ODIHR says further improvements needed to Law on Unified Voter Register

The proposed amendments present an effort to partially address key ODIHR recommendations put forward in its election observation reports related to the transparency and accuracy of the Unified Voter Register (UVR), ODIHR said in its analysis.

The Draft Law prepared by the Serbian Progressive Party (SNS) introduces articles that mandate the Ministry of Public Administration and Local Self-Government (MPALSG) to publish the voter lists for public scrutiny and detail the scope of personal data to be published while adding further provisions on personal data protection.

It also further regulates the access of political parties and other actors to the Unified Voter Register UVR, while the Draft also proposes establishing an ad-hoc commission to audit, verify and control voter registration data.

ODIHR identified increased transparency and public scrutiny as positive developments. The analysis highlights that the proposed amendments allow for the publication of partial data from voter lists and its accessibility to the public via the internet.

It also welcomed the specification of data for publication, that is, the fact that the law clearly defines which information should be made public (name, surname, name of one parent, address, etc.) and measures for protecting personal data.

ODIHR also sees the introduction of an Audit Commission reviewing the voter list, which includes representatives from the government, opposition, and civil society, as a positive step. Additionally, it commends the protection of personal data through two-factor authentication and data confidentiality protection statement.

However, the OSCE Office for Democratic Institutions and Human Rights notes certain shortcomings in the proposed solutions, such as the lack of full harmonization with data protection laws, which could lead to legal ambiguities.

ODIHR points out that the draft law does not address the issue of regulating the enfranchisement of Serbian citizens without permanent residence in Serbia, to guarantee their universal suffrage and prevent undue disenfranchisement or unequal treatment of voters, as previously recommended by ODIHR.

ODIHR also emphasizes the restriction on independent observers’ access to the UVR, as currently, only electoral commissions and nominators of electoral lists have the right to access it.

The decision-making process of the Audit Commission is described as inadequate, because, in ODIHR’s opinion, the proposal set forth in the draft could easily lead to a blockage of the process.

Therefore, ODIHR recommends that civil society organizations and observer groups be granted access to data from the Unified Voter Register (UVR).

It also suggests clearly regulating the auditing process and ensuring a proportional representation of commission members from the government, opposition, and civil sector. Additionally, it proposes establishing a permanent mechanism for the periodic audit of the UVR.

ODIHR believes that the list of areas to be audited should be further broaden, such as including an audit of the legal and regulatory framework on the UVR and an audit of public communication and voter education around the voter registration process, and that participation of observers in the Audit Commission’s work should be provided, as well as plenary presentations.

Non-transparent process, lacking participation of entire working group

ODIHR draws attention to issues in producing the Draft Law on Amendments to the Law on the Unified Voter Registration List, particularly the lack of collaboration within the working group, noting that the sole proposer is the ruling SNS, which has failed to align a unified text with representatives from the opposition and the NGO CRTA.

ODIHR also recalls criticisms regarding the non-transparent and non-inclusive process of public discussion about the amendments to the law, which led to the withdrawal of the opposition and civil sector.

In its analysis, ODIHR insists on inclusive and extensive consultations with all relevant stakeholders, along with an assessment of the impact of the amendments to the law.