On 30 July 2015, the Government of Montenegro issued a Draft Law on Religious Freedom. The EPRID members mentioned below have concerns regarding some aspects of this Draft Law and how it would operate if it were to come into effect. The Draft Law does not harmonize with some of Montenegro’s relevant International Conventions, Standards and Obligations in the area of human rights and freedom of religion, conscience or belief. The Draft Law also causes us grave concern for the Churches and Religious communities because it undermines the principle of non-discrimination and minority churches’ rights.

The general freedom of religion guaranteed at Article 1 of the current draft of the Law is limited at Article 3 to “citizens”. Articles 11, 15 and 16 place restrictions on the organizations and persons in Montenegro who are able to operate and register religious communities. Effectively, those who do not have Montenegrin citizenship are excluded from the enjoyment of fundamental rights and freedoms in respect of religion. Only those organizations that have Montenegrin citizens, have no foreign references in their name and are headquartered in Montenegro enjoy those rights and freedoms. Other minorities do not. This constitutes a discriminatory act against foreign nationals and ethnic minorities.

EPRID members are firmly of the view that no legislation of any country or jurisdiction should place such limitations upon foreign nationals or ethnic and cultural minorities in the enjoyment of religious freedom. No legal restriction should exist according to which a religious community can only be established by citizens with permanent residence in a country. Montenegro will, by this Draft Law, put in place unacceptable restrictions on foreign nationals or ethnic and cultural minorities in the enjoyment of fundamental rights and freedoms. A fair reading of the current Draft Law leads to real doubts as to the organization and registration of religious minorities.

Moreover, Articles 18 to 25 and 42 to 47 of the Draft Law on Freedom of Religion contain provisions that, if implemented, would seriously undermine the autonomy of churches and religious communities in their operation and teaching. They create the legal potential for arbitrary State interference in their internal affairs. The mentioned provisions would have the potential to undermine the right of churches and religious communities to autonomous government in such matters.

We firmly believe that the current Draft Law on Freedom of Religion in Montenegro does not comply with European and international standards on human rights and freedom of religion or belief; it would, if adopted, seriously violate rights of religious freedom and autonomy for churches and religious communities and unfairly discriminate against them in the operation in Montenegro.

 

The statement was signed by the following EPRID members:

A Jewish Contribution to an Inclusive Europe (CEJI)

Association Internationale pour la Défense de la Liberté Religieuse

Christian Solidarity Worldwide

Conference of European Churches

European Evangelical Alliance

Global Human Rights Defence

Human Rights Without Frontiers

Open Doors International

Quê Me: Vietnam Committee on Human Rights/International Buddhist Information Bureau