Đeljaj: The Albanian flag in Montenegro is not just the flag of another country, the police are misinterpreting the law

The flag used by Albanians in Montenegro is not just the flag of the Republic of Albania. It is the official national flag of Albanians in Montenegro, established by a decision of the National Council of Albanians in accordance with the Law on the Selection, Use and Public Display of National Symbols.

This was said by Lindon Đeljaj, a member of the presidency of the Albanian Forum, adding that the police made a mistake when they warned the owners of vehicles who entered Montenegro in a convoy through the Vraćenovići - Deleuša border crossing that they were violating the law by displaying Albanian flags and symbols.

Đeljaj pointed out that Article 2 of the Law on the Selection, Use and Public Display of National Symbols clearly states that national symbols are those used by members of minority peoples to represent and express their national identity. Article 4 stipulates that the flag standard is determined by the minority people's council, he added.

"The National Council of Albanians did so, and the official standard of the flag of the Albanian people was handed over on January 28, 2021 to the President of the Parliament of Montenegro, with whom it is kept in accordance with the law. Therefore, no one has the right to arbitrarily present this symbol in Montenegro exclusively as the flag of another state and thereby deny its legally recognized status. The Police Administration incorrectly refers to Article 23 of the Law on Public Order and Peace in its explanation. This article prescribes the punishment of the unauthorized display of the symbol of another state, but at the same time it explicitly prescribes an exception when that symbol represents the national symbol of a member of a minority people or another minority national community, in accordance with a special law. The Law on the Selection, Use and Public Display of National Symbols is precisely that special law," explained Đeljaj.

He also pointed out that private vehicles are not listed among the places where displaying the national flag is prohibited.

"In a state governed by the rule of law, no institution can independently add prohibitions that are not in the law. No one can be punished for an action that is not prescribed by law as a misdemeanor. Therefore, the Police Directorate's claim that the flags were 'contrary to the law' is legally untenable. It is also unacceptable that citizens, under the authority of the police, are forced to remove a flag whose display is protected by the laws of Montenegro," Đeljaj said in a press release.

A member of the Albanian Forum presidency expressed the expectation that the Police Directorate would inform all its officers about the legal status of the Albanian national flag and stop misrepresenting it as an unauthorized symbol of another state, as he said.

"Unfortunately, the one who should be among the first to protect this law and the rights of minority peoples, the Minister of Human and Minority Rights, is clearly not interested in this issue. Albanians respect Montenegro, its institutions and state symbols. We demand equal respect for the Albanian people, our legal rights and our flag. We will consider any further such action as a conscious violation of the law and discrimination against the Albanian people," concluded Đeljaj.