Election observation report | Doc. 13517 | 26 May 2014
Observation of the presidential election (13 and 27 April 2014) and of the early parliamentary elections (27 April 2014) in “the former Yugoslav Republic of Macedonia”
1. Introduction
2. Background
3. Legal framework
4. Electoral administration, voters lists and registration of candidates
5. Election campaign and media environment
6. Election day
7. Conclusions
Appendix 1 – Composition of the ad hoc committee
(open)Based on proposals by the political groups of the Assembly, the ad hoc committee was composed as follows:
- Stefan SCHENNACH* (Austria, SOC), Head of the delegation
- Socialist Group (SOC)
- Andreas GROSS,** Switzerland
- Luc RECORDON,** Switzerland
- Deniza KARADJOVA,** Bulgaria
- Melita MULIĆ,*** Croatia
- Deniz BAYKAL,*** Turkey
- Ingrid ANTIČEVIĆ MARINOVIĆ,*** Croatia
- Group of the European People’s Party (EPP/CD)
- Werner AMON,** Austria
- Şaban DİŞLİ,* Turkey
- Alliance of Liberals and Democrats for Europe (ALDE)
- André BUGNON, Switzerland
- Margus HANSON,* Estonia
- Chiora TAKTAKISHVILI,*** Georgia
- European Democrat Group (EDG)
- Reha DENEMEÇ, Turkey
- Sir Roger GALE,** United Kingdom
- Group of the Unified European Left (UEL)
- Andrej HUNKO,*** Germany
- Rapporteur of the Monitoring Committee (ex officio)
- Robert WALTER,* United Kingdom
- Venice Commission
- Owen MASTERS, expert
- Secretariat
- Bogdan TORCĂTORIU, Administrative Officer, Interparliamentary Co-operation and Election Observation Division, secretariat of the Parliamentary Assembly
- Ivi-Triin ODRATS,*** Administrative Officer, secretariat of the Parliamentary Assembly
- Gaël MARTIN-MICALLEF, Secretariat of the Venice Commission
- Franck DAESCHLER,* Principal Administrative Assistant, Interparliamentary Co-operation and Election Observation Division
- Anne GODFREY,** Assistant, Interparliamentary Co-operation and Election Observation Division
__________
* members of the pre-electoral delegation (11-12 March 2014)
** participation on 11-14 April only
*** participation on 25-28 April only
Appendix 2 – Programme of the pre-electoral mission
(open)Tuesday, 11 March 2014
08:15-09:00 Meeting with Mr Gjorge Ivanov, President of the Republic
09:30-10:00 Delegation meeting
10:15-11:00 Meeting with Ambassador Geert-Hinrich Ahrens, Head of the OSCE/ODIHR Election Observation Mission, Mr Don Bisson, Deputy Head of Mission, and Ms Tamara Otiashvili, Election adviser
11:00-11:50 Meeting with representatives of civil society:
- Human Rights Institute: Ms Margarita Tsatsa Nikolovska, President, former judge at the European Court of Human Rights
- Most: Mr Zlatko Dimitrioski, Political Analyst
- Civil Center for Freedom: Mr Xhabir Deralla, Director
- Center for Institutional Development: Mr Zoran Bogdanovski, Institutional Development Manager
- Helsinki Committee: Ms Neda Calovska, Legal Adviser
- Foundation Metamorphosis: Mr Zoran Stojanovski, Programme Coordinator
- Macedonian Center for International Co-operation MCMS : Mr Aleksandar Krzalovski, First Executive Director
12:00-12:30 Meeting with Mr Trajko Veljanovski, President of the Assembly
12:40-13:15 Meeting with representatives of the media (part 1):
13:15-13:50 Meeting with representatives of the media (part 2):
- Association of Journalists of Macedonia (ZNM): Mr Dragan Sekulovski, Executive Director
- Trade Union of Journalists: Ms Tamara Causidis, President
- Macedonian Institute for Media (MIM): Ms Biljana Petkovska, Director
- Media Development Center: Mr Dejan Georgievski, President
14:30-16:00 Meeting with members of the diplomatic corps and representatives of international organisations present in Skopje:
- Mr Thomas Michael Baier, Ambassador of Austria
- Mr Halil Gürol Sökmensüer, Ambassador of Turkey
- Mr Christopher Yvon, Ambassador of the United Kingdom
- Mr Ralf Breth, Head of the OSCE mission
- Mr Aivo Orav, Head of the Delegation of the European Union
16:35-18:30 Individual meetings with presidential candidates:
- Mr Zoran Popovski, GROM
- Mr Iliaz Halimi, DPA
- Stevo Pendarovski, SDSM
Wednesday, 12 March 2014
09:30-10:30 Meeting with members of the delegation of “the former Yugoslav Republic of Macedonia” to the Parliamentary Assembly:
10:40-11:40 Meeting with Mr Nikola Rilkoski, Chairperson of the State Election Commission
- Mr Aleksandar Nikoloski, Head of the delegation
- Mr Igor Ivanovski
- Mr Aleksandar Spasenovski
- Ms Sonja Mirakovska
11:50-12:20 Meeting with Ms Gordana Jankulovska, Minister of the Interior
12:30-13:00 Meeting with Mr Ivo Ivanovski, Minister of Information Society and Administration
13:10-13:40 Meeting with Mr Milaim Fetai, Vice-President of the Agency for Audio and Audiovisual Media Services, and Ms Adriana Skerlev-Cakar, Head of Department
15:05-15:35 Meeting with Mr Naser Adimi, Deputy Auditor General, State Audit Office
15:45-16:15 Meeting with Mr Gjorgi Slamkov, President of the State Commission for Preventing Corruption
18:00-18:30 Press conference
Appendix 3 – Press release of the pre-electoral mission for the observation of the presidential election
(open)PACE delegation hopes that the presidential election will represent a smooth process, despite the strong polarisation of public life along political and ethnic lines
Strasbourg, 12.03.2014 – The intention of the authorities of “the former Yugoslav Republic of Macedonia” to organise, on 13 April 2014, its fifth presidential election since independence has been welcomed by a delegation of the Parliamentary Assembly of the Council of Europe (PACE) visiting the country to assess the pre-electoral climate.
The delegation, led by Stefan Schennach (Austria, SOC), welcomed the fact that the Electoral Code has been improved since the last election. However, following its discussion with various interlocutors, it considers it necessary to underline the importance of implementing all provisions of the new Electoral Code in good faith.
The delegation feels that the decision of the largest Albanian party, which is also part of the ruling coalition, to try to make the presidential election fail is not a constructive one and is at odds with the rules of democracy.
The country will hold early parliamentary elections on the same day as the expected second round of the presidential election, on 27 April 2014. This appears to cause a series of organisational problems, which, hopefully, will not negatively affect the two parallel electoral processes.
The delegation regretted the obvious polarisation of the media, which appears to be more a tool for propaganda than a means to disseminate information to the public. It stressed that, in particular during the electoral campaign, media must be in a position to deliver objective information to the public, so that citizens can make an informed choice on election day.
In fact, the delegation was informed by the highest authorities themselves about a general lack of trust both in the media and in the judicial system. It hopes that no effort will be spared during the electoral process to restore this trust, which is essential in any democracy.
The delegation expressed concerns about various issues raised by its interlocutors, such as the alleged growth of pressure on the media, unclear differentiation between the state and the governing parties which has allegedly led to the extensive use of administrative resources during the electoral campaign, and financing of the campaign.
It fully understood that some of these issues cannot be dealt with in the short time left before election day, but hoped that those which can still be addressed, such as providing in time biometric identity cards to all voters, will indeed be addressed.
The delegation was also informed about a certain lack of trust in the quality of the voters list, as the number of voters was considered by some interlocutors as being abnormally high. It thinks that the responsibilities for compiling on accurate voters list should be better defined between the institutions involved.
The delegation expressed the hope that, despite the strong polarisation of public life along political and ethnic lines, the electoral campaign will be a smooth one without any deviations towards nationalistic and ethnocentric paths, and will focus on debating concrete political programmes.
The PACE pre-electoral delegation was in Skopje at the invitation of the President of the Assembly. It met with the presidential candidates, including the incumbent President, with the President of the Assembly, with members of the delegation to PACE, with the Chairman of the State Election Commission, the Minister of the Interior, the Minister of Information Society and Administration, the Vice President of the Agency for Audio and Audiovisual Media Services, the Deputy Auditor General, the President of the State Commission for Preventing Corruption, with representatives of the civil society and of the media, with the Head of the OSCE/ODIHR election observation mission and with diplomats and representatives of international organisations present in Skopje.
A full 21-member delegation from the Parliamentary Assembly of the Council of Europe will arrive in Skopje prior to the presidential election to observe the vote.
Appendix 4 – Programme of the presidential election observation mission (first round, 13 April 2014)
(open)Friday, 11 April 2014
09:30-10:00 Meeting of the ad hoc committee:
10:00-11:00 Briefing by the OSCE/ODIHR Election Observation Mission (part 1):
- Opening and briefing on the pre-electoral mission by Mr Stefan Schennach, Head of Delegation
- Briefing by members of the pre-electoral mission
- Briefing by Mr Robert Walter, rapporteur of the Monitoring Committee
- Briefing on election legislation, by Mr Owen Masters, Expert, Venice Commission
- Practical and logistical arrangements, Secretariat
11:00-11:30 Meeting with representatives of international organisations present in Skopje:
11:30-12:30 Meeting with representatives of civil society
- Ambassador Ralf Breth, Head of the OSCE mission
- Mr Aivo Orav, Head of the Delegation of the European Union
14:30-15:15 Meeting with representatives of the media (part 1):
15:15-16:00 Meeting with representatives of the media (part 2)
- Association of Journalists of Macedonia (ZNM): Mr Dragan Sekulovski, Executive Director and Mr Naser Selmani
- Trade Union of Journalists: Mr Vlado Apostolov
- Media Development Center: Mr Dejan Georgievski, President
16:00-16:30 Meeting with Mr Nikola Rilkoski, Chairperson of the State Election Commission
16:30-17:00 Meeting with Ms Gordana Jankulovska, Minister of the Interior
17:00-17:30 Meeting with Mr Zoran Trajchevski, President of the Agency for Audio and Audiovisual Media Services
17:30-18:00 Meeting with Mr Gjorgi Slamkov, President of the State Commission for Preventing Corruption
Saturday, 12 April 2014
09:30-11:00 Individual meetings with presidential candidates:
– Mr Zoran Popovski, GROM
– Mr Iliaz Halimi, DPA
– Mr Jovan Despotovksi, International Secretary, representing Mr Stevo Pendarovski, SDSM
11:00-13:00 Meetings with leaders of the main political parties (to discuss issues linked to the early parliamentary elections of 27 April)
13:00-13:30 Meeting with Mr Gjorge Ivanov, VMRO-DPMNE, incumbent President of the Republic
- VMRO-DPMNE: Mr Nikola Todorov, Minister of Health and Head of Electoral Office, Ms Biljana Briškovksa, Deputy Minister of Justice
- DUI: Mr Abdulakiu Ademi, Minister of the Environment, Head of Electoral Office
- SDSM: Mr Damjan Manchevski, Vice-President
- DPA: Mr Imer Aliu, MP
13:30-14:00 Briefing by the OSCE/ODIHR Election Observation Mission (part 2):
13h45 Meeting with interpreters and drivers
- Mr Don Bisson, Deputy Head of Mission
- Mr Ovidiu Craiu, Election Analyst
- Mr Anders Eriksson, Statistics Expert
Sunday, 13 April 2014
Election day: observation of the opening, voting, closing and tabulation.
Monday, 14 April 2014
08:30-09:30 Delegation meeting (debriefing)
13:30 Joint press conference
Appendix 5 – Press release on the observation of the presidential election (first round, 13 April 2014)
(open)Presidential candidates able to campaign freely and fundamental freedoms respected, but campaign playing field not level, international observers say in Skopje
Strasbourg, 14.04.2014 – Fundamental freedoms were respected and candidates were able to campaign freely in the efficiently-administered 13 April 2014 presidential election in “the former Yugoslav Republic of Macedonia”, although biased and unbalanced media coverage and a blurring of state and party activities created an unbalanced playing field, international observers said in a statement issued today.
“The campaign was active and the candidates engaged in a vigorous schedule of rallies, however, the playing field was not level,” said Ambassador Geert-Hinrich Ahrens, Head of the election observation mission from the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR). “This is one of the issues we will continue to look at by observing the campaign and the media coverage in the lead-up to the early parliamentary elections and the second round of the presidential vote in two weeks, for which we will also be joined by 160 short-term observers.”
In general, the State Electoral Commission (SEC) functioned efficiently and most of its sessions were open to observers and the media, although tensions were evident when particular members made political statements or when voting on politically contentious issues followed party lines. In addition, the SEC failed to communicate effectively with the Municipal Election Commissions, causing some confusion regarding procedures.
Despite the large number of media outlets, many stakeholders with whom the observers met alleged there is indirect control over the media by the ruling party, through the government’s dominance in the advertising market. There was a lack of political analysis and independent reporting, and the public broadcaster failed to provide balanced coverage.
The incumbent enjoyed a significant advantage in resources and predominance in paid advertising. The government’s clear support during the campaign did not fully respect the separation of party and the state.
“The conduct of the campaign divided society along ethnic lines, and the call by one ethnic-Albanian party on members of this community not to vote is a matter of concern,” said Stefan Schennach, Head of the delegation from the Parliamentary Assembly of the Council of Europe (PACE). “We also saw instances of organised voting, as well as some small procedural irregularities. These issues cast a shadow over what was largely a well-conducted process on election day.”
Four candidates were registered and the campaign was active. Although the tone of campaigning was mostly moderate, negative rhetoric was heard increasingly from the governing and main opposition parties as the campaign progressed. There was a stream of strong negative allegations within the ethnic-Albanian bloc, as well as an appeal not to vote made by one party to ethnic Albanians.
All four candidates were men. While gender-representation criteria were respected in election-administration bodies, gender issues were not addressed in candidates’ programmes.
Recent amendments to the Electoral Code addressed some recommendations from prior OSCE/ODIHR election reports. Although their introduction less than a year before this election went against good practice, they enjoyed cross-party support and were passed following public consultations. A number of inconsistencies and issues of concern remain, however. The 40 per cent turnout requirement in the second round of the presidential contest could lead to cycles of failed elections, and the lengthy residency requirement for candidates contradicts OSCE commitments and Council of Europe standards and other international obligations.
The mechanism for resolving electoral disputes is ineffective. In addition, the lack of deadlines for the resolution of election-related cases does not guarantee timely legal redress and voters can only challenge decisions on voter registration and the violation of their voting rights on election day.
On election day, the administration in the limited number of polling stations visited was procedurally well-prepared and the voting process was administered efficiently, however, in one municipality the voting process was problematic and a greater number of irregularities were noted. The vote count was carried out in a professional and transparent manner. The tabulation process was generally well organised, although there were many small discrepancies in the results protocols, which were corrected by the MECs.
Appendix 6 – Programme of the observation mission for the second round of the presidential election and of the early parliamentary elections (27 April 2014)
(open)Friday, 25 April 2014
11:00-12:00 Meeting of the ad hoc committee:
JOINT PARLIAMENTARY BRIEFING
- Opening and briefing on the pre-electoral mission by Mr Stefan Schennach, Head of Delegation
- Briefing on election legislation, by Mr Owen Masters, Expert, Venice Commission
- Exchange of views based on the findings of the electoral mission of 11-14 April
- Practical and logistical arrangements (information from the Secretariat)
13:00-13:20 Opening by the Heads of Delegations:
13:20-13:45 Welcoming remarks
- Ms Christine Muttonen, Special Coordinator of the short-term OSCE observer mission
- Ms Isabel Santos, Head of the OSCE Parliamentary Assembly Delegation
- Mr Stefan Schennach, Head of the Delegation of the Parliamentary Assembly of the Council of Europe
13:45-14:45 Briefing by the OSCE/ODIHR Election Observation Mission
Introduction and overview of findings to date:
Political background:
- Ambassador Geert-Hinrich Ahrens, Head of Mission
- Ms Ellen Shustik, Political Analyst
Complaints and appeals:
Media environment:
- Ms Elissavet Karagiannidou, Legal Analyst
- Mr Iegor Tilpunov, Media Analyst
Election day procedures:
Observation forms:
- Mr Ovidiu Craiu, Election Analyst
- Mr Anders Eriksson, Statistics Analyst
15:00-16:00 Panel discussion with NGOs/INGOs
16:00-17:00 Panel discussion with media representatives
- Mr Darko Aleksov, Executive Director of MOST
- Mr Xhabir Deralla, Director Civil Center for Freedom
- Ms Uranija Pirovska, Director of the Helsinki Committee for Human Rights
Saturday, 26 April 2014
09:30-10:15 Election Administration:
10:15-12:45 Meetings with political parties:
- Mr Subhi Jakupi, Vice-President of the State Election Commission
- Ms Biljana Briskoska, Head of Legal Commission, VMRO-DPMNE
- Mr Damjan Manchevski, Vice President, and Mr Jovan Despotovski, International Secretary, SDSM
- Mr Abdilaqim Ademi, General Secretary, DUI
- Mr Imer Aliu, Member of the Central Presidency, DPA
- Mr Gikten Aziri, Vice-President, NDR
12:45-12:50 Closing remarks
12:50-13:50 Meeting with interpreters and drivers
Sunday, 27 April 2014
Election day: observation of the opening, voting, closing and tabulation.
Monday, 28 April 2014
08:00-09:00 PACE delegation meeting (debriefing)
15:00 Joint press conference
Appendix 7 – Press release on the observation of the second round of the presidential election and of the early parliamentary elections (27 April 2014)
(open)Shortcomings during campaign overshadow generally well-run election day, international observers say in Skopje
Strasbourg, 28.04.2014 – Fundamental freedoms were respected and candidates were able to campaign without obstruction in the 27 April elections in “the former Yugoslav Republic of Macedonia”, but shortcomings identified in the first round of the presidential election two weeks earlier, including the blurring of state and party activities and biased and unbalanced media coverage in favour of the ruling party, either persisted or were more pronounced, international observers said in a statement issued today.
“Yesterday’s elections were effectively administered and election day went smoothly, but there were real problems before and, unfortunately, after the vote,” said Christine Muttonen, the Special Co-ordinator who led the short-term OSCE observer mission. “The governing party did not adequately separate its party and state activities while, regrettably, the major opposition party announced it would not recognize the election results. I strongly encourage all political actors to work together to create a positive post-election environment.”
The observers noted that there continued to be credible allegations of voter intimidation, including pressure by one party on ethnic Albanian voters to boycott the presidential ballot.
“This election process did not contribute to reducing the tensions that exist between and within ethnic communities,” said Stefan Schennach, Head of the delegation from the Parliamentary Assembly of the Council of Europe (PACE). “The election was a missed opportunity for political stakeholders to demonstrate a genuine commitment to integrating all ethnic communities and minorities. PACE, with the support of the Venice Commission, remains ready to provide support for electoral improvements and further democratic consolidation in the country.”
Media monitoring during the campaign period identified a bias in favour of the ruling party and its presidential candidate in the majority of monitored media, accompanied by negative reporting on the main opposition party and its presidential candidate. The lack of analysis and independent reporting identified in the first round of the presidential election continued during the second round and the parliamentary election, the statement said.
“The media monitored were largely biased in favour of the ruling party and the incumbent presidential candidate, while reporting negatively on the campaign of the main opposition party,” said Isabel Santos, Head of the OSCE PA delegation. “All stakeholders should take a serious look at these findings, and then work together to create the conditions for a freer and impartial media environment.”
Both the parliamentary and second round presidential campaigns were active, and all parties engaged in a vigorous schedule of rallies, the statement said. A significant advantage in resources and predominance in political advertising meant, however, that the ruling party and its presidential candidate dominated the campaign environment. The clear support they received from the government during the campaign did not respect the separation of party and the state. As in the first round of the presidential election, there was a steady stream of accusations of corruption within the ethnic blocs.
The State Electoral Commission (SEC) met most of its legal deadlines and held regular sessions, most of which were open to observers and the media, but continued to be divided along party lines on all contentious issues. As in the first round, the SEC did not communicate effectively with the Municipal Election Commissions (MECs), causing some confusion regarding procedures. The MECs did carry out their duties in a professional manner, the observers said.
A number of Electoral Code provisions regulating the parliamentary elections were amended in January 2014, addressing some prior OSCE/ODIHR recommendations. Inconsistencies and ambiguities remained, however, including in the legal definition of campaigning and the length of the campaign, as well as provisions on the use of public resources during the campaign.
“To characterize the elections in a nutshell, the run-up failed to meet important OSCE commitments, including on the separation of state and party, on ensuring a level playing field, on the neutrality of the media, on the accuracy of the voters list and on the possibility of gaining redress through an effective complaints procedure,” said Ambassador Geert-Hinrich Ahrens, Head of the election observation mission from the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR). “All of this, unfortunately, overshadowed an election day that did meet commitments and was orderly and peaceful.”
The electoral dispute-resolution mechanism remained ineffective. There is a lack of deadlines for courts to resolve several types of election-related cases and the right of voters to legal redress is limited in all stages of the electoral process, the statement said.
Election day was conducted in a smooth and professional manner, although some technical irregularities were noted. The overall assessment of polling station openings, voting, and the counting and tabulation of votes was positive.