable intervals, as established by law;
(7.2) - permit all seats in at least one chamber of the national legislature to
be freely contested in a popular vote;
(7.3) - guarantee universal and equal suffrage to adult citizens;
(7.4) - ensure that votes are cast by secret ballot or by equivalent free voting
procedure, and that they are counted and reported honestly with the official
results made public;
(7.5) - respect the right of citizens to seek political or public office,
individually or as representatives of political parties or organizations,
without discrimination;
(7.6) - respect the right of individuals and groups to establish, in full
freedom, their own political parties or other political organizations and
provide such political parties and organizations with the necessary legal
guarantees to enable them to compete with each other on a basis of equal
treatment before the law and by the authorities;
(7.7) - ensure that law and public policy work to permit political campaigning
to be conducted in a fair and free atmosphere in which neither administrative
action, violence nor intimidation bars the parties and the candidates from
freely presenting their views and qualifications, or prevents the voters from
learning and discussing them or from casting their vote free of fear of
retribution;
(7.8) - provide that no legal or administrative obstacle stands in the way of
unimpeded access to the media on a non-discriminatory basis for all political
groupings and individuals wishing to participate in the electoral process;
(7.9) - ensure that candidates who obtain the necessary number of votes required
by law are duly installed in office and are permitted to remain in office until
their term expires or is otherwise brought to an end in a manner that is
regulated by law in conformity with democratic parliamentary and constitutional
procedures.
(8) - The participating States consider that the presence of observers, both
foreign and domestic, can enhance the electoral process for States in which
elections are taking place. They therefore invite observers from any other CSCE
participating States and any appropriate private institutions and organizations
who may wish to do so to observe the course of their national election
proceedings, to the extent permitted by law. They will also endeavour to
facilitate similar access for election proceedings held below the national
level. Such observers will undertake not to interfere in the electoral
proceedings.
Office of the High Representative
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