The Spektra Association expressed its protest against, as they announced, yesterday's decision of the Commission for the Political System, Internal and Foreign Policy not to include the discussion on the Law on Legal Recognition of Gender Identity on the Basis of Self-Determination in the agenda for the next session of the Government, which will be held on Thursday December 19.
They demand that Prime Minister Milojko Spajić "show political responsibility" and put the Bill on legal recognition of gender identity based on self-determination on the Government's agenda, by the end of the year at the latest.
They remind that the work on that law lasted eight years, that the legal text was carefully considered by all relevant actors and that the suggestions of all participants in the process were adopted.
"In addition, the draft received a positive assessment from the European Commission, which created the conditions for it to be on the agenda of the Government of Montenegro. The Ministry of Human and Minority Rights nominated the proposal of the Law on legal recognition of gender identity based on self-determination for the agenda of yesterday's Commission for political system, internal and external policy," the announcement reads.
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The Spektra Association states that, according to their knowledge, the Secretary General of the Government, Dragoljub Nikolić, requested the withdrawal of the proposal of the Law from the agenda, with the explanation that "additional consultations with the Prime Minister are necessary."
"The request of the line minister, Fatmir Đeka, that the Draft Law be discussed anyway, and that the consultations take place after the session of the Commission, was not respected. This move indicates negligence towards all those who, without this law, cannot exercise the elementary human right to self-determination, without being subjected to drastic practices such as forced sterilization".
They also say that this procedure of the Government is not in accordance with the binding conclusions of the relevant bodies of the United Nations, nor with the practice of the European Court of Human Rights.
"And the European Commission, in its letter to the Government dated December 13, 2024 (which Spektra Association had access to), expressed a positive opinion on the proposal of the Law on legal recognition of gender identity based on self-determination and the intention to improve human rights in Montenegro. In the opinion, it is especially emphasized that the intention to harmonize Montenegro with the best practice of the European Union and the EU Strategy on LGBTIQ equality for the period 2020-2025 is appreciated Therefore, in May 2024, the UN Committee on the Prohibition of Discrimination against Women issued binding conclusions expressing concern that transgender women are obliged to undergo involuntary sterilization as a condition for legal gender recognition, and issued a binding recommendation to Montenegro to speed up the adoption of legislative measures on public policy plan to ensure that transgender women can obtain legal gender recognition and name change in the birth registry without undergoing involuntary sterilization (para. 36 a))".
The Spektra Association states that it is concerned about the "unnecessary delay in the process" of adopting the law.
"We note that the proposal of the Law itself was approved by every relevant ministry, including the Ministry of Internal Affairs under the leadership of Danilo Šaranović, the Ministry of Health under the leadership of Dr. Vojislav Šimun, the Ministry of Education under the leadership of Anđela Jakšić Stojanović, the Ministry of Social Welfare, Family Care and Demography under the leadership Damir Gutić, the Ministry of Justice under the leadership of Bojan Božović, the Ministry of Spatial Planning, Urbanism and State Property under the leadership of Slaven Radunović, and the Secretariat for Legislation where he headed by Slavica Bakić. Therefore, we are concerned about the request for additional consultations with the Prime Minister and the unnecessary delay in the process of adopting this law, which is fundamentally important for building a just and equal society for which the Government of Montenegro is declaratively committed."
They remind that in the recently adopted Interim Report of the European Union on the criteria for chapter 23, published on June 21 this year, it is stated that Montenegro should "intensify efforts to protect the rights of LGBTIQ persons in a credible and systematic manner" and that it is called to "pay special attention proper application of the rights and freedoms established by the European Convention on Human Rights, its protocols, judicial practice, as well as the implementation of judgments of the European Court of Human Rights".
Among other things, it was stated, as they add, that chapter 23 can be closed only when Montenegro "ensures the effective application and enforcement of the rights and freedoms established by the European Convention on Human Rights, its protocols and the practice of the European Court of Human Rights".
"The adoption of this law would also respond to the latest European Commission Report on Montenegro, which indicates that the draft law on legal recognition of gender has not yet been adopted. We remind you that the adoption of this law is an obligation outlined in the Government Program for Montenegro's accession to the European Union for 2023–2024, planned for the 2024th quarter of XNUMX. We demand that Prime Minister Spajić show political responsibility and put forward a proposal for a law on legal recognition of gender identity. self-determination on the agenda of the Government, by the end of this year at the latest," the announcement reads.
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