The director of the Center for Civic Education (CGO), Daliborka Uljarević, spoke to Monitor about the situation in Montenegro during the new coronavirus epidemic.
MONITOR: CGO has published a comprehensive report on Montenegro during the corona epidemic, which notes the good reactions of authorities and society, but also points to some problematic practices. At the end of the report, you present a section entitled - "lessons learned". What, in your opinion, are the most important lessons learned in the time of corona?
ULJAREVIC: The report does not focus on the health response to the pandemic, which, by the way, we rate as very good. We dealt with the assessment of the application of democratic principles and respect for human rights in order to remind that the marginalization of these topics cannot be the path to any higher interest, as the authorities tried to impute to us in the first six weeks of the corona virus epidemic.
These should be established lessons. However, in societies with an underdeveloped political culture, such as Montenegrin, we are still learning about democracy, and how to distinguish between those layers of crisis management and those "slippages" into which the government (un)consciously goes in order to demonstrate "efficiency". That is why the role of NGOs, which are dedicated to promoting democratic practices and human rights, is emphasized in such situations, no matter how unpopular the opening of these topics may be.
Once, when all this is yesterday, the response to the pandemic will be evaluated through two aspects - health and democratic. With a note that within the framework of democratic I also mean a responsible systemic economic response. States that manage to find a balance between the protection of people and democratic principles demonstrate democratic culture and fitness.
MONITOR: Was there a democratic culture and condition in Montenegro during this period?
ULJAREVIĆ: On a rhetorical level yes, in practice rarely. The government made a loud appeal to the profession, as did many other authorities around the world. But I don't know of a democratic country where, in a situation that was supposed to act as a bridge for all divisions, the profession wore a political jersey as much as here. The key figures from the health sector, whom we watched every day, were at the same time high-ranking officials, recognizable members or sympathizers of the ruling DPS and its close interest circles. Without going into the expertise of those people, it is logical to ask - does this mean that there is not a single doctor in Montenegro who has knowledge and does not have that relationship with the ruling party?
Also, why is the Deputy Prime Minister and President of the NKT talking to three healthcare unions and officially announcing that he had a meeting with two, erasing from the public the meeting with the President of the Union of Doctors of Medicine of Montenegro, who was the loudest fighter for the profession.
Or, how is it possible that at the Prime Minister's meeting with economists, you don't have anyone who has a critical attitude towards the Government's economic policy or, perhaps, that attitude makes them ineligible? The essence of such meetings should be in the discussion and crossing of different arguments in order to reach the best and widely socially acceptable solutions, and not in acclamation to the Government.
MONITOR: During the pandemic, you state that everyone who could question the decisions of the authorities has been marginalized. Was that expected, given the nature of this government?
ULJAREVIĆ: Yes and no. Crises are always new chances to change bad practices. This was a great chance to relax ongoing social and political tensions and to go not only to the fight against the corona virus, but also to the upcoming economic reconstruction of the country and the democratization of society through an inclusive approach. This was a chance to start working on a social consensus about what kind of country Montenegro needs and what we can and must do to make it an open society of active, responsible and free citizens, equal before the law.
MONITOR: Are those chances lost?
ULJAREVIĆ: In a significant way, they are, because in politics you have to have the feeling, courage and determination to act in a certain way at a certain moment and thereby change the route. I think that a precious moment is behind us, which could have been a turning point for creating trust between often conflicting actors. But I am an optimist by nature and I want to believe that there are always chances to improve things.
MONITOR: During the pandemic, almost without control and transparency, your report shows, some questionable legislative activities and employment were carried out. Can you explain that in more detail?
ULJAREVIĆ: One got the impression that all the government's work, except for that which directly relates to the fight against the pandemic, was suspended. However, when you scratch below that surface, you see that the usual affairs that carry party and particular interest were taking place in some spheres and with undiminished intensity.
According to our data, from March 16 to April 23, public sector bodies had 230 job advertisements through the Employment Office, among which the most were educational institutions, the Ministry of Defense, then local governments, the Administration for the Execution of Criminal Sanctions, etc.
The government held meetings and made decisions, and we did not even know when those meetings were held or what was discussed except for what was summarized in a few sporadic announcements. We pointed this out and it had some effect - after the publication of our report, the materials from those sessions were retroactively uploaded to the Government's website.
MONITOR: It is also stated that the method of establishing the NKT is disputed, and the question of whether a state of emergency should have been declared was raised. How important are these questions, and have they been properly considered?
ULJAREVIĆ: From the legal aspect, the method of formation of the NKT remained unclear. The government greeted that question as "blasphemous" instead of providing all the facts and announcing the integral decision on the formation of the NKT. On the other hand, it seems to me that those who called for a state of emergency lightly ignored the fact that it would lead to greater restrictions on the rights and freedoms of citizens. Precisely because of the weak democratic capacities of the institutions, it is good that we did not have it.
MONITOR: The Assembly was left without control activities.
ULJAREVIĆ: The Assembly lost its legitimacy and strength a long time ago, and now due to the pronounced passivity and decisions of the Government, its role has been further derogated from and it has been "put on a respirator". Although most parliaments in the region sat during this period, the Montenegrin one did not hold a single plenary session from March 4 to April 22. In the meantime, the government, by decree, amended the Law on the Reprogramming of Tax Claims, which was previously adopted by the Parliament as lex specialis which was silenced by the leadership of the Assembly. So, we also have a lack of initiative by the Assembly to actively participate in solving problems, as well as a complete neglect of the control function in relation to the Government.
It is worrying, a real possibility, that the ruling majority in the Assembly will now adopt the proposed changes to the Law on Local Self-Government. This will violate the Constitution because the changes concern the electoral system and require a two-thirds majority, and DPS is trying to do it with a simple majority. Finally, neither the legitimacy of the election process nor the establishment of trust will contribute to the adoption of the proposed amendments to the Law on the Financing of Political Entities and Election Campaigns, which would enable grants from the budget reserve for those who are materially threatened and without independent control of that process.
MONITOR: The problems of human rights violations were particularly emphasized - from the publication of lists of persons in self-isolation to disputed arrests due to the alleged spread of panic. Since that trend started before corona, do you think it will continue? How to stop it?
ULJAREVIĆ: The publication of the list of people in self-isolation is a systemic violation of human rights for which the Government consciously chose to be irresponsible, trying to shift responsibility to citizens. How far we are from the culture of human rights, and how easily fear consternates, is also reminded by the fact that no institution dealing with the protection of human rights has reacted to this, or has found a formal excuse not to react, as well as the fact that only four Montenegrin NGOs have publicly condemned.
Similar was the case with the problematic practice of arresting people on suspicion of committing a criminal act, causing panic and disorder, as well as part of a series of temporary measures to restrict movement and ban gatherings of citizens, which the NKT adopted without implementing adequate constitutional procedures.
When there is no strong reaction, the government has no reason not to continue with various types of human rights violations in the name of a "higher goal". Therefore, we must persistently point to examples of countries that have successfully fought the virus on the health front, and whose governments, judiciaries, parliaments and institutions carried out activities within their jurisdiction in accordance with democratic principles and practices, thus protecting citizens from corona, but also from the dangers of uncontrolled government.
Why the media is silent
MONITOR: One part of the report also refers to the media. You stated that the government has centralized information, however, you indicate that there was no adequate response from the media, as well as from other parts of society. Is the lack of resistance also part of the problem, because of which we have this kind of government and political culture?
ULJAREVIĆ: We have been convinced many times that this government provides only the minimum of what is needed to simulate reforms. In moving the boundaries and unmasking the reality, one of the key roles is played by civil society, to which the media also belong. The impression is that during the pandemic, the media dominantly accepted the Government's narrative and avoided asking important and unpleasant questions.
One of the first measures of the Government was that the media does not directly cover the press conferences of the Crisis Staff and the NKT. A system was created within which the media could download the signal and thus have a direct transmission with sending questions electronically. No media or media association objected to it. In Serbia, such a practice was established for less than 10 days and was followed by fierce reactions from independent media and associations, after which it was suspended. In Croatia, this kind of measure did not exist, and it has not been recorded in the democratic states to which we aspire.
This measure was lifted the other day, but something else symptomatic happened - the press conference with journalists on Wednesday lasted 14 minutes! When you compare it with conferences in the region or beyond, we can conclude that - either the Montenegrin authorities conduct crisis management in a perfect way, or we have a problem with what the goal of media reporting is, and it is not limited to the technical transmission of information. It would be ideal if it was the former, but it is not. We all expect the media to raise these issues. I understand that it is not easy for anyone to work in these conditions and I have great respect for those journalists who worked dedicatedly without a day off. This is a question of ownership relations and editorial policies and capacities in the media. It would be good if the media also analyzed this situation internally.
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