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21st Annual Conference in Sarajevo, Bosnia and Herzegovina

Date of the event:

Saturday, September 15, 2012 to Monday, September 17, 2012

The Association of European Election Officials (ACEEEO) held its 21st annual conference on 15-17 September 2012 in Sarajevo, Bosnia and Herzegovina

The professional topic of the conference was 'Participation of Vulnerable Groups in Election Processes: Minorities and Persons with Disabilities'. Focusing on the questions concerning the right to vote and to be elected of persons belonging to these special groups of society, attendants had the possibility to discuss every aspect of the topic from the general question of equal suffrage to more technical matters like difficulties in creating accessible voting materials. The discussion of 145 electoral professionals from 45 countries was inspired by the presentations of national electoral officials, professionals of international organizations and scientists who shared their experiences both from a theoretical and practical point of view.

Participant of the conference reinforced that guaranteeing participation of vulnerable groups in the political life and especially in elections on an equal ground with others, also in connection with the international human rights instruments, is a basic requirement in democratic states and ensuring that is a common responsibility of every stakeholder of the electoral procedure, so law-makers, electoral management bodies, political parties, media and the voters. To find the best solutions, cooperation with organisations of minorities and with organisation of persons with disabilities is inevitable.

The main conclusions of the three-day conference were summarized in the Sarajevo Declaration that urges countries to take several actions in order to ensure universal suffrage.

For further information, please contact the ACEEEO Secretariat at aceeeo@aceeeo.org.

Conference concept paper

"Participation of national minorities in the election process"

"Participation of persons with disabilities in the election process"

Conference Concept Paper

Holding 21st ACEEEO Annual Conference in Bosnia and Herzegovina shortly before local elections, which will be held beginning October 2012, will represent a great opportunity to inform the public on activities of the ACEEEO, as well as the topic to which this conference will be dedicated.

I.

Development on consciousness on the need of strengthening human rights and freedoms of minorities resulted in apprehension that the basis is no longer only prohibition of discrimination, but also guaranteeing rights to minorities for their specificity, namely preservation of ethnical, religious and cultural identity.

Crucial influence to development of political and legal consciousness on importance of improving status of minorities had international institutions – the United Nations, Council of Europe and Organization for Security and Cooperation in Europe. The Council of Europe started this process in 1950 by adopting the Convention on protection of human rights and fundamental freedom, and the process was continued by adoption of the European Charter on regional or minority languages (1992), and Framework Convention for protection of national minorities (1995). The OSCE's standards of guaranteeing human rights and protection of minorities are set in the Copenhagen Document from 1993. The primary aim is to improve rights of minorities and attempt of their standardization in the global sense. In December of 1992 the United Nations adopted the Declaration on rights of persons belonging to ethnical, religious or linguistic minorities. Besides these documents, different countries signed bilateral agreement, which have an important role in exercise and protection of minority rights.

In practice, one of the biggest problems and challenges in protection of rights of ethnic minorities is the fact that countries even after signing the conventions and agreements try to avoid fulfillment of international standards justifying such acts with specificity, claims that they do not have minorities or that all guaranteed rights are ensured. In this sense theory and practice observed globally significantly differ and they are in an obvious disharmony. One can also observe "overloading" of rights that are set for national minorities and at the same time non-commitment to assumed and prescribed obligations.

Provisions of the Constitution of Bosnia and Herzegovina do not prescribe that representatives of national minorities can be elected to the Presidency and the House of People of the Parliamentary Assembly of Bosnia and Herzegovina. Article 2 of the Constitution guarantees enjoyment of rights and freedoms set in the European Convention for protection of human rights and fundamental freedoms, as well as in its protocols. Due to violation of rights of national minorities' representatives and impossibility to be elected to the high representative bodies at the state level, Bosnia and Herzegovina has the obligation, defined by the decision of the European Court for human rights in Strasbourg from December 2009, in case Sejdić – Finci, to make changes to the Constitution and the Election Law of BiH thus ensuring the right to be elected to the representatives of national minorities. One must notice that Bosnia and Herzegovina at 2008 Local Elections created conditions for the representatives of national minorities to be elected to the legislative bodies at the local level through changes to the Election Law.

Persons belonging to national minorities have the right to completely and efficiently enjoy human rights and fundamental freedom without any discrimination, being equal before the law and having equal right to vote. Special rules ensuring guaranteed seats to national minorities or assuming deviation from usual criteria of distribution of seats for parties representing national minorities are not in contradiction to the principle of universal right to vote. The aim of the Conference is to give its contribution to exercise of the national minorities' rights in the elections.

Plenary sessions will focus on the following topics:

1. National minorities in election process – experience from the region;

2. Election system in BiH and political representation of national minorities.

II.

Participation of persons with disabilities in the elections is set by national electoral legislation, harmonized with the international legal documents by which the countries committed themselves to respecting the electoral rights of persons with disabilities aimed at easier exercise of their voting right.

International documents regulating voting of persons with disabilities are: UN Convention on rights of persons with disability, document of the Copenhagen meeting of the Conference on of the CSCE, Action plan of the Council of Europe to promote the rights and full participation of persons with disabilities in the society, Code of good practice on election of Council of Europe and Council of Europe's Interpretative Declaration of Code of good practice in electoral matters on participation of persons with disabilities at the elections.

The UN Convention guarantees to persons with disabilities their political rights and possibility to participate in the political life on the equal basis with the others. The countries should enable the persons with disabilities the right and possibility to vote and to be elected by ensuring that the voting procedure, space and materials are appropriate, accessible and easy to understand and use, that persons with disabilities have the right to secret vote, without any intimidation, as well as the right to independently stand as candidates for the elections and to conduct their duties as well as all public functions at all levels of government, enabling the use of auxiliary and new technologies, if appropriate. Additionally, the countries should guarantee freedom of expression of will by voters with disabilities, approving their request for assistance in voting by person of their own choice.

Interpretative Declaration of the Code of good practice in electoral matters on participation of persons with disabilities at elections it has been stipulate that no person with disability will be denied the right to vote and to be elected based on his/her physical and/or mental incapability unless the right to vote and to be elected is denied by the court decision based on proved mental incapability. Voting procedure, as well as voting objects, should be accessible to persons with disabilities so they can exercise their democratic rights, and where possible, assistance in voting should be permitted having in mind the principle that the voting has to be individual. The right of persons with disabilities to cast secret vote should be protected by, inter alia, guaranteeing free expression of will of persons with disabilities as voters to receive, upon their request, voting assistance by person of their choice in conditions that ensure that selected person will not influence the choice. Persons with disabilities should therefore be in position to exercise their right to vote and participate in political and public life as elected officials on equal basis with other citizens.

Voting of persons who can access the polling station in most of the European countries is regulated through assistance of a person authorized by the person with disability or a person selected by the president of the polling station. In Bosnia and Herzegovina this kind of assistance to a person with disability or illiterate person cannot be provided by the polling station committee member or political party observers. Such a person can only be assisted by another voter. ALSO, European countries have regulated voting of persons who for any reason cannot be at the polling station on the Election Day in two manners: polling station is located close to private and public nursing homes or voting of such persons at home. Voting of homebound voters, voters in hospitals or voters who will vote in prisons and detention unite Bosnia and Herzegovina regulated by mobile teams that visit every voter at his/her address and enables his/her to vote. Special voters' register is drawn up for person falling under any of above-mentioned categories.

Forthcoming Conference should contribute to putting efforts in creating and improving the environment in which persons with disabilities will be able to participate in political parties and civil society under equal conditions; increase in participation of persons with disabilities in political and public life at all levels: local, regional, national and international, in order to completely represent diversities of society; increase in participation of women and young people with disabilities, as well as persons needing high level of assistance, with active participation of persons with disabilities and organizations representing them in creation and realization of these efforts.

Plenary sessions will focus on the following topics:

1. Participation of persons with disability in political life on equal basis with others;

2. Voting of persons with disabilities at elections; and

3. Use of supplementary technologies in exercise of electoral rights of persons with disabilities.

Resume, program and presentations

21st ACEEEO Annual Conference and General Assembly meeting

Sarajevo, Bosnia and Herzegovina

"Participation of national minorities in the election process"
"Participation of persons with disabilities in the election process"

13 – 15 September, 2012

13 September, 2012 – Thursday

Special Event: BRIDGE Session on "Access to the Electoral Processes"

Participants in this interactive workshop had the possibility to put oneself into the place of people with various disabilities. There was a suggestive discussion on the barriers that people belonging to vulnerable groups (such as people with disabilities, people belonging to minorities, illiterate people, refugees etc.) have to face if they would like to exercise their right to vote or participate in the electoral process as a candidate, observer or member of an EMB, and participants tried to think over possible solutions. Finally, a heated debate developed on the questions of suffrage of children and people with intellectual disabilities.

14 September, 2012 – Friday

Plenary Session: Participation of persons with disabilities in the election process I.

Chair: Mr. Richard Soudriette, President, Center for Diplomacy and Democracy

Speakers:

Ms. Virginia Atkinson, Inclusion Program Officer, IFES

The UN Convention on the Rights of Persons with Disabilities (CRPD) entered into force in 2008. 153 countries have signed it, 111 have also ratified. According to Article 29, States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others. The commitment includes among others ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use, voting by secret ballot, standing for elections and working as an EMB official, poll worker or observer. There are several precedents pointing forward in the implementation (e. g. in Guatemala).

To read Ms. Atkison's presentation, please click here.

Mr. Rodolfo Cattani, Secretary General, European Disability Forum (EDF), representing International Disability Allience (IDA)

According to the Disability World Report, published in 2011, persons with disabilities represent 15% of the world's population. Concerning the laws, policies and practicies on the right to political participation by persons with disabilities states differ from the ones where right to vote is guaranteed for persons with disabilities de iure and de facto to states where all persons with intellectual disabilities or under guardianship are prohibited to exercise voting rights. In the UN system the right to vote and to be elected of persons with disabilities are provided by three international instruments: Universal Declaration of Human Rights, CRPD and International Covenant on Civil and Political Rights. In addition, the human rights mechanisms monitor the implementation of those instruments. In Europe, the activity of the CoE Human Rights Commissioner, Venice Commission, Committee of Ministers of the Council of Europe has to be mentioned. According to Article 29 of CRPD, states are forced to take steps before, during and after the elections to ensure these rights.

To read Mr. Cattani's presentation, please click here.

Plenary Session: Participation of minorities in the election process I.

Chair: Mr. Zenonas Vaigauskas, Chairman, Central Election Commission of Lithuania

Speakers:

Professor Sacir Filandra, Dean of the Political Sciences Faculty, University of Sarajevo

The equality of people is one of the highest political ideals, it is an almost universally accepted principle that members of a political community should be treated as equals, the state should equally take care of all its subjects and respect them. However, social factors like political transition or post-war destruction can cause that the dominant social groups are insensitive towards the marginalised ones, including women, national minorities, and all kinds of persons with special needs. Electoral procedure is not always ready to cope with such situations. Another problem could be that these vulnerable groups are not sufficiently well-organised.

To read Professor Filandra's presentation, please click here.

Dr. Beata Martin-Rozumilowic, Head of Election Department, OSCE/ ODIHR

OSCE's work related to national minorities is multilevel. Politically binding commitments such as 1990 Copenhagen Document, 1992 Helsinki Document and the Recommendations on the Effective Participation of Minorities in Public Life (Lund Recommendations) aim at promoting the equal participation of minorities in the electoral process and public life. The OSCE High Commissioner can provide early warning on potential conflicts. ODIHR election observation missions assess the extent to which an election process meets OSCE commitments and international standards, with respect to the participation of national minorities. This asses, that is usually performed by a national minority analyst, extends not only for election day but also to pre-election and post-election periods. Boundary delimitation, voter registration, campaign, media issues and the method of voting can also have effects on national minorities.

To read Dr. Martin-Rozumilowic's presentation, please click

Mr. Oliver Kask, Judge, Council of Europe - Venice Commission

Venice Commission regularly publishes opinion on the member states' electoral acts in cooperation with OSCE. In these reports, special attention is paid to regulation of national minorities' participation in electoral process. Moreover, the commission issued several general opinions and reports on the topic of national minorities. Most important of them are Electoral law and national minorities (2000), Report on Electoral Rules and Affirmative Action for National Minorities' Participation in decision-making process in European countries (2005) and Report on Dual Voting for Persons belonging to National Minorities (2008). Electoral system has a serious impact on national minorities, proportional system or reserved seats are particularly favourable. On the other hand, procedural matters have the same significance.

15 September, 2012 – Saturday

Plenary Session: Participation of minorities in the election process II.

Chair: Mr. Kazimierz W. Czaplicki, Secretary of the National Electoral Office of Poland

Speakers:

Mr. Stjepan Mikić, Member of Central Election Commission of Bosnia and Herzegovina

National minorities have the right to representation in the Municipal Council/Assembly in proportion to their percentage in the total population according to the last census in Bosnia and Herzegovina. A reserved seat is guaranteed to them if the ratio of the national minority is more than 3% in the population. Voters can choose on the election day between the lists of political parties and the list of candidates belonging to a minority. There is no minority representation at national level. Special attention is given to voters with special needs in the electoral process by the electoral law and by the electoral management bodies (e.g. assisting of voter, mobile ballot boxes).

To read Mr. Mikic's presentation please click here.

Mr. Marian Muhulet, Vice-President, Permanent Electoral Authority of Romania

According to the Romanian Constitution, organizations of citizens belonging to national minorities, which fail to obtain the number of votes for representation in Parliament have the right to one deputy seat each, under the terms of the electoral law. For that, they have to obtain a total number of votes equal to at least 10% of the average number of valid votes cast in the country for deputy election. Currently, 18 national minorities have deputies in the Romanian Parliament. Roma minority is a special one as there are no reliable data on their number which is a challenge for the future. Concerning the procedural matters, a BRIDGE training was recently facilitated in Romania on access issues that can promote EMBs' better management of valuable groups.

To read Mr. Muhulet's presentation please click here.

Mr. Boris Kondarko, President, State Election Commission of Macedonia

Republic of Macedonia is a multi-ethnic state. The Constitution guarantees the equality of the citizens in their freedom and rights so also in the right to vote. The parliamentary election is based on a proportional system with multi-member constituencies so special attention must be given to national minorities' inhabitation in the boundary delimitation. Persons belonging to national minorities shall be represented in the electoral bodies according to the ratio of the national minority in the population. Lastly, national minorities have the right during the whole electoral process to use their own language, depending on their representation in the electoral unit.

To read Mr. Kondarko's presentation please click here.

Mr. Andrej Magera, Deputy Chairman, Central Election Commission of the Ukraine

According to the Article 24 of the Constitution of Ukraine, citizens shall have equal constitutional rights and freedoms and shall be equal before the law. That covers also the field of elections and contains also the right to vote and to be elected. One of the recent developments in this subject is the Act on Language Policy adopted in July 2012 that regulates the use of languages. According to the act, if in a region more than 10% of the population belongs to a national minority, the official documents are to be also in the minority's language. That concerns also the materials and documents used in the electoral procedure.

Plenary Session: Participation of persons with disabilities in the election process II.

Chair: Mr. Bill Sweeney, President/CEO, IFES

Speakers:

Mr. Niall McCann, UNDP Brussels, Senior Election Assistance Advisor

One of the recent developments in the framework of the UN in the field of persons with disabilities is the guideline 'Promoting the Electoral Rights of Persons with Disabilities through UN Electoral Assistance' approved in June 2012. This document outlines how the United Nations shall promote the electoral rights of persons with disabilities through electoral assistance in order to ensure consistency and coherence across the UN system. The guideline enumerates the actions UN electoral personnel should, to the extent possible, undertake in the context of UN electoral assistance. The document is based on the requirements included in Article 29 of CRPD.

Mr. Dmitriy Gladey, Deputy Head of the IPA CIS Council Secretariat

The right of persons with disabilities to vote and to be elected was not a current issue until the last decades. Perhaps that is the reason why in some member states of the Interparliamentary Assembly of Member Nations of the Commonwealth of Independent States the legal rules do not ensure an accessible, voter-friendly electoral procedure for persons with disabilities (e.g. there is no home-voting). However, there are also some examples for best practices, both in laws and in the practice of electoral management bodies.

To read Mr. Gladey's presentation please click here (in Russian).

Mr. Gábor Halmai, MDAC, Advocacy Officer

In December 2010, as a consequence of the case Kiss Alajos v. Hungary, the Venice Commission adopted an Interpretative Declaration to the Code of Good Practice in Electoral Matters on the participation of people with disabilities. According to this instrument no person with a disability can be excluded from the right to vote or to stand for election on the basis of her/his physical and/or mental disability unless the deprivation of the right to vote and to be elected is imposed by an individual decision of a court of law because of proven mental disability. However, taking into account the developments in the framework of CRPD, the Venice Commission adopted in December 2011 a Revised Interpretative Declaration that states: 'Universal suffrage is a fundamental principle of the European Electoral Heritage. People with disabilities may not be discriminated against in this regard, in conformity with Article 29 of the Convention of the United Nations on the Rights of Persons with Disabilities1 and the case law of the European Court of Human Rights.' Awareness raising and civic education are essential in this subject.

To read Mr. Halmai's presentation please click here.

Workshop A – Participation of Minorities at elections

Chair: Ms. Zvjezdana Dragovic, Acting Director, AEOBIH

Keynote Speaker: Mr. Tamás Korhecz, President, National Council of the Hungarian Ethnic Minority, Serbia

Republic of Serbia is a multiethnic state, around 20 percent of the entire population belongs to several minorities. There are two forms of minorities' taking part in electoral procedure. In the National Assembly, the Assembly of the Autonomous Province of Vojvodina and local assemblies, some affirmative measures connected with the census requirement make the election of minority deputies easier. In addition, the national councils of national minorities are self-governments of the minorities in areas of culture, education, media and language affairs. National minorities' political parties play an important role in the representation of national minorities.

To read Mr. Korhecz's presentation, please click here.

Moderator: Mr. Csaba Tiberiu Kovacs, Secretary General, Permanent Electoral Authority of Romania

In the workshop participants had a discussion on the difficulties of defining the word 'minority' as there are at least two approaches: a sociological and a political one. The definition is also different in Western-Europe and in the member states of ACEEEO. While trying to solve the national minorities' representation, governments and EMBs have to face several prejudices. The main regulation shall be incorporated into the constitution. The choice of the electoral system is a basic question: proportional systems are the most favourable for national minorities and high threshold can be an obstacle for their representation. Electoral materials shall be available also in the minorities' languages, organisations of national minorities and the media also play an important role in promoting their taking part in public life.

Workshop B – Participation of Disabled persons at elections

Chair: Mr. Manuel Carillo, Chief of Staff, International Affairs Unit, Federal Electoral Institute of Mexico

Keynote Speaker: Mr. Patrick Clarke, Executive Director, Down Syndrome Ireland

Persons with Down syndrome have to face discrimination also in our days as their disability is visible. EMBs have the responsibility to manage them on an equal basis with others. On the contrary, positive measures are also essential: electoral information and campaign materials should be in an accessible format also for them (for example photographs or signs on the ballot paper can help them to decide without assistance). Education is also inevitable, for persons with disabilities to be aware of their political rights, for the whole society to accept and help these people to exercise their voting rights.

Moderator: Mr. Arnis Cimdars, Chairman, Central Election Commission of Latvia

Participants in the workshop discussed that governments and EMBs have a common responsibility in ensuring the participation of persons with disabilities in the electoral procedure as in some cases administrative and technical measures are not sufficient and there is a need for legal actions. Awareness-raising campaign is also necessary to make the society understand why persons with disabilities should take part in the democratic decision-making process. However, the ensuring of the right to vote and to be elected of this vulnerable group is not only a recommendation but also a legally binding requirement that comes from the international human rights documents, especially from the CRPD. As right to vote is a political right and not a social right, it has to be ensured in an unconditional way, so states cannot refer to their financial or other situation.

Sarajevo declaration

Sarajevo Declaration
on Electoral Access for Persons with Disabilities and Persons belonging to Minorities

(Conclusions of ACEEEO's 21st Annual Conference in Sarajevo, Bosnia and Herzegovina,
13-15 September 2012)

Please click here to download the Declaration.

Bearing in mind that the Association of European Election Officials, also known as ACEEEO, is dedicated to promoting professional election administration to safeguard universal suffrage,

Reaffirming that the Universal Declaration of Human Rights guarantees all persons the right to freely choose their government and to vote by secret ballot in periodic and genuine elections,

Considering that persons with physical, sensory, intellectual and psychosocial disabilities are guaranteed full access to political and electoral processes in accordance with the United Nations Convention on the Rights of People with Disabilities,

Emphasizing the recent actions of the European Court of Human Rights and noting the adoption in 2011 by the Venice Commission of the Revised Interpretive Declaraton of the Code of Good Practice in Electoral Matters on the Participation of People with Disabilities in Elections,

Recognizing that the human rights of persons belonging to minorities have been and continue to be strongly affirmed by the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities adopted in 1992, and documents adopted in the framework of Council of Europe and Organization for Security and Cooperation in Europe, above all Framework Convention for the Protection of National Minorities of 1995 and Copenhagen Document from 1993,

Taking into account that in the 21st century that persons with disabilities, and persons belonging to minorities continue to suffer discrimination and face challenges in realizing their full electoral and politicial rights,

Now, therefore, the Association of European Election Officials and the participants of the 2012 Sarajevo Conference urge countries to take the following actions:

Article 1.

1. All democratic states must guarantee full electoral and political rights for persons with disabilities in keeping with the universal and regional documents on the rights of the persons with disabilities.
2. Governments and electoral management bodies must work together to ensure that persons with disabilities have full access to the electoral and political process including the right to vote, as well as to seek and serve in public office.
3. To develop fully accessible and inclusive polling stations, materials and information and voter friendly voting systems, electoral management bodies and disabled persons organizations are urged to work together to facilitate the right to vote by secret ballot for citizens with disabilities.

Article 2.
1. The rights of persons belonging to minorities to full electoral and political rights shall be guaranteed in keeping with the universal and regional documents on the rights of persons belonging to minorities.
2. Electoral management bodies are urged to cooperate with minority communities in their countries to promote full electoral and political participation by persons belonging to minorities including the right to vote by secret ballot and to seek and serve in public office.
3. To develop accessible polling stations and voter friendly voting systems, electoral management bodies are urged to work in coordination with minority communities.

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21st Annual Conference in Sarajevo, Bosnia and Herzegovina