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Montenegro's draft referendum law marks backward step
WARSAW 5 November 2001
WARSAW, 5 November 2001 (OSCE) - The new draft referendum law of Montenegro, Federal Republic of Yugoslavia, marks a backward step from current legislation. This is the conclusion of an analysis published today by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the OSCE's election and democratization office.
"The draft new referendum law does not contain any minimum turnout requirement nor does it require the vote of a weighted majority", said the ODIHR Director Ambassador Gérard Stoudmann. "This is of great concern as the majority level needed for the approval of a referendum question is crucial for the confidence in the process and the acceptance of the results, both nationally and internationally."
The draft law is presently under consideration by the Parliament of Montenegro. In a detailed assessment of the current legislation, published on 6 July, the ODIHR had recommended the introduction of appropriate majority requirements in line with international 'best practice'. Instead, the draft moves in the opposite direction by further reducing the majority required to approve the referendum question.
The ODIHR recommends that the Montenegrin parties work together to find a consensus on the legal framework for referenda, keeping in mind that the future of the country and the stability of the whole region is at stake.
In no way should the ODIHR comments on the draft referendum law be interpreted as an endorsement for holding the referendum or the approval of the referendum question. The ODIHR comments on the draft law were prepared upon request of the Montenegrin authorities with a view to assessing its compliance with international standards.
The ODIHR stands ready to continue to assist the Montenegrin authorities by providing technical expertise on electoral issues.
"The draft new referendum law does not contain any minimum turnout requirement nor does it require the vote of a weighted majority", said the ODIHR Director Ambassador Gérard Stoudmann. "This is of great concern as the majority level needed for the approval of a referendum question is crucial for the confidence in the process and the acceptance of the results, both nationally and internationally."
The draft law is presently under consideration by the Parliament of Montenegro. In a detailed assessment of the current legislation, published on 6 July, the ODIHR had recommended the introduction of appropriate majority requirements in line with international 'best practice'. Instead, the draft moves in the opposite direction by further reducing the majority required to approve the referendum question.
The ODIHR recommends that the Montenegrin parties work together to find a consensus on the legal framework for referenda, keeping in mind that the future of the country and the stability of the whole region is at stake.
In no way should the ODIHR comments on the draft referendum law be interpreted as an endorsement for holding the referendum or the approval of the referendum question. The ODIHR comments on the draft law were prepared upon request of the Montenegrin authorities with a view to assessing its compliance with international standards.
The ODIHR stands ready to continue to assist the Montenegrin authorities by providing technical expertise on electoral issues.