Montenegro by Daliborka Uljarevic´ and Stevo Muk

Montenegro by Daliborka Uljarevic´ and Stevo Muk Capital: Podgorica Population: 0.6 million GNI/capita, PPP: US$12,770 Source: The data above were provided by The World Bank, World Development Indicators 2012. Nations in Transit Ratings and Averaged Scores Yugoslavia Montenegro 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Electoral Process 3.75 3.50 3.25 3.50 3.50 3.25 3.25 3.25 3.25 3.25 Civil Society 2.75 2.75 2.50 3.00 3.00 2.75 2.75 2.75 2.75 2.75 Independent Media 3.25 3.25 3.25 3.25 3.50 3.75 3.75 4.00 4.25 4.25 Governance* 4.25 4.00 n/a n/a n/a n/a n/a n/a n/a n/a National Democratic Governance n/a n/a 4.50 4.50 4.50 4.25 4.25 4.25 4.25 4.25 Local Democratic Governance n/a n/a 3.50 3.50 3.25 3.25 3.25 3.25 3.25 3.25 Judicial Framework and Independence 4.25 4.25 4.25 4.25 4.25 4.00 4.25 4.00 4.00 4.00 Corruption 5.00 5.25 5.25 5.25 5.50 5.25 5.00 5.00 5.00 5.00 Democracy Score 3.88 3.83 3.79 3.89 3.93 3.79 3.79 3.79 3.82 3.82 * Starting with the 2005 edition, Freedom House introduced separate analysis and ratings for national democratic governance and local democratic governance to provide readers with more detailed and nuanced analysis of these two important subjects. NOTE: The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 1 representing the highest level of democratic progress and 7 the lowest. The Democracy Score is an average of ratings for the categories tracked in a given year. 396 Nations in Transit 2012 Executive Summary n October 2011, the European Commission (EC) officially recommended Montenegro to begin accession negotiations to the European Union (EU). The IEC noted Montenegro’s progress on seven key priorities identified in the 2010 EC Opinion, including the long-awaited passage of amendments to the electoral law in September. The EU encouraged Montenegro to continue with judicial and antidiscrimination reforms. Poor implementation of anticorruption measures remains a serious problem. National Democratic Governance. Public administration in Montenegro is characterized by weak policymaking capacity in ministries, nepotism, limited inter-ministerial cooperation, and understaffing in most government bodies. Parlia- mentary committees were more active in 2011, meeting more regularly and drafting work agendas. The government took steps to reform the legal framework governing the civil service, including a new Law on Civil Servants and State Employees and amendments to the Law on General Administrative Procedure. New provisions of the Law on Conflict of Interest Prevention were adopted and entered into force, prohibiting sitting members of parliament from serving as directors of state administrative bodies or as members of other managerial bodies at either the national or local level. Montenegro’s rating for national democratic governance remains at 4.25. Electoral Process. After four years of deadlock, amendments to the Law on Election of Municipal Councilors and Members of Parliament was adopted in September 2011. The law represents the harmonization between Montenegro’s electoral framework and the country’s constitutional commitment to authentic representation of minorities, introducing a system of affirmative action for representation in parliamentary elections. However, there are indications that the ruling coalition can still manipulate the system in its favor, mostly through the control of campaign resources, which are significantly more powerful than those available to opposition parties. The Roma, Ashkali, and Egyptian populations remain underrepresented in the political sphere. Montenegro’s rating for electoral process remains at 3.25. Civil Society. Montenegro has a vibrant civil society with many active nongovernmental organizations (NGOs), but their presence is uneven, both regionally and in terms of thematic focus. The strongest are those in Podgorica, which deal mainly with good governance, human rights, anticorruption, and EU affairs, and have considerable capacity for public advocacy. Traditionally, relations between Montenegrin NGOs and the government have been strained, but bilateral communication has increased in the last two years, as symbolized by the establishment of Montenegro 397 the Council for Cooperation of the Montenegro Government and Nongovernmental Organizations at the end of 2010. The council became fully operational in early 2011, though the extent of its influence remains to be seen. Many NGOs are financially strained, as public funding at the local and national level is scarce. The funding allocation process is opaque, and project implementation is not monitored. The positive role of civil society in meeting the political conditions of the EC was acknowledged by both national and EU officials in 2011. Montenegro’s rating for civil society remains at 2.75. Independent Media. In accordance with priorities defined by the EU, the government decriminalized libel in 2011, though fines against media and journalists remain much higher than those established by the case law of the European Court for Human Rights. Inadequate protection of journalists from intimidation by powerful politicians and business leaders remains the main criticism of Montenegro’s media environment. Numerous cases of attacks on journalists in the last five years have not been resolved; neither have perpetrators been punished due to various reasons, including insufficient evidence, slow court proceedings, and the judiciary’s frequent inability to issue final verdicts. The absence of clear regulation on excessive concentration of media ownership partially explains the shrinking number of viewpoints available to media consumers; another reason is the subtle pressure on media outlets to align themselves with certain perspectives or risk losing state-sponsored advertising. Most of the state advertising budget goes to media considered loyal to the government. Internet media are becoming a source of information and a communication channel for more citizens. However, internet portals often contain content that is defamatory and in some cases filled with hate speech against various social groups and individuals. Montenegro’s rating for independent media remains at 3.25. Local Democratic Governance. Municipal governments in Montenegro are overstaffed and underfunded, with significant financial disparities between the regions. As a result of changes introduced in 2010, local government revenues increased in 2011. In June, the government adopted the 2011–2016 Development Strategy for Inter-municipal Cooperation in Montenegro, together with the 2011–2013 Action Plan for its implementation. After the new Law on Territorial Organization was adopted, national minority groups asked that new municipalities be established, but the government rejected these requests. Instances of local opposition parliamentary deputies “switching sides” to the ruling parties in Podgorica and in Andrijevica after the 2010 local elections raised questions on the independence of local MPs and the legitimacy and transparency of local governance. In Budva, Mayor Rajko Kuljača resigned after being indicted in the high-profile “Zavala” corruption case, and the Democratic Party of Socialists– Social Democratic Party (DPS-SDP) coalition elected Lazar Rađenović (DPS) as the new mayor. Local authorities do not have firm control over municipal finances. Montenegro’s rating for local democratic governance remains at 4.25. 398 Nations in Transit 2012 Judicial Framework and Independence. The EC noted progress on judicial reform in 2011, particularly with respect to the accountability, impartiality, and efficiency of judges and prosecutors. Parliament enacted amendments to the laws on courts, the Judicial Council, and the state prosecution office, which the EC praised while encouraging vigilance on implementation. The capacity of state prosecutors to implement the new criminal procedure code, which took effect in August, and coordinate law enforcement remains weak. Court proceedings tend to be overly long, resulting in a substantial case backlog, although the new Law on Notaries is designed to improve judicial efficiency. Even in high-profile cases in 2011, the judiciary demonstrated its immaturity and unprofessionalism, especially in the murder trial of Chief Police Inspector Slavoljub Šćekić. The judicial administrative staff went on strike over low wages, delaying court proceedings. Pending clear evidence that new judicial reforms are effectively implemented, Montenegro’s rating for judicial framework and independence remains at 4.00. Corruption. Anticorruption legislation and strategies are in place, but implementation is lagging, and corruption is widespread in many spheres. There are numerous anticorruption institutions and agencies, but they lack efficiency, coordination, and/ or independence. The government remains the largest employer in Montenegro, and budget allocations indicate that companies benefit disproportionately from direct relationships with certain government officials. In 2011, the government was more forthcoming with documentation related to large public procurement contracts, but full transparency is still a long way off. In March and December, charges were filed linking several government officials and businessmen to the illegal construction of lucrative properties without adequate permits. Lack of protection for “whistleblowers” remains a barrier to prosecution of corruption-related offenses. Studies indicate that the public still sees many forms of corruption as socially acceptable. Montenegro’s rating for corruption remains at 5.00. Outlook for 2012. The opening of accession negotiations with the EU, expected in June, will be the hallmark of 2012 for Montenegro. The government will face the challenge of implementing recent reforms and initiating new ones to address the most demanding chapters of the acquis communautaire, including Chapter 23 (on Judiciary and Fundamental Rights) and Chapter 24 (on Justice, Freedom, and Security).

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