NGO Group: Amendments to the Law on Public Assemblies Violate Human Rights

The proposed amendments to the Law on Public Gatherings and Public Events represent a serious violation of human rights and circumvention of democratic procedures, according to the Human Rights Action (HRA), the Center for Women's Rights (CŽP), and the Institute Alternative (IA).

These non-governmental organizations (NGOs) made this statement regarding the Proposal for Amendments to the Law on Public Gatherings and Public Events, which was submitted to the Parliament by a group of deputies of the parliamentary majority, which provides for an absolute ban on peaceful gatherings that may temporarily restrict traffic, with the provision of extremely high fines.

It is alleged that these proposals represent a disproportionate restriction of the fundamental human right to peaceful assembly, guaranteed by Article 52 of the Constitution, Article 21 of the International Covenant on Civil and Political Rights, and Article 11 of the European Convention on Human Rights.

HRA, CŽP and IA said that it is concerning that the legal proposal was submitted without a public debate, without an assessment of compliance with the acquis communautaire of the European Union (EU), as well as without insight into international standards and the practice of the European Court of Human Rights (ECHR).

They said that, in doing so, the proponents openly admit that they did not consider the compatibility of the proposal with international treaties that Montenegro has signed and ratified.

"We recall that, according to EU documents containing the final benchmarks for closing Chapter 23, Montenegro is obliged to ensure respect for the rights and freedoms set out in the European Convention on Human Rights and the case law of the ECHR," the statement said.

The CŽP, HRA and IA said that, in this light, the attempt to pass a law that would absolutely ban protests on roads represents a step backwards for democracy and European integration of Montenegro.

These NGOs said that they had sent a letter to the Legislative and Political System, Judiciary and Administration Committees urging MPs and relevant committees of the Parliament to refer the proposal to the Ministries of Human Rights, Justice, Internal Affairs and European Integration for assessment of compliance.

In the letter, they stated, they appealed for a broad public debate to be opened with the participation of domestic and international experts, including the Council of Europe, the EU, and the OSCE.

"Aware of the challenges that multi-day traffic blockades can cause, especially during the tourist season, we emphasize that the solution must not lie in bans, but in democratic mechanisms that protect the rights of all citizens, both to freedom of movement and to the expression of opinions through peaceful assemblies," the statement said.