Rule of law • 02. 07. 2025.

Proposed Amendments to the Law on Public Assemblies Represent a Serious Violation of Human Rights and a Bypass of Democratic Procedures

The non-governmental organizations Action for Human Rights, Center for Women’s Rights, and Institute Alternative express their strong protest regarding the Draft Law on Amendments to the Law on Public Assemblies and Public Events, submitted to the Parliament of Montenegro on June 23, 2025, by a group of MPs from the ruling parliamentary majority.

The proposed amendments introduce an absolute ban on peaceful assemblies that may temporarily restrict traffic, while prescribing excessively high fines for individuals and legal entities. Such measures represent a disproportionate restriction of the fundamental human right to peaceful assembly, guaranteed by Article 52 of the Constitution of Montenegro, Article 21 of the International Covenant on Civil and Political Rights, and Article 11 of the European Convention on Human Rights.

It is deeply concerning that this draft law was submitted without any public consultation, without an assessment of its compliance with EU law, and without consideration of international standards or the case law of the European Court of Human Rights. Moreover, the proposers have openly admitted that they did not assess the compatibility of their proposal with the international treaties signed and ratified by Montenegro.

We remind that, according to the EU documents containing the closing benchmarks for Chapter 23, Montenegro is obliged to ensure full respect for the rights and freedoms guaranteed by the European Convention on Human Rights and the case law of the European Court of Human Rights. In this context, any attempt to adopt legislation that would completely prohibit protests on public roads represents a step backward for democracy and for Montenegro’s European integration process.

We have therefore sent a letter to the Legislative Committee and the Committee on Political System, Judiciary and Administration, urging MPs and the responsible parliamentary bodies to refer this proposal for compliance review to the competent ministries — namely the Ministries of Human Rights, Justice, Interior, and European Integration — and to open a broad public debate with the participation of domestic and international experts, including the Council of Europe, the European Union, and the OSCE.

Fully aware of the challenges that multi-day road blockades can cause, especially during the tourist season, we emphasize that the solution cannot lie in prohibitions, but in democratic mechanisms that protect the rights of all citizens — both the right to freedom of movement and the right to express opinions through peaceful assembly.

Tea Gorjanc Prelević, Executive Director, Action for Human Rights
Maja Raičević, Executive Director, Center for Women’s Rights
Stevo Muk, President of the Managing Board, Institute Alternative