MONTENEGRIN INDEPENDENCE REFERENDUM, 2006

The 'Montenegrin independence referendum' was a refe­rendum on the independence of the 'Republic of Montenegro' from Serbia and Montenegro that was held on 21 May, 2006.
The total turnout of the referendum was 86.5%. 55.5 percent voted in favour and 44.5 were against breaking the state union with Serbia.^[1]
Fifty-five percent of affirmative votes were needed to dissolve the state union of Serbia and Montenegro, an option favoured by the coalition government (DPS and SDP).
By 23 May, preliminary referendum results were recognised by all five permanent members of the United Nations Security Council, indicating widespread international recognition of Montenegro once independence is formally declared.
Montenegro's referendum commission^[2] on Wednesday 31 May, officially confirmed^[3] the results of the independence referendum, verifying that 55.5% of the population of Montenegrin voters had voted in favour of independence. Because voters met the controversial threshold requirement of 55% approval set by the EU, the referendum was incorporated into a declaration of independence during a special parliamentary session on 31 May. The Montenegrin Parliament made a formal Declaration of Independence on Saturday 3 June.^[4]
In response to the announcement, the government of Serbia declared^[5] itself the legal and political successor of Serbia and Montenegro, and that the government and parliament of Serbia itself will soon adopt a new constitution.^[6] The European Union, the United States, the People's Republic of China, Russia, and neighbouring Croatia all expressed their intentions to respect the referendum results.

Contents

Constitutional background

Legal procedure

Before the referendum

After the referendum

Referendum rules controversies

Referendum question

Alleged irregularities during the campaign

Opinion polling

Blocs

Independence

Union

Neutral

Results

International reactions

Serbian reactions

References

External links

Constitutional background

The process of secession was regulated by the Constitutional Charter of Serbia and Montenegro. Article 60 of the constitution required that a minimum of three years pass after its ratification before one of the member states could declare independence. The same article specified the referendum as necessary for this move. However, this constitution allowed member states to define their own referendum laws.
It is also specified that the member state which secedes forfeits any rights to political and legal continuity of the federation. This means that the seceding state (in this case Montenegro) had to apply for membership to all major international institutions, such as the United Nations and be recognised by the international community. No state objected to recognising a newly formed state prior to the referendum.

Legal procedure

Before the referendum

According to the Montenegrin Constitution,^[7] state status cannot be changed without a referendum and the President of the state proposes a referendum to the Parliament. The referendum bill was introduced by the president of Montenegro, Filip Vujanović, and it was unanimously passed by the Montenegrin Parliament on 2 March 2006.^[8]

After the referendum

The Referendum Bill obliges the Parliament, which introduced the referendum, to respect its outcome. It had to declare the official results within 15 days following the voting day, and act upon them within 60 days.
Changes to the Montenegrin Constitution, which involved changes of the state status, required dissolving the Parliament when the bill is passed, and convocation of the new one within 90 days. The new Parliament had to adopt, with a two third majority, such changes to the Constitution, or draft a new Constitution..
The newly-independent country of Serbia, which is the successor state to the state union of Serbia and Montenegro, while favouring a loose federation, has stated publicly that it would respect the outcome of the referendum, and not interfere with Montenegrin sovereignty.

Referendum rules controversies

There has been considerable controversy over suffrage and needed result threshold for independence. Montenegrin government, which supported the independence, initially advocated a simple majority, but the opposition insisted on a certain threshold below which the referendum, if a "yes" option won, would have been moot.
European Union envoy Miroslav Lajčák proposed independence if a 55% supermajority of votes are cast in favour with a minimum turnout of 50%, a determination that prompted some protests from the pro-independence forces. The Council of the European Union unanimously agreed to Lajčák's proposal, and the Đukanović government ultimately backed down in its opposition.^[9] Milo Đukanović, Prime Minister of Montenegro, however, promised that he would declare the independence if the votes passed 50%, regardless of whether the census was passed or not. On the other hand, he also announced that if less than 50% voted for the independence option, he would resign from all political positions.^[10]
Another controversial issue was the referendum law, which relied on the constitution of Serbia and Montenegro, which, again, stated that Montenegrins living within Serbia that are voters in Serbia would not be allowed to vote in the referendum because that would give them two votes in the union and make them superior to other citizens. Also, the agreement threshold between the two blocs for 55%, was somewhat criticized as ''overriding'' the traditional practice of requiring a two-third super-majority, as practiced in all ex Yugoslav countries before (including the previous referendum in Montenegro.

Referendum question

:''Želite li da Republika Crna Gora bude nezavisna država sa punim međunarodno-pravnim subjektivitetom'' (as it appeared on the ballot)^[11]
:''Желите ли да Република Црна Гора буде независна држава са пуним међународно-правним субјективитетом'' (translation from Latin script above to Cyrillic script)
:''Do you want the Republic of Montenegro to be an independent state with a full international and legal personality'' (as translated by OSCE^[12])

Alleged irregularities during the campaign

On 24 March 2006, a nine-minute video clip was aired that shows two local DPS activists from Zeta region, Ranko Vučinić and Ivan Ivanović, along with a former member of secret police, Vasilije Mijović, attempting to bribe a citizen, Mašan Bušković, into casting a pro-independence vote at the upcoming referendum. In the video clip they're seen and heard persuading Bušković to vote for the independence, and they promise to pay off his electric bill of €1,500 in return.
When the video became public, two DPS activists claimed they were victims of manipulation and that Vasilije Mijović talked them into doing so. Mijović denied those claims saying the video had been authentic. DPS spokesperson Predrag Sekulić claimed the video was "a montage" and "a cheap political setup." Mašan Bušković, the target of the alleged attempted bribe, on the other hand said the video is authentic and that it portrays events exactly as they occurred.^[13]

Opinion polling

Polling throughout the campaign was sporadic, with most polls showing pro-independence forces leading but not surpassing the 55% threshold. Only in the later weeks did polls begin to indicate the threshold would be passed, albeit barely.^[14]

Blocs

Independence

★ 'Democratic Party of Socialists of Montenegro'

★ 'Socialdemocratic Party of Montenegro'

★ 'Civic Party of Montenegro'

★ Liberal Party of Montenegro

★ People's Concord of Montenegro

★ Democratic Union of Albanians

★ Bosniak Party

★ Croatian Civic Initiative
A controversy emerged in the Independentist Bloc, as non-governmental organizations had officially joined and campaigned as its members, which was illegal, thus breaking the Law:

★ ''Movement for Independent European Montenegro''

★ ''Civic Forum Nikšić''

★ ''Democratic Community of Muslims Bosniacs in Montenegro''.

Union

★ Socialist People's Party of Montenegro

★ People's Party

★ Democratic Serbian Party

★ Serbian People's Party

Neutral

The Movement for Changes, although de facto supporting independence, decided not to join the pro-independence coalition, on the arguments that the independists are largely made of DPS criminals, and that the bloc is an "Unholy Alliance" gathered around a controversial Prime Minister Milo Đukanović, seen by these party officials as an obstacle to the complete democracy in Montenegro.

Results

According to the first estimates at 21:00 (CET), when the voting stations closed, 86.5% of eligible voters – or 419,240 voters (404,840 in and 14,400 outside voting places) out of 484,718 eligible (in 1,124 voting areas) – voted, local NGO organisations monitoring the referendum said.^[15] 3,577 (0.85% or 0.74% of the electorate) votes were found invalid, so declared 415,663 (99.15%) were published as the final valid turnout (85.75%).
Two organisations that were conducting a Quick Count, Montenegrin CDT and Serbian CeSID, had different projections of the referendum results.
CeSID's initial projections were giving YES option significant advantage, but as the evening progressed, they were correcting their projection and lowering advantage of the YES option. This caused serious confusion among general public and sparked journalists to challenge CeSID projections.
After CeSID's announcement, thousands of people began to celebrate in the streets of every major city.^[16] However, after the CDT announcement, the public began to realize how close the result was.
CDT stated that the results were too close to call. This was later confirmed with the official results, since only about 2,000 votes were over the required threshold (the votes of some 2 or 3 polling stations). They urged the public to remain calm and give time to the referendum commission to finish their job.^[17]

Montenegrin prime minister Milo Đukanović first delayed his appearance in public, after learning how close the result was. He finally appeared on Montenegrin television at about 01:40 CEST and said that after 99.85% of the votes had been counted, the percentage of votes for independence was 55.5%, and the remaining votes (6,236) could not change the outcome of the referendum.^[18]

On the other side, ''de facto'' leader of the unionist bloc Predrag Bulatović said at a press conference around 00:15 CEST that "his sources" informed him that 54% had voted "yes", a figure below the 55% threshold. Predrag Bulatović had announced earlier that he would resign as opposition leader if the referendum was won by those favouring independence.
František Lipka, the referendum commission president or Chairman of the Electoral Commission announced on Monday the 22 May 2006 that the preliminary results were 55.4% in favor of independence.^[19] Prime Minister of the Republic of Montenegro Milo Đukanović held a press conference later that day. The press conference took place at 14:30, at the Congress Hall of the Government of the Republic of Montenegro.^[20]

Due to the fact that about 19,000 votes were still disputed, the Electoral Commission delayed the announcement of final results. The opposition demanded a full recount of the votes but this was rejected by the Commission and European observers, who stated that they were satisfied and they were sure that the votehad been free and fair.^[21] On 23 May2006, the Electoral Commission released the final results which stated that 230,661 (55.02% of those who voted, 55.49% of the valid votes; 47.59% of the electorate) Montenegrins had voted for independence, while 185.002 (44.13% of those who voted, 44.51% of the valid votes; 38.17% of the electorate) voted against. The turnout was 86.49% of registered voters (85.75% valid).^[22]
The distribution of votes was as follows: majority (around 60%-up to around 70%) were against independence in regions bordering Serbia and Republika Srpska. The highest ''No'' vote was in Serb-majority Plužine municipality with 75.70%. In the authentic Montenegrin regions (former Principality of Montenegro), there was a light majority (around 50-60%) for independence, with the Cetinje municipality, traditional centre of old Montenegro, having a huge percentage in favour of independence (over 86.38%). At the coastal regions, Herceg Novi municipality, which has a Serb majority had voted 61.34% against independence, the middle southern region(Tivat, Kotor, Budva and Bar) being in favour of independence, and the south, Ulcinj municipality, an ethnic Albanian centre, voted strongly in favour of independence (88.50%). The regions bordering Albania and Kosovo that have mostly Bosniak, Muslim and Albanian population, were heavily in favour of independence (78.92% in Plav, 91.33% in Rožaje). Municipalities in Montenegro that voted for the Union were Andrijevica, Berane, Kolašin, Mojkovac, Plužine, Pljevlja, Herceg-Novi, Šavnik, and Žabljak. The municipalities that voted for independence were Bar, Bijelo Polje, Budva, Cetinje, Danilovgrad, Kotor, Nikšić, Plav, Podgorica, Rožaje, Tivat, and Ulcinj.^[23]
The Independist Bloc won thanks to the high votes of Albanians and to an extent Bosniaks. The highest pro-independendist percentage was in Albanian-populated Ulcinj and Bosniak-populated Rožaje.^[24]. This fact was, and still is being used by some of the Montenegrin and Serbian media and critics structures in Serbia and Montenegro to complain about and denounce the results of the referendum. Truth is, however, that the independists won by around 2,000 votes, and that this is exactly the same number Montenegrin diaspora Albanians that flew from the United States of America to vote for braking the state union. This became especially controversial, taking to granted that over 200,000 Montenegrin diaspora Serbs were not allowed to vote.

International reactions

On May 22, Croatian President Stipe Mesić sent a message of congratulations to Montenegro on its vote for independence. Mesić was the first foreign head of state to react officially to the vote.
The EU's foreign policy chief, Javier Solana, congratulated Montenegro on a "successful referendum" and said the turnout of over 86 percent "confirms the legitimacy of the process." The European Union would, he said, "fully respect" the final result.^[25] The EU's commissioner for enlargement, Olli Rehn, said the European Union would put forward proposals for fresh talks with both Montenegro and Serbia. "All sides should respect the result and work together in order to build consensus on the basis of the acceptance of European values and standards. I now expect Belgrade and Podgorica to engage in direct talks on the practical implementation of the results".^[26]
In a statement of 23 May, the United States affirmed the OSCE/ODIHR assessment of the election, which stated that "the referendum was conducted in line with OSCE and Council of Europe commitments and other international standards for democratic electoral processes." "We urge Montenegro and Serbia to work together to resolve the practical issues necessary to implement the will of the people of Montenegro as expressed in the referendum."^[27]
The Russian Foreign Ministry issued a statement on 23 May stating "It is of fundamental importance for Montenegro and Serbia to enter into constructive, friendly and comprehensive dialogue with the aim of producing mutually acceptable political solutions regarding their future relations," the Foreign Ministry said.^[28]
The British Europe Minister Geoff Hoon said he was pleased that the referendum had complied with international standards, pointing out that "the people of Montenegro have expressed a clear desire for an independent state."^[29]
A spokesperson for the Foreign ministry of the People's Republic of China indicated "China respects the choice of people of Montenegro and the final result of the referendum" in a regularly-scheduled news conference on 23 May.^[30]
The unanimous recognition of the referendum result by the five permanent members of the United Nations Security Council indicated that widespread international recognition of Montenegro would likely be swift once independence was formally declared.

Serbian reactions

Serbian president Boris Tadić accepted the results of the referendum in favour of independence, while Serbian prime minister Vojislav Koštunica, a firm opponent of Montenegrin independence, resolved to wait until the end of the week, so that the pro-Serb Montenegrin opposition would have time to challenge the final verdict.^[31]
The prime minister of Kosovo, Agim Çeku, announced that Kosovo would follow Montenegro in the quest for independence, saying "This is the last act of the historic liquidation of Yugoslavia /.../ this year Kosovo will follow in Montenegro's footsteps." Kosovo was, and as of 2007, remains under the administration of the United Nations, but is seen by Serbs as the historical and spiritual heart of Serbia.^[32]
Ethnic Serb groups in neighbouring Bosnia and Herzegovina planned to demand a referendum on the independence of the Republika Srpska, according to the Croatian daily ''Večernji list'', citing Branislav Dukić, leader of ''Spona'', a regional Serb organisation.^[33] Since such a move could start another war in Bosnia it provoked widespread condemnation from the US, European Union, and other nations. Milorad Dodik, the prime minister of Republika Srpska, subsequently withdrew his calls for a referendum, citing international opposition and the fact that such a referendum would violate the Dayton peace agreement.^[34]

References

1. AP: Montenegro Decides to Secede from Serbia
2. Referendum Commission of Montenegro
3. Official Press Release
4. BBC: "Montenegro declares independence"
5. Serbian Press Release
6. Press Release
7. Constitution of the Republic of Montenegro
8. B92: Referendum 21. maja
9. EUobserver: EU wins Montenegro's support for its referendum formula (subscription needed)
10. Counsil on Foreign Relations: Montenegro's Referendum on Independence
11. Official Ballot (PDF)
12. Montenegro Referendum (PDF)
13. RTS: Opozicija prikazala film o kupovini glasova
14. EUobserver: EU awaits Montenegro independence vote (subscription needed)
15. DTT-NET: Voting ends with high turnout at Montenegro referendum
16. DTT-NET: Montenegro government claims independence victory
17. [1]
18. CNN: Poll: Montenegro quits Serbia
19. AP: Montenegro Votes to Secede from Serbia
20. Prime Minister of Montenegro
21. BBC: Recount call in Montenegro vote
22. BBC: Montenegro vote result confirmed
23. Electoral Commission website
24. Balkan Update: Albanian and Bosniacs make Montenegro independant
25. Radio Free Europe: Montenegrins Close To Independence
26. EUobserver: EU prepares for separate accession of sovereign Montenegro (subscription needed)
27. US Statement on the Montenegrin Referendum on State Status
28. Moscow respects choice of Montenegro's people
29. GNN: Minister for Europe Geoff Hoon MP welcomes Montenegro referendum result (23 May 2006)
30. Foreign Ministry Spokesman Liu Jianchao's Regular Press Conference on 23 May 2006
31. DTT-NET: Serbia's president recognises Montenegro referendum results, PM waiting
32. EUobserver: EU prepares for separate accession of sovereign Montenegro
33. Vecernji list: Reakcije Republika Srpska nakon crnogorskog referenduma
34. AKI: Bosnia: Serb leader assures "no revolution" over Kosovo

External links

★ BBC: Page on the subject

★ BBC: Post-election coverage

★ Referendum Law (PDF)

★ The Njegoskij Fund Public Project >> 21 May 2006 Referendum on Independence