Montenegro - persons missing within armed conflict during the 1990s - A review of the situation and recommendations for improving the results of the search for the missing and the position of their families (Centar za građansko obrazovanje (CGO), 2021)
The wars of the 1990s in the former Yugoslavia have had severe and longterm consequences, which Montenegro too still faces today and only to a limited degree. Also, almost all states of the former Yugoslavia face the challenge of addressing systemic violations of human rights, which is reflected in the process of building functional democratic institutions that should establish a responsible attitude towards the recent violent past. Such a relationship is inconceivable without establishing the truth about the fate of persons who are still listed as missing due to the armed conflicts of the 1990s. The states of the region continue to owe the families of 9,969 missing persons a full and impartial investigation into the circumstances under which their loved ones were killed or went missing, and they fail to carry out responsible sentences in accordance with the gravity of the crime committed.
In Montenegro, the legislative framework does not recognize the families of persons considered missing as civilian victims of war, whereas the system of reparations is flawed and discriminatory. Given the recorded activities of Montenegro in the armed conflicts during the 1990s, as well as the court-established facts indicating the role of Montenegrin citizens in these events, a proactive approach by Montenegrin institutions is crucial in determining the fate of missing persons. Victims' communities have high expectations from these institutions, which is proportional to the participation of the armed forces under the direct or indirect control of the state of Montenegro in the waged wars. Unfortunately, the disproportionate commitment of Montenegrin decision-makers and institutions to this issue remains. The process of searching for the missing is difficult and conditioned by the political situation in the countries of the region.
Although the need to find out the truth about the fate of persons who disappeared during the armed conflicts is expressed, above all, among their family members, and sporadically appears on the agenda of meetings of statesmen in the region, in practice, there are obstacles to the search for missing persons. These obstacles range from the inadequate capacities of state bodies involved in the search for missing persons, through insufficient financial resources, to a lack of political will to substantially improve regional cooperation, which also includes the determination to make the search for missing persons more efficient. In general, there is not enough information on this issue in Montenegro, and it is also marginalized in public discourse.
Therefore, this publication, as an alternative report, offers an overview of international standards and national legislation, reviewing the results and challenges of the search for missing persons during the armed conflicts in the former Yugoslavia in the 1990s, but also proposes recommendations for improving efficiency in this area