Referendum or popular consultation

Montenegro referendum on state-status, 2006

Montenegrins voted on 21 May 2006 on whether to become an independent state; 55.5% of valid votes favoured independence, clearing a threshold negotiated under EU mediation, and international observers assessed the process as in line with democratic standards.

The vote

Jurisdiction
Republic of Montenegro
Organising authority
Republican Referendum Commission (RRC) and 21 Municipal Referendum Commissions, observed by the OSCE/ODIHR-led International Referendum Observation Mission
Legal character
Legally bindingProvided for by a special referendum law (the Law on the Referendum on State Legal Status) adopted by the Montenegrin parliament on 1 March 2006, following a framework negotiated under EU mediation; the Constitutional Court dismissed a challenge asserting that a two-thirds parliamentary vote was additionally required.[1]
Geographical scope
Republic of Montenegro (21 municipalities)
Who could vote
Montenegrin or Serbian citizens aged 18 or older, permanently resident in Montenegro for at least 24 months.[1]
Question on the ballot
“Do you want the Republic of Montenegro to be an independent state with full international and legal personality?”
Reported results[2][3][1]. Percentages: share of valid votes.
OptionVotesOfficial %Calculated %
Independent Montenegro 230,711 55.5% 55.5%
Remain in the State Union with Serbia 184,954 44.5% 44.5%
Valid votes
415,665
Invalid votes
Not reported
Blank votes
Not reported
Total ballots cast
419,236
Registered electorate
484,718
Turnout
86.49%official figure

The OSCE/ODIHR final report gives valid "yes" and "no" vote totals (230,711 and 184,954, summing to 415,665 valid votes) and a total-votes-cast figure of 419,236 (86.49% of 484,718 registered voters); the difference between valid votes and total votes cast (3,571) represents blank or invalid ballots, not separately itemised in the source consulted.

Assessments of the vote

A declared result and an assessment of the vote’s legal effect or legitimacy are different claims. Each is attributed.

  • OSCE/ODIHR Referendum Observation Mission (2006) · Observer assessment

    The 21 May 2006 referendum on the state-status of the Republic of Montenegro provided its citizens with a genuine opportunity to determine the future course of Montenegro as an independent state...Overall, the referendum was conducted in line with OSCE and other international standards related to democratic electoral processes.[3]

Limitations and competing accounts

International observers assessed polling day positively (96.6% of visited polling stations rated "good" or "very good"), but noted isolated procedural flaws including improperly sealed ballot boxes (4% of visits), group voting (9%), and incorrect application of indelible ink (13%); in 42% of visited stations the results protocol was not immediately displayed, and a requirement to hand a marked ballot to a polling-board member for a control coupon to be removed was criticised as a risk to ballot secrecy.[4]

Immediate outcome

A majority for independence cleared both the turnout and qualified-majority thresholds; the Montenegrin parliament acknowledged the result on 3 June 2006 and declared Montenegro independent.[2][5]

What happened next

Montenegro declared independence on 3 June 2006. The Security Council recommended UN membership on 22 June and the General Assembly admitted Montenegro as its 192nd member on 28 June 2006.[6][7]

What happened

The referendum addressed "the long-standing issue as to whether Montenegro should be an independent state or remain in the State Union with Serbia," which had been established in 2002 as successor to the Federal Republic of Yugoslavia under a Constitutional Charter that placed a three-year moratorium on any independence referendum.[8] Facing a lack of domestic consensus on the conditions for a vote, the EU High Representative appointed a Special Envoy, Ambassador Miroslav Lajčák, to broker a framework agreed in February 2006, including the majority thresholds required for the referendum to pass.[1]

The special referendum law set two conditions for a valid decision in favour of independence: turnout of at least 50% of registered voters, and 55% of valid votes cast for the "yes" option.[1] The stipulated question was: "Do you want the Republic of Montenegro to be an independent state with full international and legal personality?"[8]

The OSCE/ODIHR deployed a Referendum Observation Mission of 29 experts and long-term observers from 28 March 2006, joined on referendum day by delegations from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the Congress of Local and Regional Authorities of the Council of Europe, and the European Parliament, forming an International Referendum Observation Mission of 365 short-term observers from 35 OSCE participating States.[3] The mission concluded that the referendum "was conducted in line with OSCE and other international standards related to democratic electoral processes," while noting shortcomings including a compressed and unclear timeframe for post-referendum complaints and instances of indirect government support for the pro-independence campaign.[3]

Of 484,718 registered voters, 419,236 (86.49%) cast a vote. Of valid votes, 230,711 (55.50%) were for independence ("yes") and 184,954 (44.50%) were for remaining in the state union ("no"), clearing both the turnout and the qualified-majority thresholds.[2] Final results were announced by the Republican Referendum Commission on 31 May 2006, after the resolution of post-referendum complaints from the pro-union bloc, all of which were rejected using the casting vote of the Commission's independent chairperson.[2]

Sources for this page

Each number marks a specific claim. Notes give the source, its locator and how it relates to the claim.

  1. 1.

    Claim: Facing a lack of political consensus on the conditions for the referendum, the EU High Representative appointed Ambassador Miroslav Lajčák as Special Envoy to lead negotiations; a framework agreed in February 2006 set a turnout requirement of at least 50% of registered voters and a qualified-majority requirement of 55% of valid votes for independence to be considered a valid decision, embodied in the special Law on the Referendum on State Legal Status adopted by the Montenegrin parliament on 1 March 2006; a constitutional challenge asserting a two-thirds parliamentary vote was additionally required was dismissed by the Constitutional Court shortly before the referendum.

    • OSCE Office for Democratic Institutions and Human Rights (ODIHR), Republic of Montenegro, Referendum on State-Status, 21 May 2006: OSCE/ODIHR Referendum Observation Mission Final Report (OSCE/ODIHR, 4 August 2006) link, Referendum context and Legal Framework, pp. 3-5. Source record
  2. 2.

    Claim: Of 484,718 registered voters, 419,236 (86.49%) voted in the 21 May 2006 referendum. Of valid votes, 230,711 (55.50%) were cast for independence and 184,954 (44.50%) for remaining in the state union, meeting both the turnout and qualified-majority thresholds; final results were announced by the Republican Referendum Commission on 31 May 2006.

    • OSCE Office for Democratic Institutions and Human Rights (ODIHR), Republic of Montenegro, Referendum on State-Status, 21 May 2006: OSCE/ODIHR Referendum Observation Mission Final Report (OSCE/ODIHR, 4 August 2006) link, Announcement of Results and Post-Referendum Developments, and Annex A. Source record
  3. 3.

    Claim: The OSCE/ODIHR Referendum Observation Mission, joined by delegations from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the Congress of Local and Regional Authorities of the Council of Europe and the European Parliament to form an International Referendum Observation Mission of 365 short-term observers from 35 OSCE participating States, concluded that "the 21 May 2006 referendum on the state-status of the Republic of Montenegro provided its citizens with a genuine opportunity to determine the future course of Montenegro as an independent state...Overall, the referendum was conducted in line with OSCE and other international standards related to democratic electoral processes." Attributed to OSCE/ODIHR Referendum Observation Mission

    • OSCE Office for Democratic Institutions and Human Rights (ODIHR), Republic of Montenegro, Referendum on State-Status, 21 May 2006: OSCE/ODIHR Referendum Observation Mission Final Report (OSCE/ODIHR, 4 August 2006) link, Executive Summary, p. 1. Source record
  4. 4.

    Claim: International observers rated polling procedures "good" or "very good" in 96.6% of visited polling stations, but recorded isolated procedural flaws including improperly sealed ballot boxes (4% of visits), group voting (9%), incorrect application of indelible ink (13%), and a failure to immediately display the results protocol in 42% of stations; a requirement for voters to hand a marked ballot to a polling-board member so a control coupon could be removed was criticised as a risk to ballot secrecy.

    • OSCE Office for Democratic Institutions and Human Rights (ODIHR), Republic of Montenegro, Referendum on State-Status, 21 May 2006: OSCE/ODIHR Referendum Observation Mission Final Report (OSCE/ODIHR, 4 August 2006) link, Polling on Referendum Day, pp. 16-18. Source record
  5. 5.

    Claim: The chairperson of the Republican Referendum Commission formally submitted the official referendum results at a special session of the Montenegrin parliament on 3 June 2006, at which parliament voted to acknowledge that the result meant Montenegro was an independent state that would seek full international and legal personality; representatives of the pro-union bloc did not attend the session.

    • OSCE Office for Democratic Institutions and Human Rights (ODIHR), Republic of Montenegro, Referendum on State-Status, 21 May 2006: OSCE/ODIHR Referendum Observation Mission Final Report (OSCE/ODIHR, 4 August 2006) link, Announcement of Results and Post-Referendum Developments, p. 19. Source record
  6. 6.

    Claim: On 22 June 2006 the Security Council, having examined the Republic of Montenegro's application for UN membership (S/2006/409), recommended to the General Assembly that it be admitted.

    • United Nations Security Council, Security Council resolution 1691 (2006) (United Nations, 22 June 2006) link, operative paragraph. Source record
  7. 7.

    Claim: The UN General Assembly decided to admit the Republic of Montenegro to membership in the United Nations at its 91st plenary meeting on 28 June 2006, following the Security Council's recommendation of 22 June 2006; Montenegro became the 192nd UN member state.

    • United Nations General Assembly, General Assembly resolution 60/264: Admission of the Republic of Montenegro to membership in the United Nations (United Nations, 28 June 2006) link, operative paragraph and meeting note. Source record
  8. 8.

    Claim: The 21 May 2006 referendum addressed whether Montenegro should be an independent state or remain in the State Union of Serbia and Montenegro, established in 2002 as successor to the Federal Republic of Yugoslavia under a "Belgrade Agreement" whose Constitutional Charter placed a three-year moratorium on either member holding an independence referendum; the stipulated referendum question was "Do you want the Republic of Montenegro to be an independent state with full international and legal personality?"

    • OSCE Office for Democratic Institutions and Human Rights (ODIHR), Republic of Montenegro, Referendum on State-Status, 21 May 2006: OSCE/ODIHR Referendum Observation Mission Final Report (OSCE/ODIHR, 4 August 2006) link, Referendum context, p. 3. Source record

Source note

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