ODIHR electoral recommendations database

A comprehensive review of the legal framework should be undertaken to address all outstanding ODIHR recommendations, eliminate existing gaps and inconsistencies, and incorporate in the legislation judgments of the European Court of Human Rights and Constitutional Court of Bosnia and Herzegovina regarding ethnicity and residency-based restrictions on the right to stand as a candidate. In line with international good practice, the comprehensive review process should be open, inclusive and consultative and take place well before the next elections.

Recommendation # in final report: 1

Type of recommendation: Priority

Thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Partially

Final report heading: Legal Framework

Authorities should provide adequate and effective allocation of funds to ensure the functionality of the Central Election Commission as an institution, including in non-election years, and to cover all the costs associated with the organization of the elections. The Central Election Commission should be provided with the necessary resources to hire sufficient and qualified staff, including in its audit, legal and IT departments, and to develop its IT infrastructure.

Recommendation # in final report: 2

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Administration

In order to ensure timely formation, impartiality and professionalism of Polling Station Commissions and increase stakeholders’ trust, the authorities should review the system of appointment of these commissions. This could be achieved by limiting eligibility to nominate their members only to the parties represented in the state and entity parliaments, or those drawn from a permanent roster of trained people maintained by the Central Election Commission.

Recommendation # in final report: 3

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2024

Final report heading: Election Administration

Authorities should ensure that members of the election administration are not recalled for arbitrary reasons and that they are able to conduct their duties without fear of retribution or intimidation, including based on gender, and should promptly investigate and respond to such cases.

Recommendation # in final report: 4

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Mostly

Year of assessment: 2024

Final report heading: Post-Election Day Developments

To facilitate women’s active participation in public and political life, comprehensive legal, institutional, and educational efforts challenging the existing gender stereotypes about the role of women and men in politics should be undertaken by the authorities at all levels. A thorough assessment should be conducted on the impact of the gender quota requirements on the election of women officeholders at all levels.

Recommendation # in final report: 6

Type of recommendation: Priority

Thematic area: Participation of Women

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Election Campaign

To ensure the equality of the vote, the boundaries of multi-member constituencies and their relevant number of mandates should be reviewed periodically and well in advance of the next elections, in line with the national legislation, international standards and good practice.

Recommendation # in final report: 9

Type of recommendation: Other

Thematic area: Electoral System

Type of change required: Practice

Status of implementation: Not evaluated

Year of assessment: 2024

Final report heading: Electoral System

The Central Election Commission should continue enhancing the training of lower-level election commissions, with a particular focus on voting and counting procedures and completing voting results protocols.

Recommendation # in final report: 10

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Administration

The authorities, including the election administration, should develop a comprehensive long-term voter education and information programme for different target audiences in close consultation with organizations representing these groups. Voter education and information materials should be produced in line with accessibility standards.

Recommendation # in final report: 11

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Administration

In order to enhance respect for freedom of association and expression, the legal framework should be amended to allow voters to sign in support of more than one electoral contestant in each election.

Recommendation # in final report: 14

Type of recommendation: Other

Thematic area: Candidate Registration

Type of change required: Legal

Status of implementation: Not evaluated

Year of assessment: 2024

Final report heading: Candidate Registration

Political parties should undertake effective measures to identify and overcome gender-biased barriers for women candidates, including by reviewing current intra-party practices that curb more effective representation of women within party structures and as candidates.

Recommendation # in final report: 15

Type of recommendation: Other

Thematic area: Participation of Women

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Election Campaign

The capacity of the Central Election Commission should be strengthened to effectively monitor and investigate campaign finance operations. The Central Election Commission should be legally obliged to audit all financial reports by political parties and candidates in a timely manner and promptly publish the results of such audits.

Recommendation # in final report: 16

Type of recommendation: Other

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Campaign Finance

To increase the transparency of campaign finance and accountability for financial violations, the regulatory framework should prescribe proportionate and dissuasive sanctions for violations.

Recommendation # in final report: 17

Type of recommendation: Other

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Campaign Finance

To enhance the scope of the information available for voters and promote balanced and impartial reporting in the news and current affairs programmes, the public broadcasting service should be granted a stable system of funding.

Recommendation # in final report: 18

Type of recommendation: Other

Thematic area: Media

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Media

The legislation should be amended to provide a clear definition of defamation, review sanctions for defamation to ensure proportionate and reasonable remedy, and provide for safeguards against abusing defamation law.

Recommendation # in final report: 19

Type of recommendation: Other

Thematic area: Media

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Media

Authorities should proactively publish information of public interest, including related to elections, in the public domain. Access to such information should be easy, prompt, effective and practical, facilitating a wide range of inquiries. Information requests should be reviewed swiftly; any refusals should have clear justifications.

Recommendation # in final report: 20

Type of recommendation: Other

Thematic area: Media

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Media

To allow adequate time for the filing and handling complaints, deadlines could be brought in line with international good practice. The Central Election Commission should consider all complaints and appeals in a timely manner and be properly prepared and resourced to do so.

Recommendation # in final report: 21

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Complaints and Appeals

To enhance transparency and accountability, the Central Election Commission and the courts should publish election-related complaints and decisions in a timely manner.

Recommendation # in final report: 22

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Complaints and Appeals

The system of calculating campaign expenditure limits could be revised to provide for adequate financing of election campaigns. Sanctions for the violations of campaign finance rules should have a dissuasive effect but at the same time be proportionate to the severity of the violation.

Recommendation # in final report: 7

Type of recommendation: Priority

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Campaign Finance

Relevant authorities should take additional steps to enhance women’s participation. Political parties should identify and address barriers to women’s active participation, including by conducting gender audits and adopting plans to address internal culture and practices hindering women's effective representation within party structures. Legislative bodies at all levels could adopt rules of procedure banning misogynistic behavior, with violations being subject to dissuasive sanctions.

Recommendation # in final report: 8

Type of recommendation: Other

Thematic area: Participation of Women

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Political Background

To further enhance transparency of election administration, the CEC and MECs should publish the minutes of their meetings and ensure that all decisions and instructions, including on complaints, are published in a timely manner in full.

Recommendation # in final report: 9

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Administration

To further enhance the impartiality and professionalism of the lower-level election administration, in line with the 2024 amendments, and to avoid delays in PSC appointments, the CEC could identify and train PSC presidents and deputy presidents well in advance. In addition to continuous training, a refresher course closer to the elections could take place to ensure adequate preparedness for the elections.

Recommendation # in final report: 10

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Administration

To avoid challenges in acquiring electoral goods and services, the CEC should have sufﬁcient financial and organizational resources in place.

Recommendation # in final report: 13

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Administration

To increase trust in the voter register and improve its accuracy, the authorities should consider conducting a comprehensive audit of the Central Voter Register and the civil register.

Recommendation # in final report: 14

Type of recommendation: Other

Thematic area: Voter Registration

Type of change required: Sub-legal

Status of implementation: Not evaluated

Final report heading: Voter Registration

To prevent the misuse of administrative resources, consideration should be given to legally defining and prohibiting extraordinary government expenditures from the call of an election, except in the event of a declared state of emergency.

Recommendation # in final report: 16

Type of recommendation: Other

Thematic area: Campaign

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Campaign Environment

To increase transparency of campaign finance, deadlines for submission and publication of interim campaign finance reports should ensure timely publication prior to election day. To guarantee voters’ informed choice, the information about campaign incomes and expenditures for each electoral competition in each municipality should be made available to voters.

Recommendation # in final report: 17

Type of recommendation: Other

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Campaign Finance

The existing structure of the public broadcasting service, including its legislative basis, on both state and entity levels, should be reconsidered, with the aim to ensure independent public media broadcasters. A stable, predictable, fair and enforceable system of funding that enables their free operation should be the priority.

Recommendation # in final report: 19

Type of recommendation: Other

Thematic area: Media

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

As previously recommended by ODIHR, all public broadcasters should provide impartial coverage in their news and political programmes. The legal provisions on this requirement should explicitly address the coverage not only of registered election contestants but also of public officials who take part in the campaign.

Recommendation # in final report: 21

Type of recommendation: Other

Thematic area: Media

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

The system of admission and handling of election-related complaints should be reconsidered to ensure timely and effective legal remedies.

Recommendation # in final report: 23

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Election Dispute Resolution

The legal deadlines for consideration of complaints by the election administration and the judiciary should be aligned to ensure timely and effective remedy. All CEC decisions should be subject to judicial appeals.

Recommendation # in final report: 24

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Election Dispute Resolution

In line with international standards and to ensure transparency of electoral dispute resolution, text and decisions on complaints and appeals should be promptly published by the respective institutions.

Recommendation # in final report: 25

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Dispute Resolution

A comprehensive review of the legal framework should be undertaken, as previously recommended, to address all ODIHR outstanding recommendations, and to remove existing inconsistencies. In line with OSCE commitments and international good practice, such a review should be open, inclusive, and consultative, and conducted well in advance of elections.

Recommendation # in final report: 1

Type of recommendation: Priority

Thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Electoral System and Legal Framework

To ensure independence and operational efficiency of the election administration, the authorities should guarantee adequate and timely budget allocation and operational support, including in non-election years. The capacities of the Central Election Commission’s personnel should match the responsibilities vested in the Commission under the Election Law, with essential qualified staff employed on a permanent basis.

Recommendation # in final report: 2

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Sub-legal

Status of implementation: Not evaluated

Final report heading: Election Administration

To increase the effectiveness of campaign finance oversight, and as previously recommended, the Central Election Commission’s capacity should be strengthened to ensure effective monitoring and investigation of campaign finance operations. The law should introduce strict deadlines for the Central Election Commission to audit all financial reports and to promptly publish the results of such audits.

Recommendation # in final report: 5

Type of recommendation: Priority

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Campaign Finance

As previously recommended, all public broadcasters should provide equitable and balanced coverage of electoral contestants in primetime news and editorial programmes, in addition to free airtime, to contribute to the ability of voters to make informed voting choices. The legal requirements for impartial and balanced coverage of the contestants should be also applicable to their websites and social network pages.

Recommendation # in final report: 6

Type of recommendation: Priority

Thematic area: Media

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

To enhance transparency and accountability, the Central Election Commission and Municipal Election Commissions shall publish all relevant documents related to the electoral process, including decisions, regulations, and complaints, in a timely and comprehensive manner and ensure effective access to information of public interest.

Recommendation # in final report: 8

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Administration

To ensure a level playing field, the election law should be amended to prevent incumbents and other officials from misusing public resources and official positions, and to prohibit budgetary allocations and financial awards after the call of elections. In cases of violations, timely and dissuasive sanctions should apply to all participants and public officials.

Recommendation # in final report: 11

Type of recommendation: Other

Thematic area: Campaign

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Electoral Campaign

While regular political activities should not be prohibited before the official campaign period, expenditure incurred on campaign activities from the call of elections could count towards the campaign spending limit and be included in the campaign finance reports in order to enhance transparency and prevent circumvention of such limits.

Recommendation # in final report: 12

Type of recommendation: Other

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Campaign Finance

To ensure equal campaign conditions, consideration could be given to providing public funding to all political parties represented in the entity parliaments or reimbursing campaign expenditures of the contestants, conditioned upon receiving a minimum number of votes and presenting proof of expenditure.

Recommendation # in final report: 13

Type of recommendation: Other

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Campaign Finance

In line with international good practice, third-party campaigning should be regulated in a comprehensive manner to ensure transparency of campaign finances and avoid circumvention of the spending limits.

Recommendation # in final report: 14

Type of recommendation: Other

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Campaign Finance

The method of funding of the public media broadcasting service on both state and entity levels should ensure their stable, consistent and predictable funding and operation.

Recommendation # in final report: 16

Type of recommendation: Other

Thematic area: Media

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

As previously recommended, the Communication Regulation Agency could be mandated to conduct full media monitoring of all broadcasters during the election campaign to assess their compliance with the requirements for balanced and impartial coverage.

Recommendation # in final report: 18

Type of recommendation: Other

Thematic area: Media

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

To enhance the effectiveness of the election dispute resolution, consideration could be given to extending to citizen election observers the right to file formal complaints, including at election commissions and the courts.

Recommendation # in final report: 19

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Election Dispute Resolution

To increase the efficiency of the election dispute resolution, the appeals against the Central Election Commission’s decisions could be directly submitted to the court.

Recommendation # in final report: 20

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Election Dispute Resolution

Efforts should continue to fully harmonize legislation at the state, entity and Brčko district level in order to enhance legal certainty.

Recommendation # in final report: 2

Type of recommendation: Priority

Thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Legal Framework

The authorities at state and entity level should address the problem of the allocation of the voting option for Brčko residents for general elections.

Recommendation # in final report: 4

Type of recommendation: Priority

Thematic area: Electoral System

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2018

Final report heading: Voter Rights and Registration

Considering the amount of work and the procedural problems observed on election day, attention should be given to increase the professionalism and accountability of PSCs. The complex election day paperwork suggests that emphasis should be put on training PSC members to deal exclusively with this.

Recommendation # in final report: 8

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2018

Final report heading: Election Administration

The authorities should consider amending the BiH Election Law to remove the restriction that prohibits voters from signing in support of more than one candidacy.

Recommendation # in final report: 10

Type of recommendation: Other

Thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Legal Framework

In order to remedy the existing practice of political subjects trading PSC positions, the law could be amended in such a way that political subjects provide a list of potential PSC candidates before the MEC lottery is conducted, rather than afterwards.

Recommendation # in final report: 13

Type of recommendation: Other

Thematic area: Election Administration

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Election Administration

Consideration should be given to introducing clear deadlines for the CRA to handle complaints related to broadcasters’ activities in a timely manner. The CRA should consider systematic monitoring of the broadcasters’ election coverage and their compliance with the rules and regulations.

Recommendation # in final report: 15

Type of recommendation: Other

Thematic area: Media

Type of change required: Sub-legal

Status of implementation: Partially

Year of assessment: 2018

Final report heading: Media

There could be greater objectivity and diversity in the reporting of public broadcasters, especially when covering activities of state authorities, which could be achieved by fully respecting editorial independence.

Recommendation # in final report: 16

Type of recommendation: Other

Thematic area: Media

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2018

Final report heading: Media

Political parties should be encouraged to promote gender equality and take actions to enhance the participation of women in the party leadership and in electoral lists, to increase visibility of female candidates during electoral campaigns, and to systematically integrate gender issues as part of party platforms.

Recommendation # in final report: 19

Type of recommendation: Other

Thematic area: Participation of Women

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2018

Final report heading: Participation of Women

The accuracy, accountability and quality of the electoral process could benefit from better quality of election materials. The ballot papers for voting by mail could be printed in different colour to avoid potential misuse for in-person voting. In order to avoid fraudulent usage of ballots which are not of the prescribed form, ballot papers could be printed with a security pattern. The CEC could also consider usage of translucent ballot boxes to increase the transparency of the election process.

Recommendation # in final report: 21

Type of recommendation: Other

Thematic area: Election Day

Type of change required: Practice

Status of implementation: Fully

Year of assessment: 2018

Final report heading: Election Day

In order to uphold the principle of equality of the vote, constituency boundaries should be reviewed in accordance with the election law, OSCE commitments and other international standards. The law should specify which body is responsible for the review and that the process be impartial, transparent and involve broad public consultation.

Recommendation # in final report: 2

Type of recommendation: Priority

Thematic area: Legal Framework

Type of change required: Sub-legal

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Legal Framework and Electoral System

The right to file a complaint should be provided to everyone at every stage of the electoral process.

Recommendation # in final report: 3

Type of recommendation: Priority

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Mostly

Year of assessment: 2022

Final report heading: Complaints and Appeals

The regulatory framework for campaign finance should be reviewed to take account of the gaps identified in this and previous OSCE/ODIHR reports and by GRECO.

Recommendation # in final report: 4

Type of recommendation: Priority

Thematic area: Campaign Finance

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2022

Final report heading: Campaign Finance

Investigation of electoral offences by prosecutors should be carried out in a timely manner to ensure effective remedy. Where irregularities are established, those found guilty should be held accountable.

Recommendation # in final report: 5

Type of recommendation: Priority

Thematic area: Election Dispute Resolution (EDR)

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Complaints and Appeals

To further increase transparency of the decision-making process, the CEC could consider regulating that all meetings of the CEC are open to the public.

Recommendation # in final report: 6

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Sub-legal

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Election Administration

The CEC regulations could require that the MECs hold regular, announced formal sessions. To enhance transparency, all MECs could regularly update their announcement boards and consideration could be given to publishing relevant MEC information online.

Recommendation # in final report: 7

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Sub-legal

Status of implementation: Partially

Year of assessment: 2022

Final report heading: Election Administration

While the presence of political party representatives in polling stations is a potential safeguard of the process, the authorities should address the high risk of political imbalance in PSCs by conducting a thorough review of the legal provisions and practice for allocation of PSC members. This should be done in a public consultative process that includes MECs and other relevant stakeholders. Furthermore, the CEC could consider disclosing the names of the nominating organizations of PSC members per polling station.

Recommendation # in final report: 8

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2022

Final report heading: Election Administration

The authorities could introduce a legal deadline for replacing PSC members once they are appointed and limit the possibility of replacements to specific circumstances based on justified reasons.

Recommendation # in final report: 9

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2022

Final report heading: Election Administration

The CEC could consider improved voter education on issues that directly impact voters’ rights, especially in case of changes in procedures.

Recommendation # in final report: 10

Type of recommendation: Priority

Thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Voter Rights and Registration

Media freedom should be strictly upheld. Interference with the activities of journalists and media personnel should not be tolerated and any allegations of such should be promptly and efficiently investigated.

Recommendation # in final report: 19

Type of recommendation: Priority

Thematic area: Media

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Media

Public broadcast media should adhere to its obligation to provide impartial and balanced coverage in their news and political programmes to all parties and candidates.

Recommendation # in final report: 21

Type of recommendation: Priority

Thematic area: Media

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2022

Final report heading: Media

The relatively high number of occurrences of group voting and irregular assisted voting underlines the need for authorities to enhance voter education programmes, including a focus on the importance and obligation to ensure secrecy during the voting.

Recommendation # in final report: 26

Type of recommendation: Priority

Thematic area: Election Day

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Election Day

In order to increase the transparency of the process, the CEC should ensure that copies of the results protocols are provided to all accredited observers who request them. Consideration could be given to identifying a practical way for this, which would ensure that each observer is given a copy without hindering the process.

Recommendation # in final report: 27

Type of recommendation: Priority

Thematic area: Election Day

Type of change required: Practice

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Election Day

To ensure consistency and increase transparency of the tabulation process of preliminary results, the CEC could consider regulating in greater detail the work of MECs during the reception of election materials and tabulation.

Recommendation # in final report: 28

Type of recommendation: Priority

Thematic area: Election Day

Type of change required: Sub-legal

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Election Day

The CEC should publish the results per polling station as soon as possible after election day, including partial and preliminary results.

Recommendation # in final report: 29

Type of recommendation: Priority

Thematic area: Election Day

Type of change required: Practice

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Election Day

To increase transparency of the verification of results, the process should be thoroughly regulated and the CEC could consider providing more public information about its activities, having in mind the scale, complexity and the importance of this process.

Recommendation # in final report: 30

Type of recommendation: Priority

Thematic area: Election Day

Type of change required: Sub-legal

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Election Day

A comprehensive review of the legal framework should be undertaken to eliminate the shortcomings identified in this and prior ODIHR reports and to prevent the abuse of public resources for campaign purposes.

Recommendation # in final report: 2

Type of recommendation: Priority

Thematic area: Legal Framework

Secondary thematic area: Campaign

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Legal Framework

As previously recommended by ODIHR, all public broadcasters should provide impartial and balanced coverage in their news and political programmes to all parties and candidates.

Recommendation # in final report: 19

Type of recommendation: Other

Thematic area: Media

Secondary thematic area: Campaign

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Media

The legislator should address the ECtHR judgments with regards to discriminatory ethnicity and residency-based restrictions to stand for elections.

Recommendation # in final report: 1

Type of recommendation: Priority

Thematic area: Electoral System

Secondary thematic area: Candidate Registration

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Legal Framework

The legislator should comprehensively address outstanding ODIHR recommendations, including lifting discriminatory residency and ethnic restrictions on suffrage rights to further align the legal framework with OSCE commitments, international standards, and good practice. Such a revision should be done through an open consultative procedure in advance of the next elections, providing sufficient time for an effective implementation.

Recommendation # in final report: 1

Type of recommendation: Priority

Thematic area: Legal Framework

Secondary thematic area: Candidate Registration

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Legal Framework and Electoral System

To ensure equal representation of women, additional temporary special measures should be considered.

Recommendation # in final report: 4

Type of recommendation: Priority

Thematic area: Participation of Women

Secondary thematic area: Candidate Registration

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Candidate Registration

To ensure full compliance with the legal provisions in support of equal electoral participation of women, the CEC should strictly enforce the legally prescribed gender quota on all candidate lists and only register lists that comply with the quota.

Recommendation # in final report: 15

Type of recommendation: Other

Thematic area: Participation of Women

Secondary thematic area: Candidate Registration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Candidate Registration

A detailed procedure for verifying support signatures by the CEC should be provided by law, ensuring consistency of and legal certainty on the verification process. Political parties should be provided with an opportunity to observe the verification of support signatures.

Recommendation # in final report: 11

Type of recommendation: Other

Thematic area: Legal Framework

Secondary thematic area: Candidate Registration

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2018

Final report heading: Legal Framework

The CEC should fully enforce the provisions in the law to provide accredited observers with copies of the results protocols.

Recommendation # in final report: 23

Type of recommendation: Other

Thematic area: Election Day

Secondary thematic area: Citizen and International Observation

Type of change required: Practice

Status of implementation: Fully

Year of assessment: 2018

Final report heading: Election Day

The transparency of the work of election commissions during data entry of results could be improved so that observers could access all stages of the process, including the tabulation and verification of data entry at the MCC in Sarajevo.

Recommendation # in final report: 24

Type of recommendation: Other

Thematic area: Election Day

Secondary thematic area: Citizen and International Observation

Type of change required: Practice

Status of implementation: Fully

Year of assessment: 2018

Final report heading: Election Day

The state should take effective measures to protect the voters’ right to a free and secret choice. The voting procedures should be reviewed to ensure the secrecy of the vote and protection against undue influence on voters. The importance of ballot secrecy should be emphasized during the training of election commissions and in voter education materials.

Recommendation # in final report: 4

Type of recommendation: Priority

Thematic area: Legal Framework

Secondary thematic area: Election Administration

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Day

The practice of announcing voters’ names in the polling stations should be reconsidered. Consideration should be given to a ban on keeping track of voters who voted on election day by political subjects, including by using voter lists in the polling stations.

Recommendation # in final report: 5

Type of recommendation: Priority

Thematic area: Voter Registration

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Mostly

Year of assessment: 2024

Final report heading: Election Day

Authorities should provide adequate funding for the organization of elections. The CEC should be provided with the necessary resources to attract sufficient and qualified staff to effectively administer all its tasks.

Recommendation # in final report: 9

Type of recommendation: Other

Thematic area: Election Administration

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Administration

Authorities should enhance voter education programmes, including on preventing family voting and irregular assisted voting. The CEC should further intensify its efforts to provide accessible voter education and information to all groups of voters, particularly to persons with disabilities, in close consultation with the organizations representing them.

Recommendation # in final report: 10

Type of recommendation: Other

Thematic area: Election Administration

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Administration

Effective measures should be taken to strengthen recruitment and training methods in order to ensure impartiality and professionalism of commissioners, with remuneration commensurate to their workload. To enhance the professional capacity of election commissions, the CEC and MECs could offer periodic training with certification of potential PSC members, with the aim to create a roster of certified people.

Recommendation # in final report: 12

Type of recommendation: Other

Thematic area: Election Administration

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Administration

In order to increase public trust in the integrity of the voter registration process, various stakeholders, including political parties and civil society organizations, could be invited to participate in audits of voter lists, initiated and overseen by the CEC.

Recommendation # in final report: 15

Type of recommendation: Other

Thematic area: Voter Registration

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Voter Registration

To enhance transparency and accountability, the CEC and the courts should publish information on election-related complaints and decisions in a timely manner.

Recommendation # in final report: 21

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Complaints and Appeals

The authorities should take effective measures to protect the voters’ right to a free and secret choice. The importance of ballot secrecy, protecting a voter’s identity, and ensuring voters can vote in a free atmosphere should be emphasized during the training of election commissions and in voter education materials. The polling station layout should be reviewed, and overcrowding should be addressed to ensure the secrecy of the vote and protection against undue influence on voters.

Recommendation # in final report: 8

Type of recommendation: Priority

Thematic area: Election Day

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Election Day

The election administration should consider additional measures, in close co-operation with organizations representing persons with disabilities, to ensure that voters with disabilities, including those with visual impairments, can vote independently or with a proper assistance. Efforts should be undertaken to ensure that polling station premises and layout are suitable for independent access.

Recommendation # in final report: 12

Type of recommendation: Other

Thematic area: Participation of Persons with Disabilities

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Election Administration

To ensure the secrecy of the vote, the layout of polling stations and the positioning of polling booths should be reconsidered.

Recommendation # in final report: 3

Type of recommendation: Priority

Thematic area: Election Day

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Day

To ensure effective implementation of ICT in elections, the pilots should continue to be implemented in line with the international good practice and accompanied by the timely allocation of resources, adequate training, and post-election audits on the usability and functionality of ICT.

Recommendation # in final report: 11

Type of recommendation: Other

Thematic area: Information and Communication Technologies (ICT)

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Administration

Continuous efforts should be made in close co-operation with civil society organizations working with persons with disabilities, to ensure persons with disabilities can vote autonomously, including ensuring the premises and layout of polling stations are suitable for independent access and providing electoral information in formats accessible to persons with disabilities, including voters with visual impairments.

Recommendation # in final report: 12

Type of recommendation: Other

Thematic area: Participation of Persons with Disabilities

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Administration

The capacity of the Central Election Commission should be strengthened to enable it to effectively monitor and investigate campaign finance.

Recommendation # in final report: 18

Type of recommendation: Other

Thematic area: Campaign Finance

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Campaign Finance

To ensure consistent application of counting procedures and to eliminate mistakes in the results protocols and election forms, the CEC should develop and implement additional training for PSCs, as well as for prospective members on the reserve or vetted polling staff lists.

Recommendation # in final report: 26

Type of recommendation: Other

Thematic area: Election Day

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Day

Election administration bodies at all levels should ensure unimpeded access of all accredited observers to the entire election process. To this effect, the Central Election Commission should enhance training sessions to increase awareness among the polling staff of the observers’ rights.

Recommendation # in final report: 21

Type of recommendation: Other

Thematic area: Citizen and International Observation

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Observation

To ensure the secrecy of the vote, the layout of polling stations as well as the design and positioning of polling booths should be reviewed.

Recommendation # in final report: 22

Type of recommendation: Other

Thematic area: Election Day

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Day

The transparency of the election results would increase if all public information included in the results protocols at the PS level was published on the CEC website, including the number of invalid ballots and the proportion of blank ballots.

Recommendation # in final report: 7

Type of recommendation: Priority

Thematic area: Election Day

Secondary thematic area: Election Administration

Type of change required: Sub-legal

Status of implementation: Mostly

Year of assessment: 2018

Final report heading: Election Day

Amendments to the Law on Conflict of Interest could be considered in a way that another competent authority implements its provisions and the CEC, thus relieved, can focus solely on election related matters.

Recommendation # in final report: 9

Type of recommendation: Other

Thematic area: Legal Framework

Secondary thematic area: Election Administration

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2018

Final report heading: Legal Framework

Deadlines should be introduced for the CEC to audit campaign financing. The CEC should strengthen its resources to enable a proper, accurate and timely audit.

Recommendation # in final report: 17

Type of recommendation: Other

Thematic area: Campaign Finance

Secondary thematic area: Election Administration

Type of change required: Sub-legal

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Campaign Finance

The capacity and human resources of the CEC Audit Department could be strengthened in order to provide timely and effective oversight. In line with GRECO recommendations, the law should clearly define infringements of campaign finance rules and to introduce effective, proportionate and dissuasive sanctions for these infringements.

Recommendation # in final report: 18

Type of recommendation: Priority

Thematic area: Campaign Finance

Secondary thematic area: Election Administration

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Campaign Finance

Consideration could be given to grant explicit first instance jurisdiction to MECs over violations pertaining to certain aspects of the electoral process, including those on election day.

Recommendation # in final report: 22

Type of recommendation: Priority

Thematic area: Election Dispute Resolution (EDR)

Secondary thematic area: Election Administration

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Complaints and Appeals

Election commissions and courts should refrain from handling complaints in an overly formalistic manner and should give thorough consideration to all cases.

Recommendation # in final report: 25

Type of recommendation: Priority

Thematic area: Election Dispute Resolution (EDR)

Secondary thematic area: Election Administration

Type of change required: Practice

Status of implementation: Mostly

Year of assessment: 2022

Final report heading: Complaints and Appeals

Additional efforts should be undertaken by the authorities to ensure barrier-free access to polling stations.

Recommendation # in final report: 11

Type of recommendation: Other

Thematic area: Election Administration

Secondary thematic area: Election Day

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Election Administration

To ensure the integrity of the results and public confidence in case of full implementation of ICT in future elections, the CEC should ensure that the ballot scanning technology continues to offer the possibility of a manual count and keep a paper backup for confirming the results, audits, and complaints adjudication.

Recommendation # in final report: 27

Type of recommendation: Other

Thematic area: Information and Communication Technologies (ICT)

Secondary thematic area: Election Day

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Day

The CEC could consider conducting a post-election audit of invalid ballots, including a comparison between the manual and electronic count, to assess the margin of error of the ballot scanner. The results of the audit could be used to further improve training of polling staff as well as to inform voter education strategies.

Recommendation # in final report: 28

Type of recommendation: Other

Thematic area: Information and Communication Technologies (ICT)

Secondary thematic area: Election Day

Type of change required: Practice

Status of implementation: Not evaluated

Final report heading: Election Day

Political subjects should follow the law and refrain from exercising pressure on voters. Cases of alleged pressure on voters should be examined promptly, thoroughly and effectively, and perpetrators held accountable in a timely manner by the prosecutors and the CEC.

Recommendation # in final report: 3

Type of recommendation: Priority

Thematic area: Campaign

Secondary thematic area: Election Dispute Resolution (EDR)

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Campaign

In view of providing for effective protection of electoral rights, the deadline for filing complaints could be extended, particularly for complaints about ongoing violations. The CEC should be proactive in reviewing possible irregularities ex officio, including upon notifications received from observers. Judicial review of CEC decisions on complaints and appeals should be made possible.

Recommendation # in final report: 20

Type of recommendation: Other

Thematic area: Election Dispute Resolution (EDR)

Secondary thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Complaints and Appeals

In order to address the issue of public officials and electoral contestants exerting pressure on voters, the relevant authorities should take prompt and effective steps to investigate such allegations and any misuse of administrative resources and proactively work to deter such practices.

Recommendation # in final report: 5

Type of recommendation: Priority

Thematic area: Campaign

Secondary thematic area: Election Dispute Resolution (EDR)

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Election Campaign

Authorities should reinforce effective protection of journalists from threats and intimidation. Considerations should be given to strengthen the capacity of the law enforcement bodies to ensure swift investigation of online and offline cases of pressure on journalists and media outlets.

Recommendation # in final report: 7

Type of recommendation: Priority

Thematic area: Media

Secondary thematic area: Election Dispute Resolution (EDR)

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Media

The law should provide clear deadlines for expeditious adjudication of media-related campaign complaints, including during the campaign period. In addition, the CRA should act upon its own initiative and could be legally mandated to conduct systematic monitoring of broadcasters’ compliance concerning impartial political coverage, in particular in the public media.

Recommendation # in final report: 22

Type of recommendation: Other

Thematic area: Media

Secondary thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

To ensure effective remedy and access to information of public interest, the law should prescribe clear deadlines for expeditious adjudication of media-related complaints as well as timely publication of comprehensive information on complaints received during the election period.

Recommendation # in final report: 17

Type of recommendation: Other

Thematic area: Media

Secondary thematic area: Election Dispute Resolution (EDR)

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

Implementation of certain provisions of the Election Law could be improved as follows: a. Reporting mechanisms between MECs and the CEC should be improved to enhance accuracy and timely communication. b. A comprehensive log of all complaints submitted to all election commissions, together with a status tracking system, in order to filter meeting of legal deadlines and increase transparency. c. Reinforced discretionary powers of the CEC to act on complaints or to investigate ex officio. d. Enhancing the personnel capacity of the CEC legal and audit departments.

Recommendation # in final report: 12

Type of recommendation: Other

Thematic area: Election Administration

Secondary thematic area: Election Dispute Resolution (EDR)

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2018

Final report heading: Election Administration

The authorities should review the system of allocation of mandates per electoral unit or the delineation of electoral boundaries to ensure that the number of votes needed to elect members in parliaments is equal.

Recommendation # in final report: 3

Type of recommendation: Priority

Thematic area: Legal Framework

Secondary thematic area: Electoral System

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Legal Framework

The accuracy of vote counting should be improved. Training for PSC members should be strengthened, with a special focus on the vote count and the completion of results protocols. Possibility of random recounts of the PSC voting results for all races and across all constituencies could be considered. Should technical solutions for automatic counting be introduced, a comprehensive feasibility study and piloting should be undertaken, with procurement, security and other pertinent issues discussed sufficiently in advance of the elections and in an inclusive manner.

Recommendation # in final report: 13

Type of recommendation: Other

Thematic area: Election Administration

Secondary thematic area: Information and Communication Technologies (ICT)

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Election Administration

Serious efforts should be made to ensure the impartiality of election administration. Consideration could be given to revising the method of formation of the PSCs, for example, by limiting eligibility to nominate PSC members only to the parties represented in the state and entity parliaments. Alternative mechanisms for the appointment of PSC members could also be considered, such as open calls, when political parties fail to make timely nominations.

Recommendation # in final report: 6

Type of recommendation: Priority

Thematic area: Election Administration

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2024

Final report heading: Election Administration

The regulatory framework should be strengthened to provide for transparency and accountability of campaign finances. Consideration should be given to explicitly prescribing in the law that all campaign-related financial transactions be conducted via dedicated bank accounts.

Recommendation # in final report: 7

Type of recommendation: Priority

Thematic area: Campaign Finance

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Mostly

Year of assessment: 2024

Final report heading: Campaign Finance

The constituencies and the number of mandates for the state and entity parliaments should be periodically reviewed to ensure equality of vote. Such reviews should be conducted in line with international commitments and good practice. Consideration could be given to introducing legal provisions prescribing action by the CEC if the respective parliaments do not fulfil their statutory duties.

Recommendation # in final report: 8

Type of recommendation: Other

Thematic area: Electoral System

Secondary thematic area: Legal Framework

Type of change required: Practice

Status of implementation: Not evaluated

Year of assessment: 2024

Final report heading: Electoral System

Further efforts should be undertaken to improve the accuracy of voter registration. To this end, consideration should be given to revising the mechanism of reporting and registration of deaths to ensure timely data exchange and correction of citizens’ records. The authorities could create an effective electronic notification system between the institutions involved, with clearly defined responsibilities and timelines. The duty to report death to the population registries could be transferred to the respective medical institutions.

Recommendation # in final report: 14

Type of recommendation: Other

Thematic area: Voter Registration

Secondary thematic area: Legal Framework

Type of change required: Sub-legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Voter Registration

The law should be amended to prescribe proportionate and dissuasive sanctions for violations. A reasonable deadline for auditing and publishing all campaign finance reports and the audit conclusions should be established by the law or set by the CEC.

Recommendation # in final report: 17

Type of recommendation: Other

Thematic area: Campaign Finance

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Campaign Finance

Legislation deterring excessive concentration of media, both traditional and online, as well as providing for full transparency of media ownership, should be adopted.

Recommendation # in final report: 18

Type of recommendation: Other

Thematic area: Media

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Media

Defamation should be de-criminalized. Interference with the activities of journalists and media personnel should not be tolerated, and authorities should fulfil their duty to protect the safety of media staff through effective and timely protective measures.

Recommendation # in final report: 5

Type of recommendation: Priority

Thematic area: Media

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

The legal deadlines for consideration of complaints by the election administration and the judiciary should be adjusted in order to ensure timely and effective provision of remedies against electoral violations. All CEC decisions should be subject to judicial appeals.

Recommendation # in final report: 6

Type of recommendation: Priority

Thematic area: Election Dispute Resolution (EDR)

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Election Dispute Resolution

To ensure meaningful access to and transparency of the voter register, the Central Election Commission should publish preliminary voter lists for public scrutiny online, disaggregated by polling station, periodically and before each election as legally prescribed. In line with personal data protection principles, the legislation should detail the scope of personal data of voters made publicly available.

Recommendation # in final report: 3

Type of recommendation: Priority

Thematic area: Voter Registration

Secondary thematic area: Legal Framework

Type of change required: Sub-legal

Status of implementation: Not evaluated

Final report heading: Voter Registration

The law should be amended to regulate online campaigning, including paid political advertising, and provide the oversight body with adequate resources to monitor the compliance of stakeholders with the regulations and impose proportionate, effective and dissuasive sanctions for violations.

Recommendation # in final report: 4

Type of recommendation: Priority

Thematic area: Campaign

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Electoral Campaign

To ensure integrity of and consistency in the results tabulation process, the law should prescribe clear, objective and comprehensive criteria for all types of recounts or control count, including those ordered ex officio by the Central Election Commission.

Recommendation # in final report: 7

Type of recommendation: Priority

Thematic area: Election Day

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Post-Election Developments

In a co-ordinated effort and according to clearly defined responsibilities, the state authorities should enhance the process of updating all pertinent registers and databases to provide an accurate basis for the voter register. To this end, consideration should be given to revising the mechanism of reporting and registration of deaths to ensure timely data exchange and correction of citizens’ records.

Recommendation # in final report: 9

Type of recommendation: Other

Thematic area: Voter Registration

Secondary thematic area: Legal Framework

Type of change required: Sub-legal

Status of implementation: Not evaluated

Final report heading: Voter Registration

As previously recommended, the discriminatory ethnicity- and residency-based candidate eligibility requirements should be reviewed in line with international standards and commitments.

Recommendation # in final report: 10

Type of recommendation: Other

Thematic area: Candidate Registration

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Candidate Registration

To safeguard freedom of expression and safety of media professionals, defamation and libel should be decriminalized. Measures should be taken to protect media professionals from abusive defamation lawsuits.

Recommendation # in final report: 15

Type of recommendation: Other

Thematic area: Media

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

Legislation governing political party and campaign financing could be strengthened to improve the transparency of funding candidates’ election campaign. Detailed data on donations, incomes and expenditures could be publicly available and enforcement and accountability could benefit from requirements to report campaign finances prior to election day.

Recommendation # in final report: 5

Type of recommendation: Priority

Thematic area: Campaign Finance

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2018

Final report heading: Campaign Finance

State and entities laws and other regulations on the participation of women in public decision-making positions should be harmonized with the Law on Gender Equality. Particularly, the BiH Election Law could be reviewed in order to provide for greater representation of women as candidates and in elected bodies and lists of candidates, as well as on functions in the decision-making process in the governmental structures and judiciary.

Recommendation # in final report: 6

Type of recommendation: Priority

Thematic area: Participation of Women

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2018

Final report heading: Participation of Women

The BiH Election Law could be improved by removing the obligation for running candidates to submit property statements, while maintaining this obligation for all elected candidates at the beginning and expiry of their mandates. Public accountability could benefit from a credible checking system on the property asset declarations.

Recommendation # in final report: 18

Type of recommendation: Other

Thematic area: Campaign Finance

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Year of assessment: 2018

Final report heading: Campaign Finance

The process of voting in the PS could benefit by a simplification of certain election day procedures. For example, the ballot papers need not be hand-counted before the opening of the PSs, so as to avoid their late opening. PSCs should not be required to retain the observer IDs, as these results in additional and unnecessary administrative hassle.

Recommendation # in final report: 22

Type of recommendation: Other

Thematic area: Election Day

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Election Day

The slow process of counting postal, absentee and tendered ballots and the central control check and tabulation of data from all PSC results protocols in the MCC in Sarajevo should be accelerated and a shorter deadline for producing the final election results established. In this respect, the law should include a provision that the postal ballots are counted only if they are received by the closing of the polls.

Recommendation # in final report: 25

Type of recommendation: Other

Thematic area: Election Day

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not evaluated

Year of assessment: 2018

Final report heading: Election Day

In line with good practice, the authorities could review the legal requirements for the return of registration deposits so that they are not excessive and based on candidates receiving a reasonable percentage of votes rather than winning a seat.

Recommendation # in final report: 13

Type of recommendation: Priority

Thematic area: Candidate Registration

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Candidate/Party Rights and Registration

Consideration could be given to amend the law to stipulate that a candidate or a party may be deregistered only for serious violations, clearly defined by the law. The law could also explicitly state that voter information should be provided on deregistered candidates so as to enable voters to make an informed choice. In addition, the CEC could regulate how votes for a deregistered candidate could be treated during the counting process.

Recommendation # in final report: 14

Type of recommendation: Priority

Thematic area: Candidate Registration

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Candidate/Party Rights and Registration

Legislation should clearly define what is considered an abuse of state resources for campaign purposes. The access to public and municipal premises by electoral contestants for campaigning should be provided on equitable grounds and with uniform conditions in all municipalities.

Recommendation # in final report: 15

Type of recommendation: Priority

Thematic area: Campaign

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Mostly

Year of assessment: 2022

Final report heading: Campaign

Consideration could be given to requiring all electoral contestants to open dedicated bank accounts for campaign financing, through which all campaign transactions could be made.

Recommendation # in final report: 16

Type of recommendation: Priority

Thematic area: Campaign Finance

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Campaign Finance

To improve transparency and accountability, the law should require that campaign finance reports are made public and audited in a timely manner. Consideration could also be given to requiring electoral contestants to provide preliminary reports before election day to inform voters of the financing of campaigns prior to casting their vote.

Recommendation # in final report: 17

Type of recommendation: Priority

Thematic area: Campaign Finance

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2022

Final report heading: Campaign Finance

The law should provide clear deadlines for the timely adjudication of media-related complaints. In addition, the CRA should act upon its initiative and could be mandated to conduct systematic monitoring of the broadcasters’ election coverage and their compliance with the rules and regulations.

Recommendation # in final report: 20

Type of recommendation: Priority

Thematic area: Media

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Media

The law should be amended to ensure that complaints are reviewed by the election commissions and the courts in sessions that give both the complainant and the defendant the right to be heard.

Recommendation # in final report: 23

Type of recommendation: Priority

Thematic area: Election Dispute Resolution (EDR)

Secondary thematic area: Legal Framework

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Complaints and Appeals

In order to ensure effective redress, the legal deadlines for adjudication should be respected. In addition, to enhance transparency and accountability, the CEC should publish information on complaints and decisions in a timely manner.

Recommendation # in final report: 24

Type of recommendation: Priority

Thematic area: Election Dispute Resolution (EDR)

Secondary thematic area: Legal Framework

Type of change required: Practice

Status of implementation: Partially

Year of assessment: 2022

Final report heading: Complaints and Appeals

In view of preventing undue limitation of the freedom of expression and ensuring consistent decisions, the definition of prohibited speech in the Election Law should be made more precise. The CEC could adopt further guidance for stakeholders and its own decision making.

Recommendation # in final report: 22

Type of recommendation: Other

Thematic area: Campaign

Secondary thematic area: Media

Type of change required: Legal

Status of implementation: Mostly

Year of assessment: 2024

Final report heading: Complaints and Appeals

To further encourage women’s participation as candidates, consideration could be given to increase the amount of free airtime available for female candidates and the state funding allocated to them.

Recommendation # in final report: 20

Type of recommendation: Other

Thematic area: Participation of Women

Secondary thematic area: Media

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Media

The legally binding December 2009 ECtHR decision must be implemented in order to eliminate the legal provisions that discriminate against citizens on the grounds of ethnicity. Residence-based limitations should be also eliminated and the legislation amended accordingly. All BiH citizens should have the right to stand for any office and to vote on equal terms in accordance with OSCE commitments and international standards for democratic elections.

Recommendation # in final report: 1

Type of recommendation: Priority

Thematic area: Electoral System

Secondary thematic area: Participation of National Minorities

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Voter Rights and Registration

Voters could benefit from various types of voter education programs, including: a. broader aspects of the voting process (in addition to how to mark different ballots), including sensitizing voters to issues such as family and group voting, b. those directed particularly at minority voters. Development and implementation of such programs should be done in close co-operation with relevant minority civic organizations, considering the conditions of specific communities, such as (functional) illiteracy, level of education and linguistic needs, c. on out-of-country voting provisions, including outreach programs to better implement legal provisions through which refugees could register to vote for the first time.

Recommendation # in final report: 14

Type of recommendation: Other

Thematic area: Election Administration

Secondary thematic area: Participation of National Minorities

Type of change required: Practice

Status of implementation: Not implemented

Year of assessment: 2018

Final report heading: Voter Education

In line with ECtHR judgments and previous OSCE/ODIHR recommendations, ethnicity and residency-based limitations on the right to vote and to stand as a candidate should be removed from the law.

Recommendation # in final report: 1

Type of recommendation: Priority

Thematic area: Legal Framework

Secondary thematic area: Participation of National Minorities

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2022

Final report heading: Legal Framework and Electoral System

The state, entity and local-level authorities should make more efforts to ensure IDPs participation by maintaining accurate data. Consideration could be given to reviewing existing co-operation mechanisms between the CEC, the Ministry of Civil Affairs, and the Ministry of Human Rights and Refugees.

Recommendation # in final report: 12

Type of recommendation: Priority

Thematic area: Voter Registration

Secondary thematic area: Participation of National Minorities

Type of change required: Practice

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Voter Rights and Registration

A gender quota that ensures parity of male and female candidates on candidate lists should be considered, and dissuasive sanctions for not complying with the quota should be applied. Political parties should facilitate women’s political advancement, increase visibility of female candidates during electoral campaigns, and integrate gender issues into their platforms. To encourage this, consideration could be given to increases in state funding for parties that promote gender equality, additional free access to public media for women candidates, and annual party subsidies to fund women’s wings of political parties.

Recommendation # in final report: 16

Type of recommendation: Other

Thematic area: Candidate Registration

Secondary thematic area: Participation of Women

Type of change required: Legal

Status of implementation: Partially

Year of assessment: 2024

Final report heading: Candidate Registration

To ensure equal suffrage in accordance with international standards, restrictions to the right to vote based on intellectual or psychosocial disability should be abolished.

Recommendation # in final report: 13

Type of recommendation: Other

Thematic area: Participation of Persons with Disabilities

Secondary thematic area: Voter Registration

Type of change required: Legal

Status of implementation: Not implemented

Year of assessment: 2024

Final report heading: Voter Registration

To ensure equal suffrage in accordance with international standards, restrictions to the right to vote based on intellectual or psychosocial disability should be reviewed.

Recommendation # in final report: 2

Type of recommendation: Priority

Thematic area: Participation of Persons with Disabilities

Secondary thematic area: Voter Registration

Type of change required: Legal

Status of implementation: Not evaluated

Final report heading: Voter Registration

Resolute measures should be taken by relevant authorities to solve the remaining cases of lack of personal IDs among the Roma population and to prevent the emergence of new cases by removing administrative obstacles (e.g., waiving fees applicable for obtaining documents and introducing unlimited validity for birth certificates) so that the Roma population can exercise their right to vote.

Recommendation # in final report: 20

Type of recommendation: Other

Thematic area: Participation of National Minorities

Secondary thematic area: Voter Registration

Type of change required: Practice

Status of implementation: Mostly

Year of assessment: 2018

Final report heading: Participation of National Minorities

The election administration should consider additional safeguards to enhance confidence in postal voting and to protect the integrity of the process. This could include requiring the use of registered mail or hand-delivery of ballots to voters.

Recommendation # in final report: 11

Type of recommendation: Priority

Thematic area: Election Administration

Secondary thematic area: Voter Registration

Type of change required: Sub-legal

Status of implementation: Fully

Year of assessment: 2022

Final report heading: Voter Rights and Registration

OSCE/ODIHR Electoral Recommendations Database

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