Montenegro After Federal Constitutional Amendments

FRY Exists No More - No Sovereignty Either

In reaction to the expressly adopted amendments of the federal Constitution, Montenegrin parliament passed the Resolution on Protection of Rights and Interests of Montenegro and Its Citizens proclaiming all the future decisions of federal agencies and institutions illegitimate on Montenegrin territory

AIM Podgorica, July 9, 2000

The federal state – for the legal agencies of Montenegro - does not exist any more. Early in the morning on Saturday, at the extraordinary session of Montenegrin parliament, by majority of votes (36 in favour, 18 against), the deputies passed the Resolution on Protection of Rights and Interests of Montenegro and Its Citizens.

"The Assembly of Montenegro does not recognize and accept any legal or political act passed without the participation of legal and legitimate representatives of Montenegro in legislative, executive and judicial authorities of the federal state"... "The Assembly does not recognize and it does not accept amendments of the Constitution of FRY"... "The Assembly calls upon state institutions of the Republic, but especially the Ministry of Internal Affairs, the agencies and bodies, to contribute to preservation of peace with their activities, and members of the Army of Yugoslavia not to allow to be abused against the citizens, institutions and state agencies of the Republic of Montenegro..."

The resolution of Montenegrin parliament was created as a reaction to the expressly adopted amendments of the Constitution of FRY passed by the Federal Assembly on Thursday, in just 24 hours. On the following day, at the extraordinary session of Montenegrin government it was clear that Montenegrin state leadership would not be able to remain silent about Milosevic's latest move. The only thing nobody knew was whether Djukanovic's coalition would take a step further towards the referendum or proclaim moratorium on all future decisions of the federal state.

In the meantime, on Friday July 7, intensive activity at the top of parties of the ruling coalition was a foreboding of a storm: Social Democrats of Zarko Rakcevic demanded that the authorities immediately organize the referendum, as the only solution they were forced to resort to, the Populists of Dragan Soc believed that it would be a dangerous, hasty solution. At the top of the Democratic Party of Socialists (DPS) it was lively too: the executive board of this party sat in session for a few hours that day, behind closed doors.

It seems that the "middle solution" prevailed, something between the radical one proposed by Social Democrats and the moderate one offered by the Populists and wished for by members of DPS.

"This is the most brutal attempt to nullify the statehood of Montenegro. Such a choice of the president transforms FRY into a unitary state and denies the smaller member state the right to statehood. It is an attempt to actually transform FRY into Greater Serbia", said Montenegrin prime minister Filip Vujanovic, addressing deputies of the parliament in his introductory speech. He estimated that amendments of the Constitution of FRY were a means for "settlement of a dispute between SPS and JUL on the one, and Serb Radical Party on the other side" and that the latest amendments satisfied personal ambitions of Milosevic for to remain in office.

There were quite different opinions in the tumultuous night discussion (the session of the parliament lasted until 4 o'clock in the morning). "Functioning of the federal state cannot be blocked any more and that is why the gentlemen from the ruling coalition are angry. I responsibly claim that there is no attempt to make a unitary state", replied Zoran Zizic, vice president of Socialist People's Party (SNP), "daring" Djukanovic and his comrades, together with Serbian opposition, to win federal elections against Milosevic. It turned out that there is no rapprochement between the opposed parties: majority voted in favour of the Resolution by which Montenegro practically introduced moratorium on the federal state. The articles of the Resolution of Montenegrin parliament unambiguously show: FRY, the union of the states of Serbia and Montenegro created in 1992, has fallen apart right in front of people's eyes.

In a special statement for state daily Pobjeda, Svetozar Marovic, chairman of Montenegrin Assembly and vice president of Democratic Party of Socialists, also spoke about it. "After these constitutional amendments Yugoslavia is not the same any more. It is not the country designed by 1992 Constitution any more. Unfortunately, it is not that for a long time already. Maybe it has never even been quite that. However, after the latest amendments, it is not the Yugoslavia people in Montenegro had voted in favour of", said Marovic. One cannot say that Marovic is just exaggerating in the heat of the battle. The first analyses show: by the rule of large numbers, Montenegro will not be able to even consider nominating a candidate for president of FRY. Besides, limitation of the jurisdiction of federal prime minister prevents influence on Milosevic. More precisely: by these amendments Montenegro has politically and legally been reduced to the level of a region with no possibility of designing its own destiny within FRY.

The opinions of Montenegrin legal experts confirm the hypothesis that practically within a single day, Milosevic has changed the essence of the state union of Serbia and Montenegro. "The latest amendments of the federal Constitution, the manner and the time in which they had been passed, without any consultations of the legal and legitimate authorities in Montenegro, is just a logical consequence of violence over Montenegro as the federal unit", assessed Bozidar Vukcevic, public prosecutor of Montenegro.

"Changing the norms on the election of deputies for the Chamber of the Republics was a classical 'Constitutional coup' by means of which FRY as a federal state is formally abolished", claims Blagota Mitric, member of the Constitutional Court of Montenegro. Mitric stresses that, to say the least, articles 1, 3 and 5 of the Constitution of FRY have been violated and they are the ones which form the essence of constitutional philosophy of a federal community.

Therefore, the regime and the political majority in Montenegro agree about the stand that with his latest move Milosevic has completely cut the last federal bonds, that Serbia and Montenegro are now even further away from each other and that FRY does not exist as a joint state even on paper.

But hardly anyone in Montenegro dared forecast what the authorities in Montenegro would actually do. Is this the last drop that has spilled the cup, will Djukanovic and comrades clearly and without hesitation take the direction towards sovereignty?

Despite high-sounding words, announcements of denouement, it is more logical to expect that the two parties - Djukanovic and Milosevic - will continue to look at each other over Republican fences. It seems that neither the one nor the other has any trump cards for anything more.

Milosevic has completed the projection of his own political future: two five-year terms in office seem like eternity, even for a man who has the Hague indictment hanging over his head. By reducing the jurisdiction of the federal prime minister he has enabled broadening (formally, too) of his own power on the federal level. At the same time by introducing direct election, Milosevic had directly made it clear to Montenegrins that there was no use uniting with the Serbian opposition - even if relation of forces in the federal parliament would change, jurisdiction of federal prime minister would not be reduced. He has shown that he always thinks "for a second more quickly", so now he can wait and watch what the Montenegrins will decide to do.

Indeed, what does official Podgorica intend to do?

"Montenegro will find mechanisms to protect itself through its parliament and by resolute support of its citizens from Milosevic's constitutional and legal violence and all other forms of pressure", said Djukanovic in the talks with the charge d'affaires of Italian Embassy.

The statement of Montenegrin president, the first after amendments of the Constitution of FRY did not help resolve the dilemma about the future moves of Montenegrin authorities.

The assembly Resolution is an expression of political will. It means something like: we do not agree to dictate, we refuse to be a region in Milosevic's state. Introduction of moratorium on decisions of federal agencies and institutions is just making the existing situation official. And this is no news either: Montenegrin authorities have ignored federal institutions before, passed their own laws and regulations, spoken about its own road to democratization. What Djukanovic and Montenegrin government have spoken and done before has just been confirmed by decision of the Assembly of Montenegro.

There is, however, still a long way to go to disentanglement of the Serbian-Montenegrin knot. There are at least two obstacles for some more radical moves (referendum, assembly decision on sovereignty...): the stand of international community and the relation of forces within Montenegro.

It is an open secret that key protagonists in the international community are not willing to allow the issue of Montenegrin sovereignty be raised. On the contrary, they imposed various pragmatic roles on Djukanovic and his coalition partners in the game aimed at removing Milosevic from the post. In the course of last year, from American, German, British or French diplomats it was possible to hear that Montenegro should democratise Serbia. In this sense, signals were regularly sent about the necessity of creating an anti-Milosevic block consisting of united forces of Montenegrin authorities and Serbian democratic opposition.

As an echo of that idea, this year it was possible to hear often (Bodo Hombach, Joschka Fischer) the stand that it was necessary for the block of Milosevic's opponents to run in the forthcoming federal elections together. Constitutional amendments passed in Belgrade might have rendered this idea impossible. But it can hardly be expected that the international commmunity will soon change its stand concerning Montenegrin independence because resolution of the Kosovo tangle would remain “in the air”.

The relation of forces inside Montenegro does not enable quick, hasty solutions either. Recent local elections and the victory of Bulatovic's party in Herceg Novi showed that the forces inside Montenegro that are loyal to Slobodan Milosevic's policy are still extremely lively. The fact that at least thirty per cent of the citizens of Montenegro are against the split with Serbia is tying the hands of Montenegrin authorities, just as much as the presence of the Second Army (controlled by Belgrade) on Montenegrin territory.

That is why it is more logical to expect continuation of the “war in the trenches”.

Things are just more obvious now. With constitutional amendments Milosevic has clearly shown that he has no intention to flirt with reformists from Podgorica in the future and that he will continue with action aimed at disciplining Montenegro. On the other hand, Montenegrin regime has lost manoeuvring space for planning how to overthrow Milosevic in cooperation with Serbian opposition. Instead in the direction of Belgrade Djukanovic will have to concentrate on defence of his own position in Montenegro: in autumn scheduling of federal elections should be expected and along with it a new crisis in Montenegro.

But, experience tells us that Milosevic has always played best on someone else's ground and when he causes crises outside his own backyard.

Drasko DJURANOVIC

(AIM)