OSCE/ODIHR final report on former Yugoslav Republic of Macedonia’s municipal elections recommends continued and inclusive electoral reform

In its final report on the October 2017 municipal elections in the former Yugoslav Republic of Macedonia the OSCE Office for Democratic Institutions and Human Rights (ODIHR) recommends further review of the legal framework. The report, published on 19 January 2018, adds that such a review should be conducted in a public procedure, after a broadly inclusive public consultation and sufficiently in advance of the next election.

Amendments made to the Electoral Code in recent years addressed a number of recommendations provided by the OSCE/ODIHR and the Council of Europe. However, shortcomings remain, including undue restrictions on independent candidate registration and limited rights for legal redress, says the report. It also notes that a late revision of the Electoral Code relating to the composition of the State Election Commission (SEC) challenged the stability of the electoral process, which is at odds with international good practice.

Noting concerns that the SEC often approved and amended regulations during the electoral period, at times on a last-minute or retroactive basis, the report recommends that the SEC maintain a stable regulatory framework and refrain from amending the rules during an electoral period, except to address emergency matters. In addition, the report recommends that the SEC ensure that applicable rules are not contrary to or inconsistent with the Electoral Code.

The report also points out that only persons with a registered address in the respective municipality and a valid identification card or a biometric passport were included in the voter register. This effectively disenfranchised eligible voters whose identification documents had expired or were due to expire in the run-up to election day and who were not able to renew them before the list was finalized. The report recommends that the Electoral Code be revised to include all eligible voters in the voter lists, regardless of the validity of their identification documents. Another recommendation is to remove limitations on voting rights on the basis of legal incapacity, while providing necessary support mechanisms to exercise the right to vote, in line with international obligations.

The report notes persistent allegations, some of them credible, of pressure on voters, intimidation and vote-buying by different parties, as well as misuse of state resources, throughout the campaign. It recommends that all such instances and allegations be thoroughly and effectively investigated and prosecuted by authorities in a timely manner.  

While a number of aspects of media coverage of election campaigns have improved, the report recommends revising legal requirements to permit more equitable access to public media for smaller parties and independent candidates, as well as preserving the balance between the principle of equal opportunities among contestants, a pluralism of views and journalistic freedom.

Other recommendations include establishing mechanisms to provide for effective redress, online publication of results protocols and the establishment of detailed procedures for their correction.    

The final report follows two statements of preliminary findings and conclusions issued by ODIHR after each round of elections, the first one jointly with the Congress of Local and Regional Authorities of the Council of Europe.