The Parliamentary Assembly of BiH is “body which is performing authorities determined by the Election Act, that authorizes the Central Election Commission as required under the Election Act,” recalled Šantić.
They do not prejudge solutions
“Representatives and House of Peoples of BiH are meritorious bodies which could give certain instructions, orders and any other documents relating to the work of the Central Election Commission. So far we did not received anything. This issue, we know that it is current in the last month -two in the media in Bosnia and Herzegovina. On behalf of the Central Election Commission I can say that if we get an official act, then we will have to officially announce “, emphasizes Šantić.
He admits that the Central Election Commission discussed what should be done if they do come to any decision to postpone the local elections next year.
“I do not want to prejudge any decision. The final decision shall be adopted by the BiH Parliament. If you ask me, from a legal point of view I have to say to such a decision brought to a set of legal acts need to experience changes or additions. First of all, it refers to the constitutional text, and entity and cantonal as well as the statutes of the local government. Because, in all of them is practically defined the method of election of local authorities, the length of the term. it is also the constitutional and legal categories and acts passed by unit local self-government. Anyone who thinks that this can be done, he probably has the political will to see if it can be done or not, “said Šantić.
But he underlined that the Central Election Commission simply await the official position of the BiH Parliamentary Assembly on the basis of which will treat it right.
“If these acts are done and legal procedures is completed as the technical authority for the conduct of elections we will be prepared to carry it out. I would not prejudice now, to see the final decision,” said Šantić.
Adopt a temporary solution for Mostar
The Central Election Commission, said the president, given that there is no formal decision, place the regular preparations for local elections in 2016 in Bosnia and Herzegovina.
“Already these days gradually we enter a phase of preparation and certain by-laws which are obliged to arrange the electoral process compared to previous general and local elections in order to improve the counting current regulations now in force in Bosnia and Herzegovina. In the event amendments to certain laws, now a new question arises, included in the work of inter-agency working group to revise the electoral law and some other acts and we will adjust. Our activities amendment of by-laws will be adjusted to the new situation, “said Šantić.
Chairman of the Central Election Commission said that in any case preparing for the local elections in 2016, because in May, if not any other decision, must be ready, because you have a legal obligation to call elections for the local community.
The decision of the Constitutional Court in 2011 regarding to the Statute of the City of Mostar has not yet been carried out, which is why there was no election in 2012 for the City Council of the City of Mostar. We asked what would happen if the decision is not even next year?
“It is difficult to respond to this aspect of what would happen. Unfortunately, here, nothing spectacular is happening even those in previous years, given the fact that there was no election in 2012. I am talking in terms of the current situation in the City of Mostar, which is certainly not well. I’ve been personally interested to resolve this issue, because I come from that city. I’d like to, privately, as a citizen of the City of Mostar have the opportunity to vote in elections to the City Council of Mostar, “said Šantić.
He stressed that this issue is open, and all other issues related to the amendment of the electoral legislation. Interdepartmental Working Group, he said, began more than two months to work on amendments to the Election Law.
Mostar – a sore point
“We expect primarily of representatives of political parties, to be open, and in the intersectoral working group, that we propose specific solutions to and through that body, if necessary passed a specific proposal. And we know that in the city of Mostar political entities are working on specific solutions. We would like to take it as soon as possible and to have local elections in the city of Mostar next year, “said Šantić.
He said that the Central Election Commission talk out loud about certain issues and thus also the City of Mostar.
“If you can not find a final resolution on the implementation of decisions of the Constitutional Court or for a longer period, the question of the status of the City of Mostar may even find a particular, temporary solution. Simply create the conditions, that we have a city council that will be able to work the next four years with its executive office with the mayor. In extreme cases, they can be given a mandate that in a relatively short period, these issues are addressed, which are outside the domain of the Central Election Commission, and we know that this refers to an overall solution to the status of the City of Mostar. This solution does not prejudge, but I can say, without going at all in the other solutions, I’d love to have one permanent and the political subjects can found that once the issue of Mostar resolved, “said Šantić.
He said that all the issues that require a radically reform the electoral legislation, such as the question of the electoral threshold, electoral constituencies, electoral formula, property mandate open, but are, nevertheless, said Šantić, that political issues with regard to their importance and first of all, the political entities to which they refer.
“The questions were in the inter-sectoral working group referred to as an opportunity to discuss them. The talks are being led, but just did not bring any decisions because it is expecting the official position of the political representatives of which are represented in the intersectoral working group. We expect them these days, as just quickly have to comment on these big issues. From solutions of these questions really depends on the development of other provisions in the Election Law. It is these four to five key issues depends on the elaboration and other provisions of the BiH Election Law. We will see the mood of political subjects, and we as an authority for the conduct of elections that has a lot of experience in these jobs help to devise the solution if there is a compromise between the political subjects participating in the government, “said Šantić.
A big political questions to the parties
Chairman of the Central Election Commission said that the “increase in the threshold is the political and technical electoral issue.”
“By increasing the threshold some political entities receive certain benefits on the political scene, and some will certainly be prevented from electors or become parliamentary parties. This is pure mathematics. It’s a matter of commitment and political will of the subjects. Among the fragmentation of the political scene, and reducing the number of political entities conditionally speaking, if there was an increase in the threshold and pluralism of the political scene, which reduced the threshold to perhaps difficult to give a unique answer, “said Šantić.
The final decision about the possible increase in the threshold, said Šantić, will bring a political party or the majority at the Parliament. Otherwise, it talks about the possibility that the election threshold from the current three to five percent increase.
Although the obligations in accordance with the Election Act every four years, except BiH. Entity RS, redefinition of constituencies at the level of BiH and the Entities, FBiH yet is not done.
“European standards in the electoral process provide that the minimum deviation in the number of votes and number of seats moving up to ten percent. If necessary, it can go up to 15 percent if it is a choice of national minorities. The National Assembly of Republika Srpska has made some adjustments so that the good part, even, perhaps most of that principle is between the number of votes and the number of mandates between individual constituencies. Unfortunately, the FBiH Parliament and the Parliamentary Assembly, this obligation since the application of the Election Law of 2001 in force, they have not done certain operations. So in a sense there is an imbalance in some areas continues, though it is not as pronounced, “said Santic.
He said that the Central Election Commission did some analysis and that there are certain constituencies, particularly at the state level of FBiH, where there are some discrepancies, and that can easily be rectified. The question is public, said Šantić, and it is asked on the intersectoral working group, but again, “we know the address that issue needs to solve.”
Introduce criminal liability for abuses in elections
Similarly it is, when it comes to the method of election of electoral committees which are considered a key link to the establishment of transparent, fair and honest elections.
“There were suggestions from those who have to keep the existing solutions to those brought by the Central Election Commission, or members who are represented there, at least the president and deputy president of the voting committee be people who are not formally nominated by political subjects,” said Šantić.
He said that the issue was nominated and that will see the mood of those who will make the final amendments to the Election Law.
“That is the key question. I think it is not only crucial question of who proposes candidates for members of electoral committees. No matter what the political subjects do, and it is the number of over 50,000 people and to propose them to someone else, we can not ignore the political impact if it has, and here it seems to me, now it formally has, that it would not be in some other way if they would come into proposing some other subjects, “said Šantić.
The price that the issues of their work itself at the polling place, their ability to do certain abuses, question why they do it, on behalf of whom, or how to prevent them current and fundamental to be answered.
“After 19 hours we have always certain knowledge that some things are happening at the polling stations. There are attended observers of political parties, observers of non-governmental organizations. In most cases, the minutes of these polling stations we get clean and that in this polling station is nothing particularly spectacular did not happen. But then for some indirect sources we get that there were some abuses. It is difficult to standardize, but it is certainly what we from the Central Election Commission are advocating is the introduction of more severe penalties, primarily through changes to the electoral legislation, in criminal legislation related to criminal offenses of choice – of electoral fraud, falsification of election documents, storage of election materials, ” it i feedback by Šantić.
All this, he said, are the places where it comes to the crimes for which they consider necessary to introduce a more severe sanction, and that the decision which are made should be more rigorous.
“I know that this is a repressive measure, but it seems to me that it has tried everything and it was the only way that the electoral process become serious and that the will of the people, that is what people are separated one of his day in the year when they come to the polls that they will not be misused and that it would not be a reflection of some other people, and not the real will of those who voted, and “concluded Šantić.
Prescribe tougher sanctions in the areas of funding
Amendments to the Law on Financing of Political Parties are on the agenda of inter-agency working group. Chairman of the Central Election Commission said that the recommendations of the Group of States against Corruption (GRECO) Council of Europe when it comes to legislation clear: there are nine related to the financing of political party.
“One part refers to the provisions of the BiH Election Law concerning the financing of election campaigns. Changes should include section 15 of the Election Law of BiH and the law on financing political parties. The solutions are simple. You need to increase the sanctions, to be consistent in applying the law. GRECO recommendations -a are also clear and unambiguous what to do in the Election Law. It is proposed to introduce a single account for the election campaign, stricter penalties, consistent enforcement of the law, increasing the transparency of the electoral commission, increasing the role of the election administration, and the Audit supervising the application of that law. The formula is simple. All those who make the laws in this case I’m talking about the law at the level of the Parliamentary Assembly of BiH should do something in this regard. I have listed only a few of those aspects that should be done. We will see the mood and the political will those that the law needs to make, “said Šantić.
Speaking on the implementation of the Law on Conflict of Interest, Šantić said that the Central Election Commission while it was in its jurisdiction “did as much as it could be done, or as much as our capabilities allowed.”
“I would not like to comment on the application of the law, maybe just because on that works the other agency or commission at the level of Parliament provided that the professional work for the Agency for Prevention of Corruption of Bosnia and Herzegovina. Until recently virtually created all the formal and technical conditions to be able to begin the application of the law as it was intended with certain amendments that accompanied it. Let’s make an initial period, to be open until the end, because they are only of the service and formed to see how it goes with the application of that law. The fact is to me a couple of months of the formal start of implementation of the law do not have any reports of sancijakama to elected officials. But that does not prejudge, we see that in the next period in which things will continue to take place, “said in an exclusive interview with the Anatolia Ahmet Šantić, president of Central Election Commission.
