In order for the Roma, who according to the latest census are almost as numerous as the Croats among Montenegrin citizens, to gain the right to a seat in the state parliament based on the principle of affirmative action, the Law on the Election of Councilors and Members of Parliament would have to be amended, which requires the support of two-thirds of the Members of Parliament.
This was explained to "Vijesti" by an interlocutor familiar with electoral legislation.
According to the latest census, Roma make up 0,9 percent of the Montenegrin population, and 0,6 percent of Montenegrin citizens, while 0,83 percent of Montenegrin residents declared themselves as Croats, but they make up 0,7 percent of citizens.
According to Article 94 of the Law on the Election of Councilors and Commissioners, electoral lists that received at least three percent of the total number of valid votes participate in the distribution of mandates, but minority parties have certain mitigating circumstances when entering the state parliament (so-called affirmative action).
Election participants who represent a minority national community with the participation of up to 15 percent of the total population of the country, if they do not achieve the so-called the natural threshold of three percent, but win more than 0,7 percent of the votes, they acquire the right to have their votes added together with other representatives of the same people, and to earn the necessary percentage jointly.
When it comes to Croatian parties, in the event that none of the electoral lists for the election of deputies belonging to that nation does not naturally meet the threshold, the most successful of them, with at least 0,35 percent of valid votes, acquires the right to one parliamentary mandate.
At the local level, the right to affirmative action belongs to minorities with a participation of 1,5 percent to 15 percent of the total population in the territory of the municipality, the capital, or the capital, according to data from the last population census, but also less than 15 percent at the state level.
Therefore, the electoral list that would represent the Roma community would have the right to appear as a minority in Berane, where this population makes up 2,2 percent of the total population, as well as in Podgorica, where 1,93 percent of citizens on the census declared themselves as such.
This means that the minority party or coalition of this community, if it did not achieve the result necessary for the census, would enter the race for the mandate. In order to achieve a place in the local parliament, it is necessary that its quotient be stronger than the weakest in the distribution of mandates.
The interlocutor of the newspaper pointed out that, according to the existing law, the Roma could achieve parliamentary status at the state level if one of their parties achieved the natural threshold or, if more of them appeared that would individually reach at least 0,7 percent of the vote, and collectively three or more percentages, i.e. that their total quotient is stronger than the smallest during distribution.
As he adds, this would mean that the party representing that minority community is voted for by all its representatives, as well as other citizens of Montenegro.
He explains that through amendments to the law, it would be possible to ensure that, as in the case of the Croatian minority, the Roma also receive a lower threshold for entering the Assembly, but that this would require the support of two-thirds of the deputies.
"Vijesti" asked all parties with parliamentary status whether they think the Law on the Election of Councilors and Members of Parliament should be amended and enable Roma to have a seat in the state parliament through the principle of affirmative action.
The Bosniak Party told the newspaper that they support such an initiative, as well as that they believe that the Committee for Comprehensive Amendment of Electoral Legislation will seriously consider it.
"Despite the declarative commitment of the entire social community that it is necessary to provide the Roma population with equal conditions of education, health and social protection, as well as living and working conditions, as members of other communities have, we are still far from being able to say with certainty that we have answered the task . The common goal of all of us must be that, first of all through legal regulations, and later through application in practice, we contribute to the Roma community going on the path of faster integration", said the largest minority party.
This minority should have its own representative in the parliament, according to the president and deputy of the Croatian Civic Initiative (HGI). Adrian Vuksanovic.
"I said before that the Roma should have their own representative in the Parliament. I still support it now. I encourage them to organize themselves politically, and as far as the amendment of the electoral legislation is concerned, they can count on the help of HGI", he told "Vijesta".
The Albanian Alliance told the newspaper that "what they want for themselves, they want for others."
"Everything that is legal, we are ready to support. If the law needs to be changed, that should also be considered. Although, we only have one representative in the Assembly, and it certainly does not depend on us", they said.
Member of the Albanian Forum, Nikola Camaj answered in the affirmative to the question of whether the Roma should be allowed to have a seat in the state parliament, based on the principle of minority action.
Jaha: We talked with Mandić and Bečić, there is a will
The executive director of the NGO "Mladi Romi" Samir Jaha pointed out that it is important to ensure the equal participation of all citizens of Montenegro in political life, including the Roma community.
"The Roma, as a minority community, face numerous challenges and deserve support through affirmative measures, such as representation in state institutions. Such amendments to the law would allow the Roma community to participate more actively in making decisions that directly affect them. That would be a significant step towards the creation of a more inclusive society and greater justice for all citizens," he told "Vijesta".
Answering the question whether they had communication with the parliamentary parties, but also whether they showed the will to enable affirmative action through legal norms, Jaha reminded that they had held official meetings with the current president of the Assembly, Andrija Mandić, and earlier with Aleks Bečić. while he was in that position.
"During those meetings, they discussed not only issues of affirmative action for the Roma community, but also a wider range of topics related to the improvement of the rights of minority communities in Montenegro. There is a will to open a dialogue on these issues in the Parliament, and I hope that in the coming period we will witness concrete steps towards the adoption of legal norms that will improve the position of Roma and other minority communities", he added.
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