MONTENEGRO-SOGI-TBs-CCPR

Concluding Observations on Report 2 (2025) (Link)

3. The Committee welcomes the following legislative, policy and institutional measures taken by the State Party:

…(k) The Strategy for the Improvement of the Quality of Life of LGBTI Persons 2024–2028;…

 

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Non-discrimination and hate speech

14. While noting the existence of a legislative and policy framework to combat discrimination, including hate speech, the Committee is concerned about the high level of hate speech in public discourse online and in traditional media, at sports events and in schools, directed in particular against political opponents, ethnic, religious and national groups including Roma, Ashkali and Egyptians, women, lesbian, gay, bisexual and transgender persons, persons living in poverty and persons with disabilities. The Committee is also concerned about reports of negationist discourse in relation to war crimes and glorification of war criminals, including by politicians, and an insufficient response to such discourse. The Committee is further concerned at the lack of awareness among the general public of available avenues for redress in regard to hate speech, and that when cases are brought, the penalties applied do not serve as a sufficient deterrent (arts. 2, 20, 26 and 27).

15. The State Party should strengthen its efforts to combat hate speech and hate motivated violence by, inter alia:

(a) Ensuring that alleged hate crimes are thoroughly investigated and prosecuted, that the perpetrators, if convicted, are punished with sanctions commensurate with the seriousness of the offence and that victims have access to full reparation;

(b) Ensuring effective monitoring of hate speech and hate crime through the systematic collection of data on related complaints and their outcomes;

(c) Taking effective measures to prevent and publicly condemn hate speech and historical revisionism relating to war crimes, in particular by politicians and public officials, including measures to ensure the dissemination of accurate accounts of historical human rights violations;

(d) Increasing the provision of special training for law enforcement officials, prosecutors and judges on the identification and prosecution of hate speech and historical revisionism and other forms of hate crimes;

(e) Enhancing measures to tackle the prevalence of online hate speech, in close cooperation with Internet service providers, social networking platforms and the groups most affected by hate speech;

(f) Promoting respect for diversity and raising awareness of the prohibition of hate crimes and of channels to report such crimes, including through public information campaigns and related measures outlined in the National Media Strategy 2023–2027.

 

Discrimination on the grounds of sexual orientation and gender identity

16. With reference to its previous concluding observations (para. 8), the Committee remains concerned at the high level of prejudice against lesbian, gay, bisexual and transgender persons, which is manifested in diverse forms of discrimination including hate speech and some instances of violent acts. The Committee is also concerned about the reportedly limited accountability of perpetrators of such acts. The Committee welcomes the adoption of the Law on Life Partnership of Same-Sex Persons, in July 2020, but is concerned that its effective implementation appears to have been hampered by the failure to amend relevant legislation accordingly. The Committee welcomes the development of the draft Law on Legal Gender Recognition based on Self-Determination but regrets its delayed adoption (arts. 2, 7, 20, and 26).

17. The State Party should redouble its efforts to combat discrimination, stereotypes and prejudice against lesbian, gay, bisexual and transgender persons. In this connection, the State Party should:

(a) Continue combating stereotypes about, and negative attitudes towards, persons on the basis of their real or perceived sexual orientation or gender identity, including through public information campaigns and education programmes in schools that provide students with full, accurate and age-appropriate information on sexuality and different gender identities;

(b) Reinforce the legal framework to promote the equal rights of lesbian, gay, bisexual and transgender persons, notably by adopting the draft Law on Legal Gender Recognition based on Self-Determination, ensuring that it clearly prohibits forced medical sterilization or other inhumane medical procedures;

(c) Adopt the necessary legal amendments to ensure effective implementation of the Law on Life Partnership of Same-Sex Persons, enacted in July 2020;

(d) Ensure that hate speech and violence motivated by a victim’s sexual orientation or gender identity committed by individuals or State officials are investigated promptly, that those responsible are brought to justice and, if convicted, appropriately punished, and that the victims receive comprehensive reparations, including rehabilitation and compensation.

 

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Freedom of association

48. While acknowledging the open and pluralistic civic space in the State Party, the Committee is concerned at reports that civil society, including non-governmental organizations promoting human rights or democracy, or defending the rights of women and lesbian, gay, bisexual or transgender persons, or working on corruption, face intimidation, hate speech and sometimes physical attacks, and have been subjected to threats and verbal attacks by senior politicians. While noting that civil society’s role in legislative and policymaking processes is formalized in law, the Committee is concerned by reports that civil society is not systematically consulted or afforded meaningful participation in such processes (art. 22).

49. The State Party should take all steps necessary to guarantee, in law and in practice, the effective exercise of the right to freedom of association and a safe and enabling environment for non-governmental organizations. It should take appropriate measures to ensure the effective participation of civil society in legislative and policymaking processes and ensure that threats, hate speech and violent acts against members of civil society are investigated and that perpetrators, if found guilty of criminal acts, are punished adequately.

 

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53. In accordance with rule 75 (1) of the Committee’s rules of procedure, the State Party is requested to provide, by 28 March 2028, information on the implementation of the recommendations made by the Committee in paragraphs 17 (discrimination on the grounds of sexual orientation and gender identity), 31 (conditions in places of deprivation of liberty) and 47 (freedom of expression) above.

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Concluding Observations on Report 1 (2014) (Link)

Discrimination on the grounds of sexual orientation and gender identity

8. While welcoming various legislative and institutional measures adopted to protect the rights of lesbian, gay, bisexual and transgender (LGBT) persons, the Committee is concerned at the prevalence of stereotypes and prejudices against LGBT persons. In this regard, it is particularly concerned about reports of acts of violence against LGBT persons and the lack of effective investigation and prosecutions. In particular, the Committee is concerned that human rights violations which occurred during the Budva and Podgorica Prides were not thoroughly investigated (arts. 2 and 26).

The State party should intensify its efforts to combat stereotypes and prejudice against LGBT persons, including by launching a sensitization campaign aimed at the general public and providing appropriate training to public officials so as to put an end to the social stigmatization of LGBT persons. The State party should ensure that all reports of violence against LGBT persons are effectively investigated and that perpetrators of violence based on sexual grounds are prosecuted and sanctioned.

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