1990 Serbian constitutional referendum

1990 Serbian constitutional referendum

(1990-07-01) (1990-07-02)1–2 July 1990
Should the Constitution be adopted first, and then multi-party elections called, or vice versa?
Results
Choice Votes % Yes 5,162,320 97.34% No 141,137 2.66% Valid votes 5,303,457 99.48% Invalid or blank votes 27,505 0.52% Total votes 5,330,962 100.00% Registered voters/turnout 6,813,790 78.24%

A constitutional referendum was held in Serbia on 1 and 2 July, in which voters decided on approving a new Constitution. The referendum was unexpectedly announced by Slobodan Milošević, the president of the presidency of SR Serbia, on 25 June. The proposed changes included the abolition of autonomies of Kosovo and Vojvodina, the implementation of a multi-party system, and the establishment of the office of president of Serbia, which would have extensive powers. With a voter turnout of 78%, the referendum was approved by 97% of voters. The Assembly proclaimed the new constitution on 28 September.

Milošević and the League of Communists of Serbia were initially opposed to introducing a multi-party system and holding free elections. However, the newly formed opposition parties, the Democratic Party and the Serbian Renewal Movement, advocated for a dialogue between the opposition and the government to consider implementing a multi-party system in Serbia. They also organised a protest in Belgrade on 13 June. When the referendum was announced, they encouraged their supporters to boycott because they wanted the referendum to be held after the first multi-party election. The state media labelled those opposed to the referendum as "anti-Serbian" and "pro-Albanian". After the referendum, the Kosovo Assembly was dissolved, and general elections were organised in December 1990, with Milošević's Socialist Party of Serbia obtaining a supermajority of seats in the National Assembly of Serbia.

Slobodan Milošević came to power in Serbia at the 8th Session in September 1987.^[1][2]: 36 Milošević served as the president of the City Committee of SKS in Belgrade until being appointed president of SKS in May 1986, upon the proposal of his mentor Ivan Stambolić, a reformist within SKS.^[3][4][5] Milošević turned populist in April 1987 and then became a critic of Stambolić.^[5][6] Milošević dismissed Stambolić's allies at the 8th Session, and in December 1987, Stambolić was removed from his role as president of Serbia.^[1][7] With Milošević now in power, protests supporting Milošević's policies, known as the anti-bureaucratic revolution, started in Serbia and Montenegro in 1988.^{[2]: 41 [8]} Following the protests, the leadership in Montenegro, Vojvodina, and Kosovo was replaced by the pro-Milošević faction.^[8][9] Milošević later became the president of the presidency of the Socialist Republic of Serbia in May 1989.^[10]: 15

In January 1990, an SKJ extraordinary congress was held to address the dispute over Milošević's centralisation reforms and reforms of the Federal Assembly of Yugoslavia.^{[11]: 21–22} During the congress, SKS proposed implementing a "one man–one vote" system, which was opposed by the Slovene delegation, who favoured confederated Yugoslavia.^[12] Milošević was fiercely opposed to confederalism.^[13] With the assistance of delegates from Montenegro, Vojvodina, Kosovo, and the Yugoslav People's Army, the proposals from SKS were accepted, while the Slovene and Bosnian proposals were rejected.^[12][14] This ultimately led to the dissolution of SKJ shortly after the congress.^[11]: 29

With the dissolution of SKJ, constituent republics of Yugoslavia such as Slovenia and Croatia held their first multi-party elections, paving the state for a transition to liberal democracy.^{[15][16][17]: 135} Milošević opposed a multi-party system and to hold free elections, while the League of Communists of Serbia (SKS) advocated for the formation of associations within the Socialist Alliance of Working People (SSRNS).^{[17]: 137 [18]: 52} Opposition parties in Serbia, which remained unregistered during the Slovenian and Croatian elections, began to form in late 1989 and early 1990.^{[18]: 52 [19]: 51} These included parties like the Democratic Party (DS), Serbian National Renewal (SNO), and Serbian Renewal Movement (SPO).^{[18]: xviii–xx}

Shortly after the formation of SNO in January 1990, Milošević proposed to detain their official, Vuk Drašković, who later became the president of SPO.^[17]: 135 Politika also published an article accusing Drašković of being anti-democratic and that he wants to "bring back the time of darkness and hatred" (on želi da vrati vreme mraka i mržnje).^[17]: 135 Borisav Jović, who served as the Serbian representative in the Yugoslav Presidency, sought to ban all newly-formed political parties, claiming that they are "nationalist and separatist" (nacionalističke i separatističke).^[17]: 135

In March 1990, the Central Committee of SKS contemplated holding multi-party elections in Serbia, but no decision was made.^[17]: 137 Milošević remained dubious of the multi-party system, accusing opposition parties of fostering revanchism and inciting a civil war during an event in Pančevo in May 1990.^[17]: 138 The government of Serbia then prohibited an SPO gathering at Ravna Gora on 13 May.^{[17]: 139 [18]: 58} In late May, opposition parties signed a document in which they requested a roundtable between the opposition and the government to discuss multi-party elections and new election laws.^{[17]: 139 [19]: 52} On 7 June, it was announced that SKS and SSRNS would merge to create the Socialist Party of Serbia (SPS).^[17]: 139

Opposition parties, such as DS and SPO, organised the first anti-government protest since the conclusion of World War II on 13 June 1990, under the banner of the United Opposition of Serbia (UOS).^{[17]: 139 [20]: 13} The protest, which took place in Belgrade,^[21] drew between 30,000 and 40,000 people.^[22][23][24] UOS demanded that free elections be held in 1990 and petitioned the Assembly of SR Serbia to consider implementing a multi-party system.^[23] Radio Television of Belgrade (RTB) covered the protest negatively and the government labelled the protest as "anti-Serbian".^[24][21] The police intervened in front of the building of RTB, where demonstrators, including DS president Dragoljub Mićunović and member Borislav Pekić, were beaten up by the police.^{[17]: 140 [21]} Politika wrote, "When their behaviour became disruptive, the police intervened" (kada je njihovo ponašanja postalo rušilačko, intervenisala je policija).^[17]: 140 According to the police, four cars were damaged during the protests, while according to the opposition, seven demonstrators were arrested.^[25][26]

Milošević refused to work with the opposition following the 13 June protest.^[17]: 140 He then suddenly proposed in the Assembly on 25 June that a new constitution be proclaimed.^{[17]: 141 [19]: 53} "Adoption of a new constitution, among other things, should prevent every attempt to quietly transform federal Yugoslavia into a confederation", Milošević said in the Assembly.^[17]: 141 He also argued that the constitutional referendum should be held before the first multi-party elections in Serbia, due to the potential for Kosovo Albanians to gather many deputies in the Assembly.^{[17]: 141–142 [19]: 53} After the announcement, an opposition protest was organised in front of RTB, where Vojislav Šešelj gave a speech critical of the government.^[27]

Opposition parties were opposed to conducting the referendum before the first multi-party elections and urged that it be postponed; if the demand was not met, they encouraged their supporters to boycott the referendum.^{[19]: 53 [28][29]} The state media labelled those opposed to the referendum as "anti-Serbian" and "pro-Albanian".^{[18]: 58 [30]} Kosta Čavoški of DS later said that "Milošević and his party deliberately stirred up fears that the territorial integrity of Serbia was under threat and that only their constitutional project will be able to eliminate the permanent threat that Kosovo and Metohija would secede from Serbia. Such deceitful propaganda seduced many citizens of Serbia who went to vote in the referendum".^[18]: 70

The Republic Electoral Commission (RIK) oversaw the referendum in accordance with the Law on Referendum that the Assembly adopted in 1989.^[31][32] The Assembly announced on 25 June that the referendum would take place on 1 and 2 July.^[31] On 1 July, voting stations were open from 07:00 (UTC+01:00) until 22:00, while on 2 July they were open until 19:00.^[33] Outside of Serbia, six voting stations were available in Montenegro, allowing citizens on vacation to vote in the referendum.^[33] Voting also took place at military establishments.^[34] Voting was secret, and voters could only circled one of two options: "for" (za) or "against" (protiv).^[32] For the referendum to be recognised as valid, at least half of all registered voters had to participate in the referendum.^[33][35]

The question on the ballot paper was posed as "Should the Constitution be adopted first, and then multi-party elections called, or vice versa?" (Da li prvo doneti ustav pa raspisati višestranačke izbore ili obratno?).^[36]: 191 The referendum was held amidst a crisis in Kosovo, with Kosovo Albanians boycotting the referendum.^{[17]: 142 [30]} The referendum was effectively a vote on the Kosovo issue.^[36]: 193 As reported by Zoran Sokolović, the president of the Assembly of SR Serbia, in the Official Gazette, the proposal to hold the referendum was recommended by the presidency of SR Serbia and members of the Assembly of SR Serbia.^[31]

Serbian Wikisource has original text related to this article:

1990 constitution of the Republic of Serbia

The proposed constitution would remove the "Socialist" prefix from the state's name while also effectively eliminating SAP Kosovo and SAP Vojvodina's autonomy by abolishing their parliaments, governments, and courts.^{[17]: 144 [28][37][38]} SAP Kosovo would also return under its older name, Kosovo and Metohija.^{[17]: 144 [39]} The proposed amendments would identify Serbia "as a democratic state…based on freedom, the rights of man and the citizen, and the rule of law" as well as a "sovereign, integral, and unified state".^[18]: 71 The proposed constitution would also establish a multi-party system.^[37] The electoral system would also be revamped, abolishing the delegate system that was introduced in 1974.^{[40]: 78 [41]} Parliamentary elections would be conducted under a first-past-the-post, two-round voting system with 250 constituencies.^[42]

The new constitution would also establish the office of president of Serbia, with broad powers to express unity and control foreign policy.^{[17]: 144 [18]: 71} According to the proposed changes, the president would be exempted from any subsequent ratification by the National Assembly, and his acts would be exempted from subjection either to the Constitutional Court of Serbia or the government.^[17]: 144 The president would also be able to recommend the candidate for prime minister after a parliamentary election, veto acts passed by the National Assembly, and dissolve the National Assembly if the government agreed.^[17]: 144 The option of recalling the president was also introduced with two-thirds of deputies in the National Assembly having to vote for it first, followed by a referendum on the matter.^[17]: 144 Opposition parties criticised the proposed changes that were given to the president of Serbia.^[40]: 80 Political scientists Vladimir Goati and Milan Jovanović considered the constitution to be semi-presidential.^{[40]: 80 [43]}

According to political scientist Robert Thomas, the call for boycott from the opposition were largely ignored because of the national themes that were presented in the referendum.^[18]: 70 The Los Angeles Times said that the referendum was "called by the republic's rulling Communists, who are attempting to retain power by exploiting rising Serbian anger over ethnic Albanian separatism in Kosovo province".^[44] One voter from Mokrin self-immolated outside of a voting station after voting.^[33] He left a message on the reverse of his ballot paper referring to himself as "the new Jan Palach".^[33]

Preliminary results published shortly after the referendum showed that a majority of voters approved it.^[28] The lowest turnout was in Kosovo, where Kosovo Albanians boycotted.^[18]: 70 Official results were published by RIK on 3 July, with them reporting that there were no irregularities or objections and that the voter turnout was 78%.^[34] Political scientist Mijodrag Radojević questioned the results due to the very high turnout in specific areas of Serbia.^[36]: 193

In the aftermath of the referendum, the government of Serbia dissolved the Assembly of SAP Kosovo and its government.^[28][45] This was done in response to the proclamation of the Republic of Kosova three days prior.^[46] "They tried to declare Kosovo a republic and by that they endangered Serbia and Yugoslavia", Sokolović said.^[47] This move was condemned by Amnesty International and the European Parliament.^[13] The Associated Press reported that this decision "is likely to cause more unrest by the ethnic Albanian majority in Kosovo".^[28] Ibrahim Rugova, the president of the Democratic League of Kosovo (LDK), said that "the decision to dissolve the regional parliament is an illegal one".^[28] The government of Serbia additionally restricted the media in Kosovo.^[28][45] This included Rilindja and Zeri i rinisë newspapers and Radio Television of Pristina.^[45][48][49] Kosovo Albanians, 700,000 of whom were registered to vote, ultimately boycotted the 1990 general elections.^[50][51] Rugova said that "to participate in these elections would mean that we accept the conditions the Serbians have imposed upon us".^[52]

SPS was formed on 17 July and the Assembly of SR Serbia adopted the Law on Political Organisations in the same month.^{[17]: 143 [20]: 10 [53]} This allowed SPS, DS, SNO, SPO, and others to become registered political parties in the now-multi-party system.^[53] Later in September, UOS organised another protest, demanding a ninety-day election campaign, more television airtime for opposition parties, and representation of the opposition in bodies that oversee the elections.^{[17]: 144 [18]: 71} Around 50,000 demonstrators attended the protest.^[19]: 55 Milošević declined to accept their demands.^[17]: 144 The opposition later demanded that the number of collected signatures to participate in the elections be lowered, considering that for the parliamentary election, the initial number of needed signatures was 500, while for the presidential elections, it was 10,000.^[40]: 81 The government accepted their proposal and lowered the number of required signatures for both elections to 100.^[40]: 81 The new constitution of Serbia was then officially proclaimed on 28 September and general elections were called for 9 December.^{[17]: 144 [19]: 55–56}

During the campaign period of the general election, SPS had an immeasurable advantage due to the infrastructure it gained at its formation.^[40]: 83 The infrastructure was approximately worth US$160,000,000.^[21] Additionally, SPS retained control over a majority of television and radio stations and newspapers.^[54][55] SPS used the media to attack their political opponents and discredit candidates such as Drašković.^{[40]: 83 [56]} Opposition parties lacked funding and infrastructure during the campaign.^{[20]: 11 [40]: 83} The general elections ultimately saw SPS win a supermajority of seats in the National Assembly due to the first-past-the-post system, despite winning less than 50% of the popular vote.^{[10]: 26 [18]: 74} Dragutin Zelenović of SPS was elected prime minister of Serbia after the elections.^[17]: 151