Human Rights Action (HRA) and the Association “Štrpci – Against Oblivion” have expressed their protest to Prime Minister Milojko Spajić and Minister Damir Gutić regarding the inadequacies in the Draft Law on Amendments to the Law on Veterans and Disability Protection, particularly concerning the rights of family members of civilian war victims.

The Government adopted this draft on December 28 via teleconference, bypassing mandatory public consultations required by Article 52 of the Law on State Administration. This failure disregards the rights of affected families to participate in shaping legislation that impacts them directly.

Moreover, the Government has not provided any explanation for the lack of public consultation, violating Article 35 of its Rules of Procedure. This disregard for legal procedures undermines democratic standards and has previously drawn criticism from the Institute Alternative.

The long-awaited Draft Law on Amendments to the Law on Veterans and Disability Protection has been subject to significant delay since its initial proposal was withdrawn on December 29, 2023. This withdrawal followed public protests led by NGOs, victim associations, and segments of the opposition, highlighting the draft’s unjust exclusion of families of civilian war victims who perished outside Montenegro’s borders or during periods when martial law was not in effect.

The Government was tasked with proposing a new, comprehensive legal solution; however, this process has faced significant delays, with critical deadlines in March and June missed. By the end of the year, when the Draft Law was finally prepared, the public was denied necessary consultations before the Government finalized and submitted it to Parliament.

The Draft Law’s provisions fail to account for the real-life situations of many families affected by the tragic events of the past. While it recognizes the status of civilian war victims who died or disappeared during armed conflicts, it imposes a citizenship requirement that unjustly excludes those whose family members lacked Montenegrin citizenship at the time of their deaths. This exclusion is a significant setback from the previous draft, which did not impose such a condition.

Moreover, the absence of one-time compensation in the current proposal neglects the ongoing struggles faced by these families, who have awaited legal recognition of their rights for decades. Many children of victims have grown up without the support and protections they deserve, and the current provisions do not address their specific needs. Offering appropriate compensation is a moral obligation, acknowledging the state’s failure to provide necessary support in times of distress.

It is also crucial to recognize that many citizens of the former SFRY, including Montenegrin citizens, have settled outside their republics of origin. Denying rightful compensation to families of civilian war victims solely because their parents or spouses did not hold Montenegrin citizenship at their time of death is not only unfair but overlooks the reality of their lives in Montenegro today. These families should be entitled to compensation, reflecting the contributions they continue to make to Montenegrin society.

We call on the Government to revisit the Draft Law and ensure that it addresses the concerns of all affected families, fostering inclusivity and upholding their rights. Public consultations must be reinstated to promote transparency and allow for meaningful engagement with civil society and stakeholders.