Comments on the Draft "Referendum Law on the State Status of the Republic of Montenegro"
The Office for Democratic Institutions and Human Rights (ODIHR) of the Organisation for Security and Co-operation in Europe (OSCE) has been requested by the Speaker of the Parliament to review and provide comments on the draft "Referendum Law on the State Status of the Republic of Montenegro" of 10 October 2001. The law is a lex specialis including 17 clauses, and is additional to the Referendum Law adopted on 19 February 2001, which was reviewed in detail by ODIHR in the Assessment published on 6 July 2001 (annexed herewith). Article 16 of the Draft Referendum Law on the State Status of the Republic of Montenegro specifically incorporates the provisions of the "Referendum Law (Official Gazette number 9/2001)" to apply "to the issues which are not regulated by this Law." This review should accordingly be read in conjunction with the Assessment of 6 July.
Assessment of the Draft Referendum Law for Conducting Referendum Elections in the Republic of Montenegro (FYR)
This assessment reviews and comments on the draft referendum law for conducting referendum elections in the Republic of Montenegro.1 This assessment is based on unofficial English translations of the following: (1) the draft law, consisting of forty (40) articles, (2) the current Referendum Law of the Republic of Montenegro (published in the Official Gazette of the Republic of Montenegro, No. 3/92 and as amended and published in the Official Gazette of the Republic of Montenegro, No. 7/92)2, (3) the Law on the Election of Councillors and Representatives of the Republic of Montenegro20003, (4) the Law on Registers of Electors of the Republic of Montenegro,4 (5) the Citizenship Law of the Republic of Montenegro5 1999, (6) Constitution of the Republic of Montenegro 1992, (7) Constitution of the Federal Republic of Yugoslavia 1992, and (8) Citizenship Law of the Federal Republic of Yugoslavia (published in the Official Gazette of the Federal Republic of Yugoslavia, No. 33/96). This assessment reviews and comments on the text of the draft law only, and should not be construed as an endorsement or recommendation for or against a referendum election in the Republic of Montenegro. Nor should this assessment be construed as a substantive approval or disapproval of any question that may be subsequently decided by a referendum election.