The Ministry of Internal Affairs, by remaining silent, violated the rights of a citizen from Tivat whose children, although they have lived in that city since birth, do not have citizenship or legally regulated residence in Montenegro.
This was concluded by the Protector of Human Rights and Freedoms, after conducting an investigation. The Protector was contacted by a citizen who claims that he and his refugee wife (from the Republic of Croatia and Bosnia and Herzegovina) have been living in Montenegro since 1992/1995, and that they have permanent residence in Montenegro, while their two minor children (born in 2009 and 2016) do not have citizenship or legally regulated residence in Montenegro, although they have lived in Tivat since birth.
Because of this, he stated in the complaint, they cannot extend their children's health cards, they do not exercise their right to child allowance and other rights that they are entitled to based on their residence in Montenegro. The complainant also stated that they encounter obstacles in all state institutions where confirmation of the children's residence is requested, and that the parents were not informed that there is a special application procedure for stateless children born in Montenegro.
He also claims that the offered solution of "family reunification" is inappropriate, because the children have never been separated from their parents, and such treatment represents inhumane treatment of minor children and places them in legal and social insecurity.
The Ombudsman, the opinion states, initiated an investigation and sent a letter to the Branch for Administrative Affairs, Citizenship and Foreigners in Tivat (MUP).
In addition to the initial request, two more urgent requests were sent several months apart, but to date the Protector has not received what they requested.
"Such failure to respond over a long period of time represents a bad practice in the work of state bodies, especially when it comes to issues that directly affect the rights of minors and their legal and social status," states the opinion signed by the Deputy Protector. Snezana Mijušković.
The Ombudsman concluded that in this case, a violation of the citizen's rights occurred due to the administration's silence:
“The silence of the administration, especially in cases concerning the exercise of fundamental status rights, represents a serious deviation from the principles of good administration, legal certainty and the rule of law. Failure to respond to the requests of the Protector prevents effective supervision over the work of administrative bodies, prolongs the state of legal uncertainty of the party and further deepens the feeling of insecurity and distrust in the institutions of the system. Such conduct is not in accordance with the obligation of the bodies to cooperate with the Protector and to submit the requested information within the legally prescribed deadline.”
The Protector emphasized that the issue of citizenship is one of the most sensitive and complex status issues, regarding which citizens have numerous doubts and ambiguities.
"The procedures for acquiring citizenship, regulating residence and obtaining the necessary documentation are often complex and require clear, precise and timely information to the parties by the competent authorities. For this very reason, the burden of clear interpretation and transparent application of regulations must lie with the administrative authorities, not with the citizens," the Ombudsman states.
The Protector recommended that the Ministry of the Interior act without delay upon their requests, as well as upon the parties' submissions and urgencies, and that it submit the requested statements and documentation within the legally prescribed deadlines, in accordance with the principles of legality, efficiency and good administration. It was recommended that in procedures relating to the acquisition of citizenship and the regulation of residence, it ensure transparent and understandable information to parties about their rights and obligations, and that each decision, especially a negative one, contains a clear, complete and relevant explanation based on specific facts and applicable regulations, as well as to improve the practice of providing support to parties.
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