Montenegrin Orthodox Church

Re-proposed (2014): Montenegrin orthodox church letter to United Nations OHCHR

Re-proposed (2014): Montenegrin orthodox church letter to United Nations OHCHR

THE UNITED NATIONS ORGANIZATION
HUMAN RIGHTS COMMITTEE

Geneva

Subject: Contribution to the  Report on the situation of human rights in Montenegro;

Submitter: Montenegrin Orthodox Church, Montenegro, Cetinje, Gruda bb;

Normative basis: Covenant on Civil and Political Rights, article 2; article 3; article17, article 18; article 19; article 20; article 25; article 27;

Montenegrin Orthodox Church (MOC) emphasizes that it is under unjustified restriction of  the worship and  public religious observances, in the objects which, by tradition, belongs to this Church.

It situation is herited from the period  between two world wars, when,  without authority,  by  authorities misusing, MOC was incorporated into Serbian Orthodox Church. It was  done  by decision of the crown prince of the  Kingdom of  Serbs, Croats and Slovenes, prince  Aleksandar Karadjordjevic, on the June 1st 1920 (published in  Official Gazette  SOC no. 1, year one) .

Decision was made after adoption of the decisions to abolish  the State of  Montenegro and  to persecute Sovereign  King Nikola I Petrovic. These decision was  made on illegal meeting,  organized by Serbian Dinasty Karadjordjevic  and   it’s  supporters, on the December 1st 1918, in Podgorica, on the assembly  called Assembly of  Serbian people in  Montenegro (historical name „Podgorica Assembly„).

These historical facts are important for understanding the significance of the Montenegrin Orthodox Church (MOC) because it is established in the tradition of the Eastern Orthodox Church that the church having a national prefix is consisting part of national identity. Concretly, a part of the identity of the Montenegrin nation.

Particularly important  is the fact, unique in the Orthodox world, that  the MOC, during the centuries of the rule of  Ottoman Empire in the Balkans, successfully organized and led the fight to preserve freedom. During the fight MOC has established the identity of the nation and permanently embedded itself in this identity.

From the period of the abolition of the public exercise of the religious observances (Ancient-Early Greek autocephalous)), in 1920, the priests and followers of MOC suffered torture and persecution.

This situation lasted until  October 31st October 1993, when the public exercise the Orthodox Christian  observances  was renewed, under direction of the Montenegrin Orthodox Church  Chief  Priests – Montenegrin Orthodox Metropolitan. It was done at a public meeting in Cetinje (ever since known as “folk meeting”).

At that time, MOC  was not allowed to be registered in the register  of religious communities, according to the Law on the Legal Status of Religious Communities (“Official Gazette of Montenegro”, no.9/77, 26/77, 29/89, 39/89, “Off. Gazette Republic of Montenegro “, no. 27/94, 36/03).

MOC  submitted  the first application for registration on July 26th  1995, but the request was rejected. The request was repeated on July 29th 1999 but this request was rejected, as well. Registration is done, yet, on January 17th, 2000.

By then, the registration of real estate, under the name of SOC, on the coast, Cetinje, the capital Podgorica and in all areas where there was a significant religious property (buildings and land), was over. Ownership of real estate (buildings and land of the Eastern Orthodox Church) was registered under the name of the  SOC, with no evidence of, but only based on expose to public inspection.  Just saying  of  the  SOC priest  that certain property belongs to the Church, was quite sufficient or the registration ownership rights under the name of  SOC. 

During the process of registration of property rights, the MOC was not allowed  to participate  in the process of registration of real estate, because the MOC was not registered with authorities.

It is important to note that SOC is not registered at the competent authority of  Montenegro. Legal personality of the SOC in Montenegro was established based on the opinion of the former Republican Secretary of Legislation in 1998, but not on the basis of the Law on the Legal Status of Religious Communities in Montenegro. Based on that opinion, SOC was recognized  its “special legal capacity”, a legal entity and ownership powers.

We stress that the “special legal capacity” of religious organization has not been prescribed, by any law of Montenegro, nor is it today.  

Although the opinion does not bind anyone, when it comes to SOC, opinion is stronger than the law and the legal process.

On the basis of such entries of property rights, SOC forbids exercise the religious observances to the  MOC priests and worshipers,  in religious buildings which are registered under the name of SPC.

In the State capital – Podgorica, MOC priests perform religious observance on Sundays, only, outdoors, in the park Krusevac, next to the court church, which was built by King Nikola I Petrovic. In addition to a number of  buildings in Podgorica, SOC uses this facility, as well, although, it has built a huge temple, by millions in donation, from the Government.

In the Royal Capital of Cetinje, the situation is somewhat better, because MOC has a newly built facility- the Curch of St. Peter Cetnjski, which is  within the Bishop’s palace. But, the Cetinje Monastery remains under the administration of the SOC, and the Belgrade Patriarchate, which manages its Metropolitan’s Montenegrin Littoral.  This is especially annoying  because this object was the seat of  the MOC and the state of  Montenegro independence, but now it is used by church of foreign country –SOC.

In Kotor, religious service is regularly performed, but it is all too little for the needs of the MOC worshipers.

The problem is lack of  resources for work  of the MOC. With no legal basis, a large number of urban, rural churches and monasteries are registered under the name of the SOC, form which, Serbian Orthodox Church gains enormous un-taxed income. For example, according to the media,  the Monastery of Ostrog St.Vasilije, only, annually gains between 1 million and 1.500 000€.

The SOC priests, on regular basis, prohibit access to the facilities to the MOC priests . The MOC worshipers, who manage to enter into religious object, perform worship under the supervision of the SOC priests, although religious rituals are identical.

As it is, already, mentioned, on the basis of illegal entries of property rights, SOC has tried, through court cases, to obtain restraining access to the MOC priests, but the courts rejected these claims. Despite this, the MOC priests are still banned from the access. Prohibition is being carried out by the SOC priests and  they have support of the police, when needed.    

Typical case is from April 18th 2007, when a special police unit  prevented Chief  Priests – MOC Metropolitan, along with other priests and hundreds of worshipers, to enter in Cetinje Monastery, and attempt worship and performance of observance.

The public explanation, given by heads of the police, was that “in Cetinje Monastery, there were armed, safety interesting persons from criminal structures, at that time”

On this occasion, MOC addressed to the Ombudsman and the Council for Civil Control of Police.

After several interventions, the response was obtained in March 2013, by the Council for Civil Control of Police, who said that ” all available police powers were not applied, against people from criminal structures, which, according to official police information, armed stayed  in Cetinje Monastery.”The Council considered unacceptable that ,,… public in Montenegro is not aware of the identity of the persons for whom the police claimed to have  criminal history … “and” considers it unacceptable that anyone in Montenegro is not subject to the application of the Law, due to “sensitive political moments or issues.”

Hereby, the powers of this Council have been exhausted. Regarding to mentioned issue, no process has been initiated yet and no response is  received, by the Ombudsman.

Due to the  human rights violation, from the article 18 of  the Covenant,  MOC addressed, repeatedly, to  state authorities, but no reply was received, nor was anything done to eliminate discrimination on religious grounds and violation of the right to freedom of religion, of priests and worshipers,   which has reached the dimension of mass violations.

MOC Metropolitan bowed to the victims of war in Croatia (Ovcara near Vukovar) and together with the priest of the Catholic Church in Montenegro and the priest of the Islamic religious community bowed to the victims of war in Bosnia and Herzegovina (Srebrenica), whereby he, crucially, influenced on religious tolerance in Montenegro.

Despite the fact that the SOC in Montenegro caused  considerable devastation to the sacred objects-culturicide, thereof an official report of the Ministry of  Culture was made in 2006, concrete actions,  by means of,  the SOC should has done restoration, had not been taken, nor the MOC is  allowed to worship and perform religious observance,  in Orthodox churches in Montenegro.

According to the Universal Periodic Report on Human Rights in Montenegro , the  “Program of the Government  for  2013 announced the bill on the legal status of religious communities, since the law in force of 1977 need to be harmonized with the Constitution, which will define the relations of the state towards religious communities, as well as their legal status in the secular Montenegrin society “. Despite this announcement  the Government, in October 2013, gave up drafting the bill, considering this human right as ” political issue “.

MOC, on this occasion, point out that it advocates the development of Montenegro on the basis of civil state,  which imply respect for human and religious rights, especially because the Montenegrin sovereignty is restored  on the basis of self-determination, Article 1 of the Covenant on Civil and Political Rights. MOC requires to be allowed the exercise of worship and public religious observances, in the Orthodox church buildings, that have always been state property,  since the Montenegrin church was “established church.”

Buildings and land, including cemeteries, are taken away illegally, by the government, and given to  SOC. MOC requires respect for historical facts and also,for the importance of  MOC to raise awareness about Montenegrin sovereignty  and thus , requires its place in the development of civil, multi-religious and multicultural society.

Accordingly, MOC proposes to adopt appropriate recommendations by means of which,  to its worshipers  and the priests shall be allowed to exercise the right to freedom of religion, of article 18 of the Covenant on Civil and Political Rights.

With regards,

Head of Montenegro Orthodox Church

+ Mihailo

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