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Facts and Arguments about the Introduction of Initiative and ...

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a municipality close to Reutlingen, <strong>the</strong>re was also a citizens’<br />

initiative against a similar bunker. The local CDU did not<br />

call a boycott <strong>the</strong>re. The result was that 57% <strong>of</strong> <strong>the</strong> electorate<br />

took part in <strong>the</strong> referendum <strong>and</strong> 90% <strong>of</strong> <strong>the</strong> voters<br />

rejected <strong>the</strong> building <strong>of</strong> <strong>the</strong> bunker. The citizens’ initiative<br />

was <strong>the</strong>refore successful in this instance. In ano<strong>the</strong>r municipality,<br />

Schramberg, <strong>the</strong> citizens’ initiative against <strong>the</strong> local<br />

bunker plans was also successful, despite a call from <strong>the</strong><br />

CDU to boycott it. On this occasion, <strong>the</strong> text <strong>of</strong> <strong>the</strong> CDU’s<br />

call for a boycott was prematurely leaked, so that <strong>the</strong> bunker’s<br />

opponents still had time to respond <strong>and</strong> counter <strong>the</strong><br />

manoeuvre. The local newspapers also published criticisms<br />

<strong>of</strong> <strong>the</strong> CDU’s boycott call. In <strong>the</strong> end, 49.25% <strong>of</strong> <strong>the</strong> electorate<br />

in Schramberg participated in <strong>the</strong> referendum; <strong>the</strong><br />

minimum 30% turnout quorum was achieved <strong>and</strong> 88.5%<br />

<strong>of</strong> <strong>the</strong> voters were against <strong>the</strong> bunker.<br />

A boycott can also be conducted along organisational lines. A<br />

well-known example comes from <strong>the</strong> town <strong>of</strong> Neuss, where<br />

<strong>the</strong> first municipal referendum in Nordrhein-Westfalen was<br />

held on 3 September 1995. The subject was <strong>the</strong> building,<br />

close to <strong>the</strong> town hall, <strong>of</strong> a hotel which would destroy some<br />

<strong>of</strong> <strong>the</strong> town centre’s green belt. The CDU majority succeeded<br />

in getting <strong>the</strong> public vote to fail because <strong>of</strong> <strong>the</strong> participation<br />

quorum <strong>of</strong> 25%. It is generally known that when referendums<br />

in large towns concern building plans in a single specific<br />

district, relatively few people will vote, because <strong>the</strong>y do<br />

not feel personally affected by <strong>the</strong> issue or have <strong>the</strong> impression<br />

that a lack <strong>of</strong> knowledge <strong>of</strong> <strong>the</strong> local situation means<br />

<strong>the</strong>y cannot judge properly (a referendum in Antwerp on<br />

<strong>the</strong> design <strong>of</strong> <strong>the</strong> municipal square in Ekeren, for instance,<br />

will attract very few voters from o<strong>the</strong>r districts such as <strong>the</strong><br />

South or Hoboken, <strong>the</strong> majority <strong>of</strong> residents <strong>of</strong> which will<br />

have never even been to Ekeren in person). The municipal<br />

council <strong>of</strong> Neuss used a series <strong>of</strong> measures to discourage<br />

<strong>the</strong> voters. Postal voting was not allowed (although for <strong>the</strong><br />

council elections 15% <strong>of</strong> <strong>the</strong> votes were submitted by post).<br />

Instead <strong>of</strong> <strong>the</strong> 100 polling stations that were provided for<br />

<strong>the</strong> council elections, only 30 locations were opened for this<br />

vote. Result: only 18.5% <strong>of</strong> <strong>the</strong> electorate took part in <strong>the</strong> referendum.<br />

Of <strong>the</strong>se, it is true that almost 80% were against<br />

<strong>the</strong> municipal council’s hotel plan, but because <strong>the</strong> quorum<br />

was not achieved, <strong>the</strong> citizens’ initiative was declared void.<br />

In Belgium, on 10 April 1995, a law was implemented that<br />

provided for non-binding <strong>and</strong> non-compulsory referendums<br />

at municipal level. A participation quorum was set at<br />

40% <strong>of</strong> <strong>the</strong> electorate. If less than 40% <strong>of</strong> <strong>the</strong> electorate participate<br />

in <strong>the</strong> referendum, <strong>the</strong> ballots must be destroyed<br />

uncounted.<br />

Although <strong>the</strong> referendums were non-compulsory <strong>and</strong> nonbinding<br />

<strong>and</strong>, moreover, a very high signature threshold <strong>of</strong><br />

10% was imposed, this led to initiatives in a number <strong>of</strong><br />

towns. In 1996, in <strong>the</strong> municipalities Genk <strong>and</strong> As in Limburg,<br />

<strong>the</strong> citizens requested a referendum on <strong>the</strong> construction<br />

<strong>of</strong> a commercial complex on <strong>the</strong> site <strong>of</strong> an ab<strong>and</strong>oned<br />

mine. In <strong>the</strong> As municipality, <strong>the</strong> municipal council decided<br />

to decline <strong>the</strong> referendum, but a vote was held in Genk on 13<br />

October 1996. Only 37.47% <strong>of</strong> <strong>the</strong> electorate turned out for<br />

<strong>the</strong> vote <strong>and</strong>, in <strong>the</strong> name <strong>of</strong> Belgian democracy, <strong>the</strong> ballots<br />

were not counted but were destroyed. Middle-class organisations<br />

<strong>and</strong> an extreme left-wing party had called on people<br />

not to vote. The first referendum held under <strong>the</strong> new law<br />

was immediately a victim <strong>of</strong> a successful call for a boycott.<br />

20<br />

In Gent, on 14 December 1997, a citizens’ initiative referendum<br />

was held on <strong>the</strong> city council’s planned construction<br />

<strong>of</strong> <strong>the</strong> so-called Belfort car-parking garage in <strong>the</strong> city centre.<br />

The city council had decided in advance that it would consider<br />

<strong>the</strong> result as binding, but <strong>the</strong> SP <strong>and</strong> <strong>the</strong> VLD, which<br />

formed <strong>the</strong> majority coalition in Gent, called on <strong>the</strong> voters<br />

to boycott <strong>the</strong> ballot. On this occasion <strong>the</strong> boycott failed by<br />

a small margin, because 41.12% <strong>of</strong> <strong>the</strong> electorate turned out<br />

<strong>and</strong> <strong>of</strong> <strong>the</strong>se 95% voted against <strong>the</strong> car park.<br />

In Sint-Niklaas, on 28 June 1998, a referendum was held<br />

on <strong>the</strong> construction <strong>of</strong> an underground car park. As in<br />

Gent, <strong>the</strong> quorum was just met: 40.28% <strong>of</strong> <strong>the</strong> electorate<br />

turned out. Of <strong>the</strong>se 92% voted against <strong>the</strong> car park. The<br />

vote was a touch-<strong>and</strong>-go affair because <strong>the</strong> largest party in<br />

Sint-Niklaas, <strong>the</strong> Christian Democratic CVP <strong>and</strong> <strong>the</strong> local<br />

NCMV (traders’ organisation), had called on people not to<br />

vote. “The referendum is a bad formula. Whoever votes ‘yes’<br />

only ensures that those who vote ‘no’ achieve <strong>the</strong> required<br />

40%. The ‘yes’ voter would do better to stay at home”, according<br />

to local CVP chairman Julien Vergeylen (Gazet van<br />

Antwerpen newspaper, 17 June 1998). The socialist leader,<br />

Freddy Willockx, said: “The problem is that because <strong>of</strong> <strong>the</strong><br />

CVP’s call for a boycott we do not have an objective picture<br />

<strong>of</strong> what <strong>the</strong> people really want. There were probably some<br />

70% to 80% <strong>of</strong> <strong>the</strong> Sint-Niklaas voters effectively against<br />

<strong>the</strong> car park, but we will never know that with certainty”<br />

(Gazet van Antwerpen, 29 June 1998).<br />

Although <strong>the</strong> participation quorum was subsequently lowered<br />

(<strong>and</strong> <strong>the</strong> signature threshold raised), after <strong>the</strong>se <strong>and</strong><br />

o<strong>the</strong>r dubious experiences <strong>the</strong>re have since been very few<br />

initiatives.<br />

Italy has provided <strong>the</strong> most recent perverse examples. On<br />

18 April 1999, a referendum was held <strong>the</strong>re on reforming<br />

<strong>the</strong> electoral system. The reforms were supported by most<br />

<strong>of</strong> <strong>the</strong> political parties; 49.6% <strong>of</strong> <strong>the</strong> electorate turned out<br />

<strong>and</strong> <strong>of</strong> <strong>the</strong>se 91% voted for <strong>the</strong> reforms. But <strong>the</strong> voters had<br />

taken all <strong>the</strong>ir trouble for nothing: because <strong>the</strong> participation<br />

quorum <strong>of</strong> 50% was not quite reached, <strong>the</strong> reforms did<br />

not go ahead. An interesting fact: in <strong>the</strong> south <strong>of</strong> Italy, <strong>the</strong><br />

mafia had actively called for a boycott <strong>and</strong> <strong>the</strong> 40% turnout<br />

to <strong>the</strong> south <strong>of</strong> Naples was far below <strong>the</strong> national average.<br />

The mafia decided that <strong>the</strong>ir c<strong>and</strong>idates were more easily<br />

elected using <strong>the</strong> existing electoral system, <strong>and</strong> manipulated<br />

<strong>the</strong> participation quorum so that <strong>the</strong> mafia won against<br />

a public majority <strong>of</strong> more than 90%.<br />

Unhappily, such boycott campaigns occur regularly in Italy.<br />

The latest example is <strong>the</strong> referendum <strong>of</strong> 12 <strong>and</strong> 13 June<br />

2005, in which four proposals for <strong>the</strong> liberalisation <strong>of</strong> <strong>the</strong><br />

highly restrictive law on assisted fertility for women were<br />

voted on. With <strong>the</strong> support <strong>of</strong> Pope Benedict XVI, <strong>the</strong> president<br />

<strong>of</strong> <strong>the</strong> Italian bishops, Cardinal Ruini, aptly named in<br />

this case, actively called for a boycott. “Cardinal Ruini finds<br />

not voting <strong>the</strong> best way to reject <strong>the</strong> proposals. After all,<br />

a referendum is only valid when at least half <strong>of</strong> <strong>the</strong> electorate<br />

votes. Given <strong>the</strong> fact that it was already established<br />

that those who would vote ‘yes’ would clearly be in <strong>the</strong> majority,<br />

by voting ‘no’ Catholics would only help to achieve<br />

<strong>the</strong> quorum <strong>and</strong> thus unwillingly reinforce <strong>the</strong> ‘yes’ camp;<br />

this was <strong>the</strong> reasoning”, as reported by <strong>the</strong> news website<br />

KatholiekNederl<strong>and</strong>.nl (www.katholieknederl<strong>and</strong>.nl/actualiteit/2005/5/nieuws_568842.html).<br />

And Ruini’s strategy

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