Regarding the proclaimed state of emergency in Montenegro NGO Human Rights Action (HRA) points out that according to the Constitution, Art 25, state of emergency enables derogation from significant number of guaranteed human rights. We remind that according to the international treaties on human rights derogations are allowed only during war times or other situation of public emergency threatening the life of the nation.

The Government should consider that during the state of emergency citizens’ rights may be restricted only to the extent absolutely necessary for achieving a legitimate objective, i.e. “the extent strictly required by the exigencies of the situation” (the International Covenant on Civil and Political Rights) applying ” the measures strictly required by the exigencies of the situation” (the European Convention on Human Rights). Limitation of rights may last only as long as necessary.

Since the proclamation of the state of emergency the orders of the Government i.e. the Mayor of Podgorica have not been supported with a statement on the specific purpose of the imposed measure. Hence, it was not possible to assess whether the imposed measure had been really necessary. Also, all instructions have not been integrally published and citizens were in turn informed by press comments and informal sources.

1) As an example, the right to freedom of movement has been limited by the application of power, given to the municipal presidents by the prime minister, to restrict or completely ban use of private motor vehicles. This measure has been applied in an absolute manner in Podgorica where the use of all private motor vehicles was prohibited and seizure of vehicles announced for all persons who violate the ban. The cause for introducing such severe restriction was not specified. It is to be assumed that it was done to avoid vehicle jam in snowed streets and reduce need for urgent street cleaning. But, is it possible that all streets in Podgorica are blocked with snow and that all vehicles, including the SUVs and vehicles with snow chains i.e. winter equipment, cannot be safely driven and enable citizens to arrive more easily and promptly to work, especially since the regular working day has been announced today!? HRA considers this measure excessive and disproportionate to the legitimate objective, which can only be assumed. Therefore, HRA appeals to the authorities to specify the measure by announcing the parts of the city and period in which driving is prohibited, for which type of vehicles with or without winter equipment, and to define exceptions, such as: transport of children, transit travel, health issues, family reunion, transport of persons with disabilities, etc.

2) It is not clear why it was necessary to prohibit all visits to all hospitals, without exception? Why parents, who are not allowed to stay in the hospital with their young children, have not been exempted, or family members of patients in the most difficult conditions who need their extra care and who have been forbidden to visit them even if they come on foot!? HRA appeals to the authorities to consider making exceptions for visits of parents to children, and for visits to patients in the most difficult conditions who especially need the presence of family.

We support the efforts of the Government and others to organize a rescue in severe weather conditions, but we also remind that extraordinary measures for rapid limitation of citizens’ rights must be justified with explicitly defined legitimate objective and specified as strictly necessary for achievement of the pursued objective.

Also, we expect that the Government will submit all regulations and orders with legal power to the Parliament for confirmation as soon as the Parliament is able to meet, in accordance with the Art. 101 of the Constitution.