The
constitution guarantees the freedom of religion as well as the right to change one’s religion, as well as the right to privacy with respect to disclosing one's religion. The constitution states the freedom to express religious beliefs may be restricted only if required to protect the life and health of the public, peace and order, or other rights guaranteed by the constitution. It specifies there is no state religion and guarantees equality and freedom for all religious communities in religious activities and affairs. The law forbids “the abuse of religious communities or their religious sites for political purposes.” The constitution exempts conscientious objectors, including those objecting for religious reasons, from military service. Alternative service is not required. A 2012 law establishes that Muslim religious needs, such as halal food or the right to not work on Fridays, are provided for in the military and public institutions. The constitution states foreign nationals fearing persecution in their home countries on the grounds of religion have the right to request asylum.
Legislation against the violation of religious freedom The constitution permits courts to prevent propagation of religious hatred or discrimination and prohibits organizations instigating religious hatred and intolerance. The criminal code prescribes a fine between 200 euros and 16,000 euros or up to two years’ imprisonment for restricting an individual’s freedom to exercise a religious belief or membership in a religious group, or for preventing or obstructing the performance of religious rites. The code also provides for a fine of between 600 euros and 8,000 euros or a maximum of one year in prison for coercing another person to declare his or her religious beliefs. Any government official found guilty of these crimes may receive a sentence of up to three years in prison. The law prohibits discrimination, including on religious grounds. Offenses are punishable by a prison term of six months to five years. The Office of the Protector of Human Rights (ombudsman) is responsible for combating discrimination and human rights violations, including those against religious freedom, by government agencies. It may investigate complaints of religious discrimination and, if it finds a violation, may request remedial measures. Failure to comply with the ombudsman’s request for corrective action within a defined period is punishable by fines of 500 to 2,500 euros. Generally, government agencies implement the ombudsman’s recommendations, although often with delays. If necessary, the courts may enforce the recommendations.
Registration process for religious organizations The law provides for the recognition of religious groups through registration with local and federal authorities, although religious groups that existed before 1977 are not obligated to register in order to obtain recognition. New religious groups must register with local police within 15 days of their establishment to receive the status of a legal entity, although there is no penalty specified for failing to do so. The police must then file this registration with the Ministry of Interior, which maintains a list of all religious organizations in the country. To register, a religious group must provide its name and organizing documents, the names of its officials, the address of the group’s headquarters, and the location(s) where religious services will be performed. Registration entitles groups to own property, hold bank accounts in their own name, and receive a tax exemption for donations and sales of goods or services directly related to their religious activities; however, lack of registration or recognition does not affect a group’s ability to conduct religious activities. An unregistered religious community may register as another type of organization in order to open a bank account, but may not receive the tax exemptions granted to registered religious groups. As of 2017 are 21 recognized religious groups in the country: the Serbian Orthodox Church, Montenegrin Orthodox Church,
Islamic Community of Montenegro, Roman Catholic Church,
Church of Christ's Gospel,
Catholic Mission Tuzi,
Christian Adventist Church,
Evangelistic Church,
Army Order of Hospitable Believers of Saint Lazar of Jerusalem for Montenegro,
Franciscan Mission for Malesija,
Biblical Christian Community,
Baháʼí Faith,
Montenegrin Community,
The Church of Jesus Christ of Latter-day Saints,
Jehovah’s Witnesses,
Montenegrin Catholic Church,
Montenegrin Protestant Church,
Montenegrin Demochristian Church, and
Montenegrin Adventist Church, as well as the
Buddhist and
Jewish communities. All these groups are registered, except for the Serbian Orthodox Church, which has not applied to register.
Coordination between religious groups and the government The government has agreements with the Islamic and Jewish Communities and the
Holy See further defining the legal status of the respective groups and regulating their relationship with the state. In the agreement with the Holy See, the government recognizes Catholic canon law as the Church’s legal framework and outlines the Church’s property rights. The agreements with the Islamic and Jewish Communities have similar provisions. The agreements establish commissions between each of the three religious communities and the government. There are no similar agreements with other recognized religious groups. The Directorate for Relations with Religious Communities within the
Ministry of Human and Minority Rights (MHMR) regulates relations between state agencies and religious groups, and is charged with protecting the free exercise of religion and advancing interfaith cooperation and understanding. The MHMR provides some funds to religious communities and is in charge of communication between the government and the religious communities. The ministry is also in charge of drafting new legislation defining the status and rights of religious organizations.
Education By law, religion may not be taught in public primary or secondary schools. The Islamic community operates one private madrassa at the secondary school level, and the SOC operates one secondary school, both of which follow the state curriculum in nonreligious matters. == Government practices ==