There are different forms of totalitarianism, but they share the aspiration to establish complete control over society and suppress every voice of reason. Therefore, the responses to such regimes, especially those that culminated in the emergence of fascism and Nazism in the second and third decades of the last century, had to be multi-layered. A special place in this resistance is occupied by the legal response, both in international and national law.
In international law, these responses are reflected in the adoption of conventions that criminalize the propagation of totalitarian ideologies, and consequently the incitement of divisions in society. In domestic law, these norms have been translated into mechanisms that not only prevent, but also sanction the promotion of Nazi-fascist ideas, symbols and attitudes.
The most important legal lessons have been learned precisely in countries that have historically experienced the horror of totalitarian regimes. The example of Germany, through the concept of “defensive democracy” and the existence of “eternal norms”, testifies to the determination to legally protect fundamental values as a defense against any attempt to restore Nazism.
Antifascism has therefore become a pillar of values - the negation of everything that leads to the annulment of the identity of the individual and the community, threatens dignity, freedom and equality. By preserving these values, we also preserve antifascism. In modern society, it is, in essence, the protection of human rights and the aspiration towards a democratic, plural society, free from historical revisionism on ideological grounds and authoritarian methods of governance. Or, as Mile Kekin would say more simply and in a rocker way: antifascism is a matter of decency.
In order for citizens to be able to reflect on this topic maturely, critically and freely, it is necessary for political actors to act responsibly and wisely. In addition to education based on historical facts, the state must demonstrate that glorifying fascist, Nazi and extremist ideologies, organisations and individuals is not only ethically unacceptable, but also legally punishable.
Therefore, the adoption of a special law that would ban fascist, Nazi and extremist organizations and symbols is not only justified, but also necessary for the protection of the public interest. Daily events in Europe and the region further confirm the urgency of enacting such a regulation.
The European Parliament recognised the danger of the spread of neo-fascist ideologies back in 2018 and adopted a Resolution calling on Member States to ban neo-fascist and neo-Nazi groups. The document expressed deep concern about the trend of “normalisation” of fascism, racism, xenophobia and other forms of intolerance, as well as about “collusion” between certain political leaders and parties with neo-fascists and neo-Nazis. The European Parliament also called on the European Commission, Member States and the business sector operating in the field of social networks to actively combat the spread of racism, fascism and xenophobia online, in cooperation with civil society organisations.
At the national level, the need for such a law in Montenegro is obvious. From the denial of genocide, the rewarding of “artists” who spread hatred, the current attempts to erect monuments to war criminals, to the glorification of movements that were collaborators with the Nazis and fascists - we are witnessing a worrying trend of politically motivated revisionism. The promoters of these narratives, often church dignitaries or high-ranking state officials, also use public resources to institutionalize these ideas. This creates a dangerous matrix in which war criminals and their collaborators are presented as tragic heroes and legitimate role models.
Such attempts cannot change historical facts, but they can shape the political future in the long term, with the aim of equating the anti-fascist and collaborationist movements. It is even more dangerous when such an interpretation of history is attempted to be imposed as the position of all Serbs in Montenegro, identifying them with the Chetniks, which is deeply wrong and socially destructive.
Therefore, the Law on the Prohibition of Fascist, Nazi and Extremist Organizations and Symbols must clearly define examples of fascist, Nazi and extremist ideologies, organizations, individuals and practices that are glorified in Montenegro. It must emphasize that any form of praise, relativization or justification of these ideologies and their protagonists is unacceptable and illegal. The main goal should be to prevent discrimination, hate speech and the spread of destructive ideologies that threaten social cohesion and the fundamental values of the state of Montenegro.
The law should also encompass the digital space - social networks and online platforms - as well as all forms of visual and "mimetic" display of prohibited symbols, with precise determination of monitoring mechanisms, accountability, and sanctions.
Experts of various profiles - lawyers, historians, sociologists, media experts - must participate in its formulation in order for the regulation to be modern, clear and applicable.
Overall, the adoption of such a law would be a civilizational step forward and proof that Montenegro has the maturity and political will to oppose extremism and revisionism. Because anti-fascism is not just a historical category, but the foundation on which modern and democratic Montenegro rests and the shield of its stability and sustainability.
The author is the program coordinator. Human rights at the Center for Civic Education (CCE)
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