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THE COUNTRY: HUMAN RIGHTS LAW ON CITIZENSHIP How Montenegrins stopped being citizens of Montenegro… Exercising right to citizenship is chaotic even after ten years, and for a lot of Montenegrins, very painful. People who have lived in Montenegro for their whole lives, who have not changed the residence for the last 20-30 years, who earned their retirements in Montenegro, are faced with the cruel truth. Although they did not change anything, the country changed and they stopped being the citizens of the country they live in, although yesterday they were. There are many testimonies of people on how painful and humiliating the situation was at the beginning, and then frustrating and concerning when they realized what the procedure and costs were. There are a lot of objections on lack of accessibility, lack of kindness and imprecision in giving of information and directions by employees of the Ministry of Interior (MUP). So, according to their “kind” instructions, some people took the identity card for foreigners as the only solution, and no one even told them they would lose citizenship, although they fulfilled all the conditions. Some of them arrived in the early nineties in Montenegro as refugees or displaced persons. A significant part of them lived in Montenegro until the age of 25, either their parents are from Montenegro, either they were born in this country or lived in Montenegro until they got married (mostly in some of the former Yugoslavia countries)… and then some employees told them to collect documents so they can become citizens of Montenegro. They sent them to their home country to take the certificate from the court that cannot be obtained there with- Since this law came into force at the end of last year, 177 people of “special importance” have received Montenegrin citizenship 25
10 YEARS OF INDEPENDENCE - INSIGHT VIEW out an identity card, so they were forced to this when they finally reached the window of MUP of Montenegro, they received the answer: “You received the ID in another country and thus interrupted legal permanent resident place in Montenegro. Now, you do not fulfill conditions for citizenship…”. While some citizens had such experience, the country decided to make preferential rules for some others. The law described them as “significant” for Montenegro. One of the ministers was supposed to write an opinion about someone’s importance for the country especially in the field for which its ministry was responsible, and that person, even if they did not fulfill all conditions, would receive citizenship from the minister. It is important to mention that specific persons really deserved it: doctors, athletes, artists… However, there were people who have been granted citizenship for unclear reasons. Thaksin Shinawatra is the most mentioned person among them. There were no data that anyone gave opinion about him, only minister gave citizenship. Like Thaksin Shinawatra, some citizens received citizenship because of their special relationships with certain individuals in Montenegro, regardless of whether Montenegro benefited at all from their work. Especially interesting is the regulation of MUP, which regulates that citizenship by marriage with Montenegrin citizen requires three years of marriage and five years of legal and continuous residence in Montenegro. Only at the window of the institution did people find out that, even when they fulfill five years and hope to receive citizenship, they actually need an additional five years, as the first five years are temporary legal residence, and they need five more permanent. The Convention of the Council of Europe on Citizenship especially emphasizes privileged conditions for spouses, and one year ago a new document from the Parliamentary Assembly of the Council of Europe recommended to all countries that the requirement for residency should be five years for all citizens. Montenegro requires ten years for citizens who have privileged status according to the Convention. There is special treatment required for children from intermarriage; here, Montenegro functions differently as it is up to a child to decide between taking on the citizenship of the father or the mother. Debate in the Parliament to make this law fair for all citizens still continues, while we all hope for its harmonization with the European Convention on Citizenship. Still, it is impossible not to notice that discrimination and humiliation are the only feelings that each Montenegrin bears while facing this problem. 26 32,261 requirements for receiving a Montenegrin citizenship have been filed since implementation of the Law on Montenegrin Citizenship in 2008, until 27 May, 2014
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