Non-Governmental Organisations in Montenegro

Breaking Free from the Grip of the State

AIM Podgorica, 23 September, 1999

On 23 July, 1999, a new law on non-governmental organisations came into force in Montenegro. This is so far the biggest move Montenegrin authorities have made towards an open state and society. The question that arises is, of course, whether passing of this law is the result of developed awareness of the state leadership on necessary changes or just the result of pressures exerted by the international community on Montenegrin regime to make its wish for changes official by incorporating it into legislature. Perhaps the most important result is that Montenegrin parliament passed a liberal law which is a sound legal foundation for development of a civil society.

HOW THE LAW WAS PASSED: For the first time, the state has passed a law at the proposal of non-governmental organisations. In fact, the new law is the result of cooperation between the non-governmental sector, the ministry in charge and a foreign consultant (ICNL-International Center for Non-Profit Law) seated in Budapest.

After initial internal consultations, the conference organised by CEDEM (Centre for Democracy and Human Rights) from Podgorica on the legal status of non-governmental organisations in Montenegro resulted in the draft law for development of civil society. As at the same time the responsible ministry came up with its own draft, a joint meeting was organised. At this meeting minister of justice Dragan Soc publicly admitted that CEDEM's draft (that is the draft elaborated by several non-governmental organisations) was better and declared the readiness of the government to accept this draft as the foundation for further work. A six-member group was established by non-governmental organisations for final editting of the text and their common draft was created. After that, in cooperation with the Ministry of Justice, the final version was determined.

The consulting services of the International Centre for Non-Profit Law (ICNL), the leading consulting firm in this field from Budapest, were used in the process. It supplied the review of comparative legislature in Eastern Europe and its own commentaries and suggestions on the offered text. The final text of the draft was put in the parliamentary procedure and - passed smoothly. For the first time since the introduction of the multiparty system a law was pased which had been elaborated jointly by representatives of the state and of non-governmetal organisations.

QUALITY: Since it is not an imposed law, it is a regulation which is compatible with modern legal solutions reached in the West. The law is short (it has only 35 articles) and liberal; it prescribes an easy procedure for establishment of associations and foundations, as well as a legally regulated possibility of operation of foreign foundations and associations on the territory of Montenegro.

A non-governmental organisation can be established by local and foreign physical and legal persons under equal conditions, and foreign foundations can open their branch offices which was neither regulated nor possible according to regulations in force so far, although practically not prevented either. For foundation of non-governmental associations five founders are needed, and for a non-governmental foundation only one; founders can be both physical and legal persons, which is a legal novelty, because this was not possible for legal persons before. Registration has been simplified and it is not based on permits but only on registering. Pursuant the law it is necessary to submit only the decision on foundation and the Statute. It is the duty of the Ministry of Justice to issue a decision within 10 days, in which it will be stated that the organisation has been registered. One and a half month of implementation of this law, as stated in the consulting firm called Media, are encouraging - because of the non-Balkanic promptness of the administration. The administration of the Ministry of Justice has issued decisions within one or two days after applications had been submitted.

The law includes the provision that in case a non-governmental organisation ceases to operate it shall cede its property to other non-governmental or humanitarian organisations in Montenegro. Those who invest money in the civil sector will not be able to take this capital out of Montenegro through this sector, if the income is higher than expenses.

The interesting aspect of this law is that it enables the possibility of offering material aid to non-governmental organisations by the state. It seems, therefore, that the regime has become aware of the significance of development of a civil society, and by adopting other regulations it has begun creating a favourable ambience for the operation of non-governmental organisations. This refers primarily to tax regulations - tax exemptions of the non-governmental sector and economic organisations which wish to assist their work.

By the law on property tax and sales tax, non-governmental organisations are exempt from taxes. But, for the time being there are no tax exemptions. But for the time being there are no tax exemptions for those who finance the civilian sector, which is regulated in the West for a long time already. The tax on profit still has not been amended and this is very important. For example, a considerable number of institutions is financed in this way in Hungary, such as the schools, which was the obligation of the government until recently.

FORMER PRACTICE: The law on "associations of citizens" which was in force until recently was passed at the time of Ante Markovic; it was liberal for the time, but imprecise. By inertia the state financially assisted associations and foundations "of special significance", while the newly established associations and organisations were outside its sphere of interest. Due to imprecise legal regulations and absence of awareness about the significance of the civil sector, money and assistance were allocated by the state - either to politically "seemly" associations and organisations, or to the apolitical ones but with personal connections with

MONTENEGRIN SPECIFICITY: Having come to power on the ideal of Greater Serbian, with abundant Milosevic's assistance, Bulatovic, former president of Montenegro, and Djukanovic, the current head of Montenegro, were participants or at least accomplices in the realisation of the project of Greater Serbia, which implied that they took over almost all, at the time still state-owned cultural institutions. Local loyal people served well as "contractors" and soon took over control of these institutions and ministries of culture and education.

After the 1989 "January subversion", a split occurred in Montenegro: the official union of writers was abandoned by a considerable number of those who were against the war and established Montenegrin Society of Independent Writers. Montenegrin PEN and Matica Crnogorska were established soon after. The journalists also split: professional journalists separated from the official association. The autonomous Montenegrin Church was established soon after that and finally Duklja Academy of Sciences and Arts was founded.

WHO WERE THE STATE'S FAVOURITES: Parastate organisations such as the Yugoslav League for Peace, were receiving support of the state. But, the Civil Comittee for Peace which was actually appealing for peace did not. There is the known case of Matica crnogorska when it applied for printing of the book "Sociology of Politics" by Bozidar Tadic and was refused by the Ministry of Culture. Then with that same book Unireks applied which was headed by Janko Brajkovic, who was at the time a great favourite of the authorities, and this time it got full support of the Montenegrin state. "The regime showed its "generosity" after the meeting of the delegation of Matica crnogorska with Montenegrin president Djukanovic when it was decided that the state would finance the salary of one employee - the secretary.

"Our society of writers, although in it there are more than 60 prominent writers of modern Montenegrin literature, has not been given the status by the minister of culture even as some village societies and groups of dilettantes", explains Milorad Popovic, president of Montenegrin society of independent writers. Until the split in the ruling coalition, Montenegrin Helsinki Committee was complately ignored by state media. And then suddenly, its findings were given full publicity!

WHAT NON-GOVERNMENTAL ORGANISATIONS DEMANDED: The authorities are bound to make the funds and the budget public and accessible to all, with clearly defined and preset publicly known criteria according to which they shall act and not according to the criterion of loyalty to the regime - this is the main complaint which was arriving from the ranks of non-governmental organisations which publicly declared that they were living almost exclusively of donations and enthusiasm of their members. "The more independent our non-profit-making organisations are from the state or the will of the regime, the more liberated from the tutorship of the party they become and the less they are discreditted by daily politics, the more will they develop into an incorruptible factor in the society which will be an opposition to every regime, but also a light that warns the society where the limits of citizens' freedom are ", says Marko Spadijer, secretary general of Matica crnogorska.

"It is a fact that this regime finances summer vacations and production of assured Serb nationalists, such as Pavic, Kapor and others, and not a single dinargoes for institutions of Montenegrin ethnic provenance which are not nor can be nationalistic either because of their composition which is multiethnic, or because of their platform orientation", stresses prominent member of Montenegrin PEN, Rajko Cerovic.

CHANGE OF BEHAVIOR: Montenegrin government, which is committed to reforms and which therefore realises that the civil sector is important and that a great deal of significance is attached to it in the West, is trying to remove the restrictions which have for many years prevented creation and operation of non-profit-making and non-governmental organisations. In just a very short time, a few non-governmental organisations were founded which are dealing with problems of human rights and democracy, whose initiatives, projects, round tables and councel have already resulted in positive changes. Such are, for instance, activities of CEDEM, Foreign Policy Research Association, Helsinki Committee...

In Montenegro, there are at this moment about two and a half thousand registered - pursuant the old law - associations of citizens. Pursuant the newly passed law they must be re-registered within six months, in fact they must amend a few clauses and submit their new statutes. Out of that number, only about fifty of them are linked directly or indirectly to a political society. Since passing of the new law, ten foreign non-governmental organisations have been registered, and the first Montenegrin one is Duklja Academy of Sciences and Arts. On the other hand, the state is inert, because it still has not distributed the money it had allocated from the budget before passing of the law for financing a broad spectre of associations of citizens, from the League of the Blind to the Red Cross. Indeed, it has not even determined the mechanism for distribution of these funds which is the obligation of the government because it is regulated by a sublegal enactment, so that the equivalent in dinars of the sum of a million marks allocated in the budget, due to the increase of the value of the German mark, has been invalidated a few times already.

MUTUAL RELATIONS OF NON-GOVERNMENTAL ORGANISATIONS: Within the non-governmental sector a considerable number of associations have been established without any true strategy of development. There is no cooperation among them except in a few cases and just on certain projects. Analysts have already observed that for a certain number of people work in non-governmental organisations has become a source of additional income, through fees and projects, which has led to creation of clans and interest groups. There is also unloyal competition, so it happens that the same persons apply with foreign foundations for the same projects in the name of several associations. It also happens that in the multitude of fragmentised institutions, the basic creative quality is lost which is capable of devising a truly good project.

Nevertheless, despite these problems, there are organisations among the NGOs in Montenegro which are slowly building the foundations for creation of a civil society in Montenegro. Milka Tadic, director of the independent weekly Monitor says that in the past few years when Montenegrin society has experienced great clashes it is normal that in this sector there are para-organisations some of which were established by the regime (various youth and students' associations) which is in this way trying to control the NGOs. There are also organisations which are trying to benefit through the alleged struggle for principles of open society. Nevertheless, it is much more important what the non-governmental sector has achieved in the years in which fundamental human rights were threatened in Montenegro.

"I would especially like to stress the work of the Helsinki Committee, of CEDEM, the Democratic Forum, PEN, Matica crnogorska, Independent Association of Writers and Union of Professional Journalists. These organisations truly contributed to democratisation of the society, protection and promotion of human rights and freedoms", says Milka Tadic.

INTERREGIONAL COOPERATION: In the Democratic Forum for Human Rights and Inter-Ethnic Relations, the first non-governmental organisation in Montenegro founded in this field, they stress that they have quite good cooperation with other non-governmental organisations in Montenegro, but primarily with the Open Society Fund, Montenegrin Helsinki Committee and weekly Monitor. Democratic Forum is also successfully cooparating with several non-governmental organisations from Belgrade, Zagreb, and some international organisations for protection of human rights.

However, they think at the Democratic Forum that possibilities for better cooperation have not been used, not only because of financial problems and difficulties in communications but primarily because of the lack of awareness of the significance of establishing closer connections and exchange of experiences between non-governmental organisations.

In the Helsinki Committee for Human Rights, CEDEM and the Open Society Fund they stress the positive experience of the established connections and cooperation with non-governmental organisations in states on the territory of former Yugoslavia and the world. This resulted not only in organisation of a series of international gatherings in Montenegro on the topic of human rights, but also in sending Montenegrin experts and journalists to international gatherings, seminars and study stays, which had been unaccessible for them. The result was also realisation of certain projects, for example, development of independent media, which turned out to be a general good.

For instance, Montenegrin Helsinki Committee for Human Rights organised a seminar in Herceg Novi on the rights of members of minorities and freedom of religion in Balkan Countries in cooperation with International Helsinki Federation for Human Rights (Vienna) and the Greek Helsinki Monitor (Greece).

Branko Vojicic

(AIM)