Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Breaking of Regulations on Referendum andElectionsThe Parliament of Serbia had, in the same session on September 30 th , 2006,also adopted the Decision on scheduling the referendum 168 . It was explicitlystated in the decision that the Republic Election Commission (RIK) wouldadminister the referendum process, and that the Referendum would lastfor two days. Although the Law on Referendum and people’s initiative is ineffect in Serbia 169 , on this occasion it was seriously violated.In the session on October 25 th , 2006, RIK established the final numberof voters in the Referendum 170 . Almost all inhabitants of Kosovo ofAlbanian nationality were left out without an explanation. Article 4 ofthe Law on Referendum states that the right to vote in the referendum isgiven to all voters with the right to vote who are resident in the territoryvoted on 171 . Since it is also stated in the new Constitution that Kosovois a part of Serbia, it is not clear on what basis the voters of Albaniannationality were left out. Such discrimination caused severe criticism fromthe domestic non-governmental organizations and experts. Four nongovernmentalorganizations filed a complaint to the Constitutional Courtof Serbia to proclaim the Decision on the scheduling of the referendumunconstitutional 172 . Even though the Constitutional Court did not make anyannouncements on this matter, the former president of this body SlobodanVucetic stated that the new Constitution will be legal even without theparticipation of Albanians, because “.there is a possibility that in Kosovoand Metohija only the voters who want to vote do so, considering thatKosmet is under international jurisdiction and that the legal order of Serbiadoes not apply to that part of the territory 173 “.In this way more than a million citizens of Serbia were taken off the votinglist, thus enabling the referendum to succeed. If the citizens of Albanian168 Decision on scheduling a Republic Referendum for the confirmation of the new Constitution of the Republicof Serbia, Official Gazette of RS, number 83/06169 The Law on Referendum and People’s Initiative, Official Gazette of RS number 48/94 and 11/98170 The eighty-seventh conference of RIK, October 25 th , 2006, available at the website: http://www.rik.parlament.sr.gov.yu/cirilica/sednice_frames.htm,visited on November 24 th , 2006171 Article 4 of the Law on Referendum, see above under 8172 The organizations are: Lawyers’ Committee for Human Rights, Helsinki Committee for Human Rights,Youth Initiative for Human Rights, and Center for Cultural Decontamination; the complaint was filed on October5 th , 2006 and is in the documentation of the Initiative173 Slobodan Vucetic, Legitimacy even without the Albanians, BLIC, September 29 th , 2006, available at the website:http://www.blic.co.yu/blic/arhiva/2006-09-29/strane/politika.htm, visited on November 24 th , 200652
Implementation of Transitional Laws in Serbia 2006nationality had been on the voting list, as the law prescribes, the referendumon confirming the new Constitution would not have succeeded. A particularparadox is the fact that the politicians pointed out that in this way the futureof Kosovo is being decided 174 , but at the same time the inhabitants of thatterritory were not allowed to vote on it.In Article 12 of the Law on Referendum it is stated that it is necessary tospecify the territory for which the referendum is scheduled 175 . Instead ofdoing this, the National Parliament only stated in the Decision that thereferendum is “on the level of the Republic“ 176 . Although such a formulationrepresents a violation of the law, it was interpreted it could result in theReferendum being scheduled for the whole territory of the Republic ofSerbia (i.e. for what the Parliament considers to be the territory of Serbia,which also includes Kosovo). On the other hand, in the Regulations forconducting a Referendum, RIK states that “the Referendum... will also becarried out in Kosovo, in the voting places in which the conditions forconducting the referendum were fulfilled, and in which all the participantsand the election materials are safe 177 ”. In this way, RIK had excluded a largenumber of citizens of Serbia from the voting process, and gave themselvesthe right to determine where both the participants, and the voting materialsare safe. Considering that no part of Serbia is engaged in war, or a state ofemergency, it is unclear which criteria lead the decision of RIK to proclaima large part of the territory unsafe for people and materials.According to the Decision on scheduling the referendum it was determinedthat the voting would last for two days 178 . This is the first time in the historyof Serbia that voting has lasted for two days. There was no excuse forsuch a solution even in the number of voters (which was, let us remind,inexcusably reduced), nor in the complexity of the procedure (the citizenswere given only one sheet of paper, so there were no delays at the votingstations). Furthermore, the date of voting is mentioned twice in the Law onReferendum, in Articles 12 and 20. In both places this word is used in thesingular, so that it is unclear on what basis the Parliament concluded thatvoting is allowed to last for two days 179 .174 Another call to vote, B92, October 27 th , 2006, website: http://www.b92.net/info/vesti/u_fokusu.php?id=122&nav_id=216374&start=45, visited on November 24 th , 2006175 Article 12 of the Law on Referendum, see above under 8176 The Decision on scheduling a republic Referendum, see above under 168177 Instructions for conducting a republic referendum for the confirmation of the new Constitution of theRepublic of Serbia, Official Gazette of RS, number 84/2006178 The Decision on scheduling the Referendum, see above under 168179 In Article 12 “the date for holding the referendum” is anticipated, while in Article 20 it is regulated that thevoting sheet contains the “day of holding the referendum” , the Law on referendum, see above under 853
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Implementation of Transitional Laws in Serbia 2006

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