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The smallest of the former Yugoslav republics, Montenegro achieved independence through peaceful referendum in 2006 and is on course to join the European Union and NATO. But like some other countries in the region, it still faces challenges that point to the need for more transparency and accountability in its governance system before it can meet the EU’s membership requirements.
Since independence, Montenegro has adopted a constitution and established a number of new governing institutions. But its democratic transition has been frustrated by strong divisions between government and opposition forces that impede the ability of the Montenegrin Parliament to play a meaningful role in the governance process. Also, it is difficult for citizens to obtain information about government decisions, so they are limited in their ability assess the state’s performance.
To help Montenegro, and other countries, deal with these challenges, NDI, with funding from the United Nations Development Programme, has developed a first-of-its-kind tool that can be used to assess the level of transparency and accountability in governing systems. The diagnostic tool provides a way to define values and practices necessary for a governing system to make democracy deliver for its citizens. These include ensuring that laws apply equally to all and providing meaningful checks and balances among the branches of government.
To test the tool, NDI assessed the legal framework and implementation of laws in more than 30 institutions across the executive, judicial and legislative branches in Montenegro. NDI has supported the country’s democratic transition since 1997 through its work with parliament, political parties and civil society groups, so the Institute enjoys strong relations across the political spectrum and is well placed to produce a framework that can be accepted and used by Montenegrins themselves.
In June, NDI and the UNDP held a public roundtable to release publicly the findings of its pilot assessment to government and parliamentary officials, party and civic leaders, journalists, and the diplomatic community. A key finding was that many laws, while reflecting democratic intent, have few enforcement mechanisms to ensure compliance. In addition, parliament’s oversight of government is hindered by the legislature’s inability to obtain information about what the government is doing, despite legal provisions guaranteeing all citizens the right to information from the state administration. NDI has recommended that government and parliament greatly increase their communication and the use of oversight instruments, such as hearings and parliamentary question periods, to make government officials more accountable to parliament, and by extension, the public.
NDI has distributed copies of the report to the members of the new government and all 81 parliamentarians. In the coming months, it will meet and work especially with the parliament to encourage adoption of the report’s recommendations. In addition, it will encourage NGOs to engage in the assessment process using the tool NDI has developed, which offers a comprehensive, dispassionate and empirical analysis of Montenegro’s progress toward achieving democratic standards necessary for EU membership. The full assessment report, framework and methodology are available on NDI’s Web site.