An independence referendum was held in Montenegro on 21 May 2006. It was approved by 55.5% of voters, narrowly passing the 55% threshold. By 23 May, preliminary referendum results were recognized by all five permanent members of the United Nations Security Council, suggesting widespread international recognition if Montenegro were to become formally independent. On 31 May the referendum commission officially confirmed the results of the referendum, verifying that 55.5% of valid votes were in favor of independence. Because voters met the controversial threshold requirement of 55% approval, the referendum was incorporated into a declaration of independence during a special parliamentary session on 31 May. The Assembly of the Republic of Montenegro made a formal Declaration of Independence on Saturday, 3 June, leading to the dissolution of Serbia and Montenegro.
In response to the announcement, the government of Serbia declared itself the legal and political successor of Serbia and Montenegro, and that the government and parliament of Serbia itself would soon adopt a new constitution. The United States, China, Russia, and the institutions of the European Union all expressed their intentions to respect the referendum's results.
Constitutional background
The process of secession was regulated by the Constitutional Charter of Serbia and Montenegro adopted on 4 February 2003 by both Councils of the Federal Assembly of the Federal Republic of Yugoslavia, in accordance to the 2002 Belgrade Agreement between the governments of the two constitutive republics of the state then known as the Federal Republic of Yugoslavia, Montenegro and Serbia. Article 60 of the constitution required that a minimum of three years pass after its ratification before one of the member states could declare independence. The same article specified a referendum as necessary for this move. However, this constitution allowed member states to define their referendum laws.
It is also specified that the member state that secedes first forfeits any rights to political and legal continuity of the federation. This means that the seceding state (in this case the Republic of Montenegro) had to apply for membership to all major international institutions, such as the United Nations, and be recognized by the international community, and that the remaining state (in this case the Republic of Serbia) became the full successor to the state union with the exclusive right to inherit old memberships in international organizations. Additionally, the constitution clarified that United Nations Security Council Resolution 1244 would apply exclusively to Serbia if Montenegro seceded. No state objected to recognizing a newly-formed state prior to the referendum. If Serbia had declared independence instead of Montenegro, Montenegro would have been the legal successor state.
Legal procedure
According to the Montenegrin Constitution, state status could not be changed without a referendum proposed by the President to the Parliament. The Law on the Referendum on State Legal Status was first submitted by President Filip Vujanović, and it was unanimously passed by the Montenegrin Parliament on 2 March 2006. Apart from formulating the official question to be printed on the referendum ballot, the law also included a three-year moratorium on a repeat referendum, such that if the referendum results had rejected independence, another one could have been legally held in 2009.
The Referendum Bill obliged the Parliament, which introduced the referendum, to respect its outcome. It had to declare the official results within 15 days following the voting day, and act upon them within 60 days. The dissolution of Parliament was required upon the passage of any bill proposing constitutional changes to the status of the state, and a new Parliament was required to convene within ninety days. For such changes to be enacted, the new Parliament was required to support the bill with a two-thirds majority.
The newly independent country of Serbia, which is the successor state to the state union of Serbia and Montenegro, while favoring a loose federation, stated publicly that it would respect the outcome of the referendum and not interfere with Montenegrin sovereignty.
Controversies
There was considerable controversy over suffrage and needed result threshold for independence. The Montenegrin government, which supported independence, initially advocated a simple majority, but the opposition insisted on a certain threshold below which the referendum, if a "yes" option won, would have been moot.
European Union envoy Miroslav Lajčák proposed independence if a 55% supermajority of votes are cast in favor with a minimum turnout of 50%, a determination that prompted some protests from pro-independence forces. The Council of the European Union unanimously agreed to Lajčák's proposal, and the Đukanović government ultimately backed down in its opposition. Milo Đukanović, Prime Minister of Montenegro, however, promised that he would declare independence if the votes passed 50%, regardless of whether the threshold was passed or not. On the other hand, he also announced that if less than 50% voted for the independence option, he would resign from all political positions. The original pursuit of Milo Đukanović and the DPS-SDP was that 40% voting in favour of statehood be a sufficient percentage to declare independence, but this caused severe international outrage before the independentists proposed 50%.
Another controversial issue was the referendum law, based on the constitution of Serbia and Montenegro, which stated that Montenegrins living within Serbia registered to vote within Serbia should be prohibited from voting in the referendum because that would give them two votes in the union and make them superior to other citizens. The agreement threshold between the two blocs for 55% was also somewhat criticised as overriding the traditional practice of requiring a two-thirds supermajority, as practiced in all former Yugoslav countries before, including the previous referendum in Montenegro.
Positions
Pro-independence
- Democratic Party of Socialists (DPS)
- Social Democratic Party (SDP)
- Civic Party of Montenegro (GP)
- Liberal Party of Montenegro (LP)
- People's Concord of Montenegro (NSCG)
- Democratic Union of Albanians (DUA)
- Bosniak Party (BS)
- Croatian Civic Initiative (HGI)
- Movement for Independent European Montenegro
- Civic Forum Nikšić
- Democratic Community of Muslims Bosniaks in Montenegro.
The pro-independence camp mainly concentrated on history and national minority rights. Montenegro was recognized as an independent country in 1878 Congress of Berlin. Its independence was extinguished in 1918 when its assembly declared union with Serbia to form the Kingdom of Slovenes, Croats and Serbs. The minor ethnic groups are promised full rights in an independent Montenegro, with their languages being included in the new Constitution.
The camp's leader was Prime Minister of Montenegro Milo Đukanović.
Pro-union
- Socialist People's Party (SNP)
- People's Party (NS)
- Democratic Serb Party (DSS)
- Serb People's Party (SNS)
- People's Socialist Party (NSS)
- Party of Serb Radicals (SSR)
The Unionists' campaign slogans were Montenegro is Not for Sale! and For Love - Love Connects, Heart says no!.
The Unionist Camp or "Bloc for Love", Together for Change political alliance's campaign relied mostly on the assertion and support of the European Union, and pointing out essential present and historical links with Serbia. They criticized that the ruling coalition was trying to turn Montenegro into a private state and a crime haven. Its campaign concentrated on pointing out "love" for union with Serbia. 73% of Montenegrin citizens had close cousins in Serbia and 78% of Montenegrin citizens had close friends in Serbia. According to TNS Medium GALLUP's research, 56.9% of the Montenegrin population believed that if union with Serbia was broken, the health care system would fall apart. 56.8% believed they would not be able to go to schools in Serbia anymore and 65.3% thought they would not be able to find a job in Serbia as they intend to.
They used European Union flags, Slavic tricolors (which were also the official flag of the State Union of Serbia and Montenegro), and Serb Orthodox tricolors.
The key camp's leader was opposition leader Predrag Bulatović.
Neutral
- Movement for Changes (PzP)
- Democratic League in Montenegro (DS)
- New Democratic Force (FORCA)
The Movement for Changes, although de facto supporting independence, decided not to join the pro-independence coalition, on the arguments that they considered the independentists as largely made of 'DPS criminals', and that the bloc is an "Unholy Alliance" gathered around a controversial Prime Minister Milo Đukanović, seen by these party officials as an obstacle to complete democracy in Montenegro.
A similar stance was taken by the ethnic Albanian Democratic League in Montenegro, which called the Albanians of Montenegro to boycott the referendum. Regardless, most ethnic Albanians voted for independence.
Opinion polls
Polling throughout the campaign was sporadic, with most polls showing pro-independence forces leading but not surpassing the 55% threshold. Only in the later weeks did polls begin to indicate the threshold would be passed.
Conduct and international influence
Irregularities
On 24 March 2006, a nine-minute video clip was aired that shows two local Democratic Party of Socialists of Montenegro activists from the Zeta region, Ranko Vučinić and Ivan Ivanović, along with a former member of the secret police, Vasilije Mijović, attempting to bribe a citizen, Mašan Bušković, into casting a pro-independence vote at the upcoming referendum. In the video clip, they were seen and heard persuading Bušković to vote for independence, promising to pay off his electric bill of €1,580 in return.
When the video was publicized, two DPS activists claimed they were victims of manipulation and that Vasilije Mijović talked them into doing so. Mijović denied those claims, saying the video had been authentic. DPS spokesperson Predrag Sekulić claimed the video was "a montage" and "a cheap political setup." On the other hand, Mašan Bušković – the target of the alleged attempted bribe – said the video is authentic and that it portrays events exactly as they occurred.
Public workers, such as teachers and police officers, were subject to pressure from their employers to vote for independence. The DPS chief whip, Miodrag Vuković, alluded to this in May 2006 when he said one "cannot work for the state and vote against it."
In 2007, Jovan Markuš with the help of unionist parties published a 1,290-page document called Bijela Knjiga (lit. 'White Book'), recording irregularities from the referendum.
International lobby
According to an investigation supported by the Puffin Foundation Investigative Fund in 2008, The Nation reported that Milan Roćen authorized a contract with Davis Manafort Inc, a consulting firm founded by Rick Davis, and that the firm was paid several million dollars to help organize the independence campaign. Election finance documents did not record any exchanges with Davis Manafort, although the claims of the payments were backed by multiple American diplomats and Montenegrin government officials on the condition of anonymity.
In early May 2006, Davis invited Nathaniel Rothschild to participate in the campaign after the unionist bloc suggested Montenegrin students studying in Serbia would lose scholarship benefits if Montenegro seceded. Rothschild promised to commit $1 million to Montenegrin students studying in Serbia if they were to lose their scholarship benefits in the event of Montenegrin secession.
Almost one decade later, Paul Manafort revealed during his trials that he had been hired by Oleg Deripaska to support the referendum in Montenegro. In a discussion with Radio Free Europe in 2017, Branko Lukovac, a former campaign chief for the independence bloc, claimed that he was not aware of a contract with Manafort, but acknowledged the following:
We in America had especially strong support and a group of friends on top with former presidential candidate Bob Dole, who contributed in Congress, Senate, State Department, and further circles, we even had access to Colin Powell...to support our movement to independence.
Dole had been paid a sum of $1.38 million by the Montenegrin government for lobbying between 2001 and 2008. Lukovac denied any contract with either Manafort or Deripaska, claiming that Russian President Vladimir Putin told his campaign that "he'd prefer to for us to stay in the state union Serbia and Montenegro rather than separate, but if that is what is democratically defined by the majority of Montenegrin citizens, that they [Russia] would support that."