Criminal policy in Montenegro in the area of human trafficking is mild, and competent authorities do not act adequately to protect victims and punish perpetrators, it was concluded at the round table on the Criminal Code (CPC) in the function of protecting women in Montenegro.
The Sirur Women's House, in cooperation with MANS and with the financial assistance of the European Union (EU), prepared a Report on the situation in the fight against human trafficking and sexual exploitation in Montenegro, which proposes amendments to the Criminal Code (CPC) and the introduction of stricter penalties for actors in those crimes.
The president of the Safe Women's House, Ljiljana Raičević, said that the MPs in the Assembly accepted the organization's proposal in order to prepare changes to the CC, which strengthens the legal framework for greater punishment of pimps who make money by "selling women as goods".
She said that the proposal they sent to the members of the Parliament was an appeal to prescribe by law the highest possible penalties for trafficking in which women are the victims.
Raičević reminded that the number of cases and types of exploitation are constantly increasing, saying that the biggest problem in that area in Montenegro is the poor activity of the judiciary.
According to her, there is a low level of arrests of the perpetrators of those crimes, as well as a lack of legally binding court decisions.
"The police cannot boast of great success and progress, and neither can the judiciary, because the number of processed cases and those that have been brought to the end is lacking," Raičević explained.
In the last ten years, as she stated, the criminal prosecution authorities have not produced significant results in the fight against human trafficking.
"During that period, the Police Administration filed 21 criminal charges against 64 persons for human trafficking, and the prosecution filed 20 indictments against 59 persons, while in the same period the competent courts considered 17 cases, of which 16 were concluded, and one case is still pending. in progress," said Raičević.
A total of 13 cases, as stated in the Report, were finally concluded with a conviction in which 34 people were sentenced to prison, while three were acquitted.
Raićević said that she hopes that one day a film will be made in Montenegro about the Moldavian woman S.Č. as a "victim who was found guilty", which, as she said, had never happened anywhere in the world.
Bird: Prostitution cannot be separated from trafficking
Dawn Eddie Bird, representative of the EU Delegation in Montenegro, said that the global prostitution market includes about 40 to 42 million people in the world and generates an income of 186 billion dollars annually.
"Evidence shows that prostitution cannot be separated from trafficking, and sexual exploitation is its most widespread form. According to EUROPOL estimates, about 91 percent of all cases of trafficking are related to sexual exploitation," said Bird.
According to her, 60 to 70 percent of the victims were forced into prostitution by criminal groups.
She said that if the gender dimension of trafficking is taken into account, women make up the majority of victims, which is estimated at 96 percent.
"In the EU, trafficking is considered a serious crime that is unacceptable," said Bird.
She said that the EU does not have a single policy when it comes to prostitution, explaining that the regulation of this issue is within the internal jurisdiction of the states, so that each individually has a different approach.
"In some member states it is prohibited, and in some it is legalized and allowed, but in the vast majority of states, although prostitution is not illegal, certain activities related to it are regulated and punishable," Bird said.
Despite the different approaches of the members, they all try to prevent trafficking aimed at exploitation.
Bosniak: Thank the non-governmental sector for everything done so far, not the state institutions
Member of the Democratic Front, Branka Bošnjak, said that the issue of gender equality, trafficking and violence against women is a topic that has no political and ideological connotation, but, as she stated, it is a common problem of all political actors.
She believes that penalties should be increased for crimes related to trafficking, but also for domestic violence.
Bošnjak assessed that dealing with the problem of violence against women in Montenegro is just beginning, and "everything that has been done so far is thanks to the non-governmental sector, not state institutions."
According to her, it is important to draw attention to several types of violence against women.
As Bošnjak reminded, domestic violence is one of the most widespread crimes against women, and it has only recently been recognized as a major social problem in Montenegro.
She said that it is a wrong approach to see violence as a problem of the individual, not society. "It's time to stop ignoring this problem."
"The institutions are quite passive. Women are either not aware that help can be provided to them or they do not trust the institutions of the system or they are too afraid to ask for protection," said Bošnjak, saying that it is necessary to change society's awareness and encourage the reporting of cases of violence.
"Reporting this act is a humane act and it is necessary to explain it," she assessed.
According to Bosniaks, women are unprotected despite the legislative framework until the consciousness of Montenegrin society changes.
"The fight against this scourge is our common interest and must be addressed by all political actors".
According to him, the current penal policy is mild, so it stimulates the perpetrators to continue committing the same crimes.
Bosniak believes that such punishments are unacceptable at a time of increasing crime.
She said that a large number of incidents remain unreported for various reasons, adding that the authorities "did not act proactively enough to suppress the indifferent attitude towards domestic violence, which is particularly noticeable among prosecutors and social workers".
The Bosniak also pointed to the problem of rape and low punishments, and especially the practice of issuing lenient sentences.
She also pointed to, as she stated, a new type of violence in Montenegro - selective abortions.
"Women, under family pressure or for other reasons, terminate their pregnancies when they find out that the fetus is female," she said, pointing to the fact that in Montenegro, on average, 100 girls are born compared to 110 boys, while the natural number is 100 to 102 and 104.
"We need to find space for this in the CC," Bošnjak said.
Radulović: The debate on the legalization of prostitution is conducted at a non-professional level
The lawyer of the NGO MANS, Veselin Radulović, also referred to the story of the legalization of prostitution, indicating that he is against it.
He said that in Montenegro, the discussion on the legalization of prostitution is conducted at a non-professional level.
Radulović also pointed to criminal acts in that area that are committed against women in an organized manner, which, as he assessed, is a major social problem.
"Courts in Montenegro, even when there is a lot of will, cannot process these cases to the end," he said.
According to Radulović, the problem is not only the legislation, but the practice and the problem of the implementation of existing and enacted laws.
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