ADMINISTRATIVE DIRECTION NO. 2000/9

UNMIK/DIR/2000/9

6 May 2000

 

 

IMPLEMENTING UNMIK REGULATION NO. 2000/13 ON THE CENTRAL CIVIL REGISTRY AND UNMIK REGULATION NO. 2000/21 ON THE ESTABLISHMENT OF THE CENTRAL ELECTION COMMISSION

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under section 8 of United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 2000/13 of 17 March 2000 on the Central Civil Registry and section 7 of UNMIK Regulation No. 2000/21 of 18 April 2000 on the Establishment of the Central Election Commission,

 

Taking into account UNMIK Administrative Direction No. 2000/8 of 27 April 2000 Implementing UNMIK Regulation No. 2000/13,

 

Hereby gives the following Administrative Direction:

 

 

Section 1

RIGHT TO VOTE

 

Each person who is 18 years of age or above as of the date of the municipal elections and who meets the eligibility criteria as established in section 7 of UNMIK Regulation No. 2000/21 is eligible to vote in the municipal elections provided that he or she is registered by the Joint Registration Taskforce, in accordance with UNMIK Administrative Direction No. 2000/8.

 

 

Section 2

PROHIBITION ON VOTER ELIGIBILITY

 

No person who is serving a sentence imposed by the International Criminal Tribunal for the former Yugoslavia, and no person who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may be registered to vote for the elections in Kosovo.

 

 

Section 3

VOTER REGISTRATION

 

3.1†††††††† Voter Registration shall be conducted by the Joint Registration Taskforce, in accordance with applicable regulations, administrative directions, electoral rules and procedures.

 

3.2†††††††† The sufficiency of the documentation presented by individuals to prove their votereligibility shall be established by the Joint Registration Taskforce, in accordance with applicable regulations and administrative directions.

 

 

Section 4

VOTING IN KOSOVO

 

4.1†††††††† A person who is registered to vote in the municipality in which he or she currently resides shall cast his or her ballot at a polling station in that municipality.

 

4.2†††††††† A person who is voting for the municipality where he or she resided on 1 January 1998 shall cast his or her ballot absentee at a designated polling station in the municipality where he or she is currently residing.

 

4.3†††††††† Prior to a date established by the Central Election Commission, if a voter who is registered to vote as established in section 4.2 permanently returns to the municipality where he or she resided on 1 January 1998, he or she may apply to change his or her polling station to that municipality.

 

 

Section 5

VOTERS REGISTRATION FOR PERSONS RESIDING OUTSIDE OF KOSOVO

 

5.1†††††††† Voter registration for persons residing outside of Kosovo who left Kosovo on or after 1 January 1998, as established by UNMIK Regulation No. 2000/21, shall be conducted in accordance with applicable provisions of UNMIK Administrative Direction No. 2000/8.

 

5.2†††††††† Notwithstanding section 5.1, persons currently residing outside of Kosovo who were formally recognized on or after 1 January 1995 as refugees as defined in the 1951 Convention Relating to the Status of Refugees and its Protocol of 1967, and who submit valid proof of such recognition, are eligible for inclusion in the voters register.Eligible recognised refugees may vote for the municipality in which they resided immediately prior to leaving Kosovo.

 

 

Section 6

VOTING OUTSIDE KOSOVO

 

Persons who left Kosovo on or after 1 January 1998, as established in UNMIK Regulation No. 2000/21, and eligible Convention Status refugees referred to in section 5.2, who have registered to vote shall have the right to vote in the elections without being obliged to return to Kosovo to vote.

 

 

Section 7

VOTERS REGISTERED OUTSIDE OF KOSOVO WHO RETURN TO KOSOVO

 

A person who has registered to vote outside of Kosovo and has returned to Kosovo by a deadline established by the Central Election Commission may update his or her voter registration information and be assigned to an appropriate polling station in Kosovo.

 

Section 8

CONFIRMATION, ADDITIONS AND CHALLENGES PERIOD

 

8.1†††††††† The Head of Registration, in accordance with applicable administrative directions and relevant procedures implementing UNMIK Regulation No. 2000/21, shall announce the dates for a confirmation, additions and challenges period to be held subsequent to the initial period of registration.

 

8.2†††††††† The Central Election Commission shall issue electoral rules establishing the process of making the votersí list available for public scrutiny during the confirmation, additions and challenges period at confirmation centres which shall be established in Kosovo.

 

 

Section 9

VOTER REGISTRATION APPEALS

 

9.1†††††††† If a person is not on the votersí list, he or she may appeal the omission to the Election Complaints and Appeals Sub-Commission. The Election Complaints and Appeals Sub-Commission shall not accept an appeal if the person has not established his or her eligibility for inclusion on the register of habitual residents of Kosovo except as provided for in section 5 of this administrative direction.

 

9.2†††††††† Third parties may submit an application to the Election Complaints and Appeals Sub-Commission to have a name deleted from the voterís list because a voter is not eligible to vote in accordance with any applicable regulation, administrative direction or electoral rule. A challenge made pursuant to this section must be submitted in writing and signed by the applicant and shall:

 

(a)    Clearly state the facts supporting the challenge and provide evidence;

 

(b)   Clearly state the legal grounds justifying the challenge; and

 

(c)    Be submitted by a deadline established by the Central Election Commission.

 

 

Section 10

ENTRY INTO FORCE

 

The present administrative direction shall enter into force on 6 May 2000.

 

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General