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Workshops 2 and 7
NORMATIVE REGULATION OF THE ELECTION BODIES' FUNDING
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It has been concluded at the workshop that this
area has not been regulated at all except for the Election Law of
Bosnia and Herzegovina, which generally says in Article 1.2 that
costs of the elections will be provided by the authority depending
on the level for which the elections are conducted. We can say that
this provision says everything and nothing at the same time.
Decision of the Election Commission of Bosnia
and Herzegovina defines authorities of Entity Election Commissions
in Article 1, item 6 saying that Entity Election Commissions will
define amount of compensation for members of election commissions
and polling station committees.
There are no appropriate sub-regulation acts,
so therefore election commissions are on their own and that's why
we have different situation with various election commissions.
Municipal Election Commissions manage somehow,
and at the last elections although those were general elections,
municipalities participated a lot in funding of the elections, and
they had to give full financial support to Municipal Election Commissions.
It has been concluded that this area should be
regulated equally on the level of Bosnia and Herzegovina. There
were various proposals for normative solution of this issue:
a) Through amendments of the Election Law of Bosnia and Herzegovina;
b) Through special Law on elections funding; or
c) Sub-regulation acts on the state level.
Therefore, provision of Article 1, item 6 of
the Decision of the Election Commission of Bosnia and Herzegovina,
saying that entity election commission will define compensations
for members of election commissions should be put out of force.
Funds should be collected on the state level
through precisely defined mechanism, directly or through entities,
with participation of all levels of authorities depending on distribution
of tax income (existing taxes, introduction of some new taxes etc.,
also introduction of value added taxes was mentioned, so maybe this
would be an opportunity to solve this issue).
This regulation would regulate the issue of municipalities,
which cannot provide funds for elections.
The above-mentioned regulation should regulate
general but also municipal elections (since they will be held separately).
The same regulation should define in a stricter
way the responsibility of all levels of authorities for filling
their financial obligations (through sanctions, blockade of estimate
of certain level of authority, etc).
One of proposed criteria is characteristic in
the sense of participation of some levels of authorities in delivering
funds into central treasury. In accordance with that proposal, Bosnia
and Herzegovina would participate with 50%, and the rest of 50%
of funds would be collected in entities, meaning 50% in Republika
Srpska and in the Federation of Bosnia and Herzegovina. Out of this
50% in the Federation of Bosnia and Herzegovina, Federation would
set aside 12.5%, and cantons 12.5% in total depending on number
of registered voters.
It has been concluded that entity and cantonal
election commissions should be put into function, and if they are
not established, it should be done as soon as possible.
Compensations and material costs to election
commissions should be uniquely defined by regulation on the level
of Bosnia and Herzegovina and in accordance with criteria such as:
number of registered voters, number of polling stations, size of
territories, election or non-election year etc., in 3 groups.
Compensations to members of election commissions
should be continued during the whole mandate without any change,
and mechanisms through which election commissions will be able to
reach planned funds should be established.
Referring to ADF project, public advocacy, it
has been concluded that it is very useful for our Association, and
it should be implemented to a maximum.
Idea to plan costs for education at all levels
of authorities has been fully supported. Education would include
election commissions, polling station committees, presidents of
polling station committees, observers, councilors, service managers,
political parties and other participants of the election process,
and our Association should regularly apply to be implementer of
that education.
Also, idea to have donations from all levels
of authorities, which would contribute to sustainability of our
Association, has been supported. Possibility to have collective
membership was also mentioned and supported. |
