Montenegro

According to the reply of the Ministry of Defence of Montenegro to the Questionnaire about EBCO’s Annual Report 2020 (e-mail on 05/01/2021):

Based on the decision of the President of Montenegro, on 30 August 2006, all activities related to the execution of conscription and compulsory military service were suspended.

The right to conscientious objection is guaranteed by the Constitution of Montenegro. According to Article 45 of the Constitution, it is defined that "no one is obliged to fulfill a military or other service involving the use of weapons, contrary to their religion or belief." The Constitution of Montenegro entered into force on October 25, 2007.

Furthermore, the Law on the Armed Forces, Article 189, defines that "a conscript who, due to faith and conviction, is not ready to participate in the performance of military duty, which includes the use of weapons, has the right to conscientious objection."

Citizens of Montenegro are eligible for military service at the age of 18 (which is a legal age in Montenegro). Accordingly, person under the age of 18 is not allowed to be admitted into the military service, regardless of the situation in the country, i.e. peacetime or declared state of war.

A military person carries and uses firearms and other weapons (hereinafter: weapons) in accordance with the Law on the Army and the rules of service. A military person must be trained to handle and use weapons.

Professional military personnel are not forced to serve in the Army. Professionals are volunteers. They enlist in the military service in accordance with their personal will. Upon entry into the military, they sign a contract with the employer - Ministry of Defence. During military service, professionals perform tasks that include, among other things, handling and use of weapons. Professionals are entitled to a salary for military service in accordance with the signed contract.

Professional military personnel have the right to invoke a conscientious objection, like any citizen of Montenegro. A professional cannot be forced to use a weapon but by invoking that right they violate the duties defined in the contract signed with the employer i.e. Ministry of Defence and in that case they are subject to the procedure for non-fulfillment of the undertaken duties.