Ad hoc Committee on the observation of parliamentary elections in Serbia and Montenegro (28 December 2003)
Doc. 10045
26 January 2004
Report
Bureau of the Assembly
Rapporteur: Mr Murat Mercan, Turkey, Group of the European People’s Party
Introduction
1. At its meeting on 25 November 2003, the Bureau of the Assembly decided to set up a five-member ad hoc committee to observe the parliamentary elections in Serbia and Montenegro, following the decision taken by the President of the Parliament, to call early parliamentary elections, three days before the aborted attempt to elect a President of the Republic. The parliamentary elections were held one year before the expiry of the term of office of the parliament elected on 23 December 2000, following the fall of the Slobodan Milosevic regime.
2. On 10 December 2003, the Bureau of the Assembly appointed Mr Murat Mercan, Chair and Rapporteur of this ad hoc committee.
3. The committee joined the international Election Observation Mission (EOM) composed of the election observation mission of the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR), members of the Parliamentary Assembly of the OSCE and a delegation from the Council of Europe’s Congress of Local and Regional Authorities.
4. Following nominations by the Assembly’s political groups, the ad hoc committee was composed as follows:
Mr Murat MERCAN (EPP/CD,
Turkey)
Mr Kimmo SASI (EPP/CD, Finland)
Mr Andreas GROSS (SOC, Switzerland)
Mr Jonas CEKUOLIS (LDR, Lithuania)
Mr Ignasi GUARDANS (LDR, Spain).
5. The ad hoc committee was assisted by Ms Agn�s Nollinger and Ms Yoni Stojanova.
6. The ad hoc committee met in Belgrade from 26 to 30 December, with Mr Murat Mercan in the chair.
7. The members of the ad hoc committee held several meetings with the Head of the OSCE/ODIHR observation mission, ambassadors, the President and Secretary of the Electoral Commission of the Republic, representatives of the political parties and the Minister for Foreign Affairs. Details of the ad hoc committee’s programme may be found in Appendix 1.
8. On election day the committee split up into 3 teams to observe the voting and vote counting in Belgrade and its region. The joint press release of the observation mission and the joint press release with the Congress of Local and Regional Authorities of Europe are attached as Appendices 2 and 3.
9. The ad hoc committee enjoyed the support of the OSCE/ODIHR Serbia observation mission and thanks particularly Mr Jorgen Grunnet, special representative of the Secretary General of the Council of Europe in Serbia, for his assistance.
I. Political and legal context
10. The Constitution of Serbia, as adopted on 28 March 1990, instituted a single-chamber National Assembly of 250 members elected for four years.
11. Any citizen of Serbia and Montenegro who has a permanent place of residence in Serbia and has registered with the police may stand for election. The Members of Parliament are elected by proportional representation in a single constituency covering the whole territory of the Republic of Serbia. These elections were conducted on the basis of the electoral law adopted by the National Assembly of Serbia on 8 October 2000. 19 political parties or coalitions presented candidates, offering Serbian voters a real choice for the first time, as the parties and coalitions concerned represented the whole political spectrum. The 19 formations in the lists break down into 12 political parties, 6 coalitions and 1 group of citizens. In order to win any seats in Parliament, however, a political party or coalition must win at least 5 % of the votes cast, which prevents national minorities from being represented. Seats are then allocated using the d’Hondt system.
12. The members of the ad hoc committee noted that in spite of the recommendations made at the time of the previous parliamentary elections, the electoral law had remained unchanged.
13. It includes provisions, for example, enabling political parties or coalitions to award seats to candidates regardless of their position on the lists. Furthermore, the law provides for elections held on Serbian territory only and automatically excludes large numbers of voters, including people temporarily resident abroad, sick people, people with disabilities, detainees. According to the various people interviewed, this provision could affect approximately one million voters, or 18% of the electorate.
14. The ad hoc committee also stressed the need in future for an intermediate authority between the polling stations and the Electoral Commission of the Republic.
15. However, following a recommendation made by the Electoral Commission of the Republic, an intermediate body was set up at municipal level, in the form of “municipal working groups”.
16. The members of these working groups are appointed by the Electoral Commission of the Republic, based on suggestions made by the co-ordinators appointed by the Electoral Commission for each of the 29 districts. These working groups have a purely technical and logistical role, but they may also propose candidates for the composition of the polling stations, although the final decision lies with the Electoral Commission.
17. The political and legal context of these elections included negative and positive aspects.
18. Among the negative aspects, the members of the ad hoc committee noted a very clear resurgence of nationalism. They also noted considerable interference by the Church in political affairs.
19. Among the positive aspects, the election campaign took place in a calm, level-headed atmosphere, with the broad dissemination of prospectuses and posters. All in all, the representatives of the political parties and the population agree that this was the first election where people voted for something rather than against. There were also noticeably fewer political parties in the fray and a spirit of democracy prevailed.
20. The funding of political parties and the election campaign is governed by a law passed in 1997 which proved ineffective as a basis for the application of proper standards and rules on the matter. In the various interviews it was mentioned that parliament had passed a new law on the funding of political parties that should become effective early in 2004.
21. The members of the ad hoc committee expressed the hope that the new parliament would immediately take the necessary steps for its implementation.
II. Registration of candidates and the electoral roll
22. The law requires political parties, coalitions or citizens’ groups to present a list of 10,000 signatures in order to appear on the list of candidates. 19 political parties and coalitions were registered for these elections; 4 of their lists included the names of people charged with war crimes. Under Serbian law there is no objection to this, as long as the persons concerned have not been found guilty by the courts.
23. In spite of various recommendations and appeals by the international community, the Serbian authorities have not seen fit to amend the law.
24. On 14 December 2003, the Electoral Commission announced that 6,509,921 voters were registered in Serbia.
25. It should be noted that the electoral roll plays a less important part than in the presidential elections, in so far as there is no minimum turnout requirement in parliamentary elections. The fact that there is no national register and that the electoral roll is merely an accumulation of the different municipal registers continues to give rise to criticism. And although the Serbian municipalities have computerised their registration systems, there are marked differences from one municipality to another which complicate data verification.
26. During the different interviews the need was stressed for the new parliament to introduce legal provisions laying down precise rules governing voter registration as soon as possible.
III. The media
27. The large number of media outlets, printed and electronic, gave all the parties a fair opportunity to present their electoral programmes.
28. However, certain political parties complained that the private media refused to grant them air time, even if they paid for it, and that in certain cities air time was not allocated fairly.
Private broadcasters covered the elections in a variety of ways, including debates, giving voters an opportunity to form an opinion based on exchanges of views between the different political parties. The private media nevertheless showed a clear tendency to give more coverage to the leading political parties.
IV. Observation of the voting
29. The voting took place in a calm and peaceful atmosphere, with a relatively high turnout. No major incidents were reported. The teams were given a warm welcome and, as a rule, polling station staff appreciated the presence of foreign observers.
30. In order to avoid double voting, voters’ fingers were sprayed with a special ink that glowed in ultra-violet light.
31. The ad hoc committee nevertheless noted that family voting was practised in certain regions, and that access to certain polling stations was difficult. They also highlighted the makeshift nature of the polling booths, which consisted more often than not of tables on which cardboard boxes had been placed.
32. The ad hoc committee was impressed by the professionalism shown by the polling station officers, particularly during vote counting. They noted that all the process of counting and tabulation was very well conducted, in a very quick manner, allowing the REC to have the results in a rather short time.
V. Conclusion
33. The election campaign took place in a very calm atmosphere and marked the end of the first stage in the transition to democracy.
34. While the elections took place in conformity with international democratic standards and principles, the question remains whether the new government will be able to rise to the expectations of the international community.
VI. Recommendations
35. The members of the ad hoc committee consider that the elections were generally well organised and largely contributed to the process of Serbia’s integration into the European structures.
36. They do feel, however, that there is room for improvement, particularly in the electoral law, where numerous lacunae have yet to be remedied.
37. They also regret that Messrs Slobodan Milosevic, Vojislav Seselj and Nebojasa Pavkovic stood for election while on trial for war crimes before the Hague Tribunal.
38. Although everyone is considered innocent until proven guilty, these people carry a moral and political responsibility for the terrible exactions committed during the war and their deeds have darkened the history of the Balkans. Their standing for election sends out a negative message to the international community and stirs up the ghosts of the past.
39. They also regret the lack of transparency concerning the lists of candidates: the voters do not know which candidates will sit in parliament, as this is left to the political groups to decide.
40. Finally, they deplore the restrictions in the electoral law that prevent large numbers of people from voting.
41. The members of the ad hoc committee therefore recommend that the new parliament take the necessary action as soon as possible to amend the electoral law and, in particular:
-
establish an order in the lists of candidates, so that the selection is not made arbitrarily after the vote;
-
amend the provision prohibiting people who are hospitalised, imprisoned or temporarily outside Serbian territory from voting;
-
make sure that in future people accused of war crimes cannot stand for election.
42. They also recommend that the new parliament take all the necessary steps to implement the law on political party funding.
43. In the light of the above, the ad hoc committee instructs the Monitoring Committee to monitor the action taken on these issues very closely.
APPENDIX I
AD HOC COMMITTEE
ON THE
OBSERVATION OF PARLIAMENTARY ELECTIONS
IN SERBIA AND
MONTENEGRO
(28 December 2003)
Friday 26 December 2003
Arrival of the delegation and departure to Hotel Intercontinental
Ul. Vladimira Popovica 10
11070 NOVI BEOGRAD
(T�l : + 381 11 311 3333 ; + 381 11 311 3339
Fax : + 381 11 311 1208)
16.00 Briefing of Mr Jorgen Grunnet at Hotel Intercontinental
17.00 Meeting with the Ambassadors (Room Mediteran, at Hotel Intercontinental
Saturday 27 December 2003
8.30 Working breakfast for the members of the delegation at Hotel Intercontinental
10.00 Briefing meeting with Mr Nikolai Vulchanov, Head of OSCE/ODIHR Election Observation Mission (Room Egej, Hotel Intercontinental)
10.10 Briefing on the political landscape by Ambassador Maurizio Massari, Head of OSCE Mission
10.25 Briefing on candidates and Campaign with Mr Stefan Krause
10.40 Briefing on the situation of medias by Mrs Mirella Marchese
10.50 Briefing on legislative framework by Mr Hans Birchler
11.00 Information meeting on election day procedures and observation
11.30 Meeting with Mr Radoslav Bacovic and Ms Ljiljana Benac-Santic, Chairman and Secretary of the Republican Election Commission
12.15 Mr Aleksandar Popovic, Vice-President
Democratic Party of Serbia (DSS)
13.00 Mr Milan Pajevic, Vice-President
Ms Zorana Ivankovic
Mr Pavle Jankovic
G17 Plus
14.00 Mr Radoje Prica, Deputy of the Serbia and Montenegro Delegation to PACE
14.45 Lunch break
15.30 Mr Milan Bozic (SPO) and Ms Ljiljana Markovic (NS)
Coalition Serbian Renewal Movement (SPO) – New Serbia (NS)
16.15 Mr Srdan Bogosavljevic
Director of the Strategic Marketing and Media Research Institute
17.45 Ms Jelena Markovic
Coalition Together for Tolerance –Canak, Kasa, Ljajic
18.30 Mr Zoran Lucic
Center for Free Elections and Democracy (CESID)
19.30 Meeting with drivers and interpreters
Sunday 28 December 2003
Observation of the election
Monday 29 December 2003
08.00 Meeting with OSCE PA, CLRAE and PACE
10.30 Meeting with Mr Goran Svilanovic, Minister of Foreign Affairs of Serbia and Montenegro
13.45 Press Conference
APPENDIX II
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Press release
Serbian elections well organized but changes to election law long overdue
BELGRADE, 29 December 2003 – The parliamentary elections on 28 December in Serbia went smoothly and were generally conducted in line with international standards. However, the election law contains serious shortcomings including a key article contradicting OSCE Commitments and Council of Europe standards.
This was the conclusion of the International Election Observation Mission (IEOM) in Belgrade, which published its preliminary findings today, based on the work of some 180 long- and short-term observers.
“These elections were another attempt to consolidate democracy in Serbia and contribute to its further integration into European structures," said Ihor Ostash, Vice-President of the OSCE Parliamentary Assembly and Special Co-ordinator, appointed by the OSCE Chairman-in-Office. “We welcome the relatively high participation and that voters had a genuine choice, as contesting parties and coalitions came from across the political spectrum. However, Parliament should reform the election law as a matter of urgency.”
Murat Mercan, Head of the delegation of the Council of Europe Parliamentary Assembly said: “Three candidate lists are led by indicted war criminals. This sends out a negative message. While formally not in breach of the law, it shows a lack of political responsibility and is a reminder that a number of political parties in Serbia are still caught up in the denounced legacy of the past.”
“A comprehensive review of the election legislation is long overdue," added Nikolai Vulchanov, the Head of the OSCE Office for Democratic Elections and Human Rights (ODIHR) Election Observation Mission. "Transparency needs to be enhanced to allow voters to know which candidates they are voting for, rather than enable parties to name MPs arbitrarily from the candidates’ lists,” The Constitutional Court has ruled that stripping elected representatives of their mandates is in breach of the Constitution. It is a matter of urgency to bring the election law in line with the Constitution and OSCE commitments.”
“It is unfortunate that legal restrictions de facto disenfranchised eligible voters who were homebound, hospitalized, imprisoned or temporally living abroad,” said Guenther Krug, Vice-President of the Council of Europe Congress of Local and Regional Authorities of Europe (CLRAE) and Head of the Delegation.
The IEOM noted that many voters felt they were able to vote for their preferred option, rather than for the party they disliked the least, as has often been the case in previous elections. Campaign rhetoric was generally moderate and media coverage of the campaign largely unbiased. Overall, the election administration worked in an efficient and open manner despite challenges caused by lack of an intermediate level of election administration.
For further information, please contact: Urdur Gunnarsdottir, ODIHR Spokesperson, +48 603 683 122, [email protected], Pentti Vaananen, OSCE PA, +45 33 37 80 40, [email protected], Agnes Nollinger, PA of the Council of Europe, + 33 618 041 236, [email protected] or Vyacheslav Tolkovanov, CLRAE of the Council of Europe, +33 390 214 747, [email protected].
APPENDIX III
Serbia: Well conducted parliamentary elections in a difficult electoral legislation
Belgrade, 29.12.2003 - The delegations of the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, observing the parliamentary elections in Serbia, can today confirm that the elections were carried out in a calm atmosphere and were in general conducted in line with Council of Europe standards.
During the Election Day the observers visited more than 50 polling stations in different parts of Serbia. According to their findings the voting was conducted in a professionally commendable and open manner.
However, a small number of shortcomings were reported, including insufficient arrangements for voting, i.e. privacy for voting and sometimes overcrowded polling stations.
Murat Mercan, head of the PACE Delegation, noted a lack political responsibility on the fact that three candidate lists were led by indicted war criminals. “It is to be hoped that the denounced legacy of the past is abandoned to all intents and purposes” - he added.
The delegations remain very concerned with the fact that the electoral law falls short of international standards regulating the elections.
“These were free and fair elections. However, it is unfortunate that unnecessary legal restrictions disenfranchised eligible voters which were homebound, hospitalized, imprisoned or temporarily leaving abroad” G�nther Krug, Congress’ Vice-president and head of the Delegation was quoted as saying.
The Council of Europe will follow the post-election developments and assist Serbia to integrate into the wider European community.
Further information, please contact:
Agn�s Nollinger, principal administrator (PACE), tel. +33 6 18041236;
E-mail: [email protected]
Vyacheslav Tolkovanov, administrator, Congress Secretariat, tel. + 33 3 90214747;
E-mail: [email protected]
APPENDIX IV
SERBIA ELECTIONS
FINAL RESULTS
ELECTION TURNOUT - 3.687.418 VOTES = 58.71%
Invalid votes 48 055 = 1.3%
SERBIAN RADICAL PARTY (SRS) – 81 seats – Vojislav Seselj (at the ICTY)
DEMOCRATIC PARTY OF SERBIA (DSS) – 53 seats – Vojislav Kostunica
DEMOCRATIC PARTY (DS) – 37 seats – Boris Tadic
G17 Plus – 34 seats – G17 Plus – Miroljub Labus
SERBIAN RENEWAL MOVEMENT - NEW SERBIA (SPO) – 23 seats – Vuk Draskovic – Velimir Ilic
SOCIALIST PARTY OF SERBIA (SPS) – 22 seats – Slobodan Miloseciv (at the ICTY)
TOGETHER FOR TOLERANCE – 4.28%
DEMOCRATIC ALTERNATIVE – 2.03%
COALITION FOR NATIONAL UNITY – 1.8%
OTPOR – 1.65%
INDEPENDENT SERBIA – 1.18%