http://www.guardian.co.uk/print/0,,329421483-106710,00.html

Montenegro fights to change rules for independence vote

· EU says referendum needs 55% majority to be valid
· Serbian nationalists warn of war if split approvedIan Traynor in Belgrade
Monday February 27, 2006


GuardianMontenegro's campaign for independence from Serbia is being
complicated by Brussels, which is warning the tiny republic that
independence will not be recognised by the EU unless it accepts voting
conditions set by Brussels.

In a decision that has outraged analysts, Javier Solana, the EU's
foreign policy chief, is insisting that for it to be valid, at least
55% of voters casting ballots must opt for independence. EU foreign
ministers are expected to bless the Solana proposal today.

The Montenegrin government, firmly committed to independence, spent
the weekend lobbying furiously for the Brussels terms to be changed.
Cristina Gallach, Mr Solana's spokeswoman, said: "The European Union
fully supports the initiative," and called on the government to end
its opposition.

Critics say that the terms imposed by Brussels are more exacting than
those practised mostly within the EU itself. Sweden or Malta would not
be EU members if the same conditions had been applied to their
membership referendums. The Montenegrin prime minister, Milo
Djukanovic, who has been leading the pro-independence campaign for
years, is confident he can win the vote, which is expected in April or
May.

Serbian nationalists and the Serbian government are strongly opposed
to Montenegro splitting off, although the loose union linking Serbia
and Montenegro is widely viewed as utterly dysfunctional. But the
independence issue is highly divisive and could turn ugly. Serbian
nationalists within Montenegro are warning of a civil war.

The EU is telling Mr Djukanovic that the vote will be viewed as
invalid and independence illegitimate unless he accepts Mr Solana's
terms. The EU is also expected to order the Organisation for Security
and Cooperation in Europe, the main democracy watchdog, not to monitor
the vote unless it is conducted on Mr Solana's terms.

"There will be huge pressure on the OSCE to consider it an
illegitimate referendum," referendum," said a western diplomat
monitoring the dispute in Belgrade. Another diplomat said: "Djukanovic
can legally and morally go ahead with the law they've got." But the
small country of only 600,000 will find it extremely difficult to
resist the pressure from Brussels. "It's outrageous. The scenario is
for a real mess of Brussels' own making," said Nicholas Whyte, Europe
programme director at the International Crisis Group thinktank in
Brussels.

The Venice Commission, a Council of Europe body whose recommendations
on democratic governance are regarded as authoritative, said in a
study in December that Montenegro's referendum law - requiring a
straight majority result on a turnout of at least half the electorate
- was entirely acceptable and in line with good European practice. Mr
Solana appointed a Slovak diplomat to mediate because the two sides of
the argument in Montenegro could not agree on the referendum rules.

Opinion polls in Montenegro show a 55-45 split in favour of
independence, but Mr Djukanovic clearly feels he could narrowly lose a
vote conducted on Brussels' terms. Instead, he is proposing adopting
the Danish model for referenda, whereby 40% of the electorate must
vote in favour for the referendum to be valid. He thinks he can
guarantee 41% of the electorate to his side. "Montenegro is so small,
that the Djukanovic people know exactly how everyone is going to
vote," said Braca Grubacic, a Belgrade analyst.

The vote could bring an 8-9% majority for independence on a high
turnout and still be invalid under the Solana rules, analysts pointed
out, adding that Brussels would then have to deal with a crisis it had
created.

"The EU formula contains a virus dangerous for stability," said Mr
Djukanovic. "The formula harms basic democratic principle. The
decision should belong to the majority, not the minority."



---------------------------
Montenegro's ruling party accepts EU referendum standards
http://www.serbianna.com/news/2006/01327.html

Montenegrin PM confident in winning majority in independence vote
http://www.serbianna.com/news/2006/01321.html
----------------

http://www.nytimes.com/2006/02/27/international/europe/27montenegro.html?pagewanted=print

NY Times
International Home

February 27, 2006
Coming in May: A Possible Balkan Divorce
By NICHOLAS WOOD


BELGRADE, Serbia, Feb. 26 — The European Union's chief foreign policy
envoy, Javier Solana, in a statement on Sunday, urged Montenegro's
independence movement to accept proposals intended to shape a
referendum on its future.

Montenegro, the small Balkan republic that was once part of Yugoslavia
and now remains in an uneasy federation with the much larger Serbia,
is planning to hold a vote in mid-May that could lead to its becoming
an independent state.

How the referendum is conducted is widely seen as critical to the
stability of the region, with Western officials fearing that a
disputed outcome could lead to unrest, or a possible movement to split
the mountainous country geographically.

Mr. Solana, and his envoy to the region, Miroslav Lajcak of Slovakia,
have urged Montenegro's pro-independence government and its
opposition, which wants to remain in the union with Serbia, to agree
on clear rules ahead of the vote. The envoys have suggested that the
country be allowed to secede from the federation if 55 percent of
voters choose independence and 50 percent of the electorate take part
in the vote.

In the statement issued Sunday, Mr. Solana's office urged the
Montenegrin government to follow the opposition's example. "A similar
decision by the government coalition would allow the referendum
process to begin immediately, under the best auspices and with the
full backing of the European Union," said Cristina Gallach, Mr.
Solana's spokeswoman.

It was Mr. Solana who brokered a new constitution in 2003 between
Serbia and Montenegro, bringing a formal end to the Yugoslav
federation. The 2003 agreement provided for the possibility of a
referendum this year.

On Saturday, Montenegro's opposition parties agreed to back the
European proposals. A meeting of European foreign ministers in
Brussels is expected to endorse the recommendations on Monday.

But the Montenegrin government has indicated that it is against the
guidelines. It wants the secession vote to be valid if 41 percent of
eligible voters cast their ballots. It is not clear whether it would
accept the 55 percent requirement or whether it would press for
approval by a simple majority of those who vote.

With opinion polls indicating a narrow margin of voters in favor of
separation from Serbia, the Montenegrin government is concerned that
the Europeans' proposed guidelines would give the pro-Serb minority an
unfair hold over the republic.

"The decision belongs to the majority and not the minority," Prime
Minister Milo Djukanovic said Thursday, regional news agencies
reported. "The E.U.'s formula contains a virus that is dangerous to
the stability of society when it comes to the implementation of the
results."

The Montenegrin Parliament is expected to give its formal response to
the European Union's proposal on Wednesday.

Montenegro was internationally recognized as an independent state in
1878 but was absorbed into Yugoslavia at the end of the World War I.
Throughout the 1990's, when the federation still called itself
Yugoslavia, Montenegro set itself apart from Serbia's authoritarian
rule under Slobodan Milosevic, who is now on trial by the
international tribunal at The Hague.

However, after the fall of Mr. Milosevic from government in elections
in 2000, Mr. Djukanovic lost some Western support, notably over his
failure to crack down on organized crime like the trafficking in
cigarettes and people across the Adriatic Sea to Italy. There was also
some concern among other nations that an independent Montenegro could
add grist to separatist desires in two other places in the region —
Kosovo, now a United Nations-administered Serbian province, and the
Serb Republic within Bosnia.

Since 2003 Mr. Djukanovic's party and his coalition partners have
sought to cement the move toward independence. The republic, which has
a population of just over 600,000, already has its own customs
service, flag, national anthem and national holiday, and it uses the
euro instead of the Serbian currency.

Unlike Bosnia, Croatia, and Kosovo, former Yugoslav regions that all
had ethnic conflict during the 1990's, Montenegro has remained largely
peaceful.

But the political divide over the republic's future has clear
geographic boundaries, which diplomats here say could cause problems
if the referendum has a disputed outcome. Most residents of the
northeastern part of the country favor union with Serbia, while those
in the southwest favor independence.


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