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FREEDOM of ASSEMBLY MONITORING REPORT December 2019 - September 2020

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FREEDOM of ASSEMBLY MONITORING REPORT December 2019 - September 2020 FREEDOM OF ASSEMBLY MONITORING REPORT December 2019 - September 2020 This report was developed within the project “’Voice Your Rights! – Expanding Space for Free Assemblies’’, implemented by the Institute Alternative in partnership with the Human Rights Action, supported by the European Union through the Instrument for Democracy and Human MINISTARSTVO JAVNE UPRAVE Rights (EIDHR), and co-financed by the Ministry of Public Administration, Digital Society and Media. Publication: Freedom of Assembly Monitoring Report Publisher: Institut Alternative (IA) Address: 57 George Washington Boulevard, Podgorica, Montenegro Phone/fax: + 382 (0) 20 268 686 E-mail: [email protected] For the publisher: Stevo Muk, President of the Managing Board Editor: Stevo Muk Author: Dina Bajramspahić Research Assistant: Nikoleta Pavićević Prepress and design: Artbuk doo Author of the photograph on the cover page: Anadolu Agency/Miloš Vujović Podgorica, december 2020. godine MINISTARSTVO JAVNE UPRAVE This report was developed within the project “’Voice Your Rights! – Expanding Space for Free Assemblies’’, implemented by the Institute Alternative in partnership with the Human Rights Action, supported by the European Union through the Instrument for Democracy and Human Rights (EIDHR), and co-financed by the Ministry of Public Administration, Digital Society and Media. The content of this report is the sole responsibility of its authors and this publication in no way reflects the positions of either the European Union or the Ministry of Public Administration, Digital Society and Media. TABLE OF CONTENTS Introduction . 4 Monthly statistics on public assemblies. 5 Legal framework. 8 Case study 1 – Are members of the military and the police entitled to participate in protests? . 9 Case study 2 – Is a blanket ban on assemblies permissible if other groupings of members of the public are allowed? . 11 Case study 3 – Selective treatment . 12 Case study 4 – Violence at assemblies and use of force. .14 Conclusion . 17 Recommendations . .19 Annex 1 - Register of all registered public gatherings in Montenegro. .21 About Institute Alternative . 53 3 Introduction The 2016 Law on Public Assemblies and Public Events introduced major novelties with regard to freedom of assembly in Montenegro. Freedom of assembly is a right guaranteed to citizens under the Montenegrin Constitution. Tt makes an integral part of the foundation of a democratic society and is indivisible from freedom of expression. It can be considered to constitute a collective expression of view concerning an issue that is the cause for the assembly. The launch of implementation of the project titled “Voice Your Rights! – Expanding Space for Free Assemblies”, implemented by the Institute Alternative (IA) and Human Rights Action (HRA), coincided closely with the beginning of the largest protests in the history of Montenegro. Furthermore, the onset of the unprecedented COVID-19 pandemic, four months into project implementation, also affected the freedom of assembly. These circumstances heightened the need for independent monitoring and situation assessment, in the aim of protection of civil rights. Despite the extraordinary circumstances, at least 898 assemblies occurred during the reporting period; that actual number was probably even higher, given that assemblies were frequent, large and often organised without advance notification. To illustrate the scale of increase, let us mention that, after only a few assemblies took place in 2014, the figure for 2015 (30 assemblies) was reported by the institutions as a major step forward. This Monitoring Report aims to identify both positive and negative tendencies in relation to public assemblies and to provide recommendations to improve the current situation. The first Monitoring Report considers the freedom of assembly over the nine-month period, from December 2019 to September 2020. The next one will cover the subsequent nine months, concluding with May 2021. The monitoring included collection of quantitative and qualitative data on public assemblies that were organised and took place during the reporting period, as well as media monitoring. The report offers additional analysis of the characteristic cases that raise issues of systemic relevance for improved exercise of this right. The analysis took into account the standards provided in the case law of the European Court of Human Rights (ECtHR), which is binding for Montenegro. 4 Monthly statistics on public assemblies According to the official data of the Police Administration, which the IA obtained by requesting free access to information, the statistics for the reporting period in question are as in the table below. JANUARY Total number of assemblies held 224 Number of assemblies that resulted in violence or disorder 0 Total number of assemblies that were banned, terminated on site or otherwise restricted 0 Total number of assemblies that resulted in use of police force 0 Number of unannounced public assemblies 119 Total number of unannounced public assemblies that were held 119 Number of public assemblies held simultaneously 28 Number of counter-protests 0 FEBRUARY Total number of assemblies held 144 Number of assemblies that resulted in violence or disorder 0 Total number of assemblies that were banned, terminated on site or otherwise restricted 1 Total number of assemblies that resulted in use of police force 0 Number of unannounced public assemblies 229 Total number of unannounced public assemblies that were held 229 Number of public assemblies held simultaneously 2 Number of counter-protests 0 MARCH Total number of assemblies held 63 Number of assemblies that resulted in violence or disorder 0 Total number of assemblies that were banned, terminated on site or otherwise restricted 0 Total number of assemblies that resulted in use of police force 0 Number of unannounced public assemblies 3 Total number of unannounced public assemblies that were held 3 Number of public assemblies held simultaneously 0 Number of counter-protests 0 5 APRIL – LOCKDOWN Total number of assemblies held Number of assemblies that resulted in violence or disorder Total number of assemblies that were banned, terminated on site or otherwise restricted Total number of assemblies that resulted in use of police force Number of unannounced public assemblies Total number of unannounced public assemblies that were held Number of public assemblies held simultaneously Number of counter-protests MAY Total number of assemblies held 41 Number of assemblies that resulted in violence or disorder 3 Total number of assemblies that were banned, terminated on site or otherwise restricted 1 Total number of assemblies that resulted in use of police force 3 Number of unannounced public assemblies 41 Total number of unannounced public assemblies that were held 41 Number of public assemblies held simultaneously 0 Number of counter-protests 0 JUNE Total number of assemblies held 83 Number of assemblies that resulted in violence or disorder 6 Total number of assemblies that were banned, terminated on site or otherwise restricted 11 Total number of assemblies that resulted in use of police force 6 Number of unannounced public assemblies 35 Total number of unannounced public assemblies that were held 35 Number of public assemblies held simultaneously 2 Number of counter-protests 0 JULY Total number of assemblies held 22 Number of assemblies that resulted in violence or disorder 0 Total number of assemblies that were banned, terminated on site or otherwise restricted 1 Total number of assemblies that resulted in use of police force 0 Number of unannounced public assemblies 13 Total number of unannounced public assemblies that were held 13 Number of public assemblies held simultaneously 0 Number of counter-protests 0 6 AUGUST Total number of assemblies held 97 Number of assemblies that resulted in violence or disorder 0 Total number of assemblies that were banned, terminated on site or otherwise restricted 3 Total number of assemblies that resulted in use of police force 0 Number of unannounced public assemblies 77 Total number of unannounced public assemblies that were held 77 Number of public assemblies held simultaneously 0 Number of counter-protests 0 The biggest number of assemblies happened in January. Still, it is worth noting that, for instance, the “processions “(protests organised by the Metropolitanate of Montenegro and the Littoral) that took place after January took the form of several major mass protests that gathered what used to be separate “branches” in January. This implied that a consolidation had taken place and that the final number of participants remained approximately the same. Although we gathered the official data on the police estimates of the numbers of participants in most of the organised protests, we will not analyse them further. Naturally, the assemblies were affected by the onset of the pandemic. An outright ban on assemblies was effective in April. Besides the “processions”, numerous other assemblies occurred, including the ones organised by the Montenegrin Cultural Network/Montenegrin Movement, workers of several companies or former recipients of mothers’ benefits, protests against apprehension of priests, human rights protests, Independence Day celebrations, protests demanding environmental protection, and reactions to the developments concerning the local authorities in Budva. The phenomenon of “car processions” (protests in the form of car convoys) emerged and became topical during this period, subsequently
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