Backović’s statement that „Croats in Boka are a project“ denies the right of Boka’s Roman Catholics to freely declare their national identity
In the future, bearing in mind his religious authority, he should, through his public appearances, promote the values of dialogue, respect for diversity, and the right of every individual and community to freely express their national and religious identity - the Ombudsman’s recommendation states
The Protector of Human Rights and Freedoms of Montenegro assessed that statements made by parish priest Mijajlo Backović, in which he said that „Croats in Boka are a project“, contained elements of public speech that denies and/or relativizes the right of members of Boka’s Roman Catholic community to freely declare themselves nationally as Croats. He therefore recommended that Backović refrain in the future from questioning the authenticity, origin, or identity of members of any national or religious community.
The Protector had previously initiated proceedings ex officio to examine a potential violation of human rights and freedoms, following media reports that Backović, while appearing on the program „Slobodna zona“ on TV Prva, stated that „Croats in Boka are a project“.
- I must go back a bit and say that until the Second World War, Roman Catholics in Boka always said they were Bokelji, or Serbs. Ivo Andrić and Meša Selimović testify to this. Then, within this project, the Croatization of Boka’s Roman Catholics took place and they were forcibly pushed to become Croats. You see when Croatian officials come, they say they are visiting the Croatian national minority. If Adrijan Vuksanović and others looked into who their great-grandfathers were, they would know they were not Croats. I do not dispute their right to declare themselves as they wish, but I am speaking about a project. That is why Morinj is mentioned, while Lora is kept silent about - Backović said at the time.
In the Ombudsman’s opinion, although the priest formally stated that he does not dispute individuals’ right to freely declare their identity, the overall context and content of his statements („project“, „forcibly pushed“, questioning the origin of members of the Croatian national community) have the potential to create feelings of belittlement, exclusion, stigmatization, and non-belonging.
According to the Protector, such statements do not contribute to public debate on matters of general interest in a way grounded in mutual respect and tolerance, but may instead deepen ethnic and religious divisions in a multiethnic society such as Montenegro.
- In this regard, freedom of expression, guaranteed by Article 10 of the European Convention, is subject to limitations when it infringes upon the rights of others, including the right to dignity and the free expression of national identity - the opinion signed by Deputy Protector of Human Rights and Freedoms Nerma Dobardžić states.
The Protector considers that Backović cannot enjoy the protection of freedom of expression under Article 10 of the Convention, given that these are controversial views expressed by a priest of the Metropolitanate of Montenegro and the Littoral who, by virtue of his calling and clerical position, has the potential to influence believers and the community in which he serves. Church representatives are expected to be cautious and measured in statements that may provoke or incite hatred and intolerance.
In the Protector’s view, these are positions that deny and/or relativize the right of members of Boka’s Roman Catholic community to freely declare themselves as Croats, and claims that „Croats in Boka are a project“ are incompatible with the values of democracy and human rights.
For this reason, the Protector recommended that Backović refrain in the future from making statements that question the authenticity, origin, or identity of any national or religious community, bearing in mind that such statements may produce feelings of belittlement, denial of identity, and violation of the dignity of members of minority national communities.
- In the future, bearing in mind his religious authority, he should, through his public appearances, promote the values of dialogue, respect for diversity, and the right of every individual and community to freely express their national and religious identity - the Ombudsman’s recommendation concludes.