The Law on Legal Recognition of Gender Identity Based on Self-Determination is ready for consideration at the Government session, but political calculation and the instrumentalization of human rights through political bargaining, instead of responsible action, clearly show where the process of its adoption has stalled.
This was stated at the panel discussion "Where is it stuck? From draft to implementation: how do human rights remain a dead letter on paper?", organized by the Spektra Association, reports PR Center.
Mirjana Pajković, Director General of the Directorate for the Promotion and Protection of Human Rights and Freedoms at the Ministry of Human and Minority Rights, said that the Law on Legal Recognition of Gender Identity on the Basis of Self-Determination is ready for consideration by the Government, recalling that the adoption of this act is part of the Government's Work Program, the accession process, but also the reform agenda.
"The law is fully ready to be considered by the Government. It is encouraging that its adoption is planned in the Government's work program, as well as within the framework of the European integration process. We have made an additional effort to ensure that the importance of the law is clearly recognized through the key strategic documents of the state. If these documents have already been adopted by the Government, then it is logical that there is readiness to adopt the law that stems from them," believes Pajković.
She pointed out that human rights violations are often not explicit, but occur in a sophisticated way, through systemic marginalization and ignoring, and especially through their constant being put out of focus.
"Non-acceptance of human rights priorities reflects on the self-respect of citizens and the very reputation of the state. We at the Ministry are not asking for privileges, but equal treatment and recognition that the protection of human rights is just as important as any other reform process," Pajković pointed out.
She reminded that the Law does not deal with the creation of special rights, but with the implementation of existing constitutional norms and international obligations of the state.
Pajković pointed out that the Law achieves two reform goals – reducing the number of complaints to the Ombudsman and reducing court proceedings.
"This directly fulfills the elements of the reform agenda, while at the same time enabling citizens to exercise their right to a dignified life," explained Pajković.
She emphasized that in the process of drafting the law, the Ministry secured all necessary consents from line ministries, including those with different political affiliations.
"We received approval from all relevant ministries, including those from different political parties. It was not an easy process, because it is a completely new law and a new practice. We had to work additionally with institutions to achieve understanding. There is no rational explanation for someone who gave approval as a minister or ministry to now be against the same law in the government," said Pajković, according to PR Center.
She assessed that political calculations regarding the law would be wrong, because ministers do not speak on behalf of the party, but on behalf of the Government and the citizens.
"Ministers do not vote in the Government only on behalf of their party or supporters. They are ministers of all citizens. The decisions they make must be in line with the official policy of the Government, not daily political interests," said Pajković.
She pointed out that, although the Ministry does not have a dominant role within the executive branch, it has not given up on the law and that the proposal will continue to be submitted to the Government every month until it is adopted.
"We are encouraged that the law has not been withdrawn. We believe that at some future strategic moment it will be put on the agenda and supported. We will nominate it every month, because we still have that final, most extensive step left, to have the material included in the Government session," said Pajković.
The Executive Director of the LGBTIQ Association Queer Montenegro, Staša Baštrica, speaking about the Law on Same-Sex Life Partnership, assessed that it had been marginalized from the very beginning, both in institutions and in political discourse.
"If we talk about priorities and non-priorities, then this law was and remains anything but a priority. From the very beginning, we faced clear opposition from institutions, government representatives, and political actors," Baštrica reminded.
According to her, the responsibility for the fact that the law has not been fully implemented to date lies at multiple levels.
"The first level of responsibility is the Government of Montenegro and the relevant ministries, which did not work on harmonizing sectoral laws with the Law on Life Partnership in a timely manner. In this way, LGBTIQ people and same-sex partners were deprived of numerous basic rights, which clearly shows that their equality was never a real priority," Baštrica emphasized.
She added that political actors, although some initially supported the law, later completely omitted any initiative to adapt the accompanying laws and bylaws.
"We had politicians who were "in favor" at the time, but later they no longer engaged in any specific implementation measures. It all came down to an initial image of support, without any substantive commitment," said Baštrica, according to PR Centar.
She also highlighted the problem of lack of institutional cooperation.
"We, as an organization, recently received a request from a ministry about which laws are in line with the Law on Life Partnership, which clearly indicates the lack of any interdepartmental mechanism and coordination. Institutions show no interest, nor are they aware of the importance of this law," said Baštrica.
She emphasized that the law is essential for a dignified life, equality and safety for LGBTIQ people, and that it is not about "ticking off tasks" but about the real lives of citizens.
"Our fight is not a seasonal campaign, it is not an event for photography. This is a fight for basic human rights, for dignity, for the safety of every lesbian, gay, bisexual, trans, intersex and queer person in Montenegro," said Baštrica.
She warned of the devastating fact that twelve years have passed since the first Pride, and five years since the adoption of the Law on Life Partnership, and there has been no substantial progress.
"Instead of progress, we are witnessing regression, the strengthening of right-wing narratives, and systemic ignoring of the rights of this community. And when statistics show that fewer people would help an LGBTIQ person in need, it is clear that this is a social climate that politicians are actively shaping," Baštrica assessed.
She told politicians that if they are not doing their job in the institutions, they should not come and stand with them on the streets.
"Your presence is empty if you don't work on laws, if you don't provide budgets for support services, if you don't work on harmonizing regulations. Don't use us for political points, because the community remembers who was there when it was needed, and who was only there when the cameras turned on," Baštrica is clear.
The Chief Advisor of the Ombudsman, Dina Knežević, recalled that the institution of the Protector of Human Rights and Freedoms of Montenegro submitted an initiative to the Parliament in 2012 for the adoption of the Law on Same-Sex Partnerships, thus becoming the first institution to formally stand by the LGBT community.
"We only received the law in 2020, after numerous challenges. Although its adoption was an important step, its implementation in practice remains limited," Knežević pointed out.
According to her, the problem lies primarily in the lack of compliance with other regulations, which prevents the exercise of numerous rights guaranteed to same-sex partners.
The Ombudsman Institution, she added, participated in all working groups as an observer, contributing from the perspective of human rights and the practice of the European Court of Human Rights.
Knežević also recalled the institution's contribution to the field of trans rights, including a recommendation from 2011 that initiated an amendment to the Health Insurance Law, after which the process of gender adjustment was partially covered by health insurance costs - initially in the amount of 80 percent.
She particularly pointed out the importance of enacting a law on legal recognition of gender identity, which, she stated, was also recommended by the European Commission against Racism and Intolerance (ECRI) in 2023.
However, the growing influence of right-wing narratives is leading to a standstill in the adoption of both that law and the law on the Protector, which, he says, directly undermines human rights.
"The law itself is not enough. Without education, without a prepared sociological terrain, real progress cannot be expected," Knežević emphasized.
It is about systemic education - from elementary and secondary schools to universities, but also among civil servants and decision-makers, given that numerous gender stereotypes come from the institutions themselves.
Speaking about the problem of hormone shortages for trans women, Knežević pointed out that it is a "basic issue of respect for human rights" and emphasized that the number of those affected cannot be an excuse for institutional neglect.
"Thanks to the intervention of the Ombudsman institution, therapy has recently been available not only at the Clinical Center, but also in health centers. I find the question of how many people are affected by hormone shortages devastating. The strength of a society is reflected in its attitude towards the weakest," said Knežević, adding that the institution will continue to act proactively and point out all problems concerning the rights of LGBT people.
Danijela Nikić, an activist with the Spektra Association, emphasized that self-determination is not the right of just one marginalized community, but rather the right of absolutely all citizens of Montenegro, stating that this law does not seek special rights, but equal rights for all.
She pointed to a deep legal gap in the existing system: while changing one's personal name is legally possible for everyone, the procedure for changing gender and personal identification number remains undefined and left to the discretionary interpretation of Ministry of Interior officials.
"In practice, this legal gap means that the state requires trans people to undergo sterilization - an invasive medical procedure that involves the removal of reproductive organs. This is neither physically nor psychologically easy, and even less justified," Nikić warned.
The consequences, he says, are everyday and painful.
"When you pick up a package at the post office, you have to justify your body. At the border, they are detained for hours. When they report violence – they are ridiculed. This society clearly sends them a message: 'This system does not recognize you'," Nikić warned.
She recalled that back in 2017, the European Court of Human Rights ruled that the sterilization requirement was a gross violation of human rights, calling on member states to urgently find solutions for legal recognition of gender identity without such requirements.
"Montenegro is still among the rare European countries that foster this practice. Shouldn't we be better than that?" Nikić asked.
Commenting on the frequent argument of right-wing structures that this is a law that will "serve only a few", Nikić said that the rule of law either exists for everyone or it does not exist.
"If a law will improve the life of just one person, that is reason enough to pass it," Nikić pointed out.
She recalled that Montenegro has already undertaken obligations to adopt this law through the European Union accession program, the Government's work program, as well as action plans and international recommendations.
"The European Parliament has sent a clear message: adopt the law — without delay. This is a key test for Montenegro: whether we will respect human rights only declaratively, or through concrete legislative measures. We don't need any more messages from Brussels, we already have them. Now it's up to us to decide whether we will listen to them," Nikić concluded.
Juventas Program Director Jelena Čolaković pointed to the continuous political calculation and lack of essential responsibility when it comes to the treatment of human rights in the political and legislative system of Montenegro.
She also addressed the insincerity of political actors regarding fulfilling obligations towards the EU.
"We have a coordination mechanism that should be the Government, but we are obviously lacking heads. We are lacking heads, and this is in the largest government in the history of Montenegro," said Čolaković.
She also pointed out the difference in the language used in the action plans for European integration.
"Chapter 23 is called 'establishing a law', and Chapter 24 is called 'passing a law'. If all laws go through the same procedure, why is there a difference here? If the same parties make up both the Government and the Parliament, how is it possible that something can be adopted in the Government but not in the Parliament?" asked Čolaković.
She said that the Ministry of Human and Minority Rights is not the "lifeblood" of this Government, and that it should be.
"If that's not a priority, who are we actually working for? For real estate projects on Ada Bojana?" Čolaković added.
She also addressed the lack of political will to pass the Law on Legal Recognition of Gender Identity Based on Self-Determination, recalling that its adoption is planned for the third quarter of 2025.
"July, August, September. Tell me, who even works then? Does that mean they're not taking it seriously this time either?" said Čolaković.
She stressed that she had become skeptical and that the essential approach to human rights remained the same — "political commerce, not accountability."
Čolaković believes that individual support from MPs is important, but not enough.
"We need collective responsibility from political parties. Without it, the rights of citizens remain hostage to political agreements. And without mercy," concluded Čolaković.
Member of the Parliament of Montenegro Miodrag Laković pointed out that laws dealing with the rights of LGBT people are emancipatory.
"If these laws contribute to a better position of one person in the state, we should advocate for their adoption. On my own behalf, I can say that I will always support their adoption," said Laković.
In addition to Laković, the panel discussion was also attended by MP Zoja Bojanić Lalović, although the invitation to the event was sent to all MPs individually.
The panel discussion was held as part of the project "The Right to Self-Determination - the Right of Everyone", which is implemented by the Spektra Association with the support of the Ministry of Human and Minority Rights.
Bonus video:
