The most vulnerable groups in society, including Roma and Egyptians, people with disabilities, LGBTIQ people, are still exposed to discrimination, hate speech and hate crimes, according to the annual report of the European Commission (EC) for Montenegro.
Violence against children and women is a concern, and people with disabilities are still unable to exercise their rights, the EC document states.
The EC notes that last year Montenegro adopted the National Plan for the implementation of the Istanbul Convention for the period 2023 to 2027, that amendments to the Criminal Code were also adopted and that sexual harassment and "violence in the family or family community" were defined as new criminal acts, but also that no changes were made, among other things, in relation to femicide.
Since 2017, 17 women in Montenegro have lost their lives to intimate partners and relatives, while the youngest victim of femicide was only 18 years old, it was announced today at the conference "Gender-based violence and justice", organized by the United Nations Development Program (UNDP) in Montenegro and the Supreme State Prosecutor's Office (VDT).
In the chapter on domestic violence, the EC states that centers for crisis cases related to rape and/or referral of victims of sexual violence have not yet been established, and that there is a lack of adequate resources to provide psychosocial support to children affected by violence.
"Protective measures must be available for the immediate protection of all victims of domestic violence, as well as access to free legal aid for all victims," the EC states. It is also added that there must be active measures to inform victims of violence about these rights.
In terms of the penal policy, the report states that in 2023, fines were the most common misdemeanor penalties (29%), and that 20 percent of the reports ended with acquittal.
"Prison sentences were imposed in only about 10 percent of all cases, restraining orders in 18 percent, and eviction of the perpetrators from the apartment in only eight percent of completed procedures. Available emergency measures to protect victims during the procedure are rarely used. As much as 80 percent of misdemeanor proceedings last up to six months," the document states.
The EC notes that the legislative and institutional framework is mostly harmonized with the EU acquis and international instruments for human rights, but that challenges still exist in the effective application of the legal and institutional framework:
"Due to a weak framework of responsibility, inadequate and insufficient capacities, lack of systematic monitoring and sufficient funding, as well as lack of quality for existing laws, strategies and action plans," the document says.
Violence against children is a serious problem
The EC notes that the Council for the Rights of the Child did not meet regularly last year, that the new composition of the Council, chaired by the Deputy Prime Minister for Demography and Youth, has held only three thematic sessions since December 2023.
It is also added that the amendments to the Criminal Code brought the definition of a child into line with the recommendations of the UN Committee on the Rights of the Child, that the penal policy regarding sexual abuse of children was significantly tightened and special surveillance measures were introduced for perpetrators after release from prison. However, it is added that violence against children remains a serious problem.
"In August, Montenegro established a registry of pedophiles with currently 98 registered individuals. Access to justice for children, especially from vulnerable groups, still needs to be improved," the EC assessed.
It was assessed that child-friendly procedures are only carried out sporadically in criminal proceedings for children who are in conflict with the law, child victims and witnesses of crimes, and that children are often invisible in civil and family laws and misdemeanor proceedings.
"Amendments to the law on the treatment of minors in criminal proceedings, which should guarantee better protection of children in criminal proceedings and which define 'child' according to the Committee's recommendations, are awaiting adoption", the EC assessed and added that the new Strategy has not yet been adopted. for the prevention and protection of children from violence. The draft of the Strategy was publicly discussed this summer.
In the EC report, they indicate that the Protector of Human Rights and Freedoms received 2023 complaints in 240 regarding children's rights.
PWDs are still discriminated against
In the section on the rights of persons with disabilities (PWD), it is stated that they cannot fully exercise their rights and that they face various forms of discrimination.
The conclusion is that "no progress has been made" in that area, apart from the re-establishment of the Directorate for Persons with Disabilities in the Department of Human Rights and the establishment of the Council for the Rights of Persons with Disabilities.
"Montenegro should ensure the implementation of the provisions of the UN Convention on the Rights of Persons with Disabilities," the document states.
It is also indicated that Montenegro needs to adopt a draft law on a single body for disability assessment, a law on professional rehabilitation and employment of the disabled...
The EC, in the draft report, states that the National Council for the Rights of Persons with Disabilities "is still unable to perform its functions", that the recommendations of the UN Committee for Rights of Persons with Disabilities from 2017 have not been fulfilled.
"Especially in connection with the necessary reform of guardianship and decision-making on behalf of persons with disabilities. Montenegro has not adopted an action plan for the implementation of the Committee's recommendations. Some definitions of disability in Montenegrin legislation use pejorative terminology," the document states, adding that Montenegro has not yet adopted a strategy for deinstitutionalization...
In September, the Government adopted the Reform Agenda, which was approved by the EC, and according to which, by the end of 2025 at the latest, Montenegro should adopt a new Law on Social and Child Protection, change the regulations and norms for determining disability and establish a new institution, the Institute for Assessment disability, in order to eliminate abuses in the system of social and disability protection, direct these categories to the labor market, and so that people who have a real disability and the need for social assistance receive better support and protection from the state.
Roma children do not have access to basic services
The EC assesses that the level of discrimination against Roma is still high.
"As of October 2023, the Capital City Assembly has a Roma councilor for the first time... School attendance among the Roma population is very low. The consistently poor quality of education has a negative impact on learning outcomes and the transition to higher levels of education," the report states. The practice of arranged child marriages in Roma communities continues to cause concern.
"Roma children continue to face significant obstacles and inequalities in accessing basic services such as health care, nutrition and housing. A significant number of Roma are employed in the informal economy... The state hires and pays Roma education mediators and Roma mediators in the field of employment, social and health care," the document states.
When it comes to the displaced and internally displaced, it was emphasized that Montenegro has yet to adopt amendments to the Law on Aliens, in order to strengthen the procedure for determining statelessness, both in terms of procedural guarantees and rights in the procedure, and in terms of recognizing stateless status.
"From November 7, 2009 to March 31, 2024, there were 15.274 requests for permanent or temporary residence, of which 15.172 were resolved, and 102 are in the process. A total of 12.422 persons were granted permanent or temporary residence for up to three years, 297 requests were rejected, and 2.453 cases were suspended due to incomplete documentation. From the entry into force of the Law on Aliens from 2018 until April 2024, 10 persons have been recognized as stateless, out of a total of 29 who have applied," the EC document states.
Bonus video:
