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Observation of the Parliamentary Elections in the Republic of Montenegro (10 September 2006)

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Observation of the Parliamentary Elections in the Republic of Montenegro (10 September 2006) Parliamentary Assembly Assemblée parlementaire Doc. 11037 2 October 2006 Observation of the Parliamentary elections in the Republic of Montenegro (10 September 2006) Report Ad hoc Committee of the Bureau of the Assembly Rapporteur: Mr Jean-Charles Gardetto (Monaco, Group of the European People’s Party) The parliamentary elections held in Montenegro on 10 September 2006 were largely conducted in accordance with the standards of the Council of Europe, and with the other international standards for democratic elections. They confirmed Montenegro's commitment to democracy and the principles of the Council of Europe, of which Montenegro hopes very soon to become a member. However, stable election law is a key aspect of any democratic electoral process. Recent changes to the law, after the elections had been called, are therefore regrettable. Furthermore, the newly elected parliament will have to deal with the recurrent shortcomings of the Election Law. I. Introduction 1. Mr Ranko Krivokapic, President of the Parliament of Montenegro, in his letter of 22 June 2006, invited the Parliamentary Assembly to observe the parliamentary elections in his country, the date of which was to be set subsequently. At its meeting of 30 June 2006, the Bureau of the Assembly set up an ad hoc Committee to observe these elections. On 11 July, the President of Montenegro decided to hold the parliamentary elections on 10 September 2006. After this date had been communicated to the Bureau of the Assembly, at its meeting of 6 September 2006, approved the membership of the ad hoc Committee, and I was appointed to chair that committee. 2. Following proposals by the Assembly’s political groups, the ad hoc Committee was composed as follows: Socialist Group (SOC) Mr Kastriot ISLAMI Albania Group of the European People’s Party (EPP/CD) Mr Aleksander BIBERAJ Albania Mr Jean-Charles GARDETTO Monaco Mr Oskars KASTĒNS Latvia ________________________ F – 67075 Strasbourg Cedex, tel: +33 3 88 41 20 00, fax: +33 3 88 41 27 76, http://assembly.coe.int, e-mail: [email protected] Doc. 11037 Alliance of Liberals and Democrats for Europe (ALDE) Mr Bernard MARQUET Monaco European Democratic Group (EDG) Mr Ruhi AÇIKGÖZ Turkey Mr Toomas ALATALU Estonia Mr Emmanuel ZINGERIS Lithuania Mrs Ewa TOMASZEWSKA Poland Venice Commission Mr Peter PACZOLAY, Hungary Mr Gaël MARTIN-MICALLEF, administrator Secretariat Mr Bas KLEIN, Deputy to the head of the secretariat of the interparliamentary co-operation and election observation unit Mr Chemavon CHAHBAZIAN, Administrator 3. The ad hoc Committee operated within the framework of the International Election Observation Mission (IEOM), which was also made up of the election observation missions of the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe (OSCE PA) and of the OSCE’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR). 4. The ad hoc Committee met in Podgorica from 8 to 12 September 2006 and held, inter alia, meetings with representatives of all political parties and the coalitions taking part in the elections, the President of the Republican Election Commission (REC), the head of the OSCE/ODIHR election observation mission, as well as representatives of the NGOs widely present as domestic observers and representatives of the media. Under the ad hoc Committee's work programme, the head of the PACE delegation had discussions with Mr Filip Vujanovic, President of Montenegro, Mr Ranko Krivokapic, President of the Parliament of Montenegro, Mr Milo Djukanovic, Prime Minister of Montenegro, Mr Miodrag Vlahovic, Minister for Foreign Affairs of Montenegro, Mr Ratko Vukotich, President of the Supreme Court of Montenegro, and Mr Mladen Vukcevic, President of the Constitutional Court of Montenegro. The programme of the ad hoc Committee's meetings is at Appendix 1. 5. On election day, the ad hoc Committee was divided into seven teams and observed the elections in the capital, Podgorica, and in the various regions of Montenegro. 6. The IEOM concluded that the parliamentary elections held in Montenegro on 10 September 2006 were generally conducted in accordance with OSCE commitments and Council of Europe standards for democratic elections. A number of recurrent problems nevertheless remained to be dealt with, especially in connection with the Election Law and its implementation. Stable election law is a key aspect of any democratic electoral process. Recent changes to the law, after the elections had been called, were therefore regrettable. The joint declaration is in Appendix 2. 7. The ad hoc Committee wishes to thank the OSCE/ODIHR election observation mission and the head and staff of the Council of Europe office in Podgorica for their co-operation and for the support they gave to the ad hoc Committee. 2 Doc. 11037 II. Legal and political context 8. On 11 July 2006, Mr Filip Vujanovic, President of the Republic of Montenegro, having consulted the main political parties, signed the decree on the holding of parliamentary elections on 10 September 2006 (Article 88 of the Constitution of Montenegro). 9. The representatives of the opposition political parties complained that, consultations with them notwithstanding, their views concerning the date of the elections had not been taken into consideration. They said that the election campaign was very short and coincided with the summer holiday period. 10. From the legal viewpoint, the spirit of the Election Law had been respected. Article 14 of the law states that no fewer than 60 and no more than 100 days are to elapse between the date on which the decision to call elections is taken and the date of the ballot. The period between 11 July and 10 September was 61 days. However, the brevity of this period affected political parties’ opportunity to conduct an appropriate election campaign and to mobilise their activists, as it was summertime. 11. Furthermore, the parliamentary elections of 10 September in Montenegro took place only 100 days after the referendum on the country's independence, and the election campaign may be regarded as having taken place in the post-referendum period. In this period a restructuring of the political spectrum took place, mostly among the parties that had been in favour of the Union with Serbia. 12. Twelve party and coalition lists were registered to contest the 81 seats in the Montenegro Parliament: the DPS/SDP Coalition for a European Montenegro, the Alliance of Communists of Yugoslavia and Communists of Montenegro, the Serb List, the Coalition of the Democratic League of Montenegro, the Democratic Party of Montenegro, the Albanian Alternative, the SNP/NS/DSS coalition, the New Democratic Power – Forca, the PL/PB coalition, the Movement for Change (PzP), the Democratic Union of Albanians and the Civic List. 13. Legislative authority in the Republic of Montenegro is vested in a single-chamber parliament elected for a four-year term. The law states that one member of parliament is to be elected to represent every 6,000 voters (Article 3). 747 candidates were registered on the twelve election lists to contest the 81 seats, of which 76 are allocated on the basis of the results from all polling stations in Montenegro. The other five are allocated on the basis of the results from the 70 polling stations in areas where voters from the Albanian minority live. In order to be eligible for one of the 76 seats, a candidate must obtain at least 3% of all the votes. The same threshold applies to the five seats allocated at the 70 polling stations specially designated for the Albanian minority. 14. Parliament amended the Election Law on 28 July 2006, which was 17 days after the elections had been called by the President of Montenegro, and a very short time before the elections themselves. According to widely accepted international practice, the body of election legislation should not be amended once elections have been called, unless these amendments clarify existing provisions and are broadly accepted by the majority of parties. The amendments to the Election Law made on 28 July 2006 manifestly failed to fit these criteria, and the ad hoc Committee regrets that they were adopted. 15. The amendments of 28 July 2006 related to the following points: restrictions on freedom of expression, conflicting with Council of Europe standards; prohibition of speech that is offensive, slanderous or in breach of the principles of decency (an amendment worded too loosely and therefore likely to entail restrictions on freedom of expression); an increase from 7 to 10 days in the length of time during which opinion polls relating to election results may not be published, coupled with prohibition of the publication of preliminary or estimated results in the first three hours after the polls close. The Constitutional Court ruled on 1 September that this last-mentioned provision was unconstitutional. 16. On 28 June 2006, the Constitutional Court also ruled unconstitutional the method of distribution of the public election campaign funds allocated to the lists taking part in the elections, on the grounds that it gave an advantage to the parties already represented in parliament. The original distribution method limited candidates' resources, an effect aggravated by the government’s announcement in July that campaign funds from the state budget would not be made available to the political parties. 3 Doc. 11037 17. However, the Minister of Finance subsequently announced that a total of € 205,000 would be divided equally between the twelve lists. This decision is in accordance with the provisions of the law on the financing of political parties, which states that 10% of the funds allocated for campaigns should be equally shared out. There remains a doubt, however, as to the funds which would be available after the elections. Although the amount distributed slightly increased the competing lists' financial resources, the statutory limit on the expenditure of private campaign funds to 40% of the public fund may have hindered the campaigning of the participating lists which confined their expenditure to the limits laid down by law.
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