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Sniðmát Meistaraverkefnis HÍ MA Thesis in International Affairs Europeanization of LGBT Rights in Montenegro Stefan Jovic February 2020 Europeanization of LGBT Rights in Montenegro Stefan Jovic Final thesis submitted in partial fulfilment of a MA degree in International Affairs Instructor: Baldur Þórhallsson Faculty of Political Science School of Social Sciences, University of Iceland February 2020 3 Europeanization of LGBT Rights in Montenegro This final thesis is submitted in partial fulfilment of a MA degree in International Affairs. The thesis may not be copied in any form without the author’s permission. © Stefan Jovic, 2020 ID number: 2703943619 Reykjavik, Iceland, 2020 4 Abstract The goal of this thesis is to shed light on the process of top-down Europeanization imposed on EU candidate states. As the current candidate state for EU membership, Montenegro has most of its negotiation chapters opened, and is generally praised by the EU for the efforts taken in order to satisfy the accession criteria. However, adoption of certain policies, such as pro-LGBT policies seems to be entirely done in order to meet the criteria for EU membership, as the experiences of local activists, opinion of local politicians and the homophobic views of the local population do not match the progressive views of the policies introduced. By analysing the implementation of those changes, we see pure Europeanization at work. This way of implementing changes can have a positive effect on the LGBT community in Montenegro, as it provides a shelter for a part of the population that would not have the same rights without the Europeanization of such laws. However, adopting policies that significantly shape the society solely due to EU membership may reveal trust issues between the public and the government, and reveal that EU values are more important than the Montenegrin ones. 5 Útdráttur Markmið rannsóknar þessarar er að varpa ljósi á innleiðingu Evrópulöggjafar löndum sem óskað hafa eftir aðild að Evrópusambandinu. Eitt núverandi umsóknarlanda, Svartfjallaland, hefur þegar opnað nær alla kafla samningaviðræðnanna og að jafnaði hlotið lof fyrir innleiðingarferlið. Þrátt fyrir það, hefur innleiðing tiltekinna reglugerða og viðmiða í Svartfjallalandi, s.s. réttindamál hinsegin fólks, eingöngu vera unnin með það fyrir augum að mæta kröfum Evrópusambandsins. Færa má rök fyrir því að reynsla aðgerðasinna, skoðanir stjórnmálamanna og viðhorf almennings gagnvart hinsegin samfélagi falli ekki að öllu leyti að framsækinni sýn Evrópusambandsins. Greining innleiðingarferlisins dregur því fram einhliða innleiðingu regluverks í þágu Evrópusambandsaðildar. Aðlögunin getur haft jákvæð áhrif á hinsegin samfélagið í Svartfjallalandi, þ.e. þau sem því tilheyra njóta réttinda sem þau hefðu ekki öðlast án Evrópuvæðingarinnar. Á hinn bóginn getur aðlögun sem eingöngu er unnin með það fyrir augum að taka upp regluverk Evrópusambandsins afhjúpað veikleika í samskiptum almennings og yfirvalda og gefið til kynna að gildi Evrópusambandsins hafi meira vægi en svartfellsk. 6 Preface I have always been interested in the ways the European Union works and how it shapes its member states. After completing my Bachelor´s degree in European Studies, I attended the post-graduate program in Small State Studies: Small States in Europe, and further developed my knowledge on how states, in this case small states, function in the EU. Later, while attending the MA degree in International Affairs, I was exposed to broader topics in international relations, which was beneficial for my growth as an academic, but it reassured me that the work of the EU should be my primary focus. After choosing a topic for my MA thesis that is based on the EU, my home country of Montenegro, and the issue of LGBT rights that is close to my heart, I was exposed to a number of academics who have contributed on the literature of sexual citizenship in Europe. Researching their work was extremely inspiring, and it motivated me to learn more on the topic, and eventually write this thesis, that is hopefully a starting step in my future focus in this field, as it sparked more interest in me than any other topic I was introduced to during my education. This thesis accounts for 30 ECTS towards a Masters of Arts in International Affairs at the University of Iceland. I would like to thank my supervisor Baldur Þórhallsson for being so supportive of my ideas, his valuable comments throughout the writing process, but most importantly, for being a great role model. 7 Table of contents Abstract ............................................................................................................................. 5 Útdráttur…………………………………………………… …………………………..6 Preface ............................................................................................................................... 7 1 Introduction .............................................................................................................. 10 1.1 Background of EU – Montenegrin accession negotiations ................................. 10 1.2 Significance of Focusing on Europeanization of LGBT Policies in Montenegro 11 1.3 Research Question and Hypothesis .................................................................... 13 1.4. Structure of the Thesis……………………………………………………… 13 2 Theoretical Framework and Methodology............................................................. 16 2.1 Europeanization .................................................................................................. 16 2.1.1. Top-Down Europeanization in EU Candidate States ………………… 17 2.1.2. Top-Down Europeanization of LGBT Policies.................................... 18 2.2. Shelter Theory: Societal Shelter .......................................................................... 19 2.3. Interplay of Theories: Europeanization as a Shelter for the LGBT Community in Montenegro………………………………………………………………… 20 2.4. Research Purpose, Method and Design…………………………………… 21 3 Why Are LGBT Rights Important for the EU?..................................................... 23 3.1. Introduction…………………………………………………………………… 23 3.2. Older EU Member States are Leaders in LGBT rights ....................................... 23 3.3. The Beginning of Common LGBT Policies in the EU ........................................ 25 3.4. Summary .............................................................................................................. 27 4 The Impact of the 2004 EU Enlargement on LGBT Policies in the EU ................ 28 4.1. Introduction…………………………………………………………………… 28 4.2. Why post-Communist States Lack LGBT Activism ........................................... 29 4.3. Heavy Europeanization of LGBT Policies Found in post-Communist EU States 32 4.4. Summary................................................................................................... ..….. 33 5 How the Region Shaped the Montenegrin Approach to LGBT Rights ?.............34 . 5.1. Introduction ……………………………………………………………… 34 5.2. Developments in Croatia and Serbia Most Important ………. ………………..35 5.3. Serbian vs. Croatian Case with LGBT Rights: What Can Montenegro Learn? . 36 5.4. Croatian Commitment to the EU: The Main Similarity to Montengro .............. 38 8 5.5. Montenegro and Serbia: Separate States, Shared Values………………………… 42 5.6. Summary…………………………………………………………………………… 46 6 Montenegro and LGBT Rights: The Purest Example of Top Down Europeanization? 6.1 Introduction…………………………………………………………………… 47 6.2. First Montenegrin LGBT Activist Pressured to Seek Asylum…………………47 6.3. Introduction of Pro-LGBT Policies Parallel with EU Negotiations……………49 6.4. Same-Sex Partnership Law Proposal to the Montenegrin Parliament………….51 6.5. Vote of the Parliament on the same sex partenrship law ………………………53 6.6.Summary…………………………………………………………………………55 7 Conclusions ………………..57 7.1. Benefits of Top-down Europeanization of LGBT Policies in Montenegro: Shelter for the LGBT Community…………………………………………………………………… 59 7.2. Flaws of the Top-Down Europeanization of LGBT Policies in Montenegro: Mistrust of the Government and the Public…………………………………………………………60 Bibliography .................................................................................................................... 61 9 Introduction 1.1. Background of the EU – Montenegrin Accession Negotiations Montenegro started negotiating its accession to the EU in 2012, however, the conversation about entering the EU started earlier than that. The original efforts in implementing reforms and aligning certain standards with the EU ones began jointly with Serbia in 2005, since the two countries were still united until 2006. Ever since starting the accession process as an independent country, Montenegro proved to be up to task by quickly leading the pack of Western Balkan states which are all currently in various stages of joining the EU. Seven years after officially starting its negotiations, Montenegro has almost all of its chapters opened (32 out of 33), and even though only 3 chapters have been closed, all of the opened chapters are assessed as moderately or well prepared. The amount of chapters opened and the reputation Montenegro made as a candidate state led it to being often perceived as the most likely one to complete its accession process and become the next EU member state. In the latest EU Commission enlargement strategy, EU´s Commissioner for Enlargement, Johannes Hahn, emphasized the need for incorporating the Western Balkan states, and for the first time ever declared an expected date – 2025, when both Montenegro
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