Civil society allies, 24 non-governmental organizations and 24 activists, have sent a letter to the Government of Montenegro and Members of Parliament, urging the Government to promptly adopt the proposed Law on Legal Gender Recognition Based on Self-Determination and for the Parliament of Montenegro to pass it as law without delay.
The adoption of this law would put an end the inhumane practice of forced sterilization, heed recommendations from numerous international and European institutions, and align with Montenegro’s EU accession agenda.
Below is the full letter:
‘’Dear Members of the Government and Parliament of Montenegro,
We address you with a request for the Government to urgently propose and for Parliament to adopt the Law on Legal Gender Recognition Based on Self-Determination before the end of the second session of this year. We consider this law a crucial test of respect for human rights in Montenegro. Most political parties claim to support alignment with European standards and EU accession, promoting democracy and the rule of law. While this is encouraging, we notice a lack of sufficient institutional interest in advancing human rights.
Currently, transgender persons in Montenegro are the only group systematically forced to undergo invasive and irreversible procedures of forced sterilization as a prerequisite for legal recognition of their gender identity and changes to gender markers in official documents. This process is inhumane and constitutes a gross violation of their bodily integrity, dignity, and right to private and family life. It is a breach of fundamental human rights guaranteed by the Constitution of Montenegro and upheld by the European Court of Human Rights. Montenegro cannot take pride while remaining one of only nine countries in Europe that still require sterilization as a condition for legal gender recognition.
As public discussions increasingly focus on EU membership, we must remember that advancing human rights is key to this path. The latest EU report on Montenegro specifically highlighted the lack of legal gender recognition based on self-determination and noted that marginalized groups, including Roma and Egyptians, persons with disabilities, and LGBTI individuals, remain vulnerable to discrimination, hate speech, and hate crimes. The European Commission has emphasized that respecting the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), which underlines the importance of legal gender recognition based on self-determination, is a prerequisite for EU accession. We believe this message is clear.
Recommendations from the UN Committee on the elimination of discrimination against women (CEDAW) also stress the need to expedite this law’s adoption. Furthermore, the adoption of this law is part of Montenegro’s EU accession program and is critical for closing Chapters 19 and 23.
The adoption of this law would send a clear signal to all transgender persons in our country, as well as to the EU and the international community, that Montenegro is prepared to recognize all its citizens and ensure they enjoy fundamental human rights and a dignified life.
As NGOs advocating for human rights for all citizens, we believe this law is a necessary step toward Montenegro’s development as a country of equal rights, where everyone can live without fear for their lives and those of their loved ones. European integration and democracy require courage and determination, and this law is a chance for Montenegro to demonstrate these qualities.
We call on the Government of Montenegro to urgently finalize the draft Law before the end of 2024 and allow the Parliament to process it. We appeal to Members of Parliament to show a responsible approach to human rights by adopting the Law on Legal Gender Recognition Based on Self-Determination, demonstrating commitment to the European path and the fight for the rights of all citizens of Montenegro.
Non-Governmental Organizations:
- Association Spektra
- Montenegrin LGBTIQ association Queer Montenegro
- ERA – LGBTI Equal Rights Association for the Western Balkans and Turkey
- CDT – Center for Democratic Transition
- CEMI – Center for Monitoring and Research
- Women’s Rights Center
- Human Rights Action
- Association of LBTQ Women “Stana”
- NGO Juventas
- Media Institute
- WestBalkanNet: Regional Forum for Democracy, Reconciliation, and Strategic Analyses
- PEN Center of Montenegro
- Montenegrin Philological Society
- CCE/CGO – Centre for Civic Education
- Dr. Martin Schneider-Jacoby Society – MSJA
- ANIMA – Center for Women’s and Peace Education
- CIN-CG – Center for Investigative Journalism of Montenegro
- NGO ŠkArt
- UMHCG – Association of Youth with Disabilities of Montenegro
- NGO Prima
- Active Zone
- NGO Optimists Nikšić
- CAREP – Center for Affirmation of the RE Population
- NGO Diši
Activists:
- Goran Đurović, Civil Activist
- Dina Bajramspahić, Civil Activist
- Aleksandar Dragićević, Civil and Environmental Activist
- Jovana Marović, Civil Activist
- Ljupka Kovačević, Peace Activist and Feminist
- Milena Radulović, Activist
- Dejan Batrićević, Activist and Visual Artist
- Jelena Poček, Activist
- Adnan Čirgić, Activist and Linguist
- Aleksandar Radoman, Activist and Philologist
- Sanja Orlandić, Activist and Linguist
- Boban Batrićević, Activist and Historian
- Nikola Popović, Activist
- Vasko Raičević, Activist and Dramaturg
- Milan Marković, Activist and Philologist
- Milutin Mijović, Activist
- Stefan Todorović, Activist and Philologist
- Ivana Mihajlović, Activist and Unionist
- Miroslav Minić, Activist and Professor of Montenegrin Language and Literature
- Svetlana Koprivica, Activist and Professor
- Mladen Ivanović, Activist
- Ivan Bošković, Activist and IT Engineer
- Stefan Todorović, Activist and Artist
- Kristina Mihailović, Activist