To His Excellency, Mr. Jakov Milatović President of Montenegro

Subject: Call for respecting constitutional principles of equality of religious communities

Dear Mr. President,

We address you regarding your recent meeting with His All-Holiness, Ecumenical Patriarch Bartholomew I, during which you emphasized the secular and civic character of Montenegro. We welcome this stance as an important act confirming the constitutional order. However, your statement that “all religious communities are equal in practice” does not correspond to the objective legal and factual situation in Montenegro. Such a claim may create a false perception both in the public and before the Ecumenical Patriarchate.

Constitution and international standards The Constitution of Montenegro (Article 14) prescribes equality of all before the law, while Article 46 guarantees freedom of thought, conscience and religion. These provisions are imperative and directly applicable, and Article 9 of the European Convention on Human Rights additionally obliges the state to ensure equal enjoyment of the right to freedom of religion. According to Article 8 of the Constitution, international treaties have primacy over domestic laws, so the European Convention must be respected without exception. The European Court of Human Rights in the judgment Churches Association “Word of Life” and others v. Croatia (2010) clearly emphasized that the state, if it concludes special agreements with individual religious communities, must apply criteria in a non-discriminatory manner.

Situation in Montenegro

• The Montenegrin Orthodox Church (MOC) is the only significant religious community that is not a signatory to a fundamental agreement with the state, thus placing it in an unequal position compared to the Serbian Orthodox Church (SOC), Islamic Community and Catholic Church.
• While other communities enjoy systematic support, MOC is completely excluded. An example is the donation of €1,800,000 for the SOC religious gymnasium, while MOC has no institutional financial support.
• In Podgorica, where according to the 2023 census 85.88% of the population is of Orthodox faith (of which 54.54% Orthodox Montenegrins and 30.84% Orthodox Serbs), SOC owns 4 monasteries, 1 temple and 64 churches, while MOC has no facility.

Examples of discrimination in resource allocation

• On December 18, 2020, the Assembly of the Capital City adopted a decision on transferring land to MOC (1,938 m², estimated value €658,920).
• On the same day, the Government of Montenegro annulled the previous consent, without legally sustainable justification.
• In May 2022, MOC again submitted an initiative, to which it received no response.
• The Islamic Community received land of 30,000 m² in October 2022, worth €6,900,000.
• The Catholic Church received a plot worth €7.4 million in July 2023.
• SOC continuously receives land and financial support, including approval for construction of 18 new religious facilities in Podgorica.

Unconstitutional acts The Law on Freedom of Religion and especially the Fundamental Agreement with SOC contain provisions that violate the constitutional principle of equality and secularism of the state. Article 2 of the Constitution clearly prescribes that Montenegro is a civic and secular state. By privileging one religious community, the state goes beyond its constitutional framework, which may also constitute a violation of Article 1 of Protocol 12 to the European Convention (prohibition of discrimination).

Your responsibility As president and guardian of the Constitution, you are obliged to ensure:

1. Public recognition of the existence of systematic discrimination against MOC and initiation of the process of its elimination.
2. Demand that the Government immediately annul the Conclusion of December 18, 2020, which unlawfully blocked the transfer of land to MOC.
3. Initiation of procedure for concluding a fundamental agreement between the state and the Montenegrin Orthodox Church, in accordance with the principle of equality.
4. Opening dialogue with the Ecumenical Patriarchate on restoring autocephaly to MOC, based on truth, canon law and constitutional obligations of Montenegro.

Conclusion The Montenegrin Orthodox Church does not seek privileges, but exclusively consistent application of the Constitution, laws and international obligations. True equality of religious communities is not only a constitutional imperative, but also the foundation of democratic order and Montenegro’s European path.

We call upon you to use the authority of the president to restore citizens’ trust in the principles of constitutionality and equality – which is a key prerequisite for preserving democratic order and the European future of our state.

With respect, in faith, and hope for dialogue for the common good,

† Archbishop of Cetinje and Metropolitan of Montenegro MIHAILO

At Cetinje, September 12, 2025.