OSCE Mission concerned about developments in Serbian Parliament
BELGRADE, 2 December 2005 - The OSCE Mission to Serbia and Montenegro today issued the following statement:
"The OSCE Mission to Serbia and Montenegro is concerned by a number of recent developments in and surrounding the National Assembly of the Republic of Serbia that serve to weaken confidence in the credibility of the institution and its commitment to democratic parliamentary and constitutional principles.
The Mission wishes to underline in particular the principle confirmed by the Constitutional Court of the Republic of Serbia that, while deputies in the National Assembly are elected on the basis of party lists, each mandate is taken up and exercised by an individual.
Members of the Assembly are under no legal obligation to adopt political positions or vote as instructed by any party. Their mandates may be revoked only in accordance with legal procedures when they have voluntarily chosen to resign or become ineligible for some other legal reason.
Decisions concerning the revocation of a mandate are serious matters affecting the democratic process. They should be taken even-handedly by the relevant bodies with maximum transparency, affording full rights to the individuals concerned to express their views. Such decisions should reflect consistent application of relevant legislation and rules and should not be taken on a narrow partisan political basis.
In cases where disputes arise concerning the interpretation of legal provisions relating to the mandates of elected representatives, particularly in the highest deliberative body in the republic, such matters may appropriately be appealed to the courts. While respecting judicial independence, the Mission would urge the relevant courts in all such cases of national importance to act promptly, decisively and with full respect for democratic constitutional norms in resolving such disputes.
The Mission also wishes to recall its view that, while majorities have an obligation to respect legal norms and established procedures, non-participation in parliamentary institutions by any deputy or group of deputies is generally not the best way to represent the views and interests of constituents.
Participation by a diverse membership strengthens the representative nature of the parliamentary institutions, broadens the range of expertise and input into the legislative process, and increases the possibility of developing coalitions or consensus on matters of national importance.
The Mission is also concerned by reports that in some cases financial incentives have been offered to affect the political affiliation or votes of National Assembly deputies. While recognizing that these allegations are currently under investigation, the Mission calls on all political forces, and in particular all elected representatives, to uphold the highest ethical standards.
Finally, the Mission believes that improvement in election legislation in the Republic of Serbia may be necessary to strengthen the democratic functioning of representative institutions in the country".