Hadžić: No right, not even the right to protest, must threaten other rights

At today's session of the Parliament of Montenegro, MPs are discussing the Proposal for a Law on Amendments to the Law on Public Gatherings and Public Events.

Before the discussion began, Chairwoman Zdenka Popović (Democratic Montenegro) said that the start of the mandate of the new MPs of the Civic Movement (GP) URA, Milena Vuković and Zoran Mikić, had been noted.

Independent MP Radinka Ćinćur pointed out that Montenegro will host a summit of women leaders in the Western Balkans, and that the Government session will include the appointment of the director of the Montenegrin Electricity Market Operator (COTEE), and that a candidate who "is accused by five women of mobbing" will be appointed.

Popović indicated that she "condemns all types of mobbing and attacks on women."

Europe Now Movement (PES) MEP Seid Hadžić pointed out that today's bill represents a step in establishing a balance between two rights - the right to freedom of public assembly and the rights of other citizens to security and free movement.

"These amendments to the legal solution are not intended to challenge the right of citizens to peacefully assemble and express their opinions. That right remains protected. However, we have come to the conclusion that the existing law needs reform, especially when public gatherings occur in a way that impedes traffic and endangers the functioning of emergency services, citizens and the economy," Hadžić said.

"No right, not even the right to protest, should jeopardize other rights," he added.

Hadžić emphasized that this is a preventive mechanism, and that responsibility must be taken.

Čarapić: Everything is in accordance with the practice of the European Court of Justice

The head of the PES parliamentary group, Vasilije Čarapić, said that they want to establish order when it comes to public gatherings, and that everything is in accordance with the practice of the European Court of Justice.

He took the opportunity to congratulate the new MPs of the GP URA, as well as Dritan Abazović on his new mandate as the leader of that party.

"The practice of the European Court of Human Rights supports what the parliamentary majority proposes when it comes to this law. This law does not affect an individual's right to protest, but rather establishes order," he pointed out.

Čarapić recalled the protest held in Gorica on July 13, when, as he assessed, "political marginals called Podgorica Mayor Saša Mujović a fascist."

"By that logic, anyone who does not support the policies of the Social Democrats (SD) is a fascist. Considering that almost no one organically tolerates the policies of the SD, we are all fascists... They do not mind being in a coalition in Budva with someone who led a group of citizens who protested that the Government will support the Resolution on the genocide in Srebrenica at the UN General Assembly," Čarapić announced.

As he added, the SD ideology is "the nationalism of embittered men."

"A civic party cannot be a party that does not appoint women to positions. We would rather see a female pope than an SD official," said Čarapić.

Nenezić: Mujović is not an academic

Social Democrat (SD) MP Branislav Nenezić indicated that he would like PES to be registered and have municipal committees, not initiative ones.

"Mr. Saša Mujović is not an academic. He is a professor at the university, not an academic. Everything you said is as true as if he were an academic," he said.

He added that one of the proponents of the law, Artan Čobi, recently participated in public gatherings in Ulcinj and called on him to "pay a fine of 5.000 euros."

Čarapić replied that "they are all Saša Mujović".

"You are a project of the DPS and all the mandates you receive are favored by the DPS... We are a party that was founded in 2022, and a year later became the largest party in the country," Čarapić pointed out.

Nenezić said that his party is ideologically similar to the DPS, and that both parties have remained the same after 2020.

As he added, he and his fellow MPs Boris Mugoša and Nikola Zirojević were not in the DPS, but Mujović was.

Nikolić: No one stays on the highway at 40 degrees because it's nice there, but because they feel the need to.

The head of the DPS parliamentary group, Andrija Nikolić, assessed that the law should have been proposed by the Government, but it left it to the MPs, and they handed it over to Hadžić "because that way there is less damage."

"The government knows that the proposal is unconstitutional and has left the parliamentary majority to do the dirty work. There is no doubt, Mr. Hadžić, that you have been abused," he pointed out.

He announced that "these bans are contrary to the Constitution."

"The aim of these measures is to deal with the majority of civil unrest... This move shows that they are not ready to solve problems for which they themselves have responsibility. No one is staying on the main road at 40 degrees because it feels nice there, but because they feel the need. Have you thought about what emotionally wounded citizens are doing at Kruševo Ždrijel in Cetinje? They are seeking justice and political accountability because they have lost their loved ones," he said.

"Particular hypocrisy lies in the fact that those who want to ban protests used them as a means of political struggle while they were in the opposition. At one time, in the so-called tent settlement set up by the DF, demonstrators roasted pigs and played nationalist music. We still remember the images when main roads and city centers were blocked. It never occurred to anyone to pass laws banning gatherings, but they were held without hindrance. Not to mention the anti-NATO protests, when you deceived the public. Mandić said at a rally on the square that the then Prime Minister Milo Đukanović had left the country, and he chaired the National Security Committee," he added.

Nikolić pointed out that protests are a normal occurrence in EU countries.

"You are passing a law that even the Vučić regime in Serbia did not dare to pass, even though Serbia has been blocked for months. But our government is nervous, because from election to election it faces a loss of trust and increasingly resembles autocracies that ban public gatherings. Putin has banned protests, arresting everyone from children, adults to grandmothers. Russia lives without Facebook, Twitter and foreign media," he said.

Nikolić added that the right to assemble is a measure of democracy.

Mugoša: Don't use tourism as an argument

Boris Mugoša (SD) said that "it is important who speaks, not what he says," and that "speech with irrelevant political side effects is unimportant to him."

"The proponents of this law are former opposition members and minority parties that are part of every government," he said.

Mugoša added that "it would not have occurred to him to propose such a law while he was in power."

"Don't use tourism as an argument, because since you liberated Montenegro, air availability in Albania has increased by 56 percent, 17 percent in Macedonia, eight percent in Serbia, one percent in Kosovo, and we are minus six," he pointed out.

"And now you say that those people who are protesting out of pain and sadness are preventing the tourist season. Do you know when you remembered that? When you solved the problem with your people from Šavnik. This law will only come into force in September, because the president will very likely return it," he added.

President and MP of the Croatian Civic Initiative (HGI) Adrijan Vuksanović added that his party, as a minority party, is not part of every government, after which Mugoša apologized.

Bojović: It turns out that Metropolitan Joanikije was not enthroned according to the law, and the gathering at Belvedere was legal and peaceful, without elements of a coup

Mikić thanked the congratulations, but also the previous MPs for their work so far - Filip Adžić and Ana Novaković Đurović.

"Instead of solving the problem through institutions, we have a situation where colleagues from the parliamentary majority are forced to pass laws that restrict public gatherings. Is there abuse of gatherings - there is. Is it more natural and logical for it to be in front of the Parliament and the Government? Yes. But proposing such a law is not the solution. You know that the right to freedom of assembly is the foundation of every democratic society," he said.

He pointed out that it is a paradox that the law is being proposed by colleagues who, while in opposition, based their actions on protests.

Democratic People's Party (DNP) MP Vladislav Bojović pointed out that Miroslav Vuković, who drove an excavator on September 5, 2021 and "enabled the enthronement of Metropolitan Joanikije," shows why vetting is needed.

"The question arises whether there were any changes on August 30th. It turns out that Metropolitan Joanikije was not enthroned according to the law, and the gathering at Belvedere was legal and peaceful, without elements of a coup. I will remind you that Andrija Mandić and Milan Knežević were each charged with five years for a gathering that did not even happen. This way it turns out that Veselin Veljović was right and acted within the law when he attacked a police officer," he said.

Darko Dragović (PES) pointed out that "colleagues from DPS said that it never occurred to them to pass laws banning gatherings."

"In 2005, the Law on Public Gatherings was passed. Article 10 stipulates that gatherings must not take place near hospitals, kindergartens, cultural monuments, in national parks, on highways, in a manner that endangers the safety of citizens... The fact that you did not have the courage to implement this law is another matter," he said.

As he added, this law was invalidated by the Constitutional Court (CC) nine years later, in 2014, and in 2015 the Parliament passed a law that again placed restrictions on where gatherings could take place.

"The majority wants to abolish all types of protests"

Duško Stjepović (Democrats) stated that in Croatia, peaceful gatherings must not be held near schools and kindergartens while children are there, in national parks, on highways, and that a similar practice exists in France and Denmark.

Nikola Janović (DPS) announced that citizens are protesting because they want accountability.

Vuksanović called on MPs not to vote for the law and pointed out that the citizens of Cetinje "are protesting out of pain and suffering."

Sonja Popović (DPS) said that "the majority wants to abolish every type of protest, extinguish every form of rebellion and silence every free-thinking person who is well-intentioned towards the state."

Independent MP Jevrosima Pejović recounted how, during a visit to the USA, she witnessed a Nazi gathering, to which her hosts told her that "the USA is a country of freedom."

Oskar Huter (DPS) said that the majority is escaping responsibility in this way.

"How many times, Mr. Hadžić, have you gone to talk to those protesting in Cetinje?" he asked.

Miodrag Laković (PES) announced that there were blockades at the Sozina tunnel, by residents of the Zagorič park forest, workers at Košuta in Cetinje, workers at the "Simo Milošević" institute when border crossings were blocked...

As he added, DPS refers to the "tent settlement" from 2015, but that "the same should not be allowed to happen on main roads today."

"Hutter invited Laković to remove the fence in front of the Parliament together"

Huter invited Laković to remove the fence in front of the Assembly together.

"The Cetinje Assembly offered nine conclusions. Didn't Spajić address that? Didn't he give an answer? Will he come to the prime minister's office - let's hear what he has to say," he pointed out.

Hadžić said that DPS had started more identity divisions than anyone else, but also called on Hutter "to work out a legal solution together."

Huter replied that he should "leave the theatricality for the circus performer who is in the front row," after which Popović gave him a warning.

The DPS MP said that he quoted Prime Minister Spajić and the words he spoke in the Parliament.

He once again called on the government representatives to talk to the citizens of Cetinje, and to leave the law alone.

Laković announced that the National Security Council considered this legal solution in July last year, before the tragedy in Cetinje.

The president of the Bosniak Party (BS) parliamentary group, Amer Smailović, responded to Ćinćur, because he was not in the hall at the time of her presentation.

He pointed out that Mersudin Gredić, candidate for COTEE director, is "judged before the institutions."

"I call on the public to respect the Constitution and the presumption of innocence. When the verdict is reached, we will act accordingly. I know that many are not used to a Bosniak being in a position, but this is the future we must get used to," he said.

Živković: These kinds of legal solutions are passed when the government is afraid

Democratic Party MP Momčilo Leković pointed out that when the DPS was in power, it proposed that protests be held at Ćemovsko Polje.

He showed photographs of Krapović's arrest, the beating of his party activists...

DPS President and MP Danijel Živković said that such legal solutions are passed "when the government is afraid."

"This government fears what happened in September, because more and more citizens will seek justice in the streets," he said.

Živković recalled that the government, after the removal of the DPS, removed the fence in front of the Parliament, and that it was later returned.

"This is the character of the government. They criminalized students and filed charges against intellectuals... This is an era where gatherings are first banned, and then public speech," he said.

"Now I'm telling you - don't introduce sanctions, introduce prison sentences. Tighten your belts. Make a provision that gatherings are prohibited. And I will be the first to get to that place. Neither those people at Kruševo Ždrijelo nor anyone else will pay - we will be the first there. So come, bring out the security forces, that party police, and we will stand on your line," the DPS leader emphasized.

As he added, this government is enacting a legal solution that has already been declared unconstitutional.

"Here, the DF is calling the shots, and you are listening. It is normal for such an organization, on the right spectrum, to be okay with that," he added.

Deputy Speaker of the Parliament and PES MP Boris Pejović pointed out that the current government will certainly last for another two years, and probably four more, and that "DPS has six years to reform itself."

As he pointed out, DPS did not cite the tragedy in Medovina as the reason for the overthrow of the Dritan Abazović government, and added that "DPS was Slobodan Milošević's partner", not anyone from PES.

Pejović pointed out that DPS's coalition partners at the state level, in Cetinje, resent them for "using the tragedy for political purposes."

Živković replied that "Pejović cannot respond until Mandić releases him."

Hadžić emphasized that the solution lies in the implementation of the law, and that the responsibility lies with the police and national courts.

He read the European Court's decision, according to which "if a group of people continuously block a road, this can be interpreted as a violation of the rights of others":

The discussion is over, he will make a statement later.