OSCE/ODIHR final report on referendum in former Yugoslav Republic of Macedonia recommends harmonizing legal framework to provide clarity to campaign and media rules

The final report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on the 30 September 2018 referendum in the former Yugoslav Republic of Macedonia recommends revising and harmonizing the legal framework to provide clarity to referendum campaign rules, including campaign finance and media obligations.

The report, published on 21 January 2019, also recommends prioritizing the ongoing development of a permanent register of addresses to improve the inclusiveness and accuracy of the voter list, and removing restrictions on suffrage based on mental or intellectual disability.   

The report states that the State Election Commission administered the referendum impartially, generally meeting legal deadlines, and conducted an enhanced voter education campaign, in line with prior ODIHR recommendations.

There were no restrictions on fundamental rights associated with the campaign, which was active and peaceful across the country, the report notes. However, the absence of clear campaign and campaign finance rules led to confusion among stakeholders. To enhance the transparency of campaign finance, the report recommends revising the referendum legislation to clarify the use of public funding, as well as requirements for disclosure, auditing and sanctions.

In the absence of an active “against” campaign or organized “boycott” campaign, the media struggled to provide balanced coverage, but did convey extensive information and diverse views to voters, the report notes. The report recommends the revision of the referendum legislation to guarantee the equality of opportunity in media coverage of the campaign.

The report notes that the State Election Commission accredited international and citizen observers in an inclusive process; however, to further enhance transparency, it recommends that legislation provide for partisan observation of the referendum process, and that accreditation badges of all observers identify the organization they represent.

For referendum day observation, ODIHR was joined by the Parliamentary Assembly of the Council of Europe.