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In order to promote free, fair, and democratic elections and to
lay the foundation for representative government and ensure the
progressive achievement of democratic goals throughout Bosnia
and Herzegovina, in accordance with relevant documents of the
Organization for Security and Cooperation in Europe (OSCE), the
Republic of Bosnia and Herzegovina, the Federation of Bosnia and
Herzegovina and the Republika Srpska ("the Parties")
have agreed as follows:
Article I: Conditions for Democratic
Elections
1. 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.
2. 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.
3. 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
1. 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.
2. 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.
3. The Commission. To this end, the Parties request the OSCE to
establish a Provisional Election Commission ("the Commission").
4. 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
1. 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.
2. Mandate of the Commission. The responsibilities of the Commission,
as provided in the electoral rules and regulations, shall include:
- (a) supervising all aspects of the electoral process to ensure
that the structures and institutional framework for free and
fair elections are in place;
(b) determining voter registration provisions;
(c) ensuring compliance with the electoral rules and regulations
established pursuant to this Agreement;
(d) 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
(e) accrediting observers, including personnel from international
organizations and foreign and domestic non-governmental organizations,
and ensuring that the Parties grant accreditedobservers unimpeded
access and movement.
3. 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.
4. 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
1. 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
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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.
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