The population census should reflect the real state of society and serve to create policies and strategies, and the current one being conducted in Montenegro will not reflect the needs of the trans community.
That's what he told "Vijesti". Jovan Joli Ulicevic, executive director of the "Spectra" Association and trans activist.
He also said that the draft law on legal gender recognition based on self-determination is nearing completion and that a public hearing is expected to be organized soon.
"The draft law on legal gender recognition based on self-determination is in the final stage, and we expect a public discussion soon. The working group worked intensively for almost two years on this draft legal solution, in order to offer an adequate solution that corresponds to the Montenegrin legal system, comply with international standards and recommendations, and finally, but most importantly, enable the final right to self-determination to the only community in Montenegrin society is undergoing forced sterilization in order to be recognized in the legal system as a transgender person," Ulićević told "Vijesti".
As he said, the key reason for the adoption of that law is "precisely the fact that in Montenegro self-determination is still the privilege of the chosen ones".
"Those who fit into society's gender stereotypes, and the rest of us, have to go through the sterilization process in order to have a personal document that corresponds to our gender identity. So, I, like many other trans people, was in a situation where I live my male identity, look in accordance with my identity, but have the letter Ž written on my identity card and passport," Ulićević said.
Illustrating the above, he pointed to specific situations from the life of a trans person in Montenegro.
"Imagine that you need to hand over an identification document, such as a passport, at a border crossing. You open your passport and you see: it says a name and gender that is not yours. The picture doesn't even match how you look right now. It sounds like a horror story that at the very least leads to discomfort, and often to violent situations and serious legal problems. This story is an everyday reality for transgender people in Montenegro," he said.
The law on legal recognition of gender based on self-determination implies that a person changes his name and gender marking on official documents, enabling him to be recognized by law in accordance with his gender.
"This law does not yet exist in Montenegro. Instead, in order to achieve the recognition that is vitally important, transgender people in Montenegro are subjected to inhumane demands, culminating in forced sterilization, which no one should have to go through in the XNUMXst century. This law, if adopted, will guarantee the protection and everyone's basic human right to self-determination", explains Ulićević.
He adds that no law stipulates that a person must undergo forced sterilization in order for the Ministry of the Interior to change their gender designation in documents, but that in practice this requirement exists and is regularly addressed to trans people.
"The practice of the European Court of Human Rights is also on the side of the trans person, and I believe that many court processes will be initiated with an outcome in favor of the injured, if the legal solution is not adopted in the foreseeable future," said Ulićević.
In relation to the current population census, he said that the census as it is, will not reflect the needs of the trans community.
"The census should reflect the real state of society and actually serve for the adequate creation of policies and strategies that harmonize them with the real needs of the citizens of Montenegro, of course such a census will not reflect the needs of the trans community, and will force all those who refuse to go through forced sterilization, to declare in accordance with the identity card, that is, the opposite of their real identity," he said.
The very fact that a person declares in relation to the two options offered - male and female, according to him, limits the person to refuse to declare, and to have it noted, or to declare as something different from the standard division into male/ woman.
"However, what is crucial at this moment is not only how we will declare ourselves on the list, but the fact that the questions formulated in this way reflect the rigidity of our legal system, and then also the institutions, which adopt progressive laws (we should not forget that the Law on prohibition of discrimination, and the Law on Gender Equality recognize gender as a category that is not exclusively binary, i.e. divided into male and female), which mean almost nothing to us, because they are not implemented in practice at all", said Ulićević.
The census of population, households and apartments began on December 1 and should last 15 days, but it was previously announced that it might be extended for a few more days.
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