REGULATION NO. 2000/21

UNMIK/REG/2000/21

18 April 2000

 

 

ON THE ESTABLISHMENT OF THE CENTRAL  ELECTION COMMISSION

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

 

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

 

For the purpose of establishing a Central Election Commission and conducting elections,

 

Hereby promulgates the following:

 

 

Section 1

ESTABLISHMENT OF THE CENTRAL ELECTION COMMISSION

 

The Central Election Commission shall be independent and impartial.

 

 

Section 2

COMPOSITION OF THE COMMISSION

 

2.1       The Central Election Commission shall be composed of nine Kosovar members and three international members.  The Deputy Special Representative of the Secretary-General for Institution Building shall be the Chairperson. The Chairperson and members, and alternates who will sit for them in their absence, shall be appointed by the Special Representative of the Secretary-General.  Their term of office shall be two fyears, subject to earlier termination of an appointment by the Special Representative of the Secretary-General. 

 

2.2       No member shall hold any high party office or be a candidate for elections.

 

 

 

 

Section 3

OATH OR dDECLARATION

 

3.1   Upon appointment, each member of the Central Election Commission shall subscribe to a solemn oath or declaration before the Special Representative of the Secretary-General, in the following form:

 

“I swear (or solemnly declare) that I will perform my duties as a member of the Central Election Commission honourably, faithfully, impartially, professionally and conscientiously.”

 

 

Section 4

THE FUNCTIONS OF THE CENTRAL ELECTION COMMISSION

 

4.1  The Central Elections Commission shall be responsible for the conduct of elections in Kosovo.

 

4.2  Upon recommendation by the Central Election Commission and in accordance with Section 5, Election Rules shall be issued to regulate the conduct of elections in Kosovo which shall include, but not be limited to, provisions concerning:  accreditation of domestic and international observers; political party-coalition, candidate registration; establishing competent authorities responsible for the conduct of elections such as the Municipal Election Commissions and polling station committees; voter registration provisions, polling and counting procedures; provisions concerning the allocation of mandates and an electoral formula; voter information; an electoral code of conduct; and the creation of an election complaints body which ensures that action/sanctions are taken to remedy any violation of the Election Rules or any relevant Administrative Direction and Regulation.

 

4.3  The Special Representative of the Secretary-General, pursuant to his authority under Security Council resolution 1244(1999), may suspend or revoke any Election Rule or decision issued or made under Section 4.2.

4.1       The Central Election Commission shall be responsible for the conduct of elections in Kosovo.

 

4.2       The Central Election Commission shall prepare, in accordance with section 5, the basic rules which shall govern the conduct of elections in Kosovo, to be submitted to the Special Representative of the Secretary-General for promulgation as a regulation.  These basic rules shall include the following:

 

(a)      Duration of the term of office for elected officials;

 

(b)      Selection of an appropriate electoral system;

 

(c)      Authority of the Special Representative of the Secretary-General to certify the registration process and the final result; and

 

(d)      Authority of the Special Representative of the Secretary-General to set and announce the date of elections.

 

4.3       The Central Election Commission shall prepare and issue electoral rules relating to the implementation of the regulation referred to in section 4.2 and the conduct of elections, (Comment: needs clarification. The suggested termadministrative direction has a definite legal connotation.) which shall includeing  the following.:

 

(a)     Definition and design of sensitive electoral material, including the design of the ballot paper;

 

(b)    Accreditation of domestic and international observers;

 

(c)     Political party, coalition and candidate registration;

 

(d)    Establishing competent authorities responsible for the conduct of elections, such as the Municipal Election Commissions and polling station committees;

 

(e)     Voter registration provisions, + in accordance with Section 7;

 

(f)      Polling and counting procedures;

 

(g)     Voter information;

 

(h)     An electoral code of conduct;;] - Comment: if not implementation, subject to REG. and

 

(i)       The creation of an electoral complaints body to ensure that actions/sanctions are taken to address any violation of electoral rules and of any other regulations or rules governing the elections.] - Comment: emphasis added, subject to REG.  The electoral complaints body would, presumably, deal with all regulatory aspects of elections and therefore may require a legislative measure.

 

4.4       The Special Representative of the Secretary-General, pursuant to his authority under United Nations Security Council resolution 1244 (1999), may suspend or revoke any electoral rule orderor decision issued or made under section 4.3.

 

 

 

 

 

 

 

Section 5

DECISIONS OF THE COMMISSION

 

5.1       The Central Election Commission shall take decisions by consensus.  If no consensus can be reached by following the practices[, and within the time limits] established by the rules of procedure for the Central Election Commission in accordance with section 6, the Chairperson shall decide and his or her decision shall be final and binding.

 

5.2       No member shall participate in the decision of a case in which the member or a family member has a conflict of interest of a personal, financial or other nature, which may question the ability of the member to act impartially.  

 

 

 

 

Section 6

PROCEDURES

 

The Central Election Commission shall establish rules of procedure for its activities. 

 

 

Section 7

VOTER ELIGIBILITY FOR THE FIRST MUNICIPAL ELECTIONS

 

7.1       A person residing in Kosovo shall be registered to vote provided he or she is registered in the Central Civil Registry established by UNMIK and meets the voter eligibility requirements as established by administrative directionR or by Administrative Directions.  Such a person. Such person may, at his or her option, vote for either the municipality of his or her residence on 1 January 1998 or for the municipality of current residence.

 

7.2       A person who is residing outside Kosovo and who left Kosovo on or after 1 January 1998, may register to vote on a separate voters’ register, provided that he or she meets the criteria in UNMIK Regulation No. 2000/XX13 of 17 March 2000 on the Central Civil Registry for being a habitual resident of Kosovo and the voter eligibility requirements as established by administrative directionR or by Administrative Directions.  (Comment: emphasis added vis-à-vis the last sentence of Section 7.3.)  Such a person shall be eligible to vote for the municipality where he or she resided on 1 January 1998.

 

7.3       The Special Representative of the Secretary-General may decide, in exceptional circumstances, to allow additional groups of persons to register to vote who are not eligible to vote under sections 7.1 and 7.2.  Such decisions shall be given effect through the issuance of Administrative Directionsan administrative direction. 

 

 

Section 8

ENTRY INTO FORCE

 

The present regulation shall enter into force on 18 April 2000.

 

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General