CYIL 2012

HUMAN RIGHTS PROTECTION AND MULTICULTURALISM: A MONTENEGRO PERSPECTIVE the direct application of ratified and published international treaties and generally accepted rules of international law, when they regulate the relations differently from domestic legislation. This provision has particular importance in the area of human and minority rights, because they contain supra-state values which are out of the domain of state sovereignty. The Montenegrin Constitution recognizes all human rights of the first two generations in its Part II, as well as minority rights protection. Accordingly, a set of new laws was brought, out of which the most important for the topic of this paper will be mentioned and partially analyzed in the following pages. Additionally, concerning acceptance of European standards in human rights, the practice of the European Court of Human Rights is very important for Montenegrin courts, as it is an additional source of law in Montenegro, recognized through the interpretation of article 9 of the Constitution. Montenegro’s accession to the Council of Europe on 11 May 2007 19 happened almost a year after it had become a High Contracting Party to European Convention on Human Rights on 6 th June 2006, which was inherited status from the previous State Union of Serbia and Montenegro. 20 Actually, while being a member state of the State Union, in 2003 Montenegro had accepted obligations under ECHR, 21 and when it regained its independence by referendum it acceded to ECHR. 22 According to the official data of the last census of 2011, 23 the population of Montenegro consists of 620 029 people. The following data has shown that the society is highly multicultural : 278 865 or 44,98% declared as Montenegrins, 175 110 or 28,73% declared as Serbs, 6 021 or 0.97% are Croats, 30 439 or 4,91% are Albanians, 20 537 or 3,31% are Muslims, 53 605 or 8,65% declared as Bosnjaks (Bosnians), 6 251 or 1.01% are Roma, and 4,87% chose not to declare their ethnicity. Compared to previous censuses of 1991 and 2003, it is obvious that the majority in Montenegro is divided (Montenegrins 45%, Serbians 28,73%). Multiculturalism is an essential feature of Montenegro, which determines not only the content of human rights, but also the rule of law, through limitation of arbitrariness of the majority and domination of groups or individuals, institutions and entities over the law. Accordingly, it is inevitable to encompass all relevant issues concerning national, ethnic and cultural minorities. 19 http://www.coe.int/en/web/coe-portal/country/montenegro. 20 http://conventions.coe.int/Treaty/Commun/ListeTraites.asp?PO=Mot&MA=999&SI=2&CM=3&C L=ENG. 21 Official Gazzete no 9/2003. „Službeni list SCG“ – Međunarodni ugovori, br. 9/2003. Source: http:// www.coe.org.rs/REPOSITORY/163_ekljp_-_tekst_konvencije.pdf. 22 http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=005&CM=3&DF=26/05/201 2&CL=ENG ; See also: http://www.mip.gov.me/index.php/SE/spisak-potpisanih-i-ratifikovanih konvencija-se-od-strane-crne-gore.html. 23 Census of Population, Households and Dwellings in Montenegro 2011 , STATISTICAL OFFICE RELEASE, Ref. No: 83, Podgorica, 12. 07. 2011.

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