Montenegro is still far from the model by which the Central Election Commission in Bosnia and Herzegovina fines political parties and candidates for violation of election rules and official campaigns, for which the legal framework should first be changed or the capacities of the Agency for the Prevention of Corruption (ASK) should be strengthened, because she is currently responsible for that area.
This was assessed by the interlocutors of "Vijesti" in response to the question of whether competent Montenegrin institutions, such as the State Election Commission (SEC), should have the possibility, like the Central Election Commission (CEC) of Bosnia and Herzegovina, to fine parties for official campaigns and violations election rules.
The President of the State Electoral Commission (SEC) Nikola Mugoša told "Vijestma" that it seems that this answer should be given by the Committee for Electoral Reform, that is, in the final Parliament of Montenegro.
"Deputies will have the last word in relation to the eventual change of competences of state institutions that have their role in the electoral process".
Mugoša said that it is true that the CEC of BIH has this competence, but on the other hand, it also has much greater personnel and technical capacities compared to the SEC, which has a total of 11 employees in the Professional Service.
"Besides this significant difference, the legislator decided to entrust the control of the financing of political entities and election campaigns to the Agency for the Prevention of Corruption. In this sense, and here I am expressing my personal opinion, I believe that the solution to this issue should be channeled in the direction of strengthening the capacity of KAS", Mugoša assessed.
On the eve of the last local elections, the Central Election Commission of Bosnia and Herzegovina fined parties and candidates hundreds of thousands of euros for violating election rules, including the ban on official campaigns. Official campaigning refers to the use of public resources or positions in government for the purpose of promoting a political party or candidate during an election campaign.
The Central Election Commission of BiH has mechanisms for monitoring the election process and can impose various sanctions such as fines or disqualification of candidates, depending on the severity of the violation.
Nikola Obradović, a program associate at the Center for Civic Education (CEO), said that in that NGO, they believe that the primary problem of the official campaign in Montenegro is that it is not clearly and adequately regulated by law, because there are no mechanisms to process it as it should be. a deterrent for political parties.
"Thus, we had school examples of misuse of public resources and non-transparency, both with the current and previous governments, and that this went unpunished and practically became an integral, pre-planned part of election campaigns, while in the recently held elections in Podgorica has reached unprecedented proportions, which is best illustrated by the presentation of the Government's project for the construction of the Velje Brdo settlement," Obradović pointed out.
He emphasized that it is necessary to suppress official campaigning in order to ensure fair election conditions, and this includes its clear definition in election laws, with accompanying concrete and very strict sanctions, especially financial sanctions.
"Such an approach would contribute to the creation of a healthier political environment in the country and a more truly competitive election game".
Answering the question of how the problem of official campaigning in Montenegro could be solved/alleviated and how it is represented, Obradović said that these are first of all legal reforms, i.e. changes to the Law on the Financing of Political Entities and Election Campaigns, with a precise definition of the term official campaigns and establishment of the border between public and party interest.
"Now we have inert or out-of-date institutions when it comes to sanctioning official campaigns, which also indicates a lack of political will to adequately address this problem. "Certainly, one of the potential solutions in sanctioning the official campaign is to give greater powers to the KAS, noting that this institution can hardly function within the existing legal framework, because it does not deprive it of harmful political influence," said Obradović.
During the campaign for the recent local elections, the Central Election Commission of BiH issued several hundred thousand convertible marks fines to political parties and candidates for premature election campaign, abuse of children for political purposes or hate speech.
In Montenegro, there were many examples in which state and local officials, on the eve of the Podgorica elections, try to provide an advantage to the political actors they represent, especially before the elections in Podgorica on September 29.
Since July 27, when those elections were announced, there have been dozens of such examples - tender announcements, ribbon cuttings, project announcements... the actors of which are the highest state officials, ministers, leaders of Podgorica, directors of city enterprises... Some of them during the rule of the Democratic Party of Socialists (DPS), they sharply criticized that practice.
One of the most active in the official campaign is Prime Minister and head of the Europe Now Movement (PES) Milojko Spajić. He had four media conferences/presentations during the month, from August 21 to September 21, where he announced major infrastructure and housing projects.
First, he promised that the Government would, in the next five to seven years, complete 18 sections of highways and expressways through the country, 480 kilometers long and worth eight billion euros, then he announced the tender for the conceptual design of the ring road around Podgorica, then he presented the boulevard project Vojislavljević in the capital, and then announced the construction of a new settlement on Velje brdo in Podgorica, saying that those who do not have an apartment will be able, through this project, to get one under favorable conditions.
Even the head of state, Jakov Milatović, did not shy away from official campaigns. He and Podgorica Deputy Mayor Luka Rakčević (Civil Movement URA) visited the Podgorica firefighters at the beginning of August. This happened a day after it was reported that Milatović is gathering an alliance that should include Rakčević's party, among others, and that the deputy mayor of Podgorica could lead it in the elections. Soon after that, it was made official. ASK initiated proceedings against Milatović and Rakčević due to another case, when they participated in the campaign during working hours. His call for citizens to go to the polls, recorded in the president's office, was published on the YouTube channel of the list that bore his name.
The mayor of Podgorica, Olivera Injac (PES), also abused her position for pre-election purposes. Among other things, she made a decision on free city transport in the month of the election, with the Director of the Traffic Administration Radomir Vuksanović, she announced the tender for the construction of Vojislavljević Boulevard, and with the Director of KCCG, Aleksandar Radović, she signed an agreement on business and technical cooperation between that institution and the Capital City. ...
PES justified the decision on free transportation by saying that it cannot be tied to elections, that "it was set up that way" and that the Day of Mobility cannot be changed.
The Agency for the Prevention of Corruption (ASK) found that the capital city of Podgorica violated the Law on the Financing of Political Entities and Election Campaigns by passing a decision on free transportation in the month of local elections. The mayor was fined 200 euros, but announced that she would appeal to the Administrative Court.
In Bosnia, punishments for glorifying war criminals and insulting LGBT people in the campaign
The Central Election Commission of Bosnia and Herzegovina fined, for example, the Alliance of Independent Social Democrats (SNSD), whose president is Milorad Dodik, with 8.000 KM (approximately 4.000 euros) for abusing children for political purposes, and an additional 8.000 for being in Doboj, the day before the start of the pre-election campaign, placed posters in front of the handball hall, which, as it was said, led a premature campaign.
According to local media reports, the SNSD was fined 5.000 KM because of Dodik and his party member Ljuba Ninković, that is, their statements. It was established that Dodik and Ninković insulted members of the LGBT community during a pre-election rally by talking about a political party and the City Council of Banja Luka. Ninković himself was fined 7.000 KM.
The candidate for mayor of Kalinovik in front of the opposition Party of Democratic Progress of the mayor of Banja Luka Draško Stanivuković, Vlado Sladoje, was fined 20.000 KM for glorifying the war criminal Ratko Mladić during the election campaign. CiK also fined his party 3.000 KM.
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