Final Report, Local Elections, May 2002 by CDT Crna Gora

Center for democratic transition

FINAL REPORT Editor Center for democratic transition – CDT Podgorica For the editor Marko Čanović Technical editor in chief Aleksandar Pajević Editor Vukić Konjević, professor Print Grafo Crna Gora Circulation 600 copies Podgorica, May 2002. We would like to thank USAID OTI Podgorica for providing financial support for this guide book. We also owe our gratititude the Office of NDI in Podgorica.

CDT – LET THE FREEDOM BE YOUR CHOICE Address: Bulevar S. Kovačevića 56, Podgorica Phone/fax: 081 60 10 50 www.cdtmn.org E-mail: cdtmn@cg.yu

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General assessment of the process Code – content and signment Promotion of Code Structure Training of observers Election day Assesment of Election Day Campaign assessment Expenditures of political parties during the campaign Monitoring of the campaign PVT Introduction Methodology Organizational structure Preparation Programming of software support Training of PVT observers Training of operators and telephonists in PVT centre Election Day PVT results of the election for councillors in municipalities Recommendations Comments and suggestions on the Law on the election of councilors and representatives Comments on the Law on Financing Political Parties Special activities – “GAME OF DIVERSITIES” Letter of Thanks APPENDIX

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General assesment of the process Center for Democratic Transition thinks that local elections, held on May 15, 2002., in nineteen Montenegrin municipalities enabled that local parliements are consituted in a way that reflects the will of citizens. In the majority of towns, the campaing was conducted in a correct or at least acceptable atmosphere. However, a few physical attacks or conflicts that took place on political bases indicate that certain politicians and activists who wanted to win the elections, do not understand that it can be achieved only by quality presentation of their political programs, not by threats and intimidation of political opponents. The Center has followed the activities of political parties upon the "Agreement on Code of conduct during the campaign for local elections" signed by six political parties. On the Election Day, we have also been monitoring voting process on more than 85% of polling stations in all nineteen municipalities with observers and mobile teams. In the context of the campaign, the Center has, in it's statements, strongly condemned physical attack on candidate for deputy and activist of Patriotic coalition for Yugoslavia on May 1 in Niksic, as well as physical conflict of political parties activists on May 8 in Budva, initiated by the activists of DPS. In a same way, we condemn planting of explosive devise on May 14 in the SNP branch offices in Niksic. Unfortunately, we notice that Ministry of Internal Affairs still hasn't publicly announced data on the perpetrators. We also think that printing and distribution of anonymous propaganda material wording "Together to the Hague" is unacceptable, and unfortunately, on the eve of the elections, anonymous material wording "Watch your back, Pedja is coming" and "Goodbye Yugoslavia" is distributed throughout Montenegro. Putting up posters on public and private property, particularly on traffic signs, which was, according to our evidence, the practice of DPS, SNP, Liberal Alliance, Patriotic Coalition, People's party and SDP, and most likely the other parties, is also unacceptable. Vocabulary of certain representatives of political parties didn't represent the base for improvement of cooperation between parties, but on the contrary it created the atmosphere of unnecessary political tensions. We indicate at some examples "so called President of Montenegro" and "so called person", "to strike down mafia-police regime", "trade with human beings, principles and state". One of the most serious problems of this campaign were the complaints of some political parties about the alleged pressure, blackmailing and bribing of

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voters, as well as manipulation with voters registers. We observe that duty to prove these allegations is on those who made them, as well as on the relevant state authorities. Essential element of fair and democratic election is the atmosphere of confidence of citizens in state institutions, bodies as well as respect of the law. The Center establishes that electoral silences was envisaged by the Law 48 hours before the elections are held but, unfortunately, we noticed some examples of its violation: In Berane on radio station "Boje", on May 13, a jingle calling for voters to circle number three (SDP) was broadcasted. In a daily newspaper "Glas Crnogoraca", on May 13., report from the music happening organized by the Coalition Together for Niksic - SNP-NS-SNS was published, and on basis of its title, photos as well as its content, we might consider that the electoral silence was violated. Center for Democratic Transition, on the basis of the report of its observers who were covering more than 85% of polling boards, has assessed that election day was largely in accordance with the legal and procedural requirements and that violations noticed on some polling boards couldn't significantly influence regularity of the elections.

Code â&#x20AC;&#x201C; content and signment Center for democratic transition, on the eve of local elections, has offered political parties to sign the Agreement on the code of conduct during the electoral campaign. We remind that, on April the last year, on our initiative, similar document was signed before the extraordinary parliamentary elections were held. We considered that it was necessary to put an effort to prepare similar political act, in cooperation with political parties. Having in mind last year's experience, Center prepared new document contained of revised and completely new code of conduct during the electoral campaign. Signatory parties have obliged themselves that they would not make negative political influence on republic and municipal authorities in order to promote own political aims, and that they would not prevent journalist from doing their job in accordance with their professional and electoral rules. Parties also accepted to announce in media, ten days after the election day, funds spent for electoral campaign, and they condemned in advance eventual printing or distributing of anonymous propaganda material, particularly those related to party, national and religious tensions. 5

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Center for Democratic Transition offered to all parties in Montenegrin Parliement a new Agreement 1. After harmonising the provisions of the document, Democratic Party of Socialists, Socialist Peoples Party, Social Democratic Party, Serbs People's Party, Democratic Union of Albanians accepted it and obliged themselves to respect it. People's Party, Liberal Alliance and Democratic Alliance in Montenegro didn't accept provisions of the Agreement. Liberals considered that with a new Agreement "the essence of the problem is not reached and that political monopoles are not broken down by it", and supporters of Peoples Party deemed, apart from previous promises for accepting the document, that "it won't have an effect since all parliamentary parties didn't accept it". The Agreement was also open for signing for e other participants of the elections. Center has promoted its document in two daily newspapers in order to present it to Montenegrin public and other political parties. In that way, Civil Party of Montenegro joined above mentioned parties and accepted the document. On our initiative, which was accepted by TV Montenegro, on the eve of signing of the Agreement, there was a debate on parliamentary channel on principles and possibilities of its implementation. Debate lasted twenty minutes with participation of representatives of parliamentary parties and spokesman of CDT - Rasko Konjevic. We think that TV show proved the importance of citizen monitoring of the elections, and certain accusations on the alleged bias of CDT, made by almost all parties, we see as the prove of our non-bias approach towards any political party and high level of achieved professionalism.

Promotion of Code The Center prepared, in the period after signing, a media campaign realized in a form of television and radio short films, as well as news adverts. In daily newspaper "Vijesti" and "Dan", newspapers with the highest circulation and politically ambivalence, we have published the text of the Agreement on the whole page, calling the other parties to sign this document. Newspaper campaign, on 29th, 30th of April, 3rd, 4th, 8th and 9th of May, was conducted under the slogan "Keep a promise - respect what was signed". In this way, we wanted to present to the wide Montenegrin public the provisions of the document and obligations, which parties had taken during the electoral campaign. â&#x20AC;˘

sample of advert enclosed (footnote)

During the period from April 30 to May 11, we also had twenty-nine paid broadcasts of our TV short films on TV Montenegro and TV Elmag, prepared by the organization "The books of knjige". Short films content indicated, in original manner, principles of the Agreement and promotion of respect for its provisions. "When the fight is dirty we all loose" was the main slogan of TV and radio short films. 1

full text of the Agreement enclosed 6

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Radio Antena M, Radio Elmag and Radio D broadcasted our jingle with the same content, from May 4-12, three or four times a day. The whole media campaign was supported by the Office of the American Embassy in Podgorica which provided funds for creation, broadcasting of short films as well as for publishing of our promotion activities in print media.

Signing Center for Democratic Transition organized on April 23rd, press conference in which representatives of political parties signed "Agreement on the code of conduct during the campaign for local elections". On behalf of political parties, Predrag Sekulić (DPS), Dragan Koprivica (SNP), Borislav Banović (SDP), Goran Danilović (SNS) and Gzim Hajdinaga (DUA) attended the conference. Presence of all electronic and print media proved justification and importance of such prepared and realized event. Journalists of TV Montenegro, TV Elmag, TV Monten, Radio Montenegro, Radio Antena M, Radio Free Europe, daily newspapers Vijesti, Dan, Publika, Glas Crnogorca, Večernje novosti, as well as agencies Mina, Beta and Tanjug published in its shows, editions and service information. The Center assessed in its statement that creation of the "Agreement of political parties on the code of conduct during the campaign for local elections on May, 2002" contributes to the development of Montenegro and that experience from other countries justifies the existence of such document. Our remarks from the previous elections conditioned annexing and establishing new obligations and rules, which would undoubtedly contribute to fair and free elections, which are, as we hope, the aim of all participants of the election. The Center also obliged itself to follow the campaign of political parties and inform public on all eventual violation of the Agreement2.

Structure Staff of the main office of CDT from Podgorica coordinated the work on the ground through the activities of regional and municipal coordinators. According to this project, the area of the Republic of Montenegro was divided in 4 regions:

1. Ulcinj-Bar-Budva-Kotor-Tivat 2

full text of the statement enclosed 7

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2. Cetinje-Danilovgrad-Kolašin-Mojkovac 3. Nikšić-Šavnik-Plužine-Žabljak 4. Berane-Bijelo Polje-Andrijevica-Pljevlja-Rožaje-Plav Four regional coordinators coordinated the work of the main office in Podgorica and regions. They communicated with 20 municipal coordinators whose placement was adjusted to the efficient implementation of PVT. (Detailed organizational scheme, as well as the names of coordinators enclosed). Meetings with regional and municipal coordinators and detailed training on all the activities during the campaign were held on April 26-27, in the offices of NDI in Podgorica. Recruiting of the observers was mostly realized through the work on the ground. Around 70% observers (x) participated in the implementation of the project "2001 Parliamentary elections", namely in the previous campaign of citizen monitoring of the elections.

Training of observers Aware of the fact that recruiting of observers is likely the most important part of the project, we decided to significantly revise existing guidebook for election observers. Guidebook used for parliamentary elections 2001 represented the basis for new one. New guidebook is consisted of three basic parts3: a) Electoral procedure - basic rules b) Code of conduct of observers during Election Day c) Enclosed (legal basis for all relevant issues) Use of a guidebook was mainly efficient and all coordinators and the majority of observers gave praises for this positive change. Draft guidebook was available to some members of the Republic Election Commission who positively assessed it. We also prepared detailed plan of training for all observers, no matter from which part of Montenegro they come in order that they receive unique message. Training consisted of a few sessions: up-to-date experience of CDT, importance of 3

Content of a guidebook enclosed 8

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independent observing of the elections, characteristics of the project "Local elections 2001", presentation of a guidebook, detailed explanation of the electoral procedure, code of conduct of observers and the way of reporting. We prepared three kinds of samples in order to improve the way of reporting, such as: a) Sample for serious incidents - OI - the essence of this form is detailed information (time, place, description, witnesses...) b) Sample for reporting - ID - for polling stations where we had fixed (PVT) observers c) Sample for mobile teams - M The purpose of new forms was to enable observers more personal comments on the events in polling stations and in that way to increase the level of their participation in the overall process. (Copy of these samples enclosed) In the period from 7-13 May, stuff of the main office of CDT, in cooperation with regional and municipal coordinators, held training sessions for observers from all 19 municipalities in which elections took place. According to behavior of our observers on Election Day we estimated that training was successfully completed. (Detailed schedule of training in municipalities is enclosed).

Election day CDT had covered during Election Day 85% of polling stations in municipalities in which elections took place. 294 observers out of the total number of observers were continuously in polling stations, while the rest of them were divided in 52 mobile teams. Mobile teams visited, on the basis of detailed working plan, polling stations at least two times (before and after noon) and observed around 20 minutes. Having in mind efficiency and accuracy of information flowing into CDT main headquarter, we think that this way of organization proved to be successful. Headquarter of CDT in Podgorica was operating in the Office of NDI. In accordance with the previous agreement all information on Election Day were flowing into central headquarter whose stuff forwarded them to the press team who immediately informed public on that issue. Coordinator for electoral observers was in touch with municipal coordinators every 120 minutes during the day (9, 11, 13, 15, 17, 19, 21 h.), while in case of problems in polling stations the headquarter was immediately informed. Thanks to detailed plans for visiting polling stations prepared by municipal coordinators, (x) CDT was timely informed on mainly events in the polling stations. During the day, municipal coordinators had permanent communication with observers who weren't able to cover all polling stations because of the

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disposition of the majority of Montenegrin municipalities. When Election Day was ended, observers gave their reports to the municipal coordinator, who forwarded them to the regional coordinators, namely to the main office in Podgorica.

Assesment of Election Day Center for Democratic Transition assessed, on the basis of reports of its observers that on Election Day polling stations carried out voting and counting process largely in accordance with the legal and procedural requirements and that certain violations noticed on some polling stations could not significantly influence regularity of the elections.

In polling station 23, primary school Mrkojevici, in the municipality of Bar, polling station was closed due to 27 citizens didn't sign the Book of Electors. Voters' failure to sign the Book of Electors and voting of persons who were not registered in the excerpt from the voters list were reasons for closing polling stations 17 and 31 in the municipality of Ulcinj. Voters' turnout in polling station 7, Stevanovac, municipality of Mojkovac was 70% at 19h, but none of the voters signed the Book of Electors.

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In the majority of polling stations there was no secrecy of voting. We provide review of public voting by municipalities and by numbers of polling stations: • Municipality of Nikšić, polling stations number: 3, 8, 10, 17,18, 20, 24, 25, 106, 13, 35, 103, 108, 110, 118, 124, 130, 109, 111, 119, 47, 22,12, 65, 102, 16, 45, 2, 1, 92, 9, 11, 101,126. In this poling stations, 2 out of 15 voters voted without secrecy and almost 90% of thme voted for the list ALL FOR NIKŠIĆ, NIKŠIĆ FOR ALL. • Municipality of Šavnik, polling station nr. 15. • Municipality of Budva, polling stations: 5 i 6. • Municipality of Berane, polling stations: 5, 24, 52, 65. • Municipality of Danilovgrad, polling stations: 2, 4, 32. In polling station 109, "Kindergarden Ciciban-Nikšić", voter voted without the secrecy threating the members of electoral board. In polling station 5, Brajići, Budva a member of election board, apart from the intervention of other memebers, violated electoral procedure putting invisible ink on index finger of a left hand. We give review of polling stations in which violations of electoral procedure were related to the use of optical reader and spray: • • •

Municipality of Nikšić, polling station 65. Municipality of Tivat, polling station 6. Municipality of Bijelo Polje, polling station 58, where around 90% voters weren't checked with optical reader. In the closed area of some polling stations promotion material of political parties was noticed: • • • • • •

Municipality of Nikšić, polling stations 12, 25. Municipality of Ulcinj, polling station 14. Municipality of Plužine, polling station 1. Municipality of Berane, polling station 52. Municipality of Pljevlja, polling stations 1, 8, 14. Municipality of Mojkovac, polling stations 6, 15.

Polling station in which confusion was caused by irregular placement of members of electoral board who were in charge for certain issues: • •

Municipality of Bar – polling stations 21, 22, 30, 31 Municipality of Kolašin – polling station 31

Polling stations in which observers during Election Day noted presence of activist of political parties and police:

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• • •

•

Municipality of Berane – polling station 46 – activists Municipality of Rožaje – polling station 49 – activists Municipality of Andrijevica – polling station 1 – opening of polling station was late due to the relocation of polling station. Polling station was relocated because of the proximity of SNP electoral headquarter – Andrijevica. Municipality of Cetinje – BM 2 – police – intervention team

Campaign assessment Center for Democratic Transition thinks that positive shift was made in conduct of political parties in pre-election campaign, in comparison to previous election, but there are still some examples indicating insufficient devotions of political parties to the respect of democratic rules and principles. We emphasize that the greatest attention was paid to the relations between Montenegro and Serbia even though elections were local one. However, in a difference to previous campaign, political parties addressed economic and social problems, corruption and way of resolving growing problems of local selfgovernments what we consider as a positive step forward. We think that printing and distribution of anonymous propaganda material wording "TOGETHER TO THE HAGUE"; "WATCH YOUR BACK, PEDJA IS COMING"; "GOODBYE YUGOSLAVIA" (Pedja Bulatovic) is unacceptable form of campaign which indicates that political culture still isn't sufficiently present on Montenegrin political scene. The center also condemned physical attack on the candidate for deputy and activist of Patriotic Coalition for Yugoslavia NSS-SRS on May 1, in Niksić, the incident happenned on May 8, in Budva and planting explosive devise on SNP branch offices night before the elections took place in Niksic. We think that difference in party programs and political views shouldn't be an obstacle for free expression of political approaches. Putting up posters and promotion material on public and private property, particularly on traffic signs, is also unacceptable. The Center carefully followed and noted the complaints of some political parties about the alleged pressure, blackmailing and bribing of voters, as well as manipulation with voters registers. We strongly condemn such forms of campaign and stress that duty to prove these allegations is on those who made them. We underline that respect of legal infrastructure and democratic rules doesn't reflect immediately fair and democratic election process. It is necessary to create the atmosphere of confidence of citizens in state institutions and 12

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processes in which laws are respected and rights on free political opinion are guaranteed to all citizens on an equal basis.

Expenditures of political parties during the campaign CDT insisted on political parties that in accordance with signed Agreement announce funds spent during the campaign. All signatory parties, except SNP, enclosed official letters stating their expenditures. Our goal wasn't to control financial possibilities of political parties or to confirm accuracy of given data. We leave to political and wider public to assess the accuracy of data provided by parties. We point out that we sent letters to Peoples Party and Democratic Alliance although they were not signatory parties but they didn't respond and enclosed their campaign expenditures. We think that in this may we have made a step forward in revealing tie between politics and money and that there is a lot of work to be done in that field in order to reach standards of developed countries. According to the data that Center received, Democratic Party of Socialists spent 23900 €, Serb Peoples Party 28545 €, Social Democratic Party around 14000 €, Democratic Union of Albanians 6100 € and Civil Party 1050 €. According to the Law on financing political parties, some forms of campaign were limited to 250 average wages that were amounting in April around 115 €.

Monitoring of the campaign Monitoring of the pre-electoral campaign was primarily focused on rallies of political parties. For that purpose specific form (C), which was adjusted to the signed Agreement on the Code of Conduct of political parties and reflected the most important provisions of the Agreement was prepared. It should be remarked that monitoring of the first part of the campaign wasn't on the highest level since coordinators were engaged in recruitment of observers. However, we think that last 12 days of the pre-election campaign were monitored efficiently so that 107 reports were received from promotional rallies.4 In addition, meetings of our coordinators with local branches of political parties and municipal election commissions represented an important segment of monitoring of the campaign. During those meetings, our coordinators were obliged to present the Agreement on the code of conduct of political parties and the work of CDT. Quality of cooperation with political parties depends on the municipality and we emphasize Niksic where our coordinators were in daily contacts with representatives of political parties as an example of good 4

Copy of this form enclosed 13

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communication. We also monitored code of conduct of political parties related to the provisions of the Agreement on anonymous promotion material and we timely informed public on that issue.

PVT Introduction PVT (Parallel Vote Tabulation) is PARALLEL GATHERING AND PROCESSING OF VOTES). Parallel - because the procedure is implemented parallel with the state institutions that conduct the elections and processing because the data on the gathered votes are turned into mandates, i.e., seats obtained in the Republic (or municipal) parliament. The processing also includes statistical methods for evaluation of error, selection of the polling station, etc. PVT is a method of monitoring of the elections that gives the independent data and that may be used for prediction of the results of elections or checking the official election results. The experiences of the countries in which the nongovernmental organizations conducted independent gathering of votes showed that PVT was a very powerful “tool” preventing from and detecting possible election theft. CDT implemented PVT primarily in order to confirm election results and in that way sthrengthen confidence of citizens in the election procedure.

Methodology Having in mind that local elections were held in 19 municipalities, CDT decided to apply PVT in 7 municipalities: Nikšić, Bijelo Polje, Berane, Danilovgrad, Budva, Tivat i Kotor. We have decided to apply partial counting of votes in polling stations in two municipalities (Niksic and Bijelo Polje) selected by random sample, due to non-existence of the data according to which target sample could have been created. CDT gathered results from all parties running the elections (number of parties varied from five in Tivat to ten in Berane).

Organizational structure Aleksandar Pajevic, PVT coordinator was in charge for structuring, organization and implementation of the project. He cooperated with three regional and seven municipal coordinators. Regional coordinators were in charge of 14

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recruiting and selecting observers. Vladimir Vencl, Derbi Informatics from Zagreb was in charge for working on the software and processing of data on voting. During the work on the sample, use of statistical methods as well as processing and interpreting of the results, we cooperated with Lisa Mc Lean (NDI), Velko Miloev, Vladimirom Vencl and Vladimir Pran (GONG).

Preparation Under preparation for the project implementation we assume the following: • • • • • • • • • •

Supply and installation of information, communication and other equipment Selection of samples of the polling stations Programming of software support Recruitment of volunteers Creation of guidebook for observers Creation of forms for PVT observers Training of regional and municipal coordinators Training of PVT observers Training of telephone operators in PVT center Public presentation of a project

a) Supply and installation of information, communication and other equipment 12.05.2002. For the need of PVT center which was operational center for project implementation, it is provided and equipped NDI office in Podgorica. 13.05.2002. 6 phone lines linked in PBX series and 4 mobile phones were installed in PBX center. PBX series is telephone installation that enables that incoming calls received on unique number are forwarded to the first free line. Informationcomputer equipment was composed of 4 computers linked in the local network (LAN) on one PC where the data could have been checked, corrected and which could show at any time accurate results as well as some statistical indicators for estimation of stabilization of data, interdependence of turnout and results etc. b) recruitment of volunteers CDT main office recruited XXX observers, out of which 294-287 PVT observers. Those are volunteers who were the most active in CDT campaign during previous elections and without which PVT project, as well as the whole campaign wouldn't be that successful. Regional coordinators recruited the most reliable observers for PVT project. Coordinators were reporting daily on the number of PVT observers in each area 15

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in order to enable PVT coordinator Aleksandar Pajevic to have a complete overview of the situation. Permanent reporting was used for the purpose of planning reallocation of observers in polling stations out of their place of residence. d) selection of sample of the polling stations 3. – 5.05.2002. During the weekend programer Vladimir Vencel, PVT coordinator Aleksandar Pajević, consultant Velko Miloev and Lisa Mc Lean were developing statistical methods for creation of sample and software support. Arrival of Vladimir Vencel, as well as its stay in Podgorica during the local elections was financed by NDI. After selection of the number of polling stations in the sample, polling stations were identified. Procedure is the following: random number selects first polling station within municipality and subsequently in an invariable interval polling stations are included. The interval was different for each municipality. Two things are important - random number for the first polling station and invariability of the polling station in the interval.

Programming of software support Software support should have responded to more requirements: • Time limit of creation • Equipment stability • Integration of statistic formula and methods • Simplicity of using • Network functioning • Administration and reporting (presentation of results) Software was programmed for functioning in 32 - essential Microsoft Windows environment of operational system. SQL server delivered data in Microsoft Access 2000 format. Server was supported by Microsoft Personal WEB and functioned in the environment of the operational system Windows NT Server.

Training of PVT observers 08. - 12. 05. 2002. Regional coordinators hold training /educational sessions for observers who entered for monitoring of the elections. CDT obtained accreditations for 600 observers on the local election, out of which 287 PVT observers. All observers passed training. 16

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Training of operators and telephonists in PVT centre 14.05.2002. Training for telephonists in PVT center was hold the day before Election Day. Telephone operators (10) had to be trained on the procedure of reporting and filling in forms. Procedure of reporting was established for the purpose of protection and accuracy of data.

Election Day First of all, PVT observers reported at 12h on the voters' turnout. PVT observers have started reporting results from polling station immediately after counting process, while the results from smaller polling station were reported around 2110. Four operators inserted data in computer program until 0000 in the morning. It was inserted more than 2000 data.

Administrator Operater nr. 1 Operater nr. 2 Operater nr. 3 Operater nr. 4 Total

61 720 447 280 503 2011

Until 2400, data were gathered and processed from almost all polling stations (97,5%) included in the sample, and in the same time CDT decided not to announce results to the public. These data were forwarded immediately to Marko Canovic, CDT manager who was a guest of TV Montenegro and Rasko Konjevic, PR coordinator who was a guest of TV Elmag, as well as of some other TV networks.

PVT results of the election for councilors in municipalities Semi-final column represents official election results.

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KOTOR CDT 13 13 6 1

SEMI-FINAL 13 13 6 1

CDT DPS-SDP 14 SNP-NS-SNS 11 LSCG 5 NSS-RS 1 Socialist Party of 1 Yugoslavia

SEMI-FINAL 14 11 5 1 1

SNP-NS-SNS DPS-SDP LSCG NSS-RS Number of polling stations: 35

TIVAT

Number of polling stations: 18

BUDVA SNP-NS-SNS DPS-SDP LSCG NSS-RS

CDT 14 14 3 1

SEMI-FINAL 14 14 3 1

CDT 16 16 2 1

SEMI-FINAL 16 16 2 1

CDT 20

SEMI-FINAL 20

Number of polling stations: 18

BERANE SNP-NS-SNS DPS-SDP People's party SDP Number of polling stations: 69

NIKŠIĆ DPS-SDP

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SNP-NS-SNS LSCG

18 3

Number of polling stations: 132 CDT – targeted for the PVT – 57 (40 % SAMPLE), processed – 56

BIJELO POLJE DPS-SDP SNP-NS-SNS Narodna stranka

CDT 22 14 1

SEMI-FINAL 23 13 1

CDT 16 13 2 1 1

SEMI-FINAL 17 12 2 1 1

Number of polling stations: 93

DANILOVGRAD DPS-SDP SNP-NS-SNS NSS-RS LSCG Socijalsitička partija Jugoslavije Number of polling stations: 32

Recommendations There was certain inaccuracy in addition to good estimation of election results, which should be abolished or specified more efficiently in order to enhance electoral process. The Center observed examples of inaccuracy during monitoring of political parties campaign and Election Day. They pointed out the following: • The way of financing political parties should be specified more clearly; • Pre-election silence should be defined more specific, and violations or breaching it should be punished; • Provisions on disbanding polling boards should be reconsidered or modified and implemented according to the law; • More attention should be paid to the education of municipal electoral commissions and polling boards. In some countries there are limitations or participation veto of representatives of state institutions and bodies in pre-election campaign. In order to divide state from ruling parties we think that such electoral practice or legal

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framework in Montenegro may contribute to conduct fair and democratic elections. In the last year report from the elections held in April we gave comments and suggestions related to the Law on the election of councilors and representatives and the Law on financing political parties. Parties didn't show their readiness to accept our initiatives so we also indicate in this report lack of the existing legal provisions.

Comments and suggestions on the Law on the election of councilors and representatives The Law on the Election of Councilors and Representatives that was adopted as a result of common work of the most significant political entities in the Republic of Montenegro represents a valid legislative framework that enables a fair electoral process. However, despite of its good general assessment, the Law has certain inaccuracy that need to be abolished or modified in order to improve the electoral process. In the following text, you can find some of these: It is prescribed by the Law in Article 26, paragraph 4; Article 31, paragraph 4 and Article 36, paragraph 3 the commencement of the term of office of a member of extended composition of a MEC and REC but it isn't clear when their mandate expire. We are of the view that it should be specified. It is stated in Article 14, paragraph 4 that deadline for verification of mandates is 15 days from Election Day. Our opinion is that this legal provision should be modified in a way that verification of mandates should be done in prescribed term immediately after announcement of final elections results. We are witnesses that this provision has not been respected after the last parliamentary elections due to problems related to forming of post-election coalitions. Center for Democratic Transition also has serious remarks referring to the legislative possibility that political parties are allowed to make changes of mandates after the elections, disregarding the order of the candidate list. We are of the view that this provision should be abolished and seats should be allocated only by the order on the candidate list. Our suggestions are also related to the articles of the Law which regulate disband of polling boards and conduct of repeated elections (Articles 69; 70; 79; 81; 83; 89). We consider that some of these legal provisions are too rigid and that they should be more realistic. Polling boards should be able to address certain irregularities that could occur during the electoral process. On the contrary, if they would strictly respect the rules about this issue, there is a slight possibility of creating chaos in polling stations caused by incorrect behavior of individuals or group of people. (What if citizen votes without the secrecy of voting? If polling station is not opened at 8.00 a.m. but 8.10 a.m., should the elections be repeated because of the carelessness and improperness of individuals on particular 20

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polling station since it can not significantly influence the result and regularity of the elections?) Provisions related to repeating of elections (Article 102) do not prescribe precise election date, but include a possibility of conducting elections within the period of seven days. Is it the same for the citizens, if the elections are held the next day, in the middle of the week or on weekend? In many democratic countries, the Law with precise election date specifies conduct of repeated elections. Article 60 of the Law on the Election of Councilors and Representatives prescribes, “Submitters of electoral lists and list of candidates on electoral list … … can be exposed on public places specified by relevant municipal authorities without particular approval”. What if political parties put up promotion material on non-allowed places and in that way ruin private or public property? Was any political party punished according to the Law for that reason during the last elections? Article 82, paragraph 3 should state clearly that voters have to divide control coupon from the ballot paper by themselves in the presence of a member of the Polling Board and that only in certain cases could be helped by a member of the Polling board selected by random case. Does Article 85, which specifies the way of voting by letter, violate the secrecy of voting, in case when only one person votes in that way in the polling station? Referring to the method of allotting seats prescribed by the Law on the Election of Councilors and Representatives, Articles 94, 94a, 95 CDT thinks that these Articles need to be modified in order to improve their accuracy, so to exclude any confusion and doubts related to the number of representatives. We support the intention of state authorities to enable more efficient level of participation of Albanian political parties through so-called “positive discrimination”, but we also suggest certain changes of the above mentioned Articles in order to resolve dilemmas remained in one part of the Montenegrin held parliamentary elections. political scene after recently (Does Montenegro constitute one or two electoral units? It is not clear whether the electoral threshold of 3 percent is counted on 72 or 77 members of parliament which is not specified by special decision of the Parliament?). Therefore, CDT supports state authorities in charge for conducting elections to do the following: - REC should publicly announce the method of allocation of seats before the elections are held in order to eliminate possible complaints or confusion. REC should also clearly determine mathematical method of spillover of votes from one area to another and vice versa.

Comments on the Law on Financing Political Parties Center for Democratic Transition thinks that attention is not sufficiently paid to the implementation of the current Law on Financing Political Parties and that is necessary to draft a new Law which will efficiently regulate this 21

Center for democratic transition

fundamental issue which determines fairness of the electoral procedure. In some countries this issue is regulated very rigidly, while in the case of Montenegro there is a Law that is not implemented in the proper way. Are the citizens familiar with the funds provided for political parties from the budget, since they enable it by paying taxes? According to the Article 11 and 12, political parties are required to have detailed records on revenues and expenditures. Relevant authorities are able to audit financial operations of political entities. CDT noticed that no political party presented its financial report to the public after the electoral campaign. We didn't notice that political parties announced to voters their financial plans for the funds received from the budget. It is questionable whether the funds received from the government can be sufficient to cover expenditures for the election campaign. If expenditures exceed funds provided from the budget, why don’t they announce the way of financing of their campaign, having in mind such practice in developed democratic countries? It seems that the Law on Financing Political Entities is an arbitrary document applicable only in the case of “the will of the authorities" according to the Articles 11. and 12. If it is our intention that citizens of Montenegro respect the Republic laws, it is necessary to require the same from political parties, which want to represent them.

Special activities – “GAME OF DIVERSITIES” In addition to its usual activites on implementation of the project of citizen monitoring of the election, Center for Democratic Tranisition had a specific one. We organized in cooperation with Nansen Dialogue Center from Podgorica humanitarian basketball tournament held in Niksic. Special merit of CDT is in fact that only seven days before the local elections were held we managed to gather representatives of all political parties, in one team whose common presence in this sport -humanitarian event was a real refreshment in comparison to monotonous pre-election campaign of political parties which reached the top in that period. Other participants were teams of sportsmen, journalists and NGOs from Montenegro. We used this spectacle called "Game of Diversities" for presentation of our activities and promotion of educational short film which broadcasting provoked loud cheering. Tournament was held in sport centre in Niksic, and all funds from entrance-fees are donated to the primary school (?).

Letter of Thanks At the end, we want to thank institutions, organizations and those whose help was extremely important for implementation of this project. We express our special gratitude to USAID OTI office in Podgorica – to Miss Ana Drakic as well as to American Embassy in Belgrade. Readiness of these

Center for democratic transition

foundations to finance the project of citizen monitoring of the local elections held in Montenegro 2002. and provided support of their representatives was definitely of key importance for implementation of this project. We also owe special gratitude to NDI office in Podgorica and to Mr Velko Miloev and Miss Lisa McLean, for provided help and support during the work on Project implementation. Their suggestions and readiness to resolve our problems at any time were of crucial importance. We also thanks to Miss Aleksandra Pajevic and Natasa Bulatovic, representatives of NDI. We want to thank Mr. Vladimir Vencel for his technical support in realization of PVT, as well as to Mr. Vladimir Pran from “GONG” – an NGO from Croatia who shared with us his experience and ideas. Special gratitude we owe to Professor Veselin Pavicevic for useful advice he gave to us. Thanks to Mr. Stevan Damjanovic - President of MEC; Mr. Branislav Radulovic Secretary of MEC, for understanding and cooperation. We use this opportunity to show our appreciation to representatives of political parties for their cooperation during the project realization. Thanks to editorial stuff of daily newspapers “Pobjeda”, “Dan”, “Vijesti”, "Publika" as well as of TV Montenegro, TV Niksic, NTV Montena, TV In and other representatives for following our activities through media.

APPENDIX

CDT PUBLIC STATEMENT – MID-TERM ASSESSMENT OF THE PRE-ELECTION CAMPAIGN Between 23rd of April and 6th of May, the Center for Democratic Transition monitored the campaigns of the political parties in 19 Montenegrin municipalities. On 23rd of April, on the Center’s initiative, representatives of five political parties – DPS, SNP, SNP NS, SDP and DUA signed an Agreement on the rules of conduct during the campaign for the local elections. The Agreement was initially offered to the parliamentary represented parties and declared open for signatures by other participants in the election contest. We promoted this "Code of Conduct" by publishing its full text in daily newspapers, by creating and broadcasting radio and TV spots, but also through contacts with municipal party branches. Unfortunately, from among all the other parties, which have submitted candidates lists, only the Citizens' Party of Montenegro officially supported this document. In an effort to fulfill its commitment to promptly inform the public, relevant domestic and international organizations about the compliance with the

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provisions of the Agreement, CDT regional and municipal coordinators have monitored the campaign of political parties on the ground, especially their public presentations. The Center for Democratic Transition estimates that to this point, a certain positive progress has occurred in the campaign in terms of conduct of political parties, although there are still examples that demonstrate lack of commitment to democratic standards and principles. We condemn the physical attack on a candidate and activist of the Patriotic Coalition for Yugoslavia NSS-SRS that took place on 1st of May in Niksic, since we believe that the difference in party programs and political opinions must not be an obstacle to freely express political attitudes. We believe that distribution of anonymous propaganda material is an inadmissible form of political combat. Anonymous posters with the text “Together for the Hague” indicate that political culture is not sufficiently present on the Montenegrin political scene. We also consider spoliation of public and private property, in particular traffic signs with posters and propaganda messages, to be unacceptable. The language used by some party representatives in the pre-election campaign creates conditions for unnecessary rise of political tensions. Words and phrases such as “political Talibans”, “treason/betrayal”, “blackmailing Montenegro”, “swindler”, “party for coat-hangers”, then comparing Montenegrin politicians with Mao Tze Thung, Saddam Hussein, and international diplomats with a “four-leg expert” should not be a way for presenting political programs and ideas. Through monitoring the campaign of political parties, the Center noticed allegations of some parties about possible pressures, blackmailing and bribing voters, manipulations with the registry of voters, as well as about the biased work of some republic and municipal bodies. We strongly condemn such eventual occurrences and emphases that the burden of proof for such allegations lies with those who made them publicly and with the relevant state organs. We would like to point out that respecting the legal framework does not necessarily indicate fairness and democracy of the election process. It is necessary to develop a democratic environment in which citizens will have trust in institutions and processes, and in which citizens will believe that the elections are democratic, that the laws are respected and the right for free political expression is guaranteed to all equally. The responsibility for creating such an environment belongs both to governing and opposition parties. We appeal, once more, to political parties to respect the provisions of the Code of Conduct and in that way contribute to creating the necessary preconditions for fair and democratic elections.

Center for democratic transition

MANUAL FOR ELECTION MONITORS TABLE OF CONTENTS INTRODUCTION I ELECTORAL PROCEDURE 1. POLLING BOARD 2. ELECTION MATERIAL 3. POLLING STATION AND ITS CLOSED AREA 4. PREPARATIONS FOR OPENING OF POLLING STATION 5. VOTING PROCEDURE UNDER SPECIAL CIRCUMSTANCES Help during voting Voting outside polling station 6. CLOSING OF POLLING STATION I COUNTING OF VOTES II GUIDELINES FOR OBSERVERS ON ELECTION DAY 1. CODE OF CONDUCT 2. GUIDELINES FOR MONITORING AND REPORTING III APPENDIX Right on monitoring of the elections Electoral system for municipal parliement Political parties and candidates Apportion of seats after elections Administrative structure of the elections Republic Electoral Commission (REK) Municiapl Electoral Commissions (MEC) Voters Disband of polling boards

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FORM FOR REPORTING - ID We kindly ask you to forward this form to the municipal coordinator immediately after departure from polling station. In the space for additional comments please indicate your views on the mentioned issue as well as remarks on other issues, which are not stated in the form. (Which are relevant according to your opinion)

I BASIC DATA Name and surname of observer: __________________________________________________________________

Number and the name of polling station: __________________________________________________________________

Municipality: __________________________________________________________________

II ELECTION MATERIAL Is the procedure related to election material appropriately followed? YES/NO Comments _______________________________________________________________________ _______________________________________________________________________ III POLLING STATION AND ITS CLOSED AREA Have you noticed promotion material of parties or coalitions in the proximity of 50m of polling station? YES/NO Are there any cases of unjustified stay of police officers within or in close proximity of polling station? YES/NO Have you noticed presence of activists of political parties in the proximity of poling station who could influence voters? YES/NO Additional comments:_______________________________________________________________________

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________________________________________________________________________

Additional comments:_________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________

V VOTING PROCEDURE Is polling station opened at 8 a.m?

YES/NO

Is the order of members of polling board in accordance with one stated in a guidebook? YES/NO Are there any cases of voting out of the panel?

YES/NO

Is the procedure regarding control coupon violated? YES/NO Is the check with invisible ink properly done?

YES/NO

Are there any cases of issuing ballot papers without ID cards? YES/NO Are there any cases that more than one person was present during filling in ballot paper behind the panel? YES/NO Are there any cases of threatening voters or observers within or outside polling station? YES/NO Is voting interrupted?

YES/NO

State number of persons who came in polling station but from some reason didn't vote

YES/NO

Additional comment __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________

Center for democratic transition VI VOTING UNDER SPECIAL CIRCUMSTANCES Is there a case of voting under special circumstances?

YES/NO

Are some voters unnecessary helped during voting?

YES/NO

VII CLOSING OF POLLING STATION AND COUNTING OF VOTES Is polling station closed at 9 p.m.?

YES/NO

Are there any cases that voters are present in polling station at the time of its closing? YES/NO Is there a case that after opening of ballot box control coupon is found? YES/NO Is declaring of non-valid ballot paper reasonable?

YES/NO

Is there a difference between received ballot papers and a sum of non-used and those found in a ballot box? Which is the difference? YES/NO Are all complaints of members of polling board registered?

YES/NO

Additional comment _________________________________________________________________________________________

______________________________________________________________________ ______________________________________________________________________

FORM FOR SERIOUS INCIDENTS - IS Form should be filled in only in critical cases or incidents in your polling station. We kindly ask you to inform your municipal coordinator immediately after occurred incident.

I BASIC DATA Name and surname of observer: __________________________________________________________________ Number and the name of polling station: __________________________________________________________________ Municipality: __________________________________________________________________

Center for democratic transition II DATA ON INCIDENT Incident occurred at ____________ h. Are you a witness of an incident?

YES/NO

If you are not witness who informed you about the incident? __________________________________________________________________ __________________________________________________________________ Short description of event: __________________________________________________________________ __________________________________________________________________

III INCIDENT WITNESSES - in case there are witnesses and its position (Observer, voter, representative of a party, member of polling board etc.) Name and surname

Contact

Name and surname

Contact

Name and surname

Contact

IV SIGNATURE OF OBSERVER

___________________________

FORM FOR MOBILE TEAMS - ID We kindly ask you to forward this form to the municipal coordinator immediately after departure from polling station. In the space for additional comments please indicate your views on the mentioned issue as well as remarks on other issues, which are not stated in the form. (Which are relevant according to your opinion). I BASIC DATA Name and surname of observer: 1. Number and the name of polling station: Municipality:

Time of arrival: Time of departure: Time of arrival: Time of departure: Time of arrival: Time of departure: (Indicate time of any new arrival or departure from polling station)

Center for democratic transition II ELECTION MATERIAL Is the procedure related to election material appropriately followed? YES/NO Comments _________________________________________________________________________________________________ _________________________________________________________________________________________________

III POLLING STATION AND ITS CLOSED AREA Have you noticed promotion material of parties or coalitions in the proximity of 50m of polling station? YES/NO Are there any cases of unjustified stay of police officers within or in close proximity of polling station? YES/NO Have you noticed presence of activists of political parties in the proximity of poling station who could influence voters? YES/NO Additional comments: _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________

IV PREPARATION FOR OPENING OF POLLING STATION Is the requested election procedure concerning control coupon properly followed? YES/NO Are ballot boxes properly sealed? YES/NO The number of voters in this polling station: ________________________________________________________________________ Dodatni komentar __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________

Center for democratic transition V VOTING PROCEDURE Is polling station opened at 8 a.m?

YES/NO

Is the order of members of polling board in accordance with one stated in a guidebook? YES/NO Are there any cases of voting out of the panel?

YES/NO

Is the procedure regarding control coupon violated? Is the check with invisible ink properly done?

YES/NO

Are there any cases of issuing ballot papers without ID cards?

YES/NO

Are there any cases that more than one person was present during filling in ballot paper behind the panel? YES/NO Are there any cases of threatening voters or observers within or outside polling station? YES/NO Is voting interrupted?

YES/NO

State number of persons who came in polling station but from some reason didn't vote YES/NO Additional comment _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________

VI VOTING UNDER SPECIAL CIRCUMSTANCES Is there a case of voting under special circumstances?

YES/NO

Are some voters unnecessary helped during voting?

YES/NO

Center for democratic transition VII CLOSING OF POLLING STATION AND COUNTING OF VOTES Is polling station closed at 9 p.m.?

YES/NO

Is there a difference between received ballot papers and a sum of non-used and those found in a ballot box? Which is the difference? YES/NO Are all complaints of members of polling board registered?

YES/NO

Additional comment __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

CDT – Center for Democratic Transition

OBRAZAC C (ZA PRAĆENJE KAMPANJE POLITIČKIH PARTIJA) IME I PREZIME POSMATRAČA

IME I PREZIME POSMATRAČA

POLITIČKA PARTIJA, KOALICIJA

OPŠTINA

LOKACIJA

DATUM

Center for democratic transition

VRIJEME POČETKA MITINGA

POSEBNE NAPOMENE

Upustva za posmatranje političkih kampanja na terenu Molimo Vas: 1. da dođete pola sata prije početka mitinga na predviđenu lokaciju, kako bi se uvjerili da je sve u pripremi mitinga proteklo u redu. 2. da zazmete mjesto koje će vam omogućiti dobru preglednost 3. da unaprijed isplanirate odgovore na moguća pitanja koja će vam biti upućena kao posmtračima 4. da se ponašate neutralno i da ne nosite bilo kakve političke oznake

Center for democratic transition 5. nemojte komentarisati tok mitinga i izjave govornika, već vaša zapažanja zabilježite. Molimo vas da zabilježite: 1. šovinističke izjave 2. korišćenje državnih resursa 3. verbalne napade na druge partije 4. uništavanje propagandnog materijala političkih partija 5. brojnost i prisustvo uniformisanih lica (vojska, policija ili specijalne jedinice) 6. prisustvo TV kamera na kojima nije vidno istaknut znak medijske kuće 7. navedite podatke o govornicima i dužini trajanja mitinga 8. grupe pripadnika drugih partija u blizini Nakon završetka mitinga ostanite na lokaciji da bi se uvjerili da su se posjetioci razišli mirno, bez incidenta. U slučaju značajnog kršenja pravila odmah javiti u glavnu kancelariju (u ovom slučaju zabilježiti koji su mediji bili prisutni na skupu). Obrazac je potrebno dostaviti regionalnom koordinatoru u najkrećem roku! Reg. koordinator

Posmatrači

CDT – NEKA SLOBODA BUDE I TVOJ IZBOR Adresa: Bulevar Save Kovačevića 56, 81000 Podgorica Telefon/faks: 081 60 10 50 http://www.cdtmn.org E-mail: cdtmn@cg.yu

Center for democratic transition

TRAINING SCHEDULE FOR ELECTION AND PVT OBSERVERS OF CDT, May 7 - 13, 2002. DATE MUNICIPAL

07.05.

09.05.

10.05.

11.05.

12.05.

Andrijevica

Raško Konjević

Bar

Marko Čanović Raško Konjević

Bijelo Polje

Raško Konjević Marko Čanović Damir Rašketić

Berane Budva Danilovgrad Žabljak

Dragan Koprivica

Kolašin

Damir Rašketić

Kotor

Marko Čanović

Mojkovac

Damir Rašketić

Nikšić

Dragan Koprivica

Plav

Raško Konjević

Plužine

Dragan Koprivica

Pljevlja

Raško Konjević

Rožaje

Raško Konjević

Tivat

Marko Čanović

Ulcinj Cetinje

13.05.

Marko Čanović Damir Rašketić

Šavnik

Dragan Koprivica