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We’re celebrating another year without self-determination on Trans Visibility Day

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On Trans Person Visibility Day, we remind you – Adoption of the Law on Legal Recognition of Gender Identity is not only an obligation of Montenegro, but also a prerequisite for creating a society in which all citizens are free to live and work. The media visibility of transgender people in Montenegrin society in the last decade is obvious, however, there is no essential visibility of the community, until the system recognizes it and provides basic human rights. That is why today, on Transgender Visibility Day, we remind you that the Government of Montenegro has an obligation to adopt as soon as possible the Law on Legal Recognition of Gender Identity on the basis of self-determination, to which it has committed itself, and to stop the practice of forced sterilization by which, unfortunately, Montenegro is still recognized in Europe.

While the Government of Montenegro constantly fails to fulfill the obligations it has given itself, and the Ministry of Human and Minority Rights only occasionally remembers to mention self-determination in passing when asked by the media, transgender people are the only population in Montenegro that must go through the process of forced sterilization in order to harmonize their personal documents with their identity and the factual state of affairs. This shows the systemic and legal invisibility of the community and the ruling majority’s disinterest in changing this situation.

And while every year during Pride week, politicians send a declaration of support for the human rights of queer and trans people, we are celebrating the second Transgender Visibility Day since the prepared and coordinated draft of the Law on Self-Determination has still not been sent to further procedure by the Government of Montenegro. We remind you that this draft has been approved by all relevant ministries, and that numerous relevant international institutions have so far called for its adoption, including on several occasions the European Parliament and the European Commission.

Bearing in mind the plans and wishes of our Government to soon sign the Treaty on Accession to the European Union, and that the adoption of this law is included in the Action Plan for closing the key chapter 23, and in the Program for the Accession of Montenegro to the European Union for 2026-2027, we wonder when they plan to unlock the drawer where it is hidden and finally send this law to the Parliament of Montenegro for adoption.

Responsibility for the failure to adopt this law is shared. According to the information we have, Andrija Mandić, in an attempt to imitate the style of Donald Trump, actively influenced the postponement, while Prime Minister Milojko Spajić and Minister Fatmir Gjeka, together with other constituents of the government, have not yet shown sufficient proactivity to put the law they are responsible for into the procedure for further adoption.

Since the planned deadline for the adoption of the Law in the Parliament of Montenegro is the end of the second quarter, which is also the end of the first session, and at the same time the negotiations for signing the Accession Treaty are intensifying, we remind you that so far 48 organizations and activists from Montenegro, 137 organizations from the region, more than 100 academics, 4 large European organizations (ILGA Europe, ERA, IGLYO, TGEU), young people in front of the Youth Parliament have called for the adoption of this law. The Committee for the Prevention of Torture (CPT), the Committee on the Elimination of Discrimination against Women (CEDAW), the European Commission, the European Parliament and 18 European Members of Parliament, as well as the judgments of the EU Court of Justice and the European Court of Human Rights. As the judgments of the Court of Justice of the EU constitute the legal acquis of the European Union, Montenegro is obliged to comply with the same in the process of accession. Therefore, on Trans Visibility Day, we call for concrete steps to be taken so that the deadlines are met, the Law on Self-Determination is adopted, and the inhumane and shameful practice of forced sterilization is finally abolished.

Trans people have been using their visibility for more than a decade to point out general problems in society and call for equality for everyone without exception. It is time for Montenegro to ensure equality for us as well as for all citizens of this country. We do not believe in second-class citizenship and refuse to accept that we live in a society where anyone is bullied by the system for being who they are.