HRA: Hate speech increasingly prevalent, government representatives often encourage or tolerate it

There is a constant effort by some politicians in power to narrow the space for free expression of their critics, especially from the ranks of NGOs and lawyers, say the Human Rights Action.

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Photo: HRA
Photo: HRA
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Hate speech is increasingly present in public discourse in Montenegro, and government representatives often encourage or tolerate it, the Human Rights Action (HRA) announced on the occasion of International Human Rights Day.

The NGO also says that there is a constant effort by certain politicians in power to narrow the space for free expression of their critics, especially from the ranks of NGOs and lawyers.

They point out, among other things, that attacks on journalists continue to represent a serious problem, as well as that violence among children is a serious problem that is taking on increasingly brutal forms.

"On International Human Rights Day 2025, there are more than a hundred active wars and armed conflicts, international or internal. Of particular concern is the situation in Ukraine, where the war has been raging for four years with unabated violence, and in Gaza, where true peace is still far from in sight. Amnesty International, Human Rights Watch and the Independent International Commission of Inquiry of the UN Human Rights Council have determined that Israel has committed genocide against Palestinians in Gaza. US President Donald Trump has imposed sanctions on officials of the International Criminal Court (ICC), including two judges and two prosecutors. The UN rapporteur, Francesca Albanese, has shown in her reports that both multinational companies and 28 states have aided war crimes and genocide by providing military technology and weapons to Israel," the statement recalls.

Support for an international order based on respect for human rights and international humanitarian law has drastically decreased, as HRA says. "However, the United Nations special rapporteurs, Ms. Albanese, as well as Margaret Satterthwaite, Irene Khan and Mary Lawlor, who have been interested in human rights in Montenegro in the past year, as well as the High Commissioner for Human Rights Volker Turk, who visited Montenegro, give hope that there are incorruptible voices at the international level ready to stand up for the human rights of all," they add.

Montenegro's accession to the European Union

Although membership in the European Union is a proclaimed strategic goal of Montenegro, the actions of the executive branch continue to call it into question, according to the HRA.

"Only the seventh of a total of 33 chapters has been closed. Five more are expected to be closed in mid-December, not including the 'external relations' chapter, which Croatia blocked because Montenegro adopted a Resolution on genocide in the Jasenovac, Dachau and Mauthausen camps last year, under pressure from Serbian nationalist parties in power."

Chapters 23 and 24, which concern human rights and the judiciary, the fight against organized crime and corruption, are the most demanding and will remain open until the end of the negotiation process, they add. The Human Rights Action, they point out, continuously reminds of the final benchmarks that need to be reached in that process, "including with this statement."

On the protection of human rights before the Constitutional Court

The HRA also says that the Constitutional Court, "due to the irresponsibility of the authorities," currently has only five out of seven judges, "insufficient to efficiently resolve the large number of constitutional appeals (1.672) and initiatives for the assessment of constitutionality and legality (364)."

"Despite this, the Constitutional Court has ruled on all constitutional appeals older than two years since last year, thus preventing the violation of the right to a trial within a reasonable time. Due to party interests, there is a danger that a judge's mandate, which has already unconstitutionally lasted for over a year, will be extended."

About the judiciary

They remind that salaries for judicial office holders have been temporarily increased and constitutional amendments have been initiated regarding the composition of the Judicial Council in accordance with international recommendations. "However, a number of tasks remain on the path to the EU: the selection of the missing judges and state prosecutors and better organization in order to achieve promptness, making quality decisions, impartially determining accountability, improving working conditions and capacities of courts. The issue of ensuring integrity through adequate vetting is still under question."

Right to life

HRA also believes that institutions are lagging behind in protecting the right to life and security of citizens.

"It has been almost a year since the Council for Civilian Control of Police Work issued a statement on the police's actions during the mass crime in Cetinje on January 1, 2025, while the Ombudsman only published an opinion on the Cetinje massacre in 2022 this year. Also, statistics show the dramatic consequences of the lack of a timely institutional response — this year alone, as many as four femicide cases have been recorded."

The lack of responsibility, they said, is particularly visible in relation to the examination of liability for negligent treatment: "Even after 14 years since Ivana Šoć's death, the doctors' liability has not been established, although experts from the Faculty of Medicine in Ljubljana recently confirmed the previous finding of their colleagues from Croatia before the Higher Court in Podgorica, that her life was lost due to medical negligence. The latest tragic cases are also of additional concern - the death of a baby in Nikšić and the death of a boy in Bar, which have yet to be effectively investigated."

Prohibition of torture

Torture victims have "finally gained the right" to free legal aid, the HRA points out.

"The binding instruction of the Supreme State Prosecutor contributed to adequate monitoring and reporting on the processing of torture complaints, but did not significantly improve the effectiveness of investigations. The state continues to fail to ensure the prohibition of torture in accordance with international standards or provide adequate procedural guarantees, making the implementation of the recommendations of the European Committee for the Prevention of Torture (CPT) – crucial for the closure of Chapter 23 – unattainable. Despite appeals, the government has not published the CPT's preliminary observations."

According to the findings of the Operational Team for Combating Domestic Violence and Violence against Women, as announced, there has been progress in handling domestic violence cases, especially in terms of uniformity, efficiency and more consistent criminal law qualification of violence. "However, there are still limitations such as insufficient human and technical capacities, uneven quality of risk assessments, weaker coordination with the police and social work centers, insufficient information to victims about the course of the procedure."

War crimes prosecution and other victims' rights

They indicate that Montenegro is more actively investigating war crimes thanks to more intensive communication with the International Residual Mechanism for Criminal Tribunals.

"The status of civilian victims of war has been recognized for all missing and killed civilians from the wars of the 1990s, and their family members have been provided with monthly financial compensation. The state has also provided one-time assistance of 100.000 euros each for 16 families in the cases of Murino, Tuzi, Štrpci and the deportation of refugees, but the families of the missing from Kosovo and BiH have been unjustifiably omitted. The conclusion of the Annex to the Agreement on Cooperation between the State Prosecutor's Offices of Montenegro and Croatia, which introduced reciprocity in cooperation in the prosecution of war crimes, is also positive, which should enable Montenegro to receive information on the results of the investigation in the 'Lora 3' case, which relates to the torture and suffering of the Nikšić-Šavnik group."

They remind that the initiative to erect a monument to the victims of war crimes in Kaluđerski laz received the support of the Ministry of Culture and Media.

"The local parliament of Bijelo Polje has adopted an initiative to strip convicted war criminal Radovan Karadžić of the 'Risto Ratković' award he received in 1993. On the other hand, the reopening of old cases has not yet yielded results, regional cooperation remains at a formal level, there has been no progress in providing monuments and a day of remembrance for the victims of the Deportation, the state has not officially established and adequately marked the International Day of Remembrance for the Victims of the Srebrenica Genocide, and this crime is still occasionally relativized by politicians and in the media."

Prohibition of inciting or inciting hatred and intolerance

Hate speech, the HRA points out, is increasingly present in public discourse, and government representatives "often encourage or tolerate it."

"Following the mass murder in Cetinje on January 1, there has been an increase in hate speech, especially on social networks. It culminated in relation to Turkish citizens, in the context of an incident for which Turkish citizens were wrongly accused. Established patriarchal patterns normalize violence against women and LGBTIQ people, and female activists, as well as female MPs and other state officials, are also under attack. The State Prosecutor's Office does not recognize hate speech in the erection of a monument to a decorated Hitler ally or in war propaganda such as the statements of the President of the Municipality of Pljevlja 'Next year in Prizren'. The normalization of such rhetoric threatens the rule of law, social cohesion and European integration," they say.

Freedom of expression, media and investigations into attacks on journalists in Montenegro

In Montenegro, HRA believes, there is a constant effort by certain politicians in power to narrow the space for free expression of their critics, especially from the ranks of NGOs and lawyers.

"They cannot tolerate criticism and react immoderately. The State Prosecutor's Office and the Police Directorate, out of inertia, initiated misdemeanor proceedings against journalists' comments on social networks, but they suspended them when they were pointed out to international standards of freedom of expression."

They also say that attacks on journalists in Montenegro, both verbal and physical, continue to be a serious problem.

"There has been no progress in solving the murder of Duško Jovanović in 2004, nor in the attack on Tufik Softić, nor in determining responsibility for the wounding of Olivera Lakić. According to data from the Media Union and the Safejournalists database, 28 incidents were recorded in 2025, an increase from 24 cases in 2024. There were also five convictions. Of particular concern are the attacks on photojournalists Stevo Vasiljević and Boris Pejović in the village of Gornje Zaostro near Berane, while they were reporting on the erection of an illegal monument. Political calculation and the impossibility of electing candidates from CANU and NGOs for the Council of the Agency for Audiovisual Services, as well as the failure to implement court rulings regarding the election of the director of RTCG, further threaten the legal order and public trust in state institutions."

About violence among children

They also note that violence among children in Montenegro remains a serious problem that is "taking on increasingly brutal forms." "It has been reported that in the 2024/2025 school year alone, 115 cases of this type of violence were recorded, and public releases of footage of boys and girls fighting being filmed and encouraged by numerous of their peers are of particular concern. Although the Government has announced several measures and judicial institutions have stepped up sanctions, progress still does not match the urgency of the situation."

About the rights of persons with disabilities

Although a new psychiatric clinic opened in Podgorica in September 2024, the HRA adds, the position of people with psychosocial disabilities remains almost unchanged.

"Excessive and prolonged hospitalization in the Special Psychiatric Hospital (SPB) in Dobrota remains common, minors continue to be placed there despite the institution's lack of jurisdiction over them, and institutionalization remains the dominant – often the only – form of care. Community-based support services are underdeveloped, and courts and prosecutors' offices remain physically inaccessible. This situation jeopardizes progress in key chapters 23 and 24 on the path to the EU."

On respecting social and economic rights

Montenegro, they say, still lags significantly behind in fulfilling the recommendations of the UN Committee on Economic, Social and Cultural Rights, especially in the area of ​​combating poverty and ensuring basic existential needs.

"The lack of a strategic approach to combating poverty, accurate data and adequate procedures continues to hinder the effective protection of the rights of the most vulnerable groups and the planning of public policies."

Rights of transgender people and sexual minorities

They also point out that the Law on Legal Recognition of Gender Identity was prepared and agreed upon with relevant institutions in 2024, but was then halted and has not been included on the Government's agenda since the end of that year, thus preventing its submission to the Parliament.

"The European Commission's report reaffirms that such delays represent a serious failure by Montenegro to meet its international human rights obligations. During a visit in May, the United Nations High Commissioner for Human Rights, Volker Türk, encouraged the authorities to submit this draft law to Parliament and abolish the existing practice of sterilization," the statement reads.

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