Although there are various announcements from the Board of Presidents of the Parliament to change the laws relating to the electoral process, that will not be implemented before the big local elections in the Spring of 2014, it is clear that the implementation of the key amendments of the law that prevents vote buying – Law on financing political parties can and must begin before the local elections on the Spring.
In fact, there are the amendments to the Law on financing political parties, which are based on suggestion of MANS, those that provide jurisdiction and specific mechanisms of the State Election Commission to prosecute any misuse of public money and authorities that have been used until now by ruling DPS officials for brutal vote buying of Montenegrin citizens.
During previous electoral processes in many cases vote buying was proven through special social payments and other benefits, employment in state institutions and municipalities, providing loans and grants, debt forgiveness for electric utilities, tax, and through many other mechanisms that are over the state apparatus officials of the ruling DPS had in their hands.
Beside the fact that the amendments to the Law on financing political parties that are in front of the members of the collegium provide clear responsibilities and mechanisms to DIK to sanction those responsible for abuse of the state resources and authority for the purpose of the election campaign, this law as well additionally expands the range of prohibited behaviors during the election campaign, and that on the basis of what so far was identified in practice. Moreover, the amendments of the Law provide and the additional obligation to the state entities that for the period of the election campaign proactively publish all relevant information about spending of state money and employment process, which election process alone makes more transparent, and at the same time makes it possible to all interested subjects in society, including NGOs and media, to monitor whether the state funds and authorities are misused, actually whether the votes are bought on the field.
For that reason, it is necessary that the amendments to the Law on financing of political parties are adopted in the shortest time and to come into effect before the following elections, because only in this way is possible to secure somewhat equal and fair electoral process.
It is especially important that the amendments to the Law on financing political parties are adopted and in force in the short time, because the citizens of Podgorica, as the largest municipality, even now can witness about numerous abuses of the state and local resources and authorities for the purpose of the election campaign in the Spring. If the Parliament urgently does not give an answer on the actions like this by adopting the amendments to the Law on financing political parties, there is no doubt that the amount of abuses will drastically increase as the elections are getting closer.
Certainly the adoption of the amendments to this Law for the Parliament is much easier that the others, because the Collegium of the Presidents clearly has finished text, whose solutions are positively graded by the European experts from TAIEX mission, and at the same time those law changes until now are supported all parliamentary groups excluding ruling DPS. As well, for the implementation of this law any preparation work is not needed, which supports the fact that it is necessary to be adopted soon as possible and initiate its application.
For that reason, we call the President of the Parliament as well as all members of the Collegium, to give the absolute priority to the amendments to the Law on financing political parties, and that no later then February 10th this Law send to the Parliamentary procedure so this law is adopted and it comes into the force before the local election in the Spring of 2014.
Also, immediately after release in the procedure the amendments to the Law on financing political parties, which are an absolute priority, the Collegium should identify the solutions from other laws that are applicable before the local elections, and then these laws to consider and adopt as soon as possible.
Certainly, some of the most important decisions of other laws that are currently applicable and do not require special preparation is a requirement that information about voting by mail are submitted to the election commission before the start of the election, in order to establish the rules in this field. The last elections in Ulcinj confirmed that the additional regulation of this area is necessary, if the purpose is to secure public trust in the electoral process, but also in its legitimacy. Exactly that is envisioned by the amendments to the Law on the Election of Councillors and Representatives that Collegium also considers.
Once again we invite the Collegium to urgently consider and refer to parliamentary procedure the amendments to the Law on financing political parties, and then the other laws in order to secure legal framework for the elections on the Spring, without misuse of public money and vote buying by those who have trumps in their hands. Otherwise, there is a question of the purpose of election during which one party controls all power trumps and freely abuses them in order to obtain a large numbers of votes.
Vuk Maras,
Director of Monitoring Program
