SERBIA ADOPTS NEW LAW ON POLITICAL PARTIES

UNCLAS SECTION 01 OF 02 BELGRADE 000559 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL SR SUBJECT: SERBIA ADOPTS NEW LAW ON POLITICAL PARTIES BELGRADE 00000559 001.2 OF 002 Summary -------------- ¶1. (SBU) The Serbian Parliament on May 12 adopted a new Law on Political Parties, the first in what is expected to be a set of laws reforming the political and electoral system. The law provides more rigorous conditions for establishing political parties and will result in the disappearance of small and inactive parties from the political arena. It ensures the full participation of national minorities, and more transparency in the work of political parties. All parties will be required to re-register within six moths from the day the law enters into force, while parties that fail to win mandates in future elections will be required to re-register every eight years. Adoption of this law is a basic precondition for a more modern, efficient and cost-effective election system. End Summary. First Step in Reform of Political System -------------- ¶2. (U) Twenty years after the introduction of a multi-party political system, the National Assembly of the Republic of Serbia on May 12 adopted a new Law on Political Parties. The main objectives of the new Law on Political Parties are to allow freedom of political association as guaranteed by the Constitution, and to tighten the conditions for the establishment of political parties. ¶3. (SBU) Representatives of the Center for Free Elections and Democracy (CeSID),an NGO commissioned by the Public Administration and Local Self-Government Ministry to draft the Law, explained to us that for comprehensive reform of the political system, the Serbian authorities needed to adopt six additional laws: a law on local elections, a law on single voter registry, a law on the state electoral commission, a law on political party financing, a law on the election of representatives, and a law on presidential elections. While there was reportedly consensus among parties on the need for the laws on local elections and the single voter registry, and drafts were ready for adoption by the government, our CeSID contacts told us that the other laws faced serious technical and political problems and their adoption was uncertain. What is New in the Law? -------------- ¶4. (U) According to the provisions of the new Law on Political Parties, the number of valid signatures of citizens required to register a party will increase from 100 to 10,000. This provision remove most of the more than 600 currently registered but small and inactive political parties. An exception exists for parties of national minorities, which will require only 1,000 signatures to be established. The new law also abolishes the requirement for parties to collect 10,000 signatures in order to participate in elections, which will simplify the electoral process. ¶5. (U) The new law requires all political parties to re-register within six months after the law goes into force on July 20. This provision will force all political parties to hold party conventions or congresses by the end of the year in order to harmonize their party programs and statutes with the law. Additionally, parties are now obligated to publish on the internet all documents related to the parties' establishment (founding act, program, statute and other by-laws),a measure designed to increase the transparency of party operations. ¶6. (U) In order to determine which parties are truly active, the law requires parties to re-register every eight years unless during that period they win mandates in either the national or provincial parliaments. Finally, the law gives the Constitutional Court exclusive jurisdiction to evaluate whether a party should be banned. (This provision harmonizes Serbia's legislation with Article 5 of the 2006 Constitution, which prohibits actions by political parties that are directed toward the destruction of the constitutional order; violate human and minority rights; or provoke racial, national, or religious hatred.) Comment -------------- ¶7. (SBU) The adoption of the new Law on Political Parties has produced surprisingly little public commentary. The only criticism during parliamentary debate came from the Liberal Democratic Party, which viewed the registration requirements as too restrictive. Most interested observers concur that the law represents a much-needed step to improve the transparency, seriousness, and efficiency of the BELGRADE 00000559 002 OF 002 Serbian political system while still ensuring the full participation of national minorities. The full impact of the new legislation will be seen only in the fall, however, as the main parties begin to position themselves for re-registration. End Comment. BRUSH