The politics of faith
Ambassador Miodrag Vlahovic* writes:
The new Law on Religious and Freedoms of Opinion was adopted by the Montenegrin Parliament in December 2019, after almost five years of continuous talks and consultation between Government of Montenegro (GoM) and all religious communities in our country. Unfortunately, the Serbian Orthodox Church (Metropolitan of Cetinje) repeatedly refused to take part in this process, claiming that Montenegro and its legal institutions have no right to legislate on religion.
The Venice Commission of the Council of Europe, which is responsible for reviewing the constitutional legislation of member states, thoroughly analyzed the draft Law, and confirmed that the provisions fully correspond and comply with the highest European criteria and standards, in addition to suggesting some amendments. Two of the Commission’s members dissented – the representative of Bosnia, from Banja Luka, abstained, and the representative of Serbia voted against.
The Government and Parliament of Montenegro adopted all the non-binding expert suggestions, with one exception – obligatory religious education in schools, inappropriate for our country’s multicultural and multi religious traditions. The goal was to replace the previous out-dated and inappropriate Tito-era regulations, in order to provide for equal legal status for all religious communities and for their members and followers (Orthodox Christian, Muslim, Catholic, Jewish and others), as well as for non-religious people.
In response, the Serbian Orthodox Church, both in Montenegro as well as its leadership and clergy in Serbia, has started a destructive political campaign, fully backed by the most radical national-chauvinist political parties, media and “intellectual” circles in both countries. That campaign has all the characteristics and narrative that dominated political and public life in ex-Yugoslavia in the early 1990’s and which promoted, provoked and, afterwards, tried to justify the tragic Yugoslav wars and to minimize or deny the crimes and atrocities committed.
The core of the dispute with Serbian church is related to three articles of the Law, which stipulate that all the property which was for centuries Montenegrin state property – and especially prior to 1918, when Montenegro was brutally, illegally and unconstitutionally annexed by Serbia – shall be re-registered as state property of Montenegro. Full legal procedure and protection are provided for, including the possibility to appeal to the European Court of Human Rights in Strasbourg.
No other religious community in Montenegro had any substantial objection or opposition to the Law; they fully support equal and balanced treatment for all.
The Law also requires mandatory registration of religious communities with the Montenegrin authorities, a formality that the Serbian church repeatedly and vehemently rejects, claiming that the Serbian church in Montenegro cannot be subjected to Montenegrin law. The Serbian church is duly registered in all other countries, including Serbia itself, their numerous European dioceses, and those in the US, as well as in Argentina and in Australia, without any objection. In addition, the Serbian church does not want to pay taxes for its diversified and growing business activities in Montenegro.
For almost two months prior to coronavirus shutdown, the Serbian church organized so-called religious processions, with participation of clergy from other countries.
Montenegro remains fully committed, as a member of NATO and as an aspirant for EU membership, to continuing its democratic and overall development, based on its historic traditions and values. Our positive and successful policies in recent history, including the preparation and organization of the peaceful and democratic referendum on independence in May 2006, were based on our functioning multi-ethnic and multi-religious governments. This was true throughout the Yugoslav wars.
These are the values and principles we shall defend, maintain and further promote. We are absolutely committed and ready to resolve any issue related to the implementation of the new Law on Religious Freedoms though negotiations and with mutual respect and correctness, fully protecting and securing the secular nature of Montenegrin state structures and on the basis of our multicultural, multiethnic and multi-religious society.
Just before the global breakout of the virus, the GoM and the Metropolitan of Cetinje agreed to start negotiations concerning the new law. The position of the Church is that three articles related to property issues should be abolished. The position of GoM is that only the implementation of the Law should be discussed. That deadlock was temporarily put aside. Post-virus Montenegro will have to return to these issues.
*Montenegrin ambassador to the Holy See and a former foreign minister of Montenegro, but the views and opinions expressed do not necessarily reflect the official Montenegrin positions.
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