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Office for Democratic Institutions and Human Rights THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA MUNICIPAL ELECTIONS 15 October and 29 October 2017 OSCE/ODIHR Election Observation Mission Final Report Warsaw 19 January 2018 TABLE OF CONTENTS I. EXECUTIVE SUMMARY ................................................................................................................... 1 II. INTRODUCTION AND ACKNOWLEDGMENTS .......................................................................... 3 III. BACKGROUND AND POLITICAL CONTEXT .............................................................................. 4 IV. ELECTORAL SYSTEM AND LEGAL FRAMEWORK .................................................................. 4 V. ELECTION ADMINISTRATION ....................................................................................................... 6 VI. VOTER REGISTRATION ................................................................................................................... 8 VII. CANDIDATE REGISTRATION ....................................................................................................... 10 VIII. CAMPAIGN ENVIRONMENT ......................................................................................................... 11 IX. CAMPAIGN FINANCE ...................................................................................................................... 15 X. MEDIA AND ELECTIONS ................................................................................................................ 17 A. MEDIA ENVIRONMENT ....................................................................................................................... 17 B. LEGAL FRAMEWORK .......................................................................................................................... 18 C. THE OSCE/ODIHR MEDIA MONITORING FINDINGS ......................................................................... 18 XI. COMPLAINTS AND APPEALS ....................................................................................................... 20 XII. CITIZEN AND INTERNATIONAL OBSERVERS......................................................................... 22 XIII. PARTICIPATION OF NATIONAL MINORITIES ........................................................................ 23 XIV. ELECTION DAY (FIRST ROUND).................................................................................................. 23 A. OPENING AND VOTING ....................................................................................................................... 24 B. COUNTING AND TABULATION ............................................................................................................ 24 XV. ELECTION DAY (SECOND ROUND) ............................................................................................. 25 A. OPENING AND VOTING ....................................................................................................................... 26 B. COUNTING AND TABULATION ............................................................................................................ 26 XVI. POST-ELECTION DAY DEVELOPMENTS .................................................................................. 27 A. POLITICAL DEVELOPMENTS ............................................................................................................... 27 B. COMPLAINTS AND APPEALS ............................................................................................................... 27 XVII. RECOMMENDATIONS ................................................................................................................... 29 A. PRIORITY RECOMMENDATIONS .......................................................................................................... 30 B. OTHER RECOMMENDATIONS .............................................................................................................. 30 ANNEX I: ELECTION RESULTS .............................................................................................................. 34 ANNEX II: LIST OF OBSERVERS IN THE INTERNATIONAL ELECTION OBSERVATION MISSION ........................................................................................................................................................ 40 ABOUT THE OSCE/ODIHR ....................................................................................................................... 46 THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA MUNICIPAL ELECTIONS 15 October and 29 October 2017 OSCE/ODIHR Election Observation Mission Final Report1 I. EXECUTIVE SUMMARY Following an invitation from the Ministry of Foreign Affairs to observe the 15 October 2017 municipal elections, the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) deployed an Election Observation Mission (EOM) on 13 September. The mission remained in the country to follow the second round on 29 October. The OSCE/ODIHR EOM assessed compliance of the elections with OSCE commitments, other international obligations and standards for democratic elections and national legislation. For the first round on 15 October, the OSCE/ODIHR EOM was joined by a delegation from the Congress of Local and Regional Authorities of the Council of Europe to form an International Election Observation Mission (IEOM). Each institution involved in this IEOM has endorsed the 2005 Declaration of Principles for International Election Observation. The statement of Preliminary Findings and Conclusions issued by the IEOM after the first round concluded that municipal elections “contributed to strengthening confidence in the democratic process. Elections were held in a competitive environment with candidates generally able to campaign without restriction and fundamental freedoms were overall respected. However, credible allegations of vote-buying, pressure on voters and isolated cases of violence occurred during the pre-election period. Overall, monitored media provided unbiased coverage of contestants and facilitated the opportunity for political debate. Despite organizational challenges, the election administration ensured that voters were able to exercise their voting rights”. The statement of Preliminary Findings and Conclusions issued by the OSCE/ODIHR EOM after the second round concluded that “mayoral elections were competitive and the respect for fundamental freedoms contributed towards the conduct of democratic elections. The campaign was short and subdued, with parties vying for support from beyond their traditional base though occasionally using aggressive rhetoric. Isolated cases of misuse of administrative resources and vote-buying were reported. Media continued providing balanced coverage of contestants, but this was overshadowed by negative campaigning spots. Election day was overall professionally managed, although the performance of polling staff during counting could have been enhanced”. The legal framework guarantees fundamental rights and freedoms and generally forms a sound basis for the conduct of democratic elections. While amendments to the Electoral Code (EC) in recent years addressed a number of prior OSCE/ODIHR and Council of Europe recommendations, shortcomings remain, including undue restrictions on independent candidate registration, limited rights for legal redress and insufficient provisions for second rounds. In addition, a late revision of the EC relating to the SEC’s composition challenged the stability of the electoral process, at odds with international good practice. The SEC was able to administer both rounds of the elections, yet it functioned along political lines. Its internal controversies resulted in missed deadlines and some of its decisions were in contradiction with the legislation. The SEC did not adequately plan for the second round, failed to implement a comprehensive voter education programme and, overall, lacked genuine transparency. Generally, mid- level commissions effectively performed their duties and some took additional measures to enhance 1 The English version of this report is the only official document. An unofficial translation is available in Macedonian and Albanian. The former Yugoslav Republic of Macedonia Page: 2 Municipal Elections, 15 October and 29 October 2017 OSCE/ODIHR Election Observation Mission Final Report transparency and stakeholders’ trust in the administration of the elections. Positively, some steps to facilitate voting rights for persons with disabilities were introduced. Some 1.8 million voters were registered for the elections. During online and in-person verification, only a small number of changes were requested, signalling growing confidence in the accuracy of the list. However, voters whose identification documents (IDs) expired or were to expire before the elections were excluded from the list, and thus effectively disenfranchised. This also applied to prisoners who were not able to update their IDs. In addition, the law does not provide for updating the lists between the rounds, hence voters who turned 18 during this period were not able to exercise their voting rights. The law also restricts suffrage rights for persons declared legally incompetent due to a disability, contrary to international obligations. Following an inclusive registration process, 19 political parties and coalitions and 65 groups of voters fielded a total of 258 mayoral candidates and 370 candidates lists for council elections. Five per cent of candidate lists did not comply with the gender quota