CH/00/3933
I.
FACTS
1.
On 22 October 1999 the Serb Radical Party (“the applicant party”) was informed that the
OSCE Provisional Election Commission (“the PEC”) had rejected their application for registration for
the local elections, which were due to take place on 8 April 2000. This decision was based on a
letter dated 4 October 1999 written by the PEC stating that, as a condition for the applicant party to
be registered, it had to replace three party leaders and register itself under a new name. However,
the applicant party did not meet these conditions.
2.
On 28 October 1999 the applicant party appealed to the Election Appeals Sub-Commission
(“the EASC”) against the PEC’s decision. On 19 November 1999 the EASC upheld the decision of the
PEC.
3.
On 19 June 2000 the applicant party was informed that pursuant to Article 402 of the Rules
and Regulations of the PEC, it would not be registered for the general elections in Bosnia and
Herzegovina, scheduled for 11 November 2000, if it failed to fulfil the above mentioned conditions.
4.
The applicant party requested the Chamber to declare Article 402 of the Rules and
Regulations of the PEC invalid and to suspend any future decision of the PEC forbidding the applicant
party to take part in the November 2000 elections.
II.
COMPLAINTS
5.
The applicant party alleges that its leaders have been discriminated against because of their
political and personal beliefs. Further, the applicant party claims that Article 1 of Annex 3 to the
General Framework Agreement and paragraphs 7 and 8 of the attachment to Annex 3 have been
violated.
III.
PROCEEDINGS BEFORE THE CHAMBER
6.
The application was introduced on 10 March 2000 and registered on the same day. The
applicant party requested the Chamber to order Bosnia and Herzegovina, as a provisional measure,
to take all necessary steps to withdraw Article 402 of the Rules and Regulations of the PEC or to
suspend the election proceedings until a final decision was reached. On 7 August 2000 the Chamber
decided to refuse the request.
IV.
OPINION OF THE CHAMBER
7.
Before considering the merits of the case the Chamber must decide whether to accept it,
taking into account the admissibility criteria set out in Article VIII(2) of the Agreement. Since the case
concerns actions of the OSCE, the PEC and the EASC, the Chamber has considered whether or not
the case is within the competence of the Chamber ratione personae.
8.
In article IV of the General Framework Agreement, the Parties “welcome and endorse the
elections program for Bosnia and Herzegovina as set forth in Annex 3”. In Article II(1) of Annex 3 to
the General Framework Agreement, the Parties request the OSCE “to adopt and put into place an
elections program for Bosnia and Herzegovina…”. In addition, in Article II(2) of Annex 3, the OSCE is
requested to supervise the preparation and conduct of elections for various legislatures in Bosnia
and Herzegovina, including the Republika Srpska, “in a manner to be determined by the OSCE and in
cooperation with other international organizations the OSCE deems necessary….”
9.
The above language is redolent of language used throughout the Annexes to the General
Framework Agreement. In particular, in Article I(2) of Annex 10 to the General Framework Agreement,
entitled “Agreement on Civilian Implementation on the Peace Settlement”, the Parties request “the
designation of a High Representative … to facilitate the Parties’ own efforts and to mobilize and, as
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