Today, in cooperation with 36 non-governmental organizations, MANS sent an open letter to the Minister of Justice, Andrej Milović, regarding the controversial solutions proposed by his Ministry, which relate to amendments to the Law on Prevention of Corruption.
GOVERNMENT OF MONTENEGRO
MINISTRY OF JUSTICE
Attn. Mr. Andrej Milović, Minister
Podgorica, April 12, 2024
SUBJECT: OPEN LETTER
Dear Minister of Justice,
We are addressing you with an open letter regarding the Draft Law on Prevention of Corruption, which in Article 44 paragraph 2 provides for the introduction of amnesty for all public officials who submitted inaccurate income and assets declarations five or more years ago.
This move has caused deep concern among citizens who believe in the transparency, accountability and integrity of all those elected or appointed to serve the public interest.
Corruption is a scourge that undermines the foundations of our society, stifles economic growth and erodes public trust in institutions. In the fight against corruption, it is crucial to send a clear message that no one is above the law and that all forms of corrupt behaviour will be sanctioned, regardless of the time period in which they were committed. By introducing amnesty for public officials who submitted incorrect financial reports, a message is sent that there is tolerance towards corruption.
We understand the need for reforms and modernization of the legislative framework related to IBAR, however, such reforms must go in the direction of strengthening the accountability system instead of its weakening.
Namely, integration into the European Union requires candidate countries not only to harmonize their legislation with the EU acquis, but also to demonstrate a strong commitment to the rule of law, transparency and the fight against corruption. The introduction of amnesty for public officials who submitted inaccurate income and assets declarations, as provided for in the Draft of the new Law on Prevention of Corruption, is directly contrary to these principles. Such a decision can be interpreted as a step backward in the fight against corruption and a deviation from the principles of the rule of law, which can have serious consequences on the EU integration process.
The principle of the rule of law requires that laws apply equally to all, without exception. By introducing amnesty for certain actions, the perception is created that there is a double standard and that some individuals are above the law. This undermines the trust in the legal system and institutions that are supposed to protect the public interest and promote justice and equality before the law.
Laws and reforms should serve as instruments for building a fairer and more transparent society, not as a means of pardoning those who have abused their positions.
Contrary to the current one, the proposed Draft Law was prepared without the participation of the non-governmental sector and was submitted to a public discussion within which comments can only be submitted in writing, while there was no public debate on the proposed solutions.
Therefore, we invite you to conduct a dialogue with all relevant actors in society, including civil society, professional public and international partners, in order to find the best solution that will strengthen the fight against corruption together. Our goal must be to create a transparent and accountable society where laws are respected and where all citizens can trust the integrity of those who represent them.
Below is a list of NGOs that signed the open letter:
The Network for Affirmation of NGO Sector – MANS
Human Rights Action – HRA
Centre for Development of Non-Governmental Organizations – CRNVO
NGO Center for Democratic Transition – CDT
Center for Investigative Journalism of Montenegro – CIN-CG
Women’s Rights Center – CŽP
Center for Protection and Research of Birds – CZIP
Association of Youth with Disabilities of Montenegro – UMHCG
NGO Anima
BIRN Montenegro
Institute for Socio-Political Research – Analitico
NGO Civic Alliance
NGO 35mm
LGBT Forum Progress
Trade Union of Medical Doctors of Montenegro
Organisation KOD
NGO Eko-team
NGO “Centre for Entrepreneurship”
Action for Social Justice
NGO “Association of NATO victims in 1999” Murino
The Association of Young Artists
Association Korina, Nikšić
Montenegro Adventures
Fidelity consulting
Montenegrin Committee of Lawyers
Local Democracy Agency
NGO Centre for Security Policy and European Integration
NGO “UZIP”, Herceg Novi
NGO “Group of Citizens BU2”
NGO “SERDAR”, Budva
NGO Ksena, Herceg Novi
NGO Alliance for Children and Youth – Home
NGO Restitucija
NGO ŠkArt, Tivat
NGO Gradionica, Bar
NGO “Inclusion“, Pljevlja
In addition, the letter was directly supported by over 20 journalist from various media outlets, civil activists, as well as thousands of citizens through social media platforms.
