The draft Law on Cooperation between Montenegro and the Diaspora is a good initiative in principle, but in order to achieve its full content, room for creative interpretations must be avoided, believes the lawyer. Boris Marić.
Commenting on the Draft, prepared by the Ministry of Diaspora, he told "Vijesti" that norms that leave room for different interpretations, such as Article 2, are not acceptable.
"This specific norm is not of a mandatory nature and therefore cannot be applied without question," he warned.
Article 2 of the Draft states that diaspora - emigrants "are considered to be Montenegrin citizens and other persons originating from Montenegro, who live abroad and who perceive Montenegro as their home country or country of origin and heritage as democratic, independent, sovereign and civil".
"Vijesti" sent a question to the Ministry for Cooperation with the Diaspora on Thursday asking how they plan to determine whether a person "perceives Montenegro as their home country or country of origin" and "heritage it as democratic, independent, sovereign and civil." No response was received.
Marić states that these issues have been debated for 200 years: what an ethnic community means, what a nation is, what a people is, and what is the relationship between these concepts and institutes.
Therefore, as he says, he believes that one should not enter this area without in-depth consultations with comparative practice and people who have experience in that field.
"Nationally defined states such as Croatia, Serbia or Slovenia can more easily formulate such laws. Montenegro, on the other hand, has a civic concept of the state - however it is perceived - and within such a framework it is very difficult to define something like this. We need to give latitude and not exclude anyone, but this requires a serious and precise normative approach," said Marić.
He reminds that Montenegro has enough problems with conflicts of laws and unclear norms, and it does not need another set of norms that are, conditionally speaking, of an "office" character - fluid, undefined.
"Therefore, it is necessary to set clear frameworks and formulations that will be legally sustainable and correct. What we currently have does not meet these criteria. There seems to be a desire to do something here, but the approach is not adequate. Norms and laws cannot be passed solely as a political step forward. This can be an element of a strategy, campaign or political program, but not a law. The law and norm must be clearly formulated and applicable," said Marić, adding that the proposed solution is not applicable.
He says that the question of priorities arises and there are a large number of laws on the agenda that must be adopted, for which there are already clear guidelines, especially when it comes to relations with the European Union and the negotiation process.
"In that context, this law does not fall into the priority group," he said.
COUNCIL WITH AT LEAST 67 MEMBERS
The draft, among other things, envisages the formation of a multi-member Council for Cooperation with the Diaspora, as well as the establishment of programs and support for emigrants.
It is envisaged that the Government will establish a Council for Cooperation with the Diaspora - Emigrants as an advisory body that participates in the creation and implementation of strategies and laws important for the diaspora.
The Council's responsibilities are also listed, such as monitoring the implementation of laws and strategies related to the diaspora, launching initiatives to preserve language, culture, tradition and improve cooperation with Montenegro (economy, science, sports), adopting rules of procedure and a code of conduct for members, organizing regular meetings with the diaspora (at least once every six months), and submitting an annual work report to the Government by March 31 for the previous year.
The Council consists of "diaspora representatives, civil servants, presidents of local governments, representatives of institutions and associations, as well as prominent figures in the field of diaspora cooperation."
It was proposed that the Council would include two representatives from nine countries (18 people): Serbia, Bosnia and Herzegovina, Croatia, Slovenia, Germany, Luxembourg, the United States of America (USA), Turkey and Argentina, and one representative each from Albania, Kosovo, North Macedonia, Italy, Switzerland and Canada.
The draft also envisages that the Council will have one representative for each group of countries (seven groups): Belgium and the Netherlands, Denmark, Norway and Sweden, France, Spain and Portugal, Austria, Poland, the Czech Republic, Slovakia and Hungary, Cyprus and Greece, Great Britain, Australia, New Zealand and South Africa, as well as Chile, Peru, Paraguay, Uruguay, Venezuela, Bolivia, Brazil, Guatemala, Mexico and Panama.
Also, as it is added, one representative is planned for "other countries (not mentioned, but with a Montenegrin diaspora)".
According to Article 28 of the Draft, the members of the Council from state administration bodies, competent committees, municipalities and other institutions and associations are composed of one representative each from the Ministry of Diaspora, state administration bodies competent for foreign affairs, internal affairs, education, science, culture, sports and youth, health, social protection, economy, tourism and human and minority rights, as well as the president of the competent committee. There is also one representative each from a maximum of ten local self-government units with the largest number of diaspora-emigrants, one representative each from Matica Crnogorska, the Council of Minority Peoples and Other Minority National Communities, the University of Montenegro, Radio Television of Montenegro and the Chamber of Commerce of Montenegro.
It was proposed that the Council include one representative of non-governmental organizations dealing with issues of cooperation with the diaspora - emigrants.
"The Council members who are prominent figures consist of up to 5 members from the diaspora-emigrants proposed by the Ministry, up to 2 members from the field of science from the diaspora-emigrants proposed by the state administration body responsible for science," it says in Article 29 of the Draft.
From the above it follows that the Council will have at least 67 members.
The Council's mandate, as proposed, lasts four years.
AWARDS TO OUTSTANDING INDIVIDUALS, EMIGRANT BOOKLETS...
The draft stipulates that the Ministry will annually, during the “Diaspora-Emigrant Days” event, award awards to prominent individuals and organizations from the diaspora for their special contribution to strengthening ties with Montenegro. It is proposed that awards be given for “preserving the state identity and belonging to Montenegro”, contribution to culture, science or sports, and economic partnership or charity.
According to Article 40 of the Draft, a member of the diaspora - an emigrant who is not a Montenegrin citizen, upon personal request, with prior registration in the diaspora register, shall be issued an emigrant booklet.
"The emigrant booklet is a record card that serves the holder, during their stay in Montenegro, for the purpose of representing a member of the diaspora-emigrant and can be used to obtain certain privileges and benefits during their stay in Montenegro, in accordance with the signed cooperation agreements between the Ministry and public and private companies," the Draft states.
LAUNCHING OF SPECIFIC FINANCIAL FUNDS AND INCENTIVE MEASURES
In the section dealing with the improvement of economic ties with the diaspora, it is stated that to this end, the Ministry, in cooperation with other institutions and municipalities, is implementing a series of activities aimed at strengthening economic cooperation between the diaspora and Montenegro.
The key areas of action listed are: linkage Montenegrin businessmen with those from countries where the diaspora lives and the inclusion of the diaspora in strategic economic policies and development plans.
It is also planned to promote the project in less developed areas that have social value and can be implemented in partnership with the diaspora.
It is also planned to initiate agreements on economic cooperation and avoidance of double taxation and include successful members of the diaspora in interstate commissions for economic cooperation.
The draft envisages the launch of dedicated financial funds in cooperation with the diaspora and incentive measures for diaspora investments, especially in new technologies and the development of underdeveloped regions.
The establishment of business zones, associations, chambers and their connections with domestic institutions is also encouraged, as well as the organization of investment forums, business meetings and providing the diaspora with the necessary information for investments.
Montenegro does not have accurate data on the number of Montenegrin emigrants, but it is assumed that there are at least as many of them as Montenegrin residents (around 620 thousand).
To this end, the Ministry of Diaspora, in cooperation with the Ministry of Public Administration, launched a registry of Montenegrin citizens in the diaspora in March and invited all members of the diaspora to register.
Public discussion 20 days
On Wednesday, the Ministry put the Draft up for public discussion, which will last for 20 days (until July 1).
"Two roundtables will be held on the text of the draft of this law during the public debate, and the public will be informed in a timely manner about the dates and location of these meetings via the Ministry's website," it was announced.
"Diaspora" costs at least three million
Budgetary funds for the purpose of preserving and strengthening cooperation with the diaspora-emigrants are provided at a minimum level of 0,2 percent of the current budget of Montenegro, the Draft states.
Considering that the current budget (the budget without state funds and capital budget) for this year amounts to around 1,5 billion euros, the "diaspora" would cost Montenegro at least three million euros annually.
It is also envisaged that budget funds will be allocated to diaspora - emigrant organizations based on a public competition for co-financing programs or projects in the areas of cooperation with the diaspora.
"A program or project of a diaspora - emigrant organization may be co-financed up to a maximum of 50 percent of the total funds needed for its implementation, while a program or project that may have an impact on the development of less developed areas in Montenegro may be co-financed up to a maximum of 70 percent of the total funds needed for its implementation," the Draft states.
According to the Draft, the Ministry may allocate special assistance to diaspora-emigrant organizations if their functioning is threatened, as support for the establishment of a new organization and in case of need for an urgent project that has not been previously financed. These funds cannot exceed seven percent of the total budget for the purpose of preserving and strengthening cooperation with the diaspora-emigrants.
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