اللجنة المعنية بالحقوق الاقتصادية والاجتماعية والثقافية تختتم النظر في تقرير الجبل الأسود

14 November 2014

The Committee on Economic, Social and Cultural Rights today concluded its consideration of the initial report of Montenegro on how it implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Arijana Nikolic-Vucinic, Director-General for the Labour Market and Employment, Ministry of Labour and Social Welfare of Montenegro, presenting the report, said that since 2011, when the initial report was submitted, progress had been made in the area of economic, social and cultural rights in Montenegro. Montenegro had ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Reference was also made to, among others, developments in the areas of gender equality, discrimination against persons with disabilities, human trafficking, child protection, and the asylum system. Montenegro hoped that the great steps forward in the advancement of economic, social and cultural rights would be recognized.

During the interactive dialogue Committee Experts noted that civil society had not been involved in the process of preparing the report. Experts also raised and enquired about issues relating to measures taken in tackling corruption; human trafficking; and discrimination, including discrimination against persons with disabilities and minorities. More information was asked about gender equality, the extent to which measures taken were based on the International Covenant on Economic, Social and Cultural Rights, and the appointment of judges.

In concluding remarks, Ms. Nikolic-Vucinic expressed gratitude to all members of the Committee for their time and efforts to prepare for the meeting. In the forthcoming period, Montenegro would look forward to further cooperation with the Committee and proposals on how Montenegro could improve in the area of economic, social and cultural rights. On questions that remained to be answered, these would be provided in due time.

Azzouz Kerdoun, Vice-Chairperson and Country Rapporteur for the report of Montenegro, in his concluding remarks, thanked the delegation for its kind cooperation in this fruitful dialogue on economic, social and cultural rights in the country. Efforts made to improve the situation of Montenegrins in this area were appreciated. Some issues had not been appropriately addressed. There was conviction that Montenegro would find the way and means to make things move forward for the well-being of the population.

Renato Zerbini Riberio Leao, Committee Vice-Chairperson, added his voice to the words of the Country Rapporteur and wished the delegation a safe trip back to Montenegro.
The delegation of Montenegro included representatives of the Ministry of Labour and Social Welfare, Ministry of Human and Minority Rights, Ministry of Education, Ministry of Sustainable Development and Tourism, the Supreme Court of Montenegro, the Office of the National Coordinator for Combating Trafficking in Human Beings, the Fund for the Protection and Realization of Minority Rights, and the Permanent Mission of Montenegro to the United Nations Office at Geneva, as well as interpreters.

The Committee will meet again in public on Monday, 17 November 2014, at 10 a.m., to hold a meeting with representatives of national human rights institutions and non-governmental organizations on the implementation of the provisions of the International Covenant on Economic, Social and Cultural Rights in Guatemala, Slovenia, Nepal, and Romania, whose reports will be considered by the Committee next week.


The Report

The Committee is considering the initial report of Montenegro (E/C.12/MNE/1).

Presentation of the Report

ARIJANA NIKOLIC-VUCINIC, Director-General for the Labour Market and Employment, Ministry of Labour and Social Welfare of Montenegro, said that since 2011, when the initial report was submitted, progress had been made in the area of economic, social and cultural rights in Montenegro. Montenegro had ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The law on the prohibition of discrimination against persons with disabilities was being drafted. Amendments to the law on gender equality would align with the law on the prohibition of discrimination.

Corruption cases had priority and were addressed in line with various laws and internationally ratified treaties. There were special divisions for tackling corruption and terrorism. The recently amended law on spatial planning and construction of buildings regulated, among others, conditions for unrestricted access by persons with disabilities. This year, a Bureau for Social and Child Protection had been set up, and social inspections would also be started. Amendments had also been made with regards to the concept of labour rights in the labour law.

The asylum system was implemented by adoption of the law on asylum which became valid in 2006. It aimed to improve the quality of stay of asylum seekers in Montenegro. Through the regional housing programme, the plan was to provide funds for solving issues for 6,063 persons. Children with special needs attended regular schools while those with moderate and severe disabilities attended special classes in seven schools.

Trafficking in persons in Montenegro was not a big problem, but more of a case by case situation. Montenegro’s strategic orientation on fighting human trafficking was based on a multi-disciplinary one. In 2012, a new strategy for combatting human trafficking for the period 2012-2018 had been adopted. A law had also been adopted amending the Criminal Code for better success in combating human trafficking. Two new criminal offences had been introduced, namely trading in human parts and advertising the trade in human parts.

It was hoped that it would be recognized that Montenegro had made great steps forward in the advancement of economic, social and cultural rights.

Questions by Experts

AZZOUZ KERDOUN, Vice-Chairperson and Country Rapporteur for the report of Montenegro, noted the different titles of the members of the delegation, many of whom had specific human rights mandates. This gave an idea of the importance attached to the issues being addressed. Unfortunately, civil society had not been involved in the process of developing the report. The report provided additional important information and a number of figures on domestic violence, sexual violence, trafficking in persons, and differences of wages between men and women, among others. All of the information provided was varying in quality and value. So far, Montenegro did not have a national human rights commission in compliance with the Paris Principles.

Corruption was widespread in practically all sectors, including the healthcare sector as well as in education, and even among police officers. How did corruption really affect the development of society and its enjoyment of economic, social and cultural rights? What steps were being taken to tackle this? There had been information of intimidation of journalists combating corruption. To what extent were persons working against corruption protected? It would be interesting to know what particular kinds of corruption cases had been considered.

Another problem was discrimination. How was this discrimination exhibited and were measures being taken to eliminate discrimination, including against persons transiting through the country? Could statistics with regards to complaints made on discrimination grounds be provided? An Expert noted that since independence a large number of international treaties had been ratified but not the Convention on the Rights of Migrant Workers. What were the particular obstacles and views on this Convention?

An Expert said he had found reference to the law on the prohibition of discrimination and amendments to the law on discrimination. Was there a framework law that took all the grounds of discrimination indicated in the International Covenant on Economic, Social and Cultural Rights? What would be the content of the proposed amendments to the law on gender equality?

What were the obstacles facing the Decade for Roma Inclusion? Why had the decade not had the impact envisaged? What could be done to overcome these obstacles now, under the European Union framework?

Another Expert enquired whether there were corruption cases against senior Government officials. Could further information be given on the independence of the judiciary?

A series of measures and laws had been mentioned, but it had not been explained how these were based on the International Covenant on Economic, Social and Cultural Rights, noted an Expert.

AZZOUZ KERDOUN, Vice-Chairperson and Country Rapporteur for the report of Montenegro, said that there was a problem regarding refugees and discrimination in Montenegro and that there was no specific programme for the protection of refugees. Was there an intention to set up such a programme? There were still obstacles to women’s enjoyment of their rights, particularly in the social sphere. Was the Government taking measures to remove these obstacles?

Response by the Delegation

Responding to these questions and comments, the delegation of Montenegro said preventive measures had been taken by the judiciary to suppress corruption amongst its ranks, including an office for reporting these cases which had been opened and publicly promoted by the Chief of Justice and the President of the Judicial Council. All citizens could personally or anonymously report corruption by a judge or other court official. Criminal proceedings against a judge of the High Court had been made, the result of which was that the judge was convicted of bribery and sentenced to seven years in prison. A code of judicial ethics had been adopted, fully harmonized with international and European standards. The Constitution guaranteed independence and autonomy of the judicial function. Judges were appointed exclusively by the Judicial Council. The law on courts and the law on the Judicial Council were being amended to strengthen the impartiality and accountability of judges.

On measures taken to suppress corruption and organized crime, special departments had been set up. In the two higher courts of Montenegro, specialized departments had been set up, in charge of the most serious cases of corruption, with provision of all possible human and technical resources. The problem was that those kinds of criminal offences were hard to prove. Continuous training both for police officers, prosecutors and judges was being provided. Education had its own section with activities and measures on corruption, including the setting up of a hotline to report corruption. Campaigns were launched to hand out information material explaining to parents the problems that children could face in the education process.

On the effects of international bilateral agreements, Montenegro had been a recipient of economic and social assistance until 2003 in the form of grants provided by the United States. Since 2002 the World Bank and the European Union had become involved through different projects. The Euro had been introduced, which had stabilized the economy. Montenegro was a member of the Central European Free Trade Agreement. It had also become a member of the World Trade Organization in 2012.

Montenegro had been recognized as a regional hub, in terms of migration. Most of those were migrant workers from the region working in seasonal jobs. There was a quota for work permits set each year by the Government. In 2012 there were 19,000 such workers, 20,000 in 2012, and 22,000 in 2013.

Budget austerity measures could not obstruct the development of human rights. A crisis text had been introduced, for salary levels above certain thresholds, to tax persons earning higher wages than average.

In 1999 Montenegro had started important and comprehensive cooperation on the issue of refugees and internally displaced persons at the local and international levels. Legal status was of primary importance. The Government had adopted a decision to extend the deadline for filing requests by foreigners to receive permanent or temporary residence. Regarding accommodation, this was also one of the key elements for local integration. There were projects in the development of housing in Konik and to create good living conditions. Voluntary return for 12 families, or 57 persons, to Kosovo had been organized in cooperation with the United Nations High Commissioner for Refugees in September 2014 and this had been funded by the European Union.

Continuous measures in the area of spatial development had created an enabling space for business development. A one-stop-shop model for requests for construction permits had been introduced.

Montenegro fully respected the rights of minorities, who were integrated in society. Montenegro had been involved in the process of integrating Roma even before the Decade for Roma Inclusion and the results were quite visible, even if the desired results had not quite been achieved. There was a much higher number of Roma children integrated into the education system, and reduced numbers of Roma girls dropping out. Minority councils existed, including a Roma Council and the Roma were involved in civic political parties. Efforts were underway to stimulate the employment of Roma and Egyptians.

Questions by Experts

An Expert wished to know how the minimum wage was calculated and whether it was enough to meet the basic needs. If not, was there an intention to increase it? It was noted that there was a relatively high rate of unemployment. Were measures to address this effective? Could figures on unemployment for 2013 and 2014 and figures for youth unemployment over the last five years be provided, asked an Expert?

What was the population of disabled persons in Montenegro, as a proportion of the entire population? What measures, other than very few wage subsidies, did the Government use to ensure the right to work and employment of persons with disabilities? Was there a system of quotas for hiring disabled persons and if so, did they apply to public and private enterprises? Labour inspection would be an important instrument in the hands of the Government. It would be interesting to know whether labour inspection had enough personal and financial resources. Was there any up to date and disaggregated data on poverty rates in the population, asked an Expert? What were the figures on the prevalence of child poverty?

Another Expert asked whether sexual and reproductive health education was still optional at the secondary school level. What was the prevalence of people using contraceptives, disaggregated by men and women?

With regards to housing and homeless persons, what remedial action was planned, especially with winter looming ahead, asked an Expert? The Law on Social Housing of 2013 was supposed to secure adequate housing for persons unable to do so on their own. Was it being implemented and if so how many had or would benefit from it? In addition to the Konik camp, there were other camps which had to be taken care of.


Concerning assistance to the family, there was a problem of early marriage, especially in the north and among Roma and Egyptians. An Expert enquired as to whether any measures were being taken to eliminate early marriage, which had implications in terms of jobs, health, and life chances? Was there a periodic national survey on domestic violence? Could the instances of domestic violence be encouraged by the fact that crimes did not get reported by victims and by the very lenient sanctions imposed by judges?

What was the extent of the informal sector, asked another Expert?

Response by the Delegation

The amended law on the prohibition of discrimination would be fully aligned with European and international standards and include amendments changing the concept of direct discrimination and new forms of discrimination, such as hate speech. Materials would be published to promote tolerance for the most vulnerable social groups. In a seminar organized in July 2014, experience and practice had been shared with regards to the protection of lesbian, gay, bisexual, transgender and inter-sex persons.

The administrative capacities of the Ombudsman’s office had been strengthened and applications for accreditation had been made. A report would be published by the Ombudsman every year. A provision allowed permanent immunity for persons employed in the Ombudsman’s office.

On gender equality, the Gender Equality Office was established in March 2003 and its duties included coordinating activities aimed at establishing gender equality, participating in drafting action plans, and conducting quality monitoring. Development of the Action Plan for Gender Equality had included international and global experiences. The Ombudsman last year had three complaints on discrimination and one initiative was taken on this basis.

On religious relations in Montenegro, no case or situation based on different religious affiliations could be recalled by the delegation. Although the majority religion in Montenegro was the Orthodox religion, all other religious communities enjoyed equal rights.

Follow-up Questions

AZZOUZ KERDOUN, Vice-Chairperson and Country Rapporteur for the report of Montenegro, enquired as to who trained the judiciary on the International Covenant on Economic, Social and Cultural Rights, and whether they were well-versed in the Covenant.
Who was the President of the Judicial Council that selected judges, asked another Expert.
An Expert noted that the delegation had said that Roma were well integrated. How were they integrated?

Response by the Delegation

The President of the Judicial Council was a member of the Council coming from the ranks of reputable lawyers and was elected by Parliament. The Constitution regulated judicial competencies, including rules that judges and courts were independent and autonomous; they were appointed by open competition announced by the Judicial Council. The final decision on appointment was adopted by the Judicial Council based on the law on courts and the law on the Judicial Council, which clearly regulated the appointment procedure. There were 10 members of the Judicial Council out of which four were judges and the fifth was the President of the Supreme Court. Others were the Minister of Justice, and four reputable lawyers.

Regarding Roma integration, whether someone was integrated or not was a topic that could be debated for a long time. Roma were today more integrated into Montenegrin society. There were 6,200 persons that had declared themselves to be Roma and most lived in the capital. There was now a new strategy for the integration of Roma, in which several ministries as well as non-governmental organizations were involved. The decree of integration was best reflected by education. Roma children sat alongside other children in schools. The Government provided free textbooks for all Roma children, with the aim for them to continue their education. Roma had many non-governmental organizations which were more active every day.

The minimum wage was determined by official data by the Statistical Office of Montenegro. The amount itself was determined by the Government every six months, based on the proposal of the Social Council of Montenegro. The minimum wage had significantly increased as of April 2013, as there had been awareness that the amount of the previous minimum wage was extremely low. The rate of unemployment in 2013 was 19.6 percent and in 2014 so far was 18.6 per cent. The youth unemployment rate in 2014 was at 32.5 per cent. The Government was trying to provide incentives for the employment of young people. A law had been adopted on professional training of persons with university degrees, ensuring that they had an opportunity of practical experience of nine months. Incentives for employers had also been developed. Quotas were set with regards to the employment of persons with disabilities. An employer employing a person with disability was entitled to subsidies.

The negative impact of informal employment in Montenegro was recognized. A survey had been conducted and based on the results, it was concluded that it was present primarily in the private sector. The issue had to be a priority and that was why a contract had been signed with the United Nations Development Programme to implement a project this year. It would survey the market again and produce concrete answers as to how and what the Government should do in order to reduce the informal economy. The goal was not to fire persons from the informal sector but to transfer them to the formal sector.

Follow-up Questions

Regarding youth unemployment and training for those with degrees, what were they trained in, asked an Expert? Should children aged 15 years not be in school? Many countries had an official unemployment rate and then a real rate of unemployment, and there often were discrepancies.

On union rights for members of the military and the police, according to the law they were restricted from forming trade unions. Could the delegation talk about those limitations?

Response by the Delegation

Applications of persons with university degrees were matched to potential employers. After each month, the employers had to fill in a form and report to the Government on what the specific employees had done. The Government was paying these employees, not the employers.

One rate of unemployment was published by the Unemployment Agency, at around 14 per cent, based on persons registered at the Agency. Rates mentioned earlier were those published by the Statistical Office, on a quarterly basis.

On trade union rights, members of the military and the police were allowed to form and become members of trade unions. The Constitution stipulated that members of police and State bodies were entitled to strike, though this could be limited for the protection of public interest.

Questions by Experts

An Expert noted that the Government was preparing a new law on the status of religious communities. Could there be an update on this proposed new law? What was the situation between the various religious communities?

On education and school drop-outs, in the list of issues the Committee had asked to be provided with statistical information on school dropout rates at various levels of education, recalled an Expert. This data was very important. Could this be provided in the dialogue? What was being done to ensure education for persons with disabilities? Did they receive the necessary psycho-social support?

Another Expert enquired as to whether there were specific criteria in the Government for defining national linguistic minorities. Were there more recent statistics on the use of languages in the country? Given the large number of minorities in the country, it was important that the Fund for Minorities worked well. Could more information be given about that?
AZZOUZ KERDOUN, Vice-Chairperson and Country Rapporteur for the report of Montenegro, said it appeared that according to some non-governmental organizations’ parallel reports, a small part of the budget was set aside for scientific development and promotion and protection of cultural rights. What was the proportion of the budget set aside?
Response by the Delegation

In 2013 a new law on social and child care had been adopted, which clearly regulated the amount of social benefits and defined persons that could enjoy these. Benefits could be enjoyed by citizens as well as by foreign permanent or temporary residents.

At the moment, there were 32 labour inspectors out of which 23 were lawyers. Labour inspections supervised many companies both public and private and the current number of inspectors was not sufficient.

On homelessness, a by-law had been adopted on the minimum standard of services in shelters. Shelters were only a temporary urgent solution and a number of measures were being taken that should contribute to improvement and strengthening of capacities of beneficiaries of those shelters to take control of their lives, including through training programmes and assistance for finding jobs. The law on social housing had recently been adopted and some time was still needed to determine its impact.

Montenegro had established a working group which was to draft a special law on non-discrimination against persons with disabilities, in which there would be provisions for sanctions. Non-governmental organizations had been represented in all working groups related to drafting of any documents in areas related to persons with disabilities. The most significant progress had been the adoption of several laws. It was often said that many laws were adopted but not implemented. However, the fact was that although these laws were recently adopted they were already being amended which proved that Montenegro was truly trying to correct deficiencies. There were public awareness campaigns and training in areas such as education, health, and social protection. The awareness of persons with disabilities of their own rights had improved. A number of rights within social protection enabled support for schooling children with disabilities. All departments related to persons with disabilities had a database. Great attention had been paid to non-discrimination against persons with disabilities in the areas of education, employment, healthcare, sports, recreation and leisure activities.

Regarding the registry of new-born babies born outside of medical facilities, one goal was aimed at improving the situation of registration of Roma and Egyptian populations, which had been established as target groups. The United Nations High Commissioner for Refugees had submitted a list of data on persons that were not entered into any registry. Officials of the Ministry of Interior were in direct contact with citizens and informing them on how to solve the issue of registering their children.

On selective abortions, the Government had a set of regulations and provisions in relation to the selection of gender, but it was not known whether there was any supervision of medical facilities.

Follow-up Questions

An Expert said that in Korea, there was a very high sex imbalance. The Government had come up with legislation that prohibited doctors revealing the sex of the foetus until 24 weeks, but doctors would still tell the parents indirectly. Additional measures were needed.

The delegation was asked by an Expert to provide hard data on the prevalence of child poverty, disaggregated by year, region, and the same for general poverty.

Response by Delegation

On questions relating to health, the best way to answer the questions would be to deliver them in writing by the deadline agreed by the Chair.

Regarding poverty and statistics, a publication would be sent out tonight including all comprehensive data relating to child poverty and poverty in general.

On whether sexual and reproductive health was regular subjects within the educational process, or were just elective subjects, there was a subject called healthy life. In primary schools, some 40 per cent of pupils chose this selective subject. Once chosen, it became a mandatory subject. In primary and secondary schools, five hours per week were devoted to elective subjects. In most cases, students were only allowed to choose two elective subjects. There had been a revision of mandatory subjects. At the secondary school level, through the mandatory subject of biology, the sexual and reproductive health topic had been introduced. They were also addressed in psychology and sociology. Topics related to lesbian, gay, bisexual and transgender persons had also been introduced to the subjects of civic education, biology, psychology and sociology.

Family violence and violence against women was a social problem that all countries had to address. By the end of the year, research would be presented on the perception of domestic violence.

Regarding early marriages, the Gender Equality Department had for years been organizing a number of activities addressing the issue of preventing early and forced marriages with special focus on Roma and Egyptians. The Department had organized a two-day seminar for representatives of the Police Department, judges and social workers working on this issue, among others. Significant contributions were made by schools which were directly monitoring attendance in schools and speaking with the parents of young girls. The Criminal Code had been amended in terms of defining human trafficking. A form of exploitation resulting from human trafficking was early and arranged forced marriage. Training for law enforcement officials was undertaken, for them to properly apply the law.

On the law on legalization of informal settlements, application for legalization could be submitted by all citizens if they were the owners or part-owners of these informal buildings. It was believed that persons should be relieved from paying fees for legalization, but the draft was in Parliament and some amendments were being negotiated. It would then be known how these settlements would be legalized.

The Constitution stipulated that religious communities were equal and free in providing religious services and activities. There were also general guarantees to freedom of religious expression in law. The relations between religions in Montenegro were balanced and equal.

Research showed that only a small percentage of children with special needs had had difficulties in accessing education, most of these with serious disabilities, and this would be addressed. There was no mechanism to study children that had dropped out but that had managed to complete their education through extraordinary procedures. An action plan to improve the Programme for International Student Assessment results had been developed, and subjects and curricula would be revised.

On the position of minorities, the law on Minority Rights and Freedoms was regulating the issue. Education in the Albanian language had been secured and there were private media stations broadcasting in Albanian. The Centre for the Preservation of Minority Causes was carrying out surveys and creating databases on all aspects of minority lives. The Fund for Minority Rights promoted activities aimed at preserving and promoting minority diversity. Every registered Minority Council had a representative on the Board of the Fund.

Regarding how much of the budget was being allocated to science, in 2013 it was 0.50 per cent of Gross Domestic Product. In 2014, it was 4.7 million Euros. By 2016, it was planned for 1.4 per cent of total Gross Domestic Product to be allocated.

Follow-up Questions

AZZOUZ KERDOUN, Vice-Chairperson and Country Rapporteur for the report of Montenegro, said some significant issues had not been covered by the Committee. It appeared, according to non-governmental organizations, that pressure was exerted against trade unionists. Was this true? It was reported that children were forced into child labour. Could this be commented on?

Response by the Delegation

With regards to child labour, child beggars had been recognized as a vulnerable group of the population affected by human trafficking; research was being carried and had helped define specific activities in this regard. The problem of child beggars was particular present in the coastal regions. A number of activities had been carried out to intensify identification of victims of human trafficking and to develop indicators. It was important to point out that the Government had a clearly defined strategy for combating human trafficking, implemented through cooperation agreements signed in this area between different institutions.
Freedom of association was constitutionally guaranteed. Nobody could be forced to be a member of any association or union. Employees and employers had the right to, without private approval, form and join associations.

Concluding Remarks

ARIJANA NIKOLIC-VUCINIC, Director-General for the Labour Market and Employment, Ministry of Labour and Social Welfare, in concluding remarks, expressed gratitude to all members of the Committee for their time and efforts to prepare for the meeting. In the forthcoming period, Montenegro would look forward to further cooperation with the Committee and proposals on how Montenegro could improve in this area of rights. On questions that remained to be answered, these would be provided in due time.

AZZOUZ KERDOUN, Vice-Chairperson and Country Rapporteur for the report of Montenegro, in concluding remarks, thanked the delegation for its kind cooperation in this fruitful dialogue on economic, social and cultural rights in Montenegro. Careful note was taken of written information and detailed oral answers given on a great number of issues on rights included in the Covenant. Efforts made to improve the situation of Montenegrins in this area were appreciated. A number of significant initiatives had been undertaken, including in the fight against corruption, against poverty, discrimination and unemployment, housing for vulnerable persons, and independence of the judiciary, among others. Some issues had not been appropriately addressed. Montenegro was planning strategies, periodic plans and programmes which were interesting, but these sadly had come up against lack of financial means for implementation. There was no direct impact and rapid effect on members of the population. Efforts made through the adoption of laws and the amendment of existing laws were reassuring. There was conviction that Montenegro would find the way and means to make things move forward for the well-being of the population.

RENATO ZERBINI RIBEIRO LEAO, Vice-Chairperson, added his voice to the words of the Country Rapporteur and wished the delegation a safe trip back to Montenegro.

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