To Her Excellency, Mrs. Judy Rising Reinke, Ambassador of the United States of America to Montenegro
To Her Excellency, Mrs. Anne Marie Maskay, Ambassador of the Republic of France to Montenegro
To Her Excellency, Ms. Don McCain, Ambassador of the United Kingdom to Montenegro
To Her Excellency, Mrs. Andreina Marselli, Ambassador of the Republic of Italy to Montenegro
To His Excellency, Mr. Peter Felten, Ambassador of the Federal Republic of Germany to Montenegro
To His Excellency, Mr. Johan Sattler, Ambassador of the European Union to Montenegro

SUBJECT: Appeal for Response Regarding Systemic Discrimination Against the Montenegrin Orthodox Church and Violation of Religious Rights of Montenegrin Citizens

Your Excellencies,

We address you with deep concern over the systematic discrimination being carried out against the Montenegrin Orthodox Church (MOC) and its believers, which constitutes a flagrant violation of fundamental principles of religious freedom, non-discrimination, and the rule of law—values that form the foundation of Montenegro’s European path and are consistently promoted and protected by your countries.

I. FACTUAL BACKGROUND AND EVIDENCE OF DISCRIMINATION

In Podgorica, according to the latest 2023 Census, 85.88% of the population identify as Orthodox Christians. Of these, 54.54% are Montenegrin Orthodox and 30.84% are Serbian Orthodox. However, the Serbian Orthodox Church (SOC) in Podgorica owns 4 monasteries, 1 cathedral, and 64 churches—mostly built in the 19th century during the Principality of Montenegro, funded by the people and the prince. On the other hand, believers of the Montenegrin Orthodox Church in the Capital City—which is home to one-third of Montenegro’s population—do not have a single religious facility, even though the MOC is registered under the same law and in the same registry, which should guarantee equal rights and obligations.

Only in the case of the Montenegrin Orthodox Church has the government blocked the allocation of land for constructing a religious building through a unilateral administrative decision. This dramatic disparity directly violates the right to freedom of religion and equal treatment of religious communities, as guaranteed by both the Constitution of Montenegro and international human rights conventions.

We present the chronology of this systematic discrimination:

• February 2019 – The MOC submitted a request to the Capital City for a plot of land to build a cathedral, noting that all other churches and religious communities had received favorable locations.
• December 17, 2020 – The Capital City Assembly adopted a decision to transfer ownership rights to the MOC over a 1,938 m² plot for constructing a religious building, valued at €658,920.
• December 18, 2020 – Without a legally sustainable explanation, the Government of Montenegro annulled the previous consent, thereby preventing the realization of the Assembly’s decision.
• May 16, 2022 – The MOC resubmitted the initiative to both the Capital City and the Government of Montenegro, but never received a reply.

In contrast, other religious communities receive substantial support from the state:

a) Islamic Community
In October 2022, the Government and the Capital City allocated 30,000 m² of land valued at €6.9 million for the construction of an Islamic Center.

b) Catholic Church
In July 2025, the Prime Minister and the Mayor of Podgorica announced the allocation of a construction plot worth €7.4 million to the Catholic Church.

c) Serbian Orthodox Church (Metropolitanate of Montenegro and the Littoral)
Continuously receives land and financial support, including:

• A donation of €1.8 million for building a religious high school
• Approval for the construction of 18 new religious buildings in the Capital City

The Government of Montenegro and local municipalities are using a non-existent legal criterion of “traditionality” to exclude the Montenegrin Orthodox Church from the group of religious communities entitled to equal treatment, despite the Constitution of Montenegro clearly stipulating the equality of all religious communities.

II. VIOLATION OF INTERNATIONAL STANDARDS AND REGULATIONS

International standards explicitly state that discretionary powers of the state must not be used as instruments of discrimination. While the state may allocate resources, land, or privileges at its discretion, such powers must be exercised in accordance with the principles of equality and non-discrimination.

The European Court of Human Rights (ECtHR) has ruled in several cases that although a state is not obliged to provide benefits or property to any religious community, once it chooses to do so for some, it must apply the same criteria to all others. Discretionary power does not imply arbitrariness—each decision must be based on objective and reasonable criteria and must be proportionate to a legitimate aim.

The explanatory report to Protocol No. 12 to the European Convention on Human Rights explicitly states that the prohibition of discrimination also applies when public authorities act within their discretionary powers (e.g., in granting subsidies or allocating land). This is precisely the case with the land that was initially allocated and later denied to the Montenegrin Orthodox Church.

The treatment of the MOC violates:

• Article 9 of the European Convention on Human Rights – guarantees the right to freedom of thought, conscience, and religion, including the right to manifest religion individually or in community, in public or private, through worship, teaching, practice, and observance. The inability to access religious facilities due to systematic obstruction of their construction constitutes a direct restriction of this right.
• Article 14 of the European Convention on Human Rights – prohibits discrimination in the enjoyment of rights and freedoms under the Convention. In the context of Article 9, this means that the state must not discriminate against religious communities in their right to practice their faith.
• Article 1 of Protocol No. 12 to the European Convention – provides a general prohibition of discrimination related to “any right set forth by law,” extending protection even to rights not explicitly listed in the Convention, including fair treatment in the exercise of the state’s discretionary powers.

Particularly relevant is the judgment in the case of “Churches of Christ v. Croatia” (Application no. 7798/08, judgment of December 9, 2010). The Court ruled:

“Although Article 14 in conjunction with Article 9 does not oblige states to grant legal effects to religious marriages or to provide religious education in public schools, once a state chooses to offer such privileges to certain religious communities, they fall within the scope of Article 9, and discrimination in the enjoyment of those privileges based on religion is prohibited.”

The Court further emphasized:
“A state that has entered into agreements with certain religious communities and thereby granted them special status must ensure that the criteria for acquiring such status are applied in a non-discriminatory manner.”

III. REQUEST FOR ACTION BY THE QUINT EMBASSIES

Given the facts presented and the longstanding support your countries have provided to the democratization and Europeanization of Montenegro, we appeal to you to use your influence to:

• Clearly and unequivocally condemn this form of discrimination, which directly violates fundamental European values
• Call on the Government of Montenegro to annul the Conclusion of December 18, 2020, and allow the transfer of ownership of the aforementioned plot to the Montenegrin Orthodox Church in accordance with the valid decision of the Capital City Assembly
• Insist that the Urban Plan of Podgorica (PUP) explicitly recognize the right of the MOC to build a religious facility on the allocated land, as has been done for other religious communities
• Support the initiative for the State of Montenegro to sign an agreement regulating mutual rights and obligations with the Montenegrin Orthodox Church, similar to those already signed with other religious communities, thereby establishing institutional relations and eliminating the possibility of further discrimination
• Monitor the implementation of the principle of equality of religious communities as a key parameter in Montenegro’s EU integration process, to ensure that believers of the Montenegrin Orthodox Church are provided with the necessary resources to exercise their religious freedoms

We remind you that the fight for religious freedom and equality of religious communities is a fundamental aspect of building a democratic society and the rule of law—values that your countries continuously promote—and we demand concrete action to rectify this injustice.

Respectfully,

In Cetinje, July 30, 2025

Archbishop of Cetinje and
Metropolitan of Montenegro
† M I H A I L O, sr.