Alternative Report on the Application of

The Framework Convention for the Protection of National Minorities in Montenegro

INTRODUCTION

This Report contains brief information and the most important particulars on the situation in Montenegro and, in the first instance, those of importance for the legal and actual position of minority national communities, and consequently the application of the Framework Convention. The Report was composed on the basis of data available to mentioned NGOs, the data being provided through fieldwork and in other manners.

I BASIC INFORMATION

1.1.

Montenegro is a component part of the State of Serbia and Montenegro

The area of Montenegro covers 13 812 km2.

Total population of Montenegro, according to the census from 1991, was 615 035 inhabitants, of which 380 467 were Montenegrins, or 61.84%; 57 453 were Serbs, or 9.29%; 40 415 were Albanians, or 6.64%; 89 614 were Moslems (Bosnians), or 14.62%; 6244 were Croatians, or 1.02%; 3 282 were Romas, or 0,53%; and 26 159 were Yugoslavs, or 4,2 %. Accordingly, the total number of Montenegro inhabitants-members of minorities is 139 555, or 22,81 %. The census, foreseen for 2001, has been delayed twice. It has not been completed yet. There are no newer information on ethnic composition than 1991 census.

The members of minorities groups live mainly in the regions along the border line of Montenegro, where they have been residing: Albanians have been residing along the border line of Montenegro gravitating to Albania, and from Ulcinj to Podgorica (Tuzi) along the Mountain Prokletije border; Moslems-Bosnians have been residing in Sandžak part of Montenegro (north part of Pljevlja, in Bijelo Polje, Rožaje, Plav etc.) but also in Podgorica, Bar, Nikšić and other towns; Croatins have been living along the whole line of Montenegro seaside, from Herceg Novi to Ulcinj, and the major part of them in Tivat and Kotor, and the smaller part in Podgorica, whereas Romas have been dispersed throughout the territory of Montenegro.

II HISTORICAL REVIEW

The accomplishment of minority rights in Montenegro can be divided into three periods, such as: (1) 1990 –1992, (2) 1992-1997, and (3) from 1997 so far.

The first period can be indicated as the end of the existence of SFRY, the period that has been known in Montenegro as the beginning of dislocation of minority groups’ members to other countries. Minority national communities were deprived of their rights in all aspects of national, cultural and religious identity, and they experienced complete lack of basic human rights provided for by the Constitution and by law.

Paragraph 2 of Article l of the 1974 Constitution of the Republic Montenegro had provided for the equality of Moslems, Albanians and Croatians to Montenegrins, whereas the 1992 Constitution of Montenegro, in its Preamble, stated the Constitution was passed on the basis of “historical right of Montenegrin people to have its own state, acquired through centuries-long struggle for freedom…” Other people living in Montenegro were neither recognized by their names, nor by their minority origin, but by the term ‘national and ethnic groups’ without stating precise names of those groups[2]. The only national minority group recognized in the laws of Montenegro after 1992 is the national minority group of Albanians,(recognized in Law on education and Public information law) which is the result of continuity from ex state.

The Constitution of FRY, in paragraph 1 of Article 16, states that FRY has fulfilled a significant part of the obligations resulting from International treaties, to which it was a signatory party, but this is not obvious in the very formulation, i.e., it is not clear whether the said International Treaties are the ratified ones being under the Federal Parliament jurisdiction.

The second period was characterized by all means of torture and pressure exerted toward the members of national minorities, ranging from the employment cessations, temporary arrests, public invitations to expose members of national minorities to lynching, the beating up of their children in schools to the making of damage and ruining of private and religious buildings, whole settlements and murders. Dismissed members of Croatian nationality in MTRZ ¨Sava Kovacevic¨ Tivat (data could be found in the database of SDP in Tivat), beaten student of Croatian nationality from Tivat (data available at Security Center Tivat), housebreaking in the premises of Radio Tivat and the invitation to lynch Croatians (data available at Security Center Tivat and in Radio Tivat), 76 cases of physical torture of Moslems-Bosnians having permanent consequences (document book Bukovica by Jakub Durgut), the case of Štrpci(document book -Usud imena- by Rifat Rastoder and database of cases Humanitarian Law Fund, 5 houses fired in Bukovica near Pljevlja (document book Bukovica by Jakub Durgut), bombing of the Mosque in Nikšić (data available at security center Niksic), the putting out of catholic altar from the common church (the church with two altars, one for the orthodox, another for the Catholics) in Sutomore (data available at database of Montenegrin Helsinki Committee and Kotor Bisopric), 6 Moslems-Bosnians from Bukovica near Pljevlja murdered during the second period (document book Bukovica by Jakub Durgut), a great number of Croatians and Moslems-Bosnians left Montenegro permanently.

The moving in of Serbs dislocated from Croatia and Bosnia has changed demographic structure in Herceg Novi and Tivat permanently. The deportation of many Moslems-Bosnians, refugees from Bosnia and Herzegovina, to the territory of Republic Srpska[3] were done.

The period from September 1997, when the position party was divided, to October 5, 2001, when the regime of Slobodan Milošević was replaced, has to be pointed out in the third period. The Ministry for the Protection of the Rights of National and Ethnic Groups’ Members, the Minister of which a member of Demokratska Unija Albanaca (Democratic Union of Albanians) was, has been established through the reforming of old position party and by its entering into the coalition with other parties. During its work and until the ratification of the Framework Convention, the Ministry proposed the Cabinet the preparation of the Law on National Minorities three times, and each time the proposal was rejected with the explanation ‘the actual moment is not convenient’. The period of this regime has been characterized by declarative efforts for the improvement of minority rights, but nothing has been implemented in practice. The pressure continues to be exerted on minorities’ members, and they apply to the Ministry more frequently for the protection of their rights[4]. Dislocated persons from Kosovo, the members of national minorities of school age, Albanians and Romas, have not been enrolled in school and they have not been allowed to attend school regularly, in spite of the fact the conditions were fulfilled and regardless of the fact the significant number of children was reported timely before the beginning of school year. On the other side, the children-Serbs, the refugees from Bosnia and from Croatia and dislocated persons from Kosovo regularly continue their schooling, although being reported at any time during a school year.

During the said period, Montenegro was a component part of Federal Republic of Yugoslavia, being the region in which also Federal and Republic legislations, regulating the area of human and minorities’ rights, were applied. According to the Federal Constitution, minority groups were defined as national minorities, and according to Montenegro Constitution, they were defined as national, ethnic and religious groups. However, after the change of the 1998 FRY Constitution, the Parliament of Montenegro passed the decision the Federal legislation not to be applied within the territory of Montenegro and, therefore, all the legislation on human rights, passed at Federal level and covering the human rights, has not been applied.

II LEGAL FRAMEWORK

Legal framework for the application of the Framework Convention for the Protection of Minorities is the Constitution of FRY and the Constitution of Montenegro.

CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA

April 1992

Mindful of the freedom-loving, democratic and nation-building traditions, historical ties and shared interests of the state of Serbia and the state of Montenegro. Arising from the unbroken continuity of Yugoslavia and voluntary association between Serbia and Montenegro. The Federal Chamber of the Assembly of the Socialist Federal Republic of Yugoslavia, following upon the proposals and consent of the National Assembly of the Republic of Serbia and the Assembly of the Republic of Montenegro.

Hereby adopts and promulgates:

THE CONSTITUTION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA

SECTION I

BASIC PROVISIONS

Article 1

The Federal Republic of Yugoslavia shall be a sovereign federal state, founded on the equality of citizens and the equality of its member republics.

Article 2

The Federal Republic of Yugoslavia shall be composed of the Republic of Serbia and the Republic of Montenegro.

The Federal Republic of Yugoslavia may be joined by other member republics, in accordance with the present Constitution.

Article 3

The territory of the Federal Republic of Yugoslavia shall be a single entity comprising the territories of the member republics.

The frontiers of the Federal Republic of Yugoslavia shall be inviolable.

The boundaries between member republics may be changed only subject to their agreement, in accordance with the constitutions of the member republics.

Article 6

A member republic shall be a state in which power is vested in its citizens.

A member republic shall be sovereign in matters which under the present Constitution are not reserved to the jurisdiction of the Federal Republic of Yugoslavia.

A member republic shall autonomously organize its government under its own constitution.

The right of local self-government shall be guaranteed, in accordance with the constitution of each member republic.

Article 7

Within its competencies, a member republic may maintain relations with foreign states, establish its own missions in other states, and join international organizations.

Within its competencies, a member republic may conclude international agreements, but not to the detriment of the Federal Republic of Yugoslavia or any of its other member republics.

Article 8

In the Federal Republic of Yugoslavia, power shall be vested in the citizens.

Citizens shall exercise power directly and through freely elected representatives.

Article 9

The Federal Republic of Yugoslavia shall be founded on the rule of law.

Laws must be in conformity with the Constitution .

Executive and judicial powers shall be subject to law.

The rights and freedoms of man and the citizen shall be restricted only by the equal rights and freedoms of others and in instances provided for in the present Constitution.

Article 10

The Federal Republic of Yugoslavia shall recognize and guarantee the rights an freedoms of man and the citizen recognized under international law.

Article 11

The Federal Republic of Yugoslavia shall recognize and guarantee the rights of national minorities to preserve, foster and express their ethnic, cultural, linguistic and other peculiarities, as well as to use their national symbols, in accordance with international law.

Article 15

In the Federal Republic of Yugoslavia, the Serbian language in its ekavian and ijekavian dialects and the Cyrillic script shall be official, while the Latin script shall be in official use as provided for by the Constitution and law.

In regions of the Federal Republic of Yugoslavia inhabited by national minorities, the languages and scripts of these minorities shall also be in official use in the manner prescribed by law.

Article 16

The Federal Republic of Yugoslavia shall fulfill in good faith the obligations contained in international treaties to which it is a contracting party.

International treaties which have been ratified and promulgated in conformity with the present Constitution and generally accepted rules of international law shall be a constituent part of the internal legal order.

Article 17

The Federal Republic of Yugoslavia shall confer Yugoslav citizenship on its inhabitants.

A Yugoslav citizen shall be simultaneously a citizen of one of its member republics.

A Yugoslav citizen may not be deprived of his citizenship, deported from the country, or extradited to another state.

A Yugoslav citizen abroad shall enjoy the protection of the Federal Republic of Yugoslavia.

Yugoslav citizenship shall be regulated by federal law.

Article 18

Church and state shall be separate.

Churches shall be free and equal in conducting religious affairs and in the performance of religious rites

SECTION II

FREEDOMS, RIGHTS AND DUTIES OF MAN AND THE CITIZEN

Article 19

The freedoms, rights and duties of man and the citizen which ensure the equality of people and citizens in the Republic of Yugoslavia shall be laid down by the present Constitution.

Article 20

Citizens shall be equal irrespective of their nationality, race, sex, language, faith, political or other beliefs, education, social origin, property, or other personal status.

Everyone shall be equal before the law

Each person shall be duty bound to respect the rights and freedoms of others and shall be held responsible for it.

Article 21

Human life shall be inviolable.

Criminal offenses prescribed by federal legislation may not carry the death penalty.

Article 22

The inviolability of the physical and psychological integrity of the individual, his privacy and personal rights shall be guaranteed.

The personal dignity and security of individuals shall be guaranteed.

Article 23

Every individual shall have the right of personal freedom.

No one may be deprived of his liberty except in cases and according to the procedure laid down by federal law.

Every person taken into custody must be informed immediately in his mother tongue or in a language which he understands of the reasons for his arrest, and he shall be entitled to demand that the authorities inform his next of kin of his detention.

The detained person must promptly be informed of his right to remain silent.

The detained person shall be entitled to choose his own defense counsel.

Illegal arrests shall be a punishable offense.

Article 24

A person suspected of having committed a criminal offense may be taken into custody and detained by order of a competent court only when it is necessary for the conduct of criminal proceedings.

The detained person must be given an explanation for his arrest of arrest. The suspect shall have the right of appeal, which must be decided on by the court within 48 hours.

The length of detention must be of the shortest possible duration.

The detention ordered by a first instance court may not exceed three months from the day of arrest. This time limit may be extended for a further three months by order of a higher court. If by the end of this period charges have not been brought, the suspect shall be released.

Article 25

Respect for the human personality and dignity in criminal and all other proceeding in the event of detention or restriction of freedom, as well as during the serving of a prison sentence, shall be guaranteed.

The use of force against a suspect who has been detained or whose freedom has been restricted, as well as any forcible extraction of confessions or statements, shall be prohibited and punishable.

No one may be subjected to torture, or to degrading treatment or punishment.

Medical and other scientific experimentation may not be carried out on an individual without his consent.

Article 26

Every person shall be entitled to equal protection of his rights in a legally prescribed procedure.

Everyone shall be guaranteed the right of appeal or resort to other legal remedies against a decision which infringes a right or legally founded interest.

Article 27

No one may be punished for an act which did not constitute a penal offense under law or by-law at the time it was committed, nor may punishment be inflicted which was not envisaged for the offense in question.

Criminal offenses and criminal sanctions shall be determined by statute.

Everyone charged with a criminal offense shall have the right to be presumed innocent until proved guilty under a valid decision of the court.

A wrongfully convicted or wrongfully detained person shall be entitled to rehabilitation and to compensation for damages from the state, and to other rights as envisaged by federal law.

Article 30

Citizen shall be guaranteed freedom of movement and residence and the right to leave and return to the Federal Republic of Yugoslavia.

The freedom of movement and residence and the right to leave the Federal Republic of Yugoslavia may be restricted by federal statute, if so required for criminal proceedings, to prevent the spread of contagious diseases, or for the defense of the Federal Republic of Yugoslavia

Article 31

The home shall be inviolable.

Federal statute may prescribe that a person acting in an official capacity. and possessed of a court warrant, may enter a dwelling or other premises against the will of their tenants and carry out a search.

The search must be held in the presence of two witnesses.

In the manner laid down by federal law, an authorized official may enter a dwelling or other premises without a court warrant and carry out a search without the presence of witnesses if so required to apprehend the perpetrator of a criminal offense or to save human lives and property.

Article 32

Privacy of the mail and of other means of communication shall be inviolable.

Federal statute may prescribe that, under a court decision, the principle of inviolability of privacy of the mail and other means of communication may be put in abeyance if so required for the purposes of criminal proceedings, or for the defense of the Federal Republic of Yugoslavia

Article 35

Freedom of confession, conscience, thought and public expression of opinion shall be guaranteed.

Article 36

Freedom of the press and other forms of public information shall be guaranteed.

Citizens shall have the right to express and publish their opinions in the mass media.

The publication of newspapers and public dissemination of information by other media shall be accessible to all, without prior approval, after registration with the competent authorities.

Radio and television stations shall be set up in accordance with the law.

Article 37

The right to have published false information which violates someone's rights or interests corrected shall be guaranteed. Entitlement to compensation for damages arising therefrom, shall be guaranteed.

The right of reply in the public media shall be guaranteed.

Article 38

Censorship of the press and of other forms of public information shall be prohibited.

No one may prevent the distribution of the press or dissemination of other publications, unless it has been determined by a court decision that they call for the violent overthrow of the constitutional order or violation of the territorial integrity of the Federal Republic of Yugoslavia, violate the guaranteed rights and liberties of man and the citizen, or foment national, racial or religious intolerance and hatred.

Article 39

Freedom of speech and public appearance shall be guaranteed.

Article 40

Citizens shall be guaranteed the freedom of assembly and other peaceful gathering, without the requirement of a permit, subject to prior notification of the authorities.

Freedom of assembly and other peaceful gathering of citizen may be provisionally restricted by a decision of the competent authorities, in order to obviate a threat to public health or morals or for the protection of the safety of human lives and property.

Article 41

The freedom of political, trade-union and other association and activities shall be guaranteed, without the requirement of a permit, subject to registration with the competent authorities.

Sources of revenue of political parties shall be open to public scrutiny.

Trade unions shall be set up to protect the rights and promote the professional and economic interests of their members.

Article 42

Activities of political, trade-union, and other organizations aimed at the violent overthrow of the constitutional order, violation of the territorial integrity of the Federal Republic of Yugoslavia, violation of the guaranteed rights and liberties of man and the citizen, or the incitement of national, racial, religious or other intolerance and hatred shall be prohibited.

The founding of secret societies and paramilitary groups shall be prohibited.

Professional members of the armed forces and police force of the Federal Republic of Yugoslavia may not organize in trade unions.

Justices of the Federal Constitutional Court and the Federal Court, the Federal Public Prosecutor, professional members of the armed forces and police force of the Federal Republic of Yugoslavia may not belong to political parties.

Article 43

Freedom of religion, public or private profession of religion, and performance of religious rites shall be guaranteed.

No one shall be obliged to reveal his religious beliefs.

Article 45

Freedom of the expression of national sentiments and culture and the use of one's mother tongue and script shall be guaranteed.

No one shall be obliged to declare his nationality.

Article 46

Members of national minorities shall have the right to education in their own language, in conformity with the law.

Members of national minorities shall have the right to information media in their own language.

Article 47

Member of national minorities shall have the right to establish educational and cultural organizations or associations, in conformity with the law, which are financed on the principle of voluntary contributions, and may also receive assistance from the state.

Article 48

Members of national minorities shall be guaranteed the right to establish and foster unhindered relations with co-nationals within the Republic of Yugoslavia and outside its borders with co-nationals in other states, and to take part in international non-governmental organizations, provided these relations are not detrimental to the Federal Republic of Yugoslavia or to a member republic.

Article 49

Everyone shall be guaranteed the right to use his own language in proceedings before a tribunal or other authority or organization which in the performance of their public powers decide on his rights and duties and in the course of these proceedings to be informed of the facts in hi own language.

Article 50

Any incitement or encouragement of national, racial, religious or other inequality as well as the incitement and fomenting of national, racial, religious or other hatred and intolerance shall be unconstitutional and punishable.

Article 56

Employed persons shall be entitled to limited working hours, to a daily and weekly rest period, and to paid holidays and leave of absence, in conformity with the law and/or collective agreement.

Employees shall have the right to job safety protection, in accordance with the law.

Young persons, women, and disabled persons shall have special protection on the job, in accordance with the law.

Civil servants and professional members of the armed forces and police force shall not have the right to strike.

Article 62

Education shall be accessible to all, under equal conditions.

Primary education shall be free and compulsory, in conformity with the law.

Everyone shall be obliged to perform public office in an honorable and responsible manner.

Article 67

The rights and freedoms of man and the citizen shall be exercised and duties fulfilled in conformity with the Constitution.

The manner in which various rights and freedoms of man and the citizen are to be exercised may be prescribed by law when so provided for by the Constitution or when necessary for their implementation.

Abuse of the rights and freedoms of man and the citizen shall be unconstitutional and punishable

The rights and freedoms recognized and guaranteed by the present Constitution shall enjoy the protection of the courts.

SECTION VII

FEDERAL CONSTITUTIONAL COURT

Article 124

The Federal Constitutional Court shall rule on:

1) the conformity of the constitutions of member republics with the Constitution of the Federal Republic of Yugoslavia;

2) conformity of statutes, other laws and general enactment's with the Constitution of the Federal Republic of Yugoslavia and with ratified and promulgated international treaties;

3) conformity of statutes and other laws and general enactment's of the member republics with federal law;

4) conformity of other regulations and general enactment's of federal agencies with federal law;

5) conformity of general enactment's of political parties and associations of citizens with the present Constitution and federal law;

6) complaints about a ruling or action violating the rights and freedoms of man and the citizen enshrined in the present Constitution;

7) a conflict of jurisdiction between federal and republican authorities as well as between the authorities of member republics;

8) prohibition of activities of political parties and other associations of citizens;

9) violation of rights in the course of the election of federal officials.

The Federal Constitutional Court may decide on the constitutionality and legality of acts which are no longer in force, provided the time between the cessation of their validity and initiation of proceedings does not exceed one year.

Article 127

Anyone may sponsor an initiative for proceedings to establish constitutionality and legality.

Proceedings before the Federal Constitutional Court may be initiated by government authorities or artificial persons if they believe that a right or interest has been violated by an act whose constitutionality and legality are in question.

The Federal Constitutional Court may itself initiate proceedings to assess constitutionality and legality.

Article 128

The Federal Constitutional Court shall decide on a complaint when other legal remedies are not available.

SECTION IX

AMENDMENTS TO THE CONSTITUTION

OF THE FEDERAL REPUBLIC OF YUGOSLAVIA

Article 139

Proposals form amendment of the Federal Republic of Yugoslavia, with the exception of Articles 1, 2, 3, 6, 7, 77, 140 and 141 may be submitted by a minimum number of 100,000 voters, at least 30 federal deputies from the Chamber of Citizens, at least 20 federal deputies from the Chamber of Republics, and by the federal government.

Proposals to amend the Constitution of the Federal Republic of Yugoslavia shall be decided upon by the chambers of the Federal Assembly by a two-thirds majority of the federal deputies in each of the two chambers.

Tea act of amending the constitution of the Federal Republic of Yugoslavia shall be adopted in both chambers of the Federal Assembly by a two-thirds majority of the federal deputies in each of the two chambers.

If the act of amending the Constitution of Federal Republic of Yugoslavia is not adopted, the same proposal may not be resubmitted for one year from the day it failed to be passed.

Article 140

Proposals to amend Article 1, 2, 3, 6, 7, 77, 140 and 141 of the Constitution of the Federal Republic of Yugoslavia may be submitted by no fewer than 100,000 voters, or no fewer than 30 federal deputies of the Chamber of Citizens, or by the federal government or assembly of a member republic.

A proposal to amend the Constitution of the Federal Republic of Yugoslavia shall be decided on by the Chamber of Citizens of the Federal Assembly by a two-thirds majority.

The Chamber of Citizens may decide to amend the Constitution of the Federal Republic of Yugoslavia after the assemblies of the member republics have approved the proposal for amendment.

If the proposal to amend the Constitution is not passed, the same proposal may not be resubmitted within one year from the day the proposal was rejected.

Article 141

The draft act to amend Articles 1, 2, 3, 6, 77, 140 and 141 of the Constitution of the Federal Republic of Yugoslavia shall be decided on in the Chamber of Citizens of the Federal Assembly by a two-thirds majority,.

The amendment of the Constitution of the Federal Republic of Yugoslavia shall be deemed to be accepted when the assemblies of the member republics have approved the text adopted by the Chamber of Citizens of the Federal Assembly.

If the assembly of a member republic should fail to approve the wording of the amendment of the Constitution as adopted by the Chamber of Citizens, the rejected draft constitutional amendment may not be placed on the Federal Assembly’s agenda within one year from the day the Chamber of Citizens establishes the lack of consensus.

Article 142

Amendments to the Constitution of the Federal Republic of Yugoslavia shall be promulgated by the Federal Assembly.

CONSTITUTION OF THE REPUBLIC OF MONTENEGRO

PART ONE

BASIC PROVISIONS

Article 1

STATE

Montenegro is a democratic, social and ecological state.
Montenegro is a republic.
Montenegro is the member of the Federal Republic of Yugoslavia.

Article 2

SOVEREIGNTY

Montenegro shall be sovereign in all matters which it has not conferred on to the jurisdiction of the Federal Republic of Yugoslavia.
Sovereignty is vested in all the citizens of the Republic of Montenegro.
Citizens shall exercise their sovereignty directly and through their freely elected representatives.
Any change in the status of the country, change of the form of government and any change of frontiers shall be decided upon only by citizens in a referendum.

Article 3

DEMOCRACY

No authority shall be either established or recognised which does not result from the freely expressed will of citizens.

Article 4

RULE OF LAW

The state is founded on the rule of law.
The government shall be in conformity with the Constitution and Law.

Article 5

DIVISION OF POWER

The government of Montenegro shall be arranged according to the rule of the division of power into the legislative, executive and judicial.
Legislative power is vested in the Assembly, the executive power in the Government and the judicial in the courts of law.
Montenegro shall be represented by the President of the Republic.
Constitutionally and legality shall be protected by the Constitutional Court.

Article 6

THE STATE SYMBOLS

Montenegro shall have a coat of arms, a flag and a national anthem.

Article 7

THE CAPITAL CITY AND ADMINISTRATIVE CENTRE

The administrative centre of Montenegro shall be Podgorica.
The capital city of Montenegro shall be Cetinje.

Article 8

TERRITORY

The territory of Montenegro shall be a single and inalienable territory.
Montenegro shall be organised in territorial units - municipalities.

Article 9

LANGUAGE AND ALPHABET

In Montenegro Serbian language of the iekavian dialect will be the official language.
Cyrillic and Latin alphabets shall be deemed to be equal.
In the municipalities in which the majority or a substantial number of population consists of the national minorities and ethnic groups, their respective languages and alphabets shall be in the official use.

Article 10

CITIZENSHIP

Montenegro shall confer Montenegrin citizenship on its citizens.
No person may be deprived of the Montenegrin citizenship nor of the right to change the citizenship.

Article 11

RELIGION

The Orthodox Church, Islamic religious community, the Roman Catholic Church and other faiths shall be separate from the state. All the faiths shall be deemed to be equal and free in the performance of their religious rites and affairs.
All the religious denominations will independently arrange their interior organisation and religious affairs within the legal set-up.
The state shall offer material assistance to religious denominations.

Article 12

LEGISLATURE

The law shall prescribe and regulate the following, in accordance with Constitution:
1) Manner in which rights and freedoms shall be exercised if this is necessary for their exercise;
2) Manner of establishing, organising and competence of the state authorities and the procedure before the authorities if this is necessary for the proper functioning;
3) The system of the local self-government;
4) Other matter of interest for the Republic.

Article 13

LIMITS OF FREEDOM

In Montenegro everything shall be deemed to be free if not prohibited by law.
Everyone is obliged to uphold the Constitution and the law.
Public officials must consciously and honestly perform their duties and shall be held responsible for their performance.

PART TWO

FREEDOMS AND RIGHTS

Article 14

BASIC PROVISIONS

Freedoms and rights shall be exercised in accordance with the Constitution.

Article 15

FREEDOM AND EQUALITY

All citizens and free and equal regardless of any particularities and/or other personal attributes.
Everyone shall be equal before the law.

Article 16

INVIOLABILITY

Freedoms and rights are inviolable.
Everyone is obliged to respect freedom and rights of other.
Any abuse of the freedom and rights shall be deemed to be unconstitutional and shall be punishable according to law.

Article 17

PROTECTION

Everyone is entitled to an equal protection of his freedoms and rights in the procedure prescribed by law.

RIGHT OF APPEAL

Everyone is guaranteed the right to an appeal or some other legal remedy against the decisions deciding on his rights or interests based on the law.

Article 18

LEGAL ASSISTANCE

Everyone shall have the right to legal assistance.
Legal assistance shall be offered by the Bar Association, as an independent service and by other legal services.

Article 19

ENVIRONMENT

Everyone shall have the right to a healthy environment and shall be entitled to a timely and complete information on its state.
Everyone has the duty to preserve and promote the environment.

1. Personal Freedoms and Rights

Article 20

PERSONAL INVIOLABILITY

Physical and psychological integrity of a man, his privacy and personal rights are inviolable.
Dignity and safety of a man are inviolable.

Article 21

CAPITAL PUNISHMENT

Human life is inviolable.
The capital punishment may be ruled and pronounced only for the most serious crime offence.

Article 22

DETENTION

Every person is entitled to personal freedom.
The seizure or detention must be understood by the arrested person to be an arrest, promptly and in his own language or in the language which he understands, and the reasons for the arrests must be communicated.
Detained persons must be promptly informed of his right to remain silent.
At the request of the person detained, the arresting authority must promptly inform close relations of the detained about his arrest.
Person detained shall have the right to have the defence council of his choice present at the hearing.
Illegal arrest shall be deemed to be a punishable offence.

Article 23

CUSTODY

A person reasonably suspected of having committed a criminal offence may be detained and held in confinement on the basis of the decision by a competent court of law, only when this is indispensable for the conduct of criminal procedure.
Person detained must be given the warrant for the arrest with adequate explanation at the time of the arrest or within 24 hours at the latest from the moment of the arrest. The detained person shall have the right of appeal against the arrest which shall be decided upon by the court of law within 48 hours.
The length of detention must be of the shortest possible duration.
The detention ordered by a first instance court must not exceed three months from the day of arrest. This time limit may be extended for further three months by the decision of a higher court. If by the end of this period the indictment has not been filed, the accused shall be released.
The detention of persons underage (minors) may not exceed 60 days.

Article 24

RESPECT OF HUMAN DIGNITY

Respect of human dignity and dignity in all criminal and any other proceedings is hereby guaranteed, both in the case of arrest or limitation of freedom and during serving of pronounced sentence.

PROTECTION OF PHYSICAL INTEGRITY

The use of force against a suspect who has been detained or whose freedom has been restricted and any forcible extraction of a confession or statement, shall be prohibited and punishable.
No one may be subject to torture, humiliating and degrading treatment or punishment.
Medical and other scientific experimentation may not be carried out on an individual without his consent.

Article 25

RULE OF LEGALITY

No one may be punished for an act which did not constitute a penal offence under law or by-laws at the time it was committed, nor may a punishment be pronounced which was not envisaged for the offence in question.
Criminal offences and criminal sanction shall be prescribed by law.
Everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty by a valid decision of the court of law.

COMPENSATION OF DAMAGE

Any person wrongfully detained or wrongfully convicted shall be entitled to compensation of damages by the state.

RIGHT TO DEFENCE

Every person shall be guaranteed the right to defend himself and the right to engage a defence counsel before the court of law or before some other body authorised to conduct proceedings.

Article 26

All criminal and other punishable offences shall be determined and sentences pronounced according to legal regulation and provisions based on the law which was in force at the time the offence was committed, except if the new legal regulations and provisions are based on the law which is more lenient for the perpetrator.

Article 27

Ne bis in idem
No person shall be tried twice for the same offence.

Article 28

FREEDOM OF MOVEMENT AND RESIDENCE

Citizens shall be guaranteed the freedom of movement and residence.
Freedom of movement and residence may be restricted only for purpose of conducting criminal investigations, for prevention of contagious diseases or when so required for the defence of the Federal Republic of Yugoslavia.

Article 29

HOME

The home shall be inviolable.
A person in an official capacity may enter a dwelling or other premises against the will of the tenant and my search them, but only on the grounds of a search warrant issued by a court of law.
The search shall be conducted in the presence of two witnesses.
A person in an official capacity may enter dwelling or other premises without the court warrant and may conduct the search without the presence of two witnesses if so required for immediate apprehension of the perpetrator of a criminal act or for purpose of saving human lives and property.

Article 30

PRIVACY OF MAIL

Privacy of mail and other means of communication shall be inviolable.
Under a court decision the principle of inviolability of the privacy of mail and other means of communication may be put in abeyance if so required for purpose of criminal proceedings or for the defence of the Federal Republic of Yugoslavia.

Article 31

PERSONAL DATA

Protection of secrecy of personal data shall be guaranteed.
The use of personal data for purposes other than those for which they were compiled shall be prohibited.
Everyone shall have the right of access to personal data concerning his own person and the right of judicial protection in case of their abuse.

2. Political Freedoms and Rights

Article 32

VOTING RIGHT

Every citizen of Montenegro who has reached the age of 18 shall be entitled to vote and be elected to a public office.
The voting right is exercised at the elections.
The voting right is general and equal.
Elections shall be free and direct and voting shall be by a secret ballot.

Article 33

INITIATIVE, REPRESENTATION AND PETITION

Every person shall be entitled to a free initiative, to submit representation, lodge a petition or a proposal to a state authority and shall be entitled to receive an answer thereto.
No person shall be held responsible and neither shall suffer any other detrimental consequences for opinions expressed and contained in the initiatives, representations, petitions or proposals, except in case the person in question has therethrough committed a criminal offence.

Article 34

FREEDOM OF MAN

Freedom of belief and conscience shall be guaranteed.
Freedom of thought and public expression of opinion, freedom of confession, public or private profession of religion and freedom to express national affiliation, culture and the freedom to use one's own language and alphabet shall be guaranteed.
No person shall be obliged to declare his opinion, confession and national affiliation.

Article 35

FREEDOM OF PRESS

Freedom of press and of other public information media shall be guaranteed.
Citizens shall have the right to express and publish their opinion in the public information media.
Publication of newspapers and public dissemination of information by other media shall be accessible to everyone without prior permission, subject to registration with the competent authority. Radio and television broadcasting organisations shall be established in accordance with law.

Article 36

RESPONSE, RECTIFICATION, COMPENSATION OF DAMAGES

The right to a response and the right to rectification of incorrect published information or data as well as the right to compensation of damages caused by publishing of incorrect information or data shall be guaranteed.

Article 37

CENSORSHIP OF PRESS

Censorship of press and of other forms of public information media shall be prohibited.

DISTRIBUTION OF PRESS

No person shall have the right to prevent distribution of press and dissemination of other information except when the competent court of law shall find that they call for a forcible overthrow of the order established by the Constitution, violation of the territorial integrity of Montenegro and the Federal Republic of Yugoslavia, violation of guaranteed freedoms and rights or incite and foment national, racial or religious hatred and intolerance.

Article 38

Freedom of speech and public appearance shall be guaranteed.

Article 39

FREEDOM OF ASSEMBLY

Citizens shall be guaranteed the right to peacefully assemble without prior approval, subject to prior notification of the competent authorities.
Freedom of association and other peaceful assembly may be provisionally restricted by a decision of the competent authority in order to prevent a threat to public health and morals or for the protection of human lives and property.

Article 40

FREEDOM OF ASSOCIATION

Citizens shall be guaranteed the freedom of political, trade union and other association and activities, without the requirement of a permit, subject to registration with the competent authorities.
The state shall offer assistance to political, trade union and other associations whenever there is a public interest thereof.

Article 41

PROHIBITION OF ORGANISATION

Political organisation in the state authorities shall be prohibited.
Professional members of the police force may not be members of the political parties.
Judges, justices of the Constitutional Court and the public prosecutor may not be members of the bodies of the political parties.

Article 42

SECRET AND PARA-MILITARY ORGANISATIONS

Activities of political, trade union and other organisations aimed at the violent overthrow of the constitutional order, violation of the territorial integrity of Montenegro and of the Federal Republic of Yugoslavia, violation of guaranteed freedoms and rights of man and citizen or inciting and fomenting of national, racial, religious and other hatred or intolerance shall be prohibited.
Establishment of secret (clandestine) organisations and paramilitary groups shall be prohibited.

Article 43

INEQUALITY AND INTOLERANCE

Any incitement or encouragement of national, racial, religious and other inequality and incitement and fomenting of national, racial, religious and other hatred or intolerance shall be unconstitutional and punishable.

Article 44

CITIZEN AND INTERNATIONAL ORGANISATIONS

Citizens shall have the right to participate in regional and international non-governmental organisations.
Citizens shall have the right to address international institutions for purpose of protection of their freedoms and rights guaranteed under the Constitution.

3. Economic, Social and Cultural Freedoms and Rights

Article 45

PROPERTY

Property shall be inviolable.
No person shall be deprived of his property, nor may it be restricted except when so required by the public interest, as prescribed by law, subject to fair compensation which may not be below its market value.

Article 46

INHERITANCE

The right of inheritance shall be guaranteed.

Article 47

EARNING AND ENTREPRENEURSHIP

Freedom of earning and freedom of entrepreneurship shall be guaranteed.
All acts and activities creating or instigating monopoly and preventing market oriented economic activities shall be prohibited.

Article 48

RESTRICTION OF OWNERSHIP AND EARNING

The right to own property and the freedom of earning may be restricted by law, i.e. legal regulations with the force of law, for the duration of a state of emergency, in times of immediate threat of war or a state of war.

Article 49

TAXATION

All person shall be obliged to pay taxes and other dues.

Article 50

COPYRIGHT

Freedom of creation and publishing of scientific and works of art, scientific discoveries and technical innovations shall be guaranteed and their authors shall be entitled to moral and material rights.

Article 51

STATE OF EMERGENCY

Everyone shall be obliged to participate in prevention and elimination of the general state of emergency.

Article 52

RIGHT TO WORK

Everyone shall have the right to work, to a free choice of occupation and employment, to just and humane conditions of work and to protection during unemployment.
Forced labour shall be prohibited.

Article 53

RIGHTS OF WORK FORCE

All persons shall have the right to corresponding remunerations.
All persons employed shall have the right to limited working hours and a paid vacation.
All persons employed shall have the right to protection at work.
Youth, women and disabled persons shall enjoy special protection at work.

Article 54

STRIKE

All persons employed shall have the right to a strike for protection of their professional and economic interests.
Persons employed in the state administration and professional members of the police force shall not have the right to strike.

Article 55

SOCIAL SECURITY

Under a mandatory insurance scheme all persons employed shall provide for themselves and members of their families all forms of social security.
The state shall provide social welfare for citizens unable to work and without livelihood, as well as for citizens without the means of subsistence.

Article 56

PROTECTION OF DISABLED PERSONS

Disabled persons shall be guaranteed social protection.

Article 57

HEALTH CARE

Everyone shall be entitled to health care.
Children, expectant mothers and elderly persons shall be entitled to publicly financed health care, if they are not covered by another insurance program.

Article 61

ABUSE OF CHILDREN

Abuse of children is prohibited.
Employment of children and minors on jobs hazardous for their health and development shall be prohibited.

Article 62

EDUCATION

Everyone shall be entitled to education under equitable conditions.
Primary education shall be mandatory and free of tuition fees.

Article 63

AUTONOMY OF UNIVERSITIES

The autonomy of universities, higher education institutions and scientific institution shall be guaranteed.

Article 64

SCIENCE, CULTURE AND ARTS

The state shall render assistance and instigate development of education, sciences, culture, arts, sports, physical and technical cultures.
The state shall protect scientific, cultural, artistic and historical values.

Article 65

STATE AND ENVIRONMENT

The state shall protect environment.
Freedom of earning and free entrepreneurship shall be restricted by environment protection.

4. Local Self-Government

Article 66

LOCAL SELF-GOVERNMENT

The right to a local self-government shall be guaranteed.
Local self-government shall be exercised in the municipality and in the capital.
Citizens shall decide through local self-government directly and through their freely elected representatives on certain public and other affairs of direct interest for the local population.
Local self-government in the municipality shall consist of the assembly and of the president of the municipality.
The Republic shall offer assistance to the local self-government.

5. Special Rights of National and Ethnic Groups

Article 67

PROTECTION OF IDENTITY

The protection of the national, ethnic, cultural, linguistic and religious identity of the members of national and ethnic groups shall be guaranteed.
Protection of rights of members of national and ethnic groups shall be exercised in accordance with the international protection of human and civic right.

Article 68

LANGUAGE, ALPHABET, EDUCATION AND INFORMATION

Members of national and ethnic groups shall have the right to free use of their mother tongue and alphabet, the right to education and the right to information in their mother tongue.

Article 69

SYMBOLS

Members of national and ethnic groups shall have the right to the use and display of their national symbols.

Article 70

ASSOCIATION

Members of national and ethnic groups shall have the right to establish educational, cultural and religious associations, with the material assistance of the state.

Article 71

EDUCATIONAL PROGRAMS

Curriculum of educational institutions shall cover both history and culture of the national and ethnic groups.

Article 72

LANGUAGE

Members of the national and ethnic groups shall be guaranteed the right to the use of their mother tongue in the proceedings before the state authorities.

Article 73

REPRESENTATION

Members of the national and ethnic groups shall be guaranteed the right to a proportional representation in the public services, state authorities and in local self-government.

Article 74

CONTACTS

Members of the national and ethnic groups shall have the right to establish and maintain free contacts with citizens outside of Montenegro with whom they are having a common national and ethnic origin, cultural and historical heritage and religious beliefs, but without any detriment for Montenegro.

RIGHT OF APPEAL

Members of the national and ethnic groups shall have the right to participate in the regional and international non-governmental organisations, and the right to address international institutions for purpose of protection of their freedoms and rights guaranteed by the Constitution.

Article 75

EXERCISE OF RIGHTS

Special rights granted to members of the national and ethnic groups may not be exercised if they are in contradiction with the Constitution, principles of international law and principle of territorial integrity of Montenegro.

Article 76

PROTECTION COUNCIL

Republican Council for Protection of Rights of National and Ethnic Groups shall be established in Montenegro, for purpose of preservation and protection of the national, ethnic, cultural, linguistic and religious identity of national and ethnic groups and for the exercise of their rights prescribed by the Constitution.
Republican Council for Protection of Rights of National and Ethnic Groups shall be headed by the President of the Republic.
Composition and competencies of the Republican Council shall be prescribed by the Assembly.

PARLIAMENT OF THE REPUBLIC OF MONTENEGRO
THE RESOLUTION ON PROTECTION OF MONTENEGRO'S INTERESTS

Aware of the responsibility that we have, on the basis of the Constitution of the Republic of Montenegro, to protect constitutional order and position of Montenegro, its state dignity and development of democracy in Montenegro;
Confirming our earlier stated attitude regarding illegitimacy and illegality of the federal authorities that were constituted against the provisions of the Constitution of the Federal Republic of Yugoslavia, constitution of the Republic of Montenegro, laws and will of the Montenegrin citizens;
Concluding that there is a constant violation of the Constitution of FRY at the expense of Montenegro and its constitutional position stipulated in articles 1 and 6 of the Constitution, and that the latest amendments of the Constitution led to a classic constitutional destruction;
Decided to comply with its constitutional responsibility and will of the citizens of Montenegro expressed at the elections held in 1998;
The Parliament of the Republic of Montenegro, at the second meeting of the first regular session in 2000, held on July 8, 2000, promulgated

RESOLUTION ON THE PROTECTION OF RIGHTS AND INTERESTS OF THE REPUBLIC OF MONTENEGRO AND ITS CITIZENS

1. The Parliament shall not recognize and accept any legal or political act whatsoever
passed by the legislative, executive and judicial authorities of the federal state without
participation of lawful and legal representatives of Montenegro.
2. The Parliament shall not recognize and accept amendments of the Constitution of the
Federal Republic of Yugoslavia, as the amendments were adopted by the illegal and
illegitimate Federal Parliament, against the majority will of the citizens of Montenegro
and flagrantly violating the constitutional right of the Republic of Montenegro as an equal
constituent of the federal state.
3. The Parliament calls upon all the state authorities to act, within the framework of
their constitutional and legal powers, in accordance with this resolution and not to
implement any decisions whatsoever adopted by the illegitimate and illegal federal
authorities and to undertake all the normative and other measures necessary for the
protection of interests of the citizens and the Republic of Montenegro and unhindered
functioning of its legal system.
4. The Parliament calls upon all the state authorities of the Republic, especially the
Ministry of Internal Affairs, political parties, bodies and institutions to contribute
through their activities to preserve peace, as well as members of the Yugoslav Army not to
allow to be abused against the citizens, institutions and state authorities of the Republic
of Montenegro.
5. The Parliament calls upon the citizens of Montenegro, citizens and democratic forces of
Serbia as well us international community to help finding peaceful solutions to the
problems existing between Montenegro and the state authorities of Serbia and the
Federation, respecting the will of citizens, since it is in the interest of both Montenegro
and Serbia, but also in the interest of the stabilization of circumstances in the South
East Europe.

III THE APPLICATION OF THE FRAMEWORK CONVENTION

The Framework Convention was signed on May 11, 2001, and it entered into force on September 9, 2001.

During the period from 2001 so far, the official Federal authorities have undertaken concrete measures regarding the legislation on human rights and freedoms of national minorities’ communities. Vis-à-vis the Parliament Decision on disregarding the Federal regulations within the territory of the Republic of Montenegro, such regulations has not been applied in Montenegro[5].

Article 1

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.

Article 10 of FRY Constitution says that FRY guarantees the rights and freedoms, recognized by international law, to the citizens.

Article 11 of FRY Convention recognizes and guarantees the rights of national minorities to preserve and express their ethnic, cultural, linguistic and other specificities, as well as to use their symbols, in line with international law.

Article 16 of FRY Convention states that FRY shall, in good faith, fulfill all the obligations stemming from International Treaties to which it is signatory party.

In line with the Parliament decision, Montenegro has applied neither Federal laws, nor the stated provisions of the FRY Constitution.

Since Montenegro has not recognize Federal laws and federal Constitution it is not recognized any obligations steaming from the federal legislation.

Article 2

The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighborliness, friendly relations and co-operation between States.

Montenegro, as a component part of FRY, has not regarded the provisions of this Article, because it has not concluded any bilateral agreement on the protection of minorities with any other country emerged within the territory of ex FRY.

Minorities in Montenegro are interested in possibility the State sign bilateral agreements on recognizing university diplomas, in access to media and crossing borders( for people living in border area).

Article 3.

1. Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights, which are connected to that choice.

2 Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others.

Paragraph 1 of Article 45 of the FRY Constitution, having the same provision as contained in Article 34 of the Republic of Montenegro Constitution, guarantees the freedom of the expression of national and cultures affiliation, as well as the use of mother language and writing.

In early 2001, the registration of students based on their national origin was completed, and on the basis of the questionnaires the Ministry of Education and Science prepared for and sent to all primary and secondary schools in the Republic. The class master required his students minors to express their nationality individually in presence of their colleagues ( data collected on the basis of the students statement).The teachers that NGOs contacted during data collection confirm that there was registration of the students based of their ethnic origin.

A number Muslim-Bosnians express themselves as Bosnians and number of them as Muslims explicitly. There is no doubt about cultural heritage or any other issue except name of minority(s). It is been perceived that most part of government officials belonging to majority this minority name as Muslims. State media (Pobjeda daily) do not present information on activities of Matica Bosnjaka in equal manner as Matica Muslimana.There was particular case when matica Muslimana mentioned Matica Bosnjaka in unconvinient context in public statement in daily Pobjeda.Matica did not have opportunity to reply. According to media information Matica Muslimana received financial support from government whereas Matica Bosnjaka has never received any financial support from government. These facts indicate that before the census commencement there are favouring relating to the name of Muslims.

Article 4.

1 The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.

2 The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

Regardless of the explicit provision prescribed by Article 15, and in connection to Article 73 of the Constitution of the Republic of Montenegro, stating the members of minority people to be guaranteed the right of equality before the law and the right of proportional representation in the state administration and local self-government bodies, the old practice from 1990, of unequal treatment of the members of minorities on the occasion of employment and on the occasion of arrest has been continued. An example for this is the case of non-employment of Azra Jasavić. The case of applying for the post under the same conditions under which the members of majority apply to: Regardless of the better qualifications comparing to other candidates, that person was not employed. This case can be documented by Forum Muslimana –Bošnjaka.

Within the sphere of public information, discrimination has existed since 1990 so far, and it particularly relates to informing on culture and history, as well as on other issues of importance for minority people. In electronic and printed media in Montenegro, the hate speech is still present and it is against the members of national minorities in Montenegro. State media treats individuals and Governmental - Non-Governmental Organizations as the exclusive representatives of minority peoples, and their informing are broadcasted through public information media, whereas other organizations of minorities which are not under control of political parties suffer unequal treatment and they are not allowed even the right to reply, although it was provided for by the law.[6]

Romas children are discriminated on the occasion of the enrollment into schools – an example is the case in Nikšić. The Principal of the primary school, who was persistent in his efforts not to enroll Roma children and who was forced to complete the enrollment, has still been working in the same school and has not suffered any sanctions for his conduct. The detail information available at SOS Niksic or Humanitarian Law Fund .

The members of minority peoples, being discharged from their posts on the basis of national affiliations, have not been employed again, nor the state compensated the damage to them. The damage has not been compensated for the owners of ruined and destroyed private houses in Bukovica. Those that were reconstructed by the support of international donors’ funds were robbed again and demolished, and they are useless for residing.

Although the FRY Constitution, in its Article 73, guarantees the proportional participation in public services, state authorities and in local self-government, it can be said that this also has stayed a dead letter on the piece of paper. According to the survey completed by the Ministry for the Protection of the Rights of the Members of National and Ethnic Groups, the survey being done during 1999 and 2000, it has turned out that the representing of minorities’ members in state authorities does not correspond to the percentage of the members of national peoples.

The non-proportional representing of minority national communities in the Parliament of the Republic of Montenegro and in Assemblies of local self-government units is of particular worry because they have not had the percentage number of the minority peoples’ representatives in any session.

In addition to that, it is notable to mention that representatives of a certain number of state authorities were not cooperative and they did not provide the data on the number and the structure of employees at the request of the Ministry.

The Cabinet of the Prime Minister – of 48 employees only 3 (6.25%) are Moslems-Bosnians

The Ministry of Trade – of 81 employees only 5 (6.17%) are Moslems-Bosnians no other minority representatives.

The Ministry of Religions – of 9 employees 1 (11.11%) is Moslem-Bosnian and 1 (11.11%) is Croatian

The Ministry of Education and Science – of 146 employees, 7 (4.79%) are Moslems-Bosnians, 2 Albanians (1.37%), no other minority representatives.

The Ministry for the Environment Protection - of 20 employees, 1 is Moslem-Bosnian (5.00%), no other minority representatives.

The Ministry of Foreign Affairs – of 38 employees, 1 is Albanian (2.63%).

The ministry for the Protection of the Rights of the Members of National and Ethnic Groups – of 6 employees 3 are Moslems-Bosnians and 3 are Albanians.

The Ministry of Labor and Social Welfare – of 121 employees 3 are Moslems-Bosnians and 2 are Albanians.

The Ministry for Tourism – of 14 employees, 1 is Croatian.

The Ministry for Transport - of 80 employees, 6 are Moslems-Bosnians, 3 are Croats and 4 represent others.

The Ministry of Economy - of 35 employees 1 is Albanian, 1 represents others.

The Ministry for Physical Planning - of 91 employees, 1 is Albanian.

The Ministry of Culture – of 11 employees, 1 is Moslem-Bosnian and 1 is Croatian.

The Ministry of Sports – of 10 employees, no representatives of minorities.

The Ministry of Justice – of 43 employees, no representatives of minorities.

The Ministry for Agriculture, Forestry and Water Management - of 85 employees, 5 are Moslems-Bosnians.

The Ministry of Health - of 176 employees, 14 are Moslems-Bosnians and 2 are Albanians.

The Ministry if Finance - of 42 employees, 1 is Moslem-Bosnian and 1 is Albanian.

The Republic Secretariat for Information - of 26 employees, 2 are Moslems-Bosnians, 1 is Albanian.

The Republic Secretariat for Development – of 99 employees, no representatives of minorities.

Department for Public Revenues - of 543 employees, 36 are Moslems-Bosnians, 12 are Albanians and 3 are Croats.

The Republic Office for International, Scientific, Educational and Cultural Cooperation – of 15 employees, no representatives of minorities.

Employment Bureau – of 151 employees, 19 are Moslems-Bosnians, 1 is Albanian.

State Archive of Montenegro – of 147 employees, 7 are Moslems-Bosnians, 1 is Albanian and 4 are Croats.

The Supreme Court of Montenegro – of 49 employees, no representatives of minorities.

The Constitutional Court – of 4 employees, 1 is Moslem-Bosnian.

The State Prosecutor of Montenegro – of 54 employees, 7 are Moslems-Bosnians, 1 is Albanian and 1 is Croat.

Municipality Court, Kolašin – of 14 employees, neo representatives of minorities.

Municipality Court, Ulcinj – of 26 employees, 18 are Albanians.

Municipality Court, Cetinje – no representatives of minorities.

Municipality Court, Danilovgrad – of 23 employees, no representatives of minorities.

Municipality Court, Herceg Novi. No representatives of minorities.

Municipality Court, Rožaje - of 27 employees, 22 are Moslems-Bosnians.

Territorial Body for Minor Offences, Pljevlja - of 7 employees, 1 is Moslem-Bosnian. Territorial Body for Minor Offences, Bar – of 14 employees, no representatives of minorities.

Territorial Body for Minor Offences, Danilovgrad – of 9 employees, no representatives of minorities.

Territorial Body for Minor Offences, Ulcinj - of 11 employees, 1 is Moslem-Bosnian and 2 are Albanians.

Territorial Body for Minor Offences, Budva – of 13 employees, no representatives of minorities.

The treatment of minority peoples is also reflected in the fact that there has not been any single employee-member of any minority group in the Cabinet of the President of the Republic and in the Cabinet of the Parliament Speaker until the last session.

The situation is quite similar in local governments. For example, in Podgorica, the town in which the members of each minority people live and where the coalition of DPS (Democratic Party of Socialist) and SDP(Social-Democratic party) had the power, of 37 employees in local government only one member of minority people was employed.[7] According to available data, there are also employees-members of other minority groups; however, the report that was completed by local government and that was sent to the Ministry for the Protection of the Rights of the Members of National and Ethnic Groups obviously had not taken them into account. Thus, according to such data, of 93 servants in the Municipality of Kotor, where the DPS-SDP coalition had the power, only 3 were Croatians – and Croatians are the major part of total population in Kotor. [8]

In Tivat, the town with the greatest number of Croatians, all Croatians were removed from administrative and managerial positions until 1997. Nowadays, only one member of this minority people is at the managerial position in Sports Center in Tivat, and he is a member of DPS.

On the occasion of last elections, DPS-SDP coalition could not establish the power in Tivat, so it reached the agreement on the coalition with Hrvatska Građanska Inicijativa (HGI - Croatian Citizens Initiative). The agreement has not been respected by DPS-SDP coalition for three months and a half, because of the obstructions by DPS members. The coalition signed the agreement in February, but it has not been started to be followed yet, which means local government in Tivat has not been in function for four months.

There is inequality relating to religion, regardless of Article 11 of the Constitution of Montenegro that provided for ‘all religions shall be deemed to be equal …’ and regardless of the paragraph 4 of the same Article that prescribes ‘The state shall offer material assistance to religious denominations.

According to our data, the data being publicly interpreted during the pre-electoral campaign, it turns out that the State financially supported only the Orthodox Church during that period and that great number buildings have been reconstructed and fenced, whereas other religions received insufficient support.[9]

Principals of primary and secondary school in multi ethnic municipalities, such as Tivat and Pljevlja, who are selected through public announcements, but on the basis of the Ministry of Education and Science’s decision, are mainly the members of majority people.

Article 5

1 The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.

2 Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

Article 67 of the Constitution of Montenegro guarantees the protection of ethnic, cultural, linguistic and religious identity of the members of national and ethnic groups. However, there is no single cultural institution in Montenegro for minority peoples, although the Cabinet has promised the establishment of Culture and Information Center. The Center was established only in paper form, and it has not been put into function; there is neither employee in, nor location for it because of political conflicts based on religious affiliations in DUA.[10]

NGOs has taken over the functions in the field of culture: HKD Napredak for Croatians; Almanah Association and Matica Bosnjaka for Bosnians; Art Club and Don Djon Buzuku for Albanians. The funds aimed for NGOs are insufficient. For example, in last allocation of funds Matica Crnogorska was granted € 15 000 for its projects, Matica Bošnjaka was not granted any funds. Almanah Association was granted € 3000 and it rejected the funds in protest for inadequate treatment.[11]

As far as publishing is concerned, it could be said that minority peoples are in extremely unequal position comparing the majority people and taking into account the majority people are granted funds either through institutions of power or through NGO sector. Data and financial statements of the Ministry of culture show the percentage of the support for cultural activities of minorities.

According to Article 76 of the Constitution of the Republic of Montenegro, Republic Council for Protection of Rights of National and Ethnic Groups is the body for the preservation and the protection of the national, ethnic, cultural, linguistic and religious identity, which is headed by the President of the Republic and which meets eventually once a year. It should be noted that it has not considered this issue at all regardless of the fact its role is advisory one.

Article 50 of the Charter on Human and Minorities’ Rights, which was adopted at the constitutive session of the Parliament of Serbia and Montenegro, prohibits only the forced assimilation of the members of minority national communities, but it does not prohibit the silent assimilation that has been exercised and that has partly been completed through education system of the Republic of Montenegro so far.

Article 6

1. The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

2. The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

Montenegro Council for the Protection of the Rights of National and Ethnic Groups and the Ministry for the Protection of National and Ethnic Groups do not cooperate. The Ministry is informed on the recommendations of the Republic Council from the Official Gazette more often than from the communication with the Council. The members of minority peoples do not deem the members of the Council their representatives, because they do not nominate and elect them and because they are elected at the President’s proposal. Therefore, the recommendations having rhetoric nature, and being relevant as much as the members are familiar with the rights of minorities, are not implemented in practice by the Ministry. As such, the Ministry does not undertake any measure to change the existing situation.

Discrimination based on religion, culture, language and ethnicity has existed in Montenegro education system, in public life and in the treatment exerted by (police) forces in charge to maintain order toward all members of minorities, whereas the said treatment has started to have form of racial intolerance. The case of Moslems-Bosnians, young men, that were beaten up by the police in Petnjica in August 2002 illustrates this.[12]

The power has no capacity sufficient to reform itself internally and then to reform the institutions of power and to protect the citizens. The best example illustrating this fact is the work of the Ministry for the Protection of the Rights of the Members of National and Ethnic Groups that, for four years working with the Cabinet, has not been able to put the passing of the Law on Minorities in agenda and that has not been able to complete any of the projects that has been launched and that, doing its job, exerts unequal treatment toward members of various ethnic communities, especially toward Roma. From the date of establishment Ministry for national and ethnic group rights protection did not support any project submitted by Roma NGOs. Ministers were not interested to cooperate with Roma NGOs and both showed common prejudice during Roma exodus from Kosovo. During the passed years the representatives of CoE and OSCE dealing with Roma issues had meetings with Ministry representatives but the Minister was not interested to participate meetings or suggest preparation of strategy or policy to solve problems of domicile and IDP(internally displaced persons)Roma.

Article 7

The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

The Constitution of Montenegro guarantees the right of the members of national and ethnic groups to establish educational, cultural and religious associations, with the material support of the state. However, in practice, the associations of minority peoples are put in the same line with the beekeepers associations, or with children’s nurseries and play rooms, which were registered as NGO.[13]

During the assembling of the members of minorities on any occasion, it is obvious the number of policemen in uniforms and the employees from state security department is significant, which, according to the treatment that is exerted by police, provoke the feeling of control and supervision more than the feeling of the accomplishing the right to assemble peacefully.

Article 8

The Parties undertake to recognize that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organizations and associations.

Article 11 of the Constitution guarantees the equality of religions and the freedom of confession. However, it is not the case in practice. The members of minorities that exercise their religions that are relatively new within this region, face opposition from the members of traditional religions, especially from Serbian Orthodox Church.

Article 9

1 The Parties undertake to recognize that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

2 Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

3 The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

4 In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

LEGAL FRAMEWORK( 1998-2002)

PUBLIC INFORMATION - LAW

I BASIC PROVISIONS

Article 1

With the aim to ensure constitutionally granted freedom of thought and of expression in public, the freedom of press and other media as well as ensuring the citizens right to be impartially and timely informed about all events and issues that are important both for their living and their work, the Republic of Montenegro (hereinafter referred to as: the Republic) ensures and guarantees the freedom of public information.

Public information freedom is granted at the level of the standards as contained in the international acts on human rights and freedoms (the United Nations, the OESCE, the European Council, the European Union).

This Law and any regulation enacted thereof shall be interpreted in compliance with the principles contained in the European Convention on Human Rights and shall be governed by the precedence law practice of the European Court and the European Commission for Human Rights.

3. Public Media Editing
a) Editorial policy

Article 24

The editorial policy, method of work, rights, obligations and responsibilities in relation to any public medium are prescribed by its founder.

The editorial policy of a public medium must not be directed to forceful destruction of the constitutional system, violation of the territorial integrity of either the Republic or the Federal Republic of Yugoslavia, to infringement of the statutory human and citizen freedoms and rights or to rousing national, racial or religious intolerance/hatred.

Article 25

The Republican Parliament or a relevant body of a local authority is competent for establishing editorial policy of a public medium through which the State or a local authority pursues its interests in field of information, upon a proposal put up by the editorial board. The editorial policy has a validity period of 4 years and has to be adopted 60 days upon the appointment of the editorial board.

The editorial policy referred to in the paragraph 1 of this Article must provide in terms of quantity, quality and content, the fulfillment of the right to be publicly informed in their language to the national and ethnic groups living in the Republic.

The editorial policy referred to in the paragraph 1 of this Article must provide in terms of quantity, quality and content, the fulfillment of the right to be publicly informed in Albanian language.

b) Editorial Board

Article 26

A public medium founded by the Republic or a local authority has its editorial board.

The mediums editorial board is appointed by the Parliament/competent assembly which elects its members from the representatives nominated by political parties and for 4 year term of the office. The editorial board is composed of the equal number of representatives of the parties represented in the Republican Parliament i.e. in the assemblies of local authorities.

During the editorial board s term of the office, the party may recall its member and propose to the Parliament/competent assembly to appoint some other member.

The editor-in-chief takes part in the activities of the editorial board but he is not entitled to rendering decisions.

Activities of the editorial board are open to the public.

The editorial board adopts its operating by-law.

Article 27

The editorial board of a public medium proposes the editorial policy to the founder, continuously supervises and analyses its realization and considers objections of either legal or physical entities as to the observance of the freedom of public information in activities of the public medium.

The editorial board defines a proposal of the editorial policy and renders decisions on appointment or dismissal of the editor-in-chief by two-thirds majority of the total membership.

Upon the request of the founder, at least once a year, the editorial board shall make a report on the realization of editorial policy to be submitted by the end of January of current year referring to the previous one.

If the editorial board fails to submit a proposal of the editorial policy or a report on its realization to the founder, the board shall immediately be dissolved.

Article 48

Each physical person or a legal entity is entitled to give a statement or make a correction in case that the publicized information violated his right or interest.

The editor-in-chief is obliged to publicize a statement or correction to the information that was made public.

The correction and the reply shall be publicized free of any charge.

Article 49

A reply or a correction as by provisions set out herein shall be defined as any information which supplements the facts and data from the publicized information in terms of its completeness and authenticity.
The reply or correction shall be publicized without any modification or addition and in the same column i.e. television/radio program which publicized the information related to the reply or correction, which is: in the first or the second press issue at the latest, or in the first or in second subsequent radio/TV program broadcast at the latest - after the receipt of the reply or correction.

It is not allowed to concurrently publicize a commentary on either reply or correction to the information.

Article 50

If an editor-in-chief declines to publicize a reply or a correction of the false information which violated someone s right or interest, if he concurrently publicizes comment and the reply or correction, if he fails to duly and timely publicize reply or correction as to the provisions of this Law - a submitter of the reply or correction shall be fully entitled to institute a law suit in a court with the jurisdiction in the area of the main office or residence of the person who submitted the reply/correction.

If the law suit is upheld, the court shall by its decision order the editor-in-chief to publicize the reply or correction as prescribed by
this Law i.e. in the first or, at latest, in the second issue of a related press/broadcast program upon the receipt of a valid court decision.

The proceedings upon the law suit for publicizing a reply or correction shall be urgent.

Article 51

Editor-in-chief is not obliged to publicize a response or correction if:

(1) a reply or correction does not refer to the information which was the reason for claiming publicizing of the reply/correction or if it does not contain true data referring to the claims publicized in the information;
(2) a reply or correction contests the content of a publicized information whose authenticity was verified by a valid decision of a
competent authority.
(3) a reply or correction was not signed by an authorized person or if a person who submitted correction or reply failed to write his identity card number and residential address on it.
(4) a reply or correction disproportionately exceed the length of a related information and a submitter thereof declines written claim of editor-in-chief requesting appropriate shortening of the reply or correction.

NEW LEGAL FRAMEWORK (December 2002)

MEDIA LAW

I BASIC PROVISIONS

Article 1

Media shall be free in the Republic of Montenegro.

Censorship of media is prohibited in the Republic of Montenegro.

The Republic of Montenegro shall provide and guarantee freedom of information at the level of the standards as contained in the international documents on human rights and freedoms (the United Nations, the OSCE, the Council of Europe, the European Union).

This Law shall be interpreted and implemented in compliance with the principles contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms and shall be governed by the case law practice of the European Court for Human Rights.

Article 4

Media shall freely publicise information and opinions on matters, events and persons, in compliance with the Constitution, law and ethical codes of the journalism

Article 23

It is forbidden to publicise information and opinions that instigate discrimination, hatred or violence against persons or group of persons based on their belonging or not belonging to a certain race, religion, nation, ethnic group, sex or sexual orientation.

The founder of the medium and the author shall not be held accountable if the information referred to in paragraph 1 of this Article is part of scientific or authorial work the subject of which is a public issue and is publicised:

- without intention to instigate discrimination, hatred or violence, especially if that information is a part of an objective news report;

- with intention to critically indicate the discrimination, hatred or violence or any phenomena which represent or might represent instigation to such behaviour.

Article 34

A medium is obliged to keep all texts or broadcast recordings for at least 30 days upon their publication and to make them available to persons who may claim their right to correction or reply by provisions of this Law.

VIII PENALTY PROVISIONS

Article 42

A fine chargeable from ten-fold to thirty-fold minimum salary in the Republic shall be imposed on a founder of the medium if:

1) it fails to publicise the data referred to in the Articles 18 and 19 in a manner prescribed by this Law;

2) a medium fails to keep texts or broadcast recordings, for at least 30 days after publicising and make them available to the persons who as by provisions set out herein have the right to correction or reply ;

Article 43

A fine chargeable from twenty-fold to fifty-fold amount of minimum salary in the Republic shall be imposed on a medium founder if:

1) it publicises an information obtained in an unlawful way contrary to the Article 21, paragraph 1 of this Law;

2) it fails to protect the integrity of minors pursuant to the provisions of the Article 22 of this Law;

3) it publicises information and opinions contrary to the provisions of the Article 23 of this Law;

4) it publicises an advertisement contrary to the Article 24 of this Law;

5) it fails to publicise the information about the result of criminal proceedings based on the final judgement (Article 25, paragraph 2);

6) under the conditions prescribed by the provisions of this Law, it fails to publicise or provide publication of the correction or reply of a natural or legal person to the previously publicised information, which has infringed someone’s right granted by the Constitution or law (Articles 26 and 29);

FACTUAL

There is no information in the Bosnian Language, nor in the Croatian Language, or in the Romas’ Language in state media. There is news in the Albanian Language once a day at 18 o’clock on Radio Montenegro, and there is a TV broadcasting in the Albanian language, having the collage character and lasting one hour.

In practice, nothing has been undertaken to support minority communities of Bosnians, Croatians and Romas to publish their newspapers. Albanian minority has its publications called Koha javore, the founder of which the Cabinet of the Republic of Montenegro is, whereas other printed media have no support from the state.

In local radio stations and within localities with significant number of the members of minority peoples, there is neither program in minority languages, nor program for the encouraging cultural pluralism as the quality. Romas have their broadcasting once a week on Radio Gorica, the broadcasting being paid from international donations.

Article 10

1 The Parties undertake to recognize that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

2 In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavor to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

3 The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

In practice, this Article has not been applied in Montenegro for Croatian Roma and Bosnian languages. Albanian language could be used in public administration in areas with certain number of persons belonging to Albanian minority ( i.e.Ulcinj).

Article 11

1 The Parties undertake to recognise that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system.

2 The Parties undertake to recognise that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.

3 In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavour, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

During the period from 1999 to 2001, the Ministry for the Protection of the Rights of the Members of National and Ethnic Groups initiated the work on the Law on Personal Names and on the changes of the Instructions on the Keeping of Record Books. However, the said changes were not adopted because they related to sanctions in case of the violation of law and to the Instructions that would serve to prevent the abuse and irregular enrollment of the members of national minorities’ names. The Ministry continue to work on these issues, but there have not been any official data on that so far.

Article 12

1 The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

2 In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

3 The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

LeGal framework

LAW ON PRIMARY SCHOOLS

Article 11

In territories with greater number of members of national and ethnic groups, schools or classes shall established for education in the language of such national and ethnic groups.

Depending of prevailing conditions possibilities, education in the language of members of national and ethnic groups may be provided in their language also in other school or classes of such schools.

Article 12

In territories where members of the peoples of Yugoslavia live together with members of national and ethnic groups, bilingual schools or classes may be established.

Article 17

Primary schools are established as public institutions.

Primary schools as public institutions owned by the state may be established by the state or social-political community or a legal entity.

LAW ON SECONDARY SCHOOLS

Article 14

Depending of prevailing conditions possibilities, for members of national and ethnic groups education may be provided in the language of such national and ethnic groups.

In territories where members of the peoples of Yugoslavia live together with members of Albanian nationality, schools or classes providing bilingual education may be established.

Schools for members of Albanian nationality are established and education is provided in the Albanian language within the unique educational program as determined by the law.

When education in a school is provided in the Albanian language, the pupils are obliged also to learn Serbian language.

LAW ON UNIVERSITY

Article 6

Education at University is provided in the Serbian language.

New Legal framework (entered into force in 2002)

EDUCATION OF NATIONAL AND ETHNICGROUPS

GENERAL LAW ON EDUCATION

Article 2

Aims

The education is aimed to:
1) provide the possibility for complete individual development regardless of the
sex, age, social and cultural background, national and religious affiliations and of
physical and psychological structure;
...............................
4) develop the awareness, the need and the capabilities for the maintenance and
the improvement of human rights, legal state, of natural and social environment, of multiethnic and diversity;
5) develop the awareness on state affiliation to the Republic of Montenegro
on its culture, tradition and history;
...............................

Article 9

Regardless of the national affiliation, race, gender, language, religion, and social background and of other personal characteristics, all citizens of Republic shall be equal in the exercising of the right of education.

Article 11

The Use of Language

The teaching in the institutions shall be accomplished in the language that is in the official use in the Republic.
In the municipalities within which the majority, or a significant part of population, is composed of the members of national and ethnical groups, the teaching shall be accomplished in the language of those national, or ethnical groups.
In case the teaching is accomplished in the language of national or ethnical groups, the language that is in the official use shall be a compulsory subject. School shall be in obligation to provide a student attending the lessons in nonmother tongue language adequate help in the learning of the language in which the teaching is carried out.

Article 111

The cessation of employment

In addition to the conditions provided for by the Labor Law, the employment of
a teacher who:
...............................
...............................
...............................
10) causes national or religious intolerance;

Article 136

The providing of funds

The Republic Budget shall provide funds for public institutions, included in the network of institutions and the Founder of which the Republic or the municipality is, for:
...............................
...............................
...............................
13) the subvention of the textbooks of small circulation, as well as those for the education of national or ethnical groups;

THE LAW ON PRIMARY EDUCATION

Article 2

The Aims of the Education

8) the education for respect toward the national, historical and cultural values,
as well as for the recognizing the cultural and other characteristics of other nations;
9) the education for mutual tolerance, respect for differences, cooperation
with others, respect for human rights and fundamental freedoms, and along with that
the development of the abilities for life within a democratic society;

LAW ON VOCATIONAL EDUCATION

Article 39

The number of lessons

Students may have 32 lessons during one week at most, in line with the educational curriculum.
Exceptionally to paragraph 1 of this Article, in schools in which the teaching is carried out in the language of national or ethnical groups, students may have up to 34 lessons at most.

…………………………………………………………

Alternative Report on the Application of The Framework Convention for the Protection of National Minorities in Montenegro

Table of Content

Article 2

Article 10

Alternative Report on the Application of

I BASIC INFORMATION

II HISTORICAL REVIEW

II LEGAL FRAMEWORK

Article 2

Article 10

Article 11

Article 17

Article 18

Article 23

Article 26

Article 27

Article 40

Article 42

Article 46

Article 47

Article 56

Article 62

III THE APPLICATION OF THE FRAMEWORK CONVENTION

Article 2

Article 7

Article 8

Article 9

NEW LEGAL FRAMEWORK (December 2002)

MEDIA LAW

I BASIC PROVISIONS

Article 4

Media shall freely publicise information and opinions on matters, events and persons, in compliance with the Constitution, law and ethical codes of the journalism

Article 23

VIII PENALTY PROVISIONS

Article 42

Article 43

FACTUAL

Article 10

Article 11

Article 12

Moslems-Bosnians

Croatians

Romas

Albanians

Article 13

Article 14

Article 15

Article 16

Article 18

Article 19