The Association Spectra welcomes the statement of the Minister of Human and Minority Rights, Fatmir Đeka, in the Public Service show “Let’s be awake” from 5 November 2025, in which, responding to a question from a student of diplomacy and international relations, Danilo Guberinić, he recognized that the adoption of the Law on Legal Recognition of Gender Identity based on self-determination is one of the key steps towards fulfilling Montenegro’s obligations in the process of joining the European Union.

The minister emphasized that the law is ready for adoption, as well as that it received a positive opinion from the European Commission, but that it still does not have the support of some ministers. However, this information is surprising, especially taking into account that all competent ministries have given their consent to the bill, including the Ministry of Human and Minority Rights as the proponent, the Ministry of Internal Affairs led by Minister Šaranović, which is in charge of implementing the law, then the Ministry of Health led by Minister Šimun, the Ministry of Economic Development headed by Minister Đeljošaj, the Ministry of Social Welfare, Family Care and Demography led by Minister Gutić, the Ministry of European Affairs headed by Minister Gorčević, the Ministry of Justice led by Minister Božović, the Ministry of Finance led by Minister Vuković, the Ministry of Spatial Planning, Urbanism and State Property led by Minister Radunović, the Ministry of Education led by Minister Jakšić-Stojanović, and the consent of the Secretariat for Legislation and the Agency for Personal Data Protection. So, based on all of the above, a legitimate question arises – who are the ministers who gave their consent to the proposal of the Law, and who refuse to vote for it?

It remains an open question why the adoption of the Law at the Government session, after it was drafted and agreed with all relevant institutions, was stopped. Minister Đeka confirmed that the bill was ready last year, but that “there was no political will”. Nevertheless, the public still does not have a clear answer as to who specifically decided not to include the draft law on the agenda of the Government session, and for what reasons it was not the subject of the session, and why the deadline for determining the draft law set through the Action Plan for chapter 23 was broken. Such non-transparency raises the issue of political responsibility of those who, through their inaction, directly affect the unsatisfactory state of human rights in Montenegro, which was also confirmed by the recent report of the European Commission. We remind you that it clearly emphasized that Montenegro did not fulfill its obligations in the area of ​​human rights protection, equality and anti-discrimination, including the adoption of the Law on legal recognition of gender identity based on self-determination, and that specific progress is expected from the institutions in this field. We remind you that the report of the Committee for the Prevention of Torture of the United Nations (CPT), as well as the practice of the European Court of Human Rights and the practice of the EU Court of Justice, support the proposal of the Law on Self-Determination, which in several judgments clearly supported the protection of the right of trans persons to private and family life, the respect of which implies the process of European integration.

Although we welcome the work of the Ministry of Human and Minority Rights so far through the working group, and public action to explain this proposal of the Law to the public, we also recognize the important responsibility of the Ministry to this process, which as the proposer of the Law also bears the obligation to the citizens of Montenegro that the issue of the violation of the basic human rights of some of the citizens of Montenegro through the practice of forced sterilization is finally resolved. However, it is obvious that this requires more than just waiting for the rest of the Government to recognize the importance of this law, especially at a time when the process of European integration is conditioned by real progress in the field of human rights.

We hereby demand from Minister Gjeka to take active steps in the coming period to secure political support within the Government, which imply much more than a simple promise that he will “try once more to run” the proposal of the Law for the session by the end of the year, as he stated in the show. Let Minister Gjeka provide support for the Law proposed by the ministry he represents, and show that he stands behind his position, that he is not a mere decorum in the Government of Montenegro, and that he keeps to his credibility, integrity, and the word he gave to the citizens of Montenegro – that the process he starts brings to an end, and that he will stand for the equality of all, as he announced in his statements and meetings. We appeal to the minister not to allow his ministry’s commitment to remain only in words, but to confirm with concrete actions that he is not a minister whose position is more important than the well-being of his citizens.