Executive summary

• Author: Kostic-Mandic, Maja
• Pages: 5-10

5

EXECUTIVE SUMMARY

1.Introduction

Montenegro is one of the successor states of the former Socialist Federal Republic of

Yugoslavia. During the turbulent history of the Balkans Montenegro has changed its

status several times. From being an independent state in the late 19th century, in 1918 it

became a part of what would later be called Yugoslavia. Although an equal member of

the Yugoslav Federation, Montenegro only regained full independence in a referendum in

2006 when it became an independent state. The 2007 Constitution defined it as a civic

and ecological state based on the sovereignty of the citizen. Presently, it is a member of

NATO and a moderately prepared candidate country for membership of the European

Union.

According to the last census of 2011, Montenegro has a population of 622 781 and an

area of 13 812 square kilometres. The country is comprised of 23 municipalities with

different demographic, economic and cultural characteristics. Although there is no formal

division, three characteristic regions are the Northern, Central and Southern parts of

Montenegro. Most of the country’s inhabitants live in the central area which, together

with the capital, Podgorica, is the most important administrative and industrial region.

Montenegro is a multi-ethnic and multi-confessional state in which no nation has a

numerical majority. The 2007 Constitution of Montenegro in its Preamble refers to free

and equal citizens, belonging to nations and national minorities living in Montenegro:

Montenegrins, Serbs, Bosnians, Albanians, Muslims, Croats and others. The Montenegrins

are the most numerous ethnic group, while the Serbs are the second largest group living

in Montenegro. One peculiarity is that Bosnians and Muslims are listed as separate

groups (although both of them adhere to the same religion, the status of the latter being

a relic of the former Yugoslav constitutional legacy). The Law on Minority Rights and

Freedoms implicitly recognises Roma as an ethnic group on the basis of their linguistic

characteristics. The same Law defines ‘minority people and other minority national

communities’ as ‘any group of Montenegrin citizens which is less numerous than the rest

of the predominant population, with common ethnic, religious or linguistic characteristics

different from the rest of the population, being historically tied to Montenegro and

motivated by a desire to express and preserve their national, ethnic, cultural, linguistic

and religious identity’ (Article 2).

All these ethnic groups (including Roma) have institutionalised their activities by forming

national councils as special forms of expression and protection of their ethnic interests.

2.Main legislation

The Montenegrin legal framework consists of the Constitution, as the supreme legal act,

and the laws of Montenegro. The Constitution itself prescribes the primacy of

international agreements when a situation is regulated differently from national

legislation. The basis of the standard of equality is contained in constitutional guarantees

and special laws, of which the most important is the Law on the Prohibition of

Discrimination (LPD). This law was passed in 2010 and has been amended on several

occasions, the most important being the changes in 2017 which encompassed 17

provisions. It is a systemic law in the protection against discrimination. Its foundation is

the European Convention on Human Rights and its protocols.

As the process of bringing Montenegro closer to the European Union has progressed, the

law has increasingly adopted the principles and standards of the European directives on

equality (this report focuseson Council Directive 2000/43/ECof 29June 2000

implementing the principle of equal treatment between persons irrespective of racial or

ethnic origin and Council Directive 2000/78/EC of 27 November 2000 establishing a