The 21 May 2006 referendum on the state-status of the Republic of Montenegro provided its citizens with a genuine opportunity to determine the future course of Montenegro as an independent state. This was achieved through a referendum process that ensured this long- standing issue could be determined peacefully, with legitimacy and certainty. Overall, the referendum was conducted in line with OSCE and other international standards related to democratic electoral processes.

The legal framework for the referendum provided a solid basis for the conduct of a referendum that respected fundamental democratic rights and, in general, met with international standards for electoral processes that apply to the holding of referenda. The 2006 special referendum law was the result of a consensus that followed political party negotiations in early 2006, and was able to maintain cross-party political support for its full implementation, including on contentious issues such as the majority requirement for the decision to be made. In a number of key areas, the special referendum law demonstrated an improvement to the wider legislative framework that govern elections in Montenegro and could serve as a model for forthcoming elections in Montenegro, as well as for any future referendums.

Throughout the referendum process, the Republican Referendum Commission (RRC) and the 21 Municipal Referendum Commissions functioned well and operated in a fully transparent manner. Equal participation by both sides in the referendum commissions, as well as the effective role played by an independent chairperson of the RRC, strengthened confidence amongst political actors in the referendum administration. Although RRC members tended to vote along partisan lines, many of the key decisions in the preparatory phase of the referendum were taken with consensus. On referendum day, there was a notable level of cooperation amongst polling board members from different sides. However, in the post-referendum period, a notably less harmonious approach was taken by members of the RRC.

The quality and accuracy of the voter registration in Montenegro are of a high standard, although practical shortcomings exist. A total of 484,718 voters were registered for the referendum, with over 21,000 names added to the voter register during the public inspection period. As with previous elections, the voter registration process was challenged by opposition political parties. However, significant transparency afforded the inspection of relevant data on the eligibility of citizens to vote. This increased cross-party confidence in the accuracy of voter lists, and addressed many of the complaints that had been submitted.

The competitive pre-referendum environment was marked by an active and generally peaceful campaign that ensured that voters across the country were well-informed of both viewpoints reflected by the referendum question. While both referendum options utilized extensive and well-planned media advertising campaigns and rallies, campaign activity tended to focus on door-to-door canvassing. The quality of the campaign benefited from a referendum options respected the right of the other to express an opinion, although there were a number of instances of negative campaigning and government involvement in the campaign of the pro-independence option. There were no reports of restrictions on fundamental civil and political rights.

Broadcast and print media provided voters with diverse views and enabled them to make informed choices between distinct alternatives. An effective regulatory framework for the campaign period contributed towards more balanced opportunities for equal coverage, with the public broadcast media offering equal free airtime to both referendum options. The public TVCG1 gave overall equal access to both campaigns but favoured to an extent pro-independence views in news coverage. Print media often showed partiality for either pro-independence or pro-union campaigns, and occasionally published inflammatory news-reports. Although there was no direct campaigning in the media during the pre-referendum silence period, many instances of indirect support of independence were noted.

Over fifty complaints were submitted to the RRC and/or to the public prosecutors before the referendum-day. Most complaints related to alleged problems with the voter register but some 20 claimed criminal acts, including pressure on employees, to vote in favour of independence or to not vote. One high-profile conviction resulted in the imprisonment of pro-independence activists for vote-buying activities. In general, the complaints resolution and appeals process worked effectively; however, during the post-referendum period the procedures proved to be more problematic. The transparency of the referendum was significantly strengthened by an active participation of civil society groups and domestic non-partisan observers.

Voter turnout on 21 May was at 86.5 per cent, reflecting high voter interest in the referendum. Polling on referendum day proceeded smoothly, with a generally calm atmosphere. International observers characterized the polling day proceedings as “very good” or “good” in more than 96 per cent of observation reports. The procedures for the counting of votes and tabulation of results were assessed in a similarly positive manner. Isolated cases of procedural irregularities were noted and in two instances, there were circumstances that indicated vote-buying schemes. Following the announcement of preliminary results, some 210 complaints were submitted by the pro-union bloc, the majority of which related to the voter register. All complaints were dismissed by the RRC using the casting vote of its chairperson.

Final results were announced on 31 May. With 55.5 per cent of valid votes being cast in favour of independence, the referendum was passed. The Montenegrin parliament acknowledged the decision of the referendum on 3 June and declared Montenegro to be independent.

The OSCE/ODIHR stands ready to continue its support for the efforts of Montenegrin authorities, political parties and civil society to further improve electoral practices in Montenegro.

Final report on the referendum on state-status in Montenegro, 21 May 2006