REGULATION NO. 2000/21
UNMIK/REG/2000/21
18 April 2000
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
The Central Election Commission shall be independent and impartial.
Section 2
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
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
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 term “administrative 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
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
The Central Election Commission shall establish rules of procedure for its activities.
Section 7
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-ŕ-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
The present regulation shall enter into force on 18 April 2000.
Bernard Kouchner