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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Montenegro – 15th Session – 2012 Scroll to: National Report (Read about the first cycle review) 4. The Ministry of Justice and Human Rights (MJ&HR) and the Ministry for Minority Rights (MMR) are the key ministries responsible for developing and implementing the policy for protection of human rights.Montenegroestablished several working bodies with the authority to monitor the implementation of the policies for protection and exercising of human rights: Children Rights Council, Council for Persons with Disabilities, Anti-Discrimination Council, Task Force for Developing the Strategy and Action Plan for Combating Homophobia and Commission for Monitoring the Action Plan for Prevention of Torture. These bodies are not only in charge of monitoring the policies and implementation of strategic documents but also for monitoring the implementation of UN conventions and recommendations of treaty bodies. 7. In the period 2008-2012, Montenegro, inter alia, became a member to the following treaties: 8. Montenegro signed the Optional Protocol to ICESCR and Optional Protocol to CRC on Communication Procedures. The procedure of ratification of the Convention on Preventing and Combating Violence against Women and Domestic Violence is in progress. 10. Reporting before appropriate human rights treaty bodies, with some delays in the initial stage, is mostly regular and in line with the reporting guidelines. In the period between two cyclesMontenegroprepared the following: ICCPR Initial Report, ICESCR Initial Report, CEDAW Initial Report, CERD II and III Periodic Report, CRC Initial Report with the reports for both Protocols, and the Common Core Document. 19. Amendments to the regulatory framework improved conditions for the exercise and protection of rights of persons with disabilities in accordance with provisions of ICRPD. The new or amended laws were adopted in the following fields: occupational rehabilitation and employment; prohibition of discrimination; travel benefits; movement with the assistance of service dog; employment and exercise of rights arising from unemployment insurance; and education of children with special learning needs. The Council for the Care of Persons with Disabilities, set up in March 2012, monitors the implementation of new legislative framework and improvement of institutional set-up. The Council is tasked with the following: protection and advancement of the rights of persons with disabilities in the fields of social and health care, education, in-service training and employment; initiating adoption of regulations for development and advancement of their rights; proposal of measures for improving the quality of life; informing the public about rights, opportunities and needs for the purpose of eliminating prejudice and barriers faced by these persons, as well as the exercise of any other rights that are relevant for their status. 21. The Action Plan 2012-2013 has been adopted, with the objective to engage all the resources in the country working on the protection and improvement of the position of persons with disabilities, including children, as well as to ensure implementation of the CRPD standards, depending on the available capacities of the country, but also of the NGO sector. 22. Definition of minorities, contained in the Law on Minority Rights and Freedoms (LMRF), ensures full protection against discrimination. Definition of discrimination in the Law on Prohibition of Discrimination includes, inter alia, national affiliation, social or ethnic background, affiliation to a minority nation or minority national community, language, religion or belief. Constitutional guarantees (Article 79) are separately elaborated in a number of laws regulating mechanisms for the exercise of special rights, such as the laws governing: labour; employment; social and child protection; health care; registers; ID card; travel documents; local governance; and culture; as well as a set of laws in the fields of information and education. The measures defined in strategic documents were implemented in the reporting period, while newly established institutions whose competences were laid down in regulations were functional as well. 27. Inclusion of Roma – The implementation of the Strategy for Improvement of the Status of RAE has been continued. Data base on RAE was created; a educational workshops and campaigns were organised.; textbooks and scholarships were provided; a list of children refugees who are not included in the education system was compiled; programmes for basic functional literacy were implemented; programmes aimed at employing were implemented (according to the 2011 population census, employment rate among Roma amounts to merely 13.4%); a number of housing facilities was built; financial assistance for resolving the issues involving identity documents was provided; Roma Radio Station was set up; the first magazine and book in Romani were published, while the most important pieces of legislation were translated into Romani. 28. Challenges concerning full inclusion of Roma still remain; however, progress has been made in terms of visibility of this community in the society. Significant efforts at all levels have been recognized and some indicators suggest that there has been improvement. Intensive activities are expected in terms of addressing the issues that predominantly involve legal status, employment and social protection. Progress is evident in the field of education, but a considerable number of Roma is still not in the system. The concept of social support produces relatively poor results, partly due to the established prejudiced views and marginalisation. Considerable efforts are invested, particularly by the Roma Council and NGOs, to draw attention to their status and to emphasize the need of their further involvement in social developments. Government adopted the Strategy 2012-2016 and the 2012 Action Plan. 29. RAE data base – In cooperation with the Roma Council and NGOs, the Statistical Office conducted the first survey in 2008 and created RAE data base containing: total number, sex and age structures, coverage of children by education, illiteracy rate, employment, change of the place of residence, number and structure of households. According to the 2011 population census, the share of Roma community in total population amounts to 1.01%. High birth rate was recorded which, combined with high death rate, makes RAE the youngest community. The census data reveal that pre-school children account for 19.9% of total population, while there are 24.9% school age children. Elementary education included 62.5% of RE, 5.5% being secondary school age children. Further analysis of the level of education shows that, among the population aged 15 years and over, 41% hold no qualifications whatsoever, 31.1% have not completed elementary school, 19.5% have elementary school qualifications, 4% hold secondary school qualifications and 0.8% of the entire population holds university degree. Illiteracy rate among Roma amounts to 26.4%. 30. Inclusion of Roma and Egyptians in educational system – The programmes for inclusion of RE children have been implemented continuously at all the levels of education. Visible progress has been made and the challenges involving their full social inclusion have been identified. The rate of coverage of RE children by pre-school education amounts to 13.81% and their number in elementary schools has been constantly on the rise. Compared to 2001/2002, the number of pupils in 2011/2012 almost tripled, from 536 to 1,582 pupils. Student volunteer programme is implemented with the view to improving achievement and integration of pupils. Since 2008/2009, RE children have been enrolled in city schools in order to eliminate segregation in education. RE pupils are enrolled in secondary schools mainly following the affirmative action principle. Adult education and elementary school curricula are implemented in accordance with education programmes. The project Step by Step – a CHANGE was implemented with the aim of understanding the role of parents in upbringing and education of children. The project Support to the Full Process of Social Inclusion is currently implemented. Its targets include: improvement of data collection and use mechanisms; development of the preparatory kindergarten model; definition of the way to engage RE assistants and identify financial resources for them, and prevention of school dropout in 6 pilot schools. 31. Activities concerning monitoring of pupil achievement and dropout prevention will have to be intensified in the forthcoming period. Challenges and potential ways to overcome the problems are the following: preparatory programmes for elementary schools and specialised psychosocial support programme for children; mechanism for continuous monitoring of school attendance and quality control of knowledge; greater inclusion in city schools; support from teaching assistants and volunteers; and programmes for working with parents concerning continuation of education of their children. 39. DPs from former Yugoslav republics can acquire Montenegrin citizenship by naturalisation, in accordance with the established procedure. To avoid situations in which citizens of the ex-Yu republics who have residence in Montenegro are left without Montenegrin citizenship, according to regulations the persons who registered their residence in Montenegro prior to 3 June 2006 may acquire Montenegrin citizenship by naturalisation if they do not hold the citizenship of another state or if they have the proof of discharge from the citizenship of another state (provided that they meet other requirements set by the law). Exceptionally, citizens of these republics who registered their residence in Montenegro at least two years before 3 June 2006 and whose ID was issued on the basis of the law which was in force at that time may acquire Montenegrin citizenship by naturalisation without the proof of discharge from the citizenship of another country (if they meet general requirements set by this law) unless they have cancelled their registration of residence in Montenegro by the time of filing the application. The law says that children of the person who acquired citizenship in this way are entitled to the Montenegrin citizenship. Thus, there is the possibility of dual citizenship for this category of persons. 40. As for subsequent registration of birth of children who were not born in health care institutions, the Coordinating Committee launched initiative for this issue to be considered in potential amendments to the Law on Non-Contentious Procedure which would create legal basis for these persons to be registered in the birth register subsequently, in accordance with court decisions rendered in non-contentious procedure. This is also supported by the fact that some states resolved this issue by conducting non-contentious procedure. 41. The working group tasked to facilitate obtaining of the documents within the Regional Process concluded that persons born in ex-Yu republics cannot become stateless since citizenship may be acquired by origin, while children may acquire citizenship, regardless of the republic (now the state) of birth through parents` citizenship. DPs/IDPs may file application for the issuance of documents with the competent authority of their state or with diplomatic and consular missions of the countries of origin. Due to their social and economic status, in the procedure of acquiring Montenegrin citizenship RAE are not required to submit any proof of having accommodation and regular source of income. They only have to submit the statement issued by the National RAE Council to that effect, which is in line with the affirmative action principle. 43. The Committee on the Rights of the Child adopted in 2010 the Report forMontenegrowith a set of recommendations. On that basis,Montenegroadopted the Law on the Treatment of Juveniles in Criminal Procedure, prepared the draft Law on Social and Child Care and activities to create comprehensive database for child protection and began preparations for the National Action Plan for Children. It has been recognized that there is the need to intensify efforts in the following areas: more efficient implementation of laws and increasing the amount of budget funds allocated for social and child protection, health care and education; empowerment of the Council for the Rights of the Child, strengthening the role of the Deputy Ombudsman for the Rights of the Child; strengthening and transformation of the social service system. The process that has been initiated creates conditions for continuous improvement of the rights of the child and fulfillment of CRC recommendations. In the process of developing this report certain fields of the rights of the child were particularly considered. Activities in these fields will be intensified and the progress will be evaluated. 44. Establishment of the foster care system - The existing practice concerning protection of children and the youth without parental care is largely based on their placement in institutions or with their relatives. Fostering, as a form of care for children without parental care, is not sufficiently promoted. In order to create safe environment for every child and raise standards of the protection of the rights of the child, the Government adopted the Foster Care Development Strategy with the Action Plan 2012-2016. The following are strategic courses of action: reform of the system for protecting children without parental care and development of foster care as a less restrictive form of protection; building the system of quality of the protection of children without parental care and improvement of foster care; setting up an efficient system for foster care funding. 45. Intensive promotion of foster care will be launched before the end of 2012. The following are main challenges and goals: establishment of non-kinship foster care, urgent care for children so as to avoid placement of children in institutions; in-service training, conducting supervision and inter-vision; creating database of children and foster parents; and cooperation with the NGOs in the process involving encouragement and development of foster care. 46. Children with disabilities – Even though legislative framework is mainly harmonised with international standards, it is necessary to invest further efforts to ensure full implementation of the ICRPD, particularly in terms of equal access of children with disabilities to all health care, education and social services. Social distance from and stigma towards children with disabilities remain despite positive results achieved in the campaign It`s About Ability which aims at raising awareness and change attitudes and behaviour towards children with disabilities. Placement in institutions for an extended period of time still exists. Removal from institutions is crucial and the Government is committed to development of the services for vulnerable children that will meet their individual needs. Despite an increasing number of day care centres, services at local level still have not been sufficiently developed to be able to provide adequate support to children and families and to prevent further placement in institutions. Significant steps have been taken in the field of inclusive education and the tendency is to mainstream these children in educational system. Special institutions are transformed into resource centres for children with disabilities; new programmes for different types of disabilities are prepared; activities are undertaken to move these children from special classes and integrate them in regular classes. The following challenges have been identified: inter-sectorial, horizontal and vertical flow of information; staff and space limitations; education of school staff, engagement of teaching assistants and provision of funding for them. Improvement of the position of children with disabilities will be possible and more visible due to the new mechanisms in the Law on Social and Child Care and response of the GoM to the key challenges with regard to: creating the database and records of the children with disabilities at local and national levels; networking health care, social care and education sectors with the view to introducing mechanisms and services for early detection, rehabilitation and care, monitoring the exercise of rights of these children; increasing financial benefits for advanced home care, disability allowance and child allowance; adjustments to the infrastructure of facilities, and staff capacity building and continuous education. 47. Protection of the rights of the child concerning privacy in the media – This issue is regulated in detail by the Law on Electronic Media in accordance with the AVM Directive. The law lays down a prohibition of publishing information that reveal identity of minors, who have been involved in cases related to any form of violence, as witnesses, victims or offenders, as well as the prohibition of disclosing details concerning family relationships and private life of children. This prohibition also applies to electronic media. 48. Given the fact that there are individual cases involving violations of the rights of the child in the media, it has been recognised that standards of the CRC need to be at the highest possible level and that they need to be achieved by the media in Montenegro, serving exclusively the best interest of the child. Pursuant to the Journalists` Code of Ethics and the Guide on the Principles for Reporting the Issues involving Children (International Federation of Journalists), media are obliged to act in accordance with the principles of this Convention. With the view to eliminating any form of abuse, further efforts will be invested in achieving the highest ethical and professional standards by the media in regard to the children`s rights and their presence in the media (publishing pictures that are harmful to the children, sensational presentations, unauthorised shooting and interviewing etc.). For instance, schools have been suggested to obtain approval from parents or to keep records of children whose photos may not be taken, who may not be shot or interviewed, and also to agree with the media on the manner of reporting etc. 51. A number of measures has been implemented in the field of prevention and combating human trafficking: the adoption of the appropriate Code aimed at ensuring and reinforcing the commitment of tourism companies to combat trafficking in children; through signing and implementation of the agreement on cooperation of the Government and NGOs with the focus on treatment of women and children victims of trafficking; through introducing teacher training programme; and introduction of SOS lines. 58. Protection of children from domestic violence – Complying with the CRC recommendations GoM adopted the Strategy for Protection from Domestic Violence (2011-2015). In March 2012, with the support of the CoE, GoM started the national campaign „One in Five“. Civil sector occasionally launches campaigns as well. Challenges and goals of the efficient protection of children from domestic violence have been identified. It is necessary to improve records on domestic violence against children, strengthen the capacities of experts in various fields for working with children and families at risk, establish temporary shelters for victims, stipulate standards of work and quality of services, ensure monitoring and efficient implementation of laws and the Strategy, and in particular of the protection measures defined in the law; etc. In this respect Montenegro has recognized the need: to establish a mechanism for monitoring the number of cases and scope of abuse, neglect and maltreatment; to ensure that professionals who work for and with children, are trained to proceed appropriately in case of doubt that a child is abused or neglected; and to strengthen psychological support through developing of services for the children victims of abuse and neglect. 3. In 2010, the Committee on the Rights of the Child (CRC) recommended the harmonization of the legislation ofMontenegrowith CRC. CRC also recommended that Montenegro adopt a clear provision on the definition of the child, integrate the principle of the best interests of the child in all legal provisions and implement it in judicial and administrative decisions and programmes with an impact on children; bring the Criminal Code into compliance with OP-CRC-SC; and consider introducing a specific prohibition with respect to the sale of arms, including small and light weapons when the final destination is a country where children are known to be, or may potentially be recruited or used in hostilities. 6. CRC recommended thatMontenegroreinforce the role of the Council of Child Rights and adopt a new National Plan of Action for Children. 10. While noting the efforts undertaken byMontenegroto counter discrimination, CRC was concerned at the de facto discrimination against children of minority groups, refugee children and children with disabilities, in particular with regard to access to education, health care and housing. It recommended thatMontenegroundertake public education campaigns to prevent and combat negative attitudes based on sex, age, race, nationality, ethnicity, religion and disability. CERD encouragedMontenegroto strengthen its efforts to promote inter-ethnic harmony and tolerance among the public. 11. In 2012, CEDAW was concerned at multiple forms of discrimination against Roma, Ashkali and Egyptian (RAE) women, the lack of birth registration or proof of such registration of many local and displaced/refugee RAE women placing them and their children at a risk of statelessness. CEDAW was concerned at the lack of basic services and infrastructure in the RAE refugee camps in Konik. It also noted with concern that displaced/refugee women faced difficulties in accessing the procedure for obtaining permanent residence status under the amended Law on Foreigners and the Strategy for Durable Solutions of Issues Regarding Displaced and Internally Displaced Persons inMontenegro(2011–2015) when they were unable to access certain documents needed to process such status. CRC raised similar concerns. 13. UNHCR recommended thatMontenegroestablish a procedure for subsequent registration of children born outside of established health facilities inMontenegroand the issuance of documentation to all persons born in its territory and ensure that the relevant procedures are simple, accessible and well publicized. CRC made similar recommendations. 15. In 2010, CRC also referred to reported allegations of children being ill-treated and/or tortured, especially in residential care institutions. CRC recommended thatMontenegroprovide all children deprived of their liberty, including children placed in institutions, with a complaints mechanism; investigate such allegations; and provide care, recovery, reintegration and compensation for victims of torture. 19. While noting the adoption of the Law on Protection from Family Violence (2010), CEDAW made recommendations to address its concerns at the high incidence of domestic and sexual violence against women and girls; underreporting; the lack of prosecutions; limited use of protection orders; lenient sentences imposed on perpetrators; the fact that marital rape was subject to private rather than ex officio prosecution; the limited support for NGOs providing assistance to women victims of violence; and the lack of research and disaggregated data on violence against women. UNHCR noted that there were no Government-run shelters available for victims of family violence and stated that such facilities should be accessible to all persons in need, including those of concern to UNHCR. UNHCR recommended that Montenegro provide and create conditions for certain measures of protection from sexual and gender-based violence, namely adequate shelter facilities for victims, psychosocial rehabilitation of the victim and mandatory psychosocial treatment of the perpetrator. Such facilities should be made available without discrimination on any grounds. 20. Montenegro was urged by CAT and CRC to adopt and implement legislation prohibiting corporal punishment in all settings, supported by necessary awareness-raising and educational campaigns. CRC also recommended thatMontenegroadopt and implement the Anti-Violence Strategy for the prevention and reduction of child abuse and neglect; and prioritize the elimination of all forms of violence against children. 21. CRC expressed concern that that there were children, especially RAE children engaged in harmful and exploitative labour, particularly in begging, and recommended that Montenegro take measures to ensure effective implementation of ILO Conventions Nos. 138 and 182, which it had ratified. CRC was also concerned at the high number of children, predominantly Roma, living and working on the streets. CRC recommended thatMontenegroelaborate programmes to prevent children from leaving families and schools and children in street situations becoming victims of trafficking and economic and sexual exploitation; ensure that children in street situations are not considered or treated as offenders; and undertake systematic prevention activities, including birth registration. 22. CRC was concerned at the rise in rates of children subjected to sexual exploitation and abuse and at the growing availability of child pornography. It recommended thatMontenegrocombat cybercrime, especially child pornography on the Internet. While noting that the trend in trafficking in persons had decreased in the last few years, CAT was concerned that it remained a considerable problem for women. CEDAW, while also recognizing measures taken, recommended that Montenegro review its sentencing policy in trafficking cases and provide mandatory training for judges, prosecutors and police officers on appropriate application of article 444 of the Criminal Code and of relevant provisions on witness protection in the Criminal Procedure Code and the Witness Protection Law; intensify training for immigration and other law enforcement officials on early identification of victims of trafficking, focusing on RAE women, displaced women and unaccompanied or street girls; strengthen programmes for the reintegration of victims of trafficking in society; and combat the sexual exploitation of girls and boys. 23. CRC recommended thatMontenegroestablish an identification mechanism for children, including asylum-seeking, refugee and unaccompanied children, who may have been involved in armed conflict abroad; and provide these children with assistance for their physical and psychological recovery and social reintegration. 27. CAT recommended thatMontenegroadopt a comprehensive law on juvenile justice in line with international standards and CRC recommended thatMontenegroset up a separate juvenile justice system in line with United Nations standards. With reference to the implementation of recommendations, the United Nations Country Team (UNCT) stated thatMontenegrohad adopted specialized legislation on juvenile justice in 2011. While noting significant efforts in promoting alternatives to criminal prosecution, it noted further action was required to increase their practical application. UNCT stated that there challenges remained in both legislative and policy frameworks and in the capacity of professionals to administer juvenile justice cases and cases involving children as victims and witnesses of crime in a manner consistent with child rights and international standards.Montenegrostill lacked a uniform juvenile justice data collection and information system, which limited the effectiveness of policy initiatives. Additional efforts were needed to improve existing and to develop new rehabilitation and reintegration programmes for children in conflict with the law who are residing in semi-open and residential institutions. 28. CEDAW noted with concern that the practice of arranged and forced early marriages was still prevalent within RAE communities, concerning girls and boys aged 14–16. 30. CRC was concerned that the number of children placed in institutions had not decreased. UNCT reported that 63 per cent of children abandoned in residential institutions were children with disabilities. Local-level services that should support children with disabilities and their families (such as day care centres) were insufficiently developed and suffered from poor and unpredictable funding. UNCT reported on the need to accelerate the child welfare reform process through strengthening preventive social work interventions and expanding foster care and small group homes. 35. CRC expressed concern at the low standard of living of a large percentage of children and their families, affecting in particular RAE children and at the insufficient and sporadic support provided especially to families in a crisis situation due to poverty, caring for children with disabilities and single-parent households. CRC recommended the prioritization of children’s rights and welfare in the country’s budget policy; and urgedMontenegroto pay particular attention to economically disadvantaged, marginalized and neglected children, including RAE children and children with disabilities. CEDAW called onMontenegroto increase, regularly review and adjust the levels of family benefits for single mothers to ensure an adequate standard of living for them and their children; adopt targeted measures and programmes to economically empower single mothers, and protect them against discrimination and abuse. 36. CRC made recommendations to address its concerns at the overall insufficient quality of health services; the limited and inequitable access to health-care services outside the capital, especially affecting Roma, refugee children and children with disabilities; and the high number of teenage pregnancies and abortions. Additionally, CEDAW recommended thatMontenegroensure that all women and girls, including women with disabilities, RAE and displaced/refugee women have free and adequate access to contraceptives, sexual and reproductive health services, and information in accessible formats, including in rural areas. 37. CRC was concerned at the low quality of education; barriers to accessing education for children lacking birth registration and identity documents, Roma children and children with disabilities; and the prevalence of violence in schools. It recommended that Montenegro increase the quality of schools, by introducing, inter alia, interactive teaching methods, better equipment and increasing the teacher/pupil ratio; ensure that education is de facto free of charge; ensure that children are not denied access to education on any grounds; and promote non-violent relations. 38. While noting efforts made to include RAE children in formal education, CEDAW recommended that Montenegro: adopt further temporary special measures to increase enrolment and completion rates of RAE girls and boys; train and recruit more RAE teachers and intensify efforts to integrate RAE children into local schools; provide mandatory training to teachers who are non-RAE teachers on their obligations to report incidents of abuse and harassment of RAE children; and continue raising awareness among RAE families about the importance of education and provide further incentives to RAE parents to send their daughters to school. 39. CERD also recommended thatMontenegrocontinue its efforts to facilitate the integration of minority pupils into mainstream education, including by providing language support in preschool education. 40. Regarding the implementation of UPR recommendations, UNCT indicated thatMontenegrohad ratified the CRPD and OP-CRPD and was due to submit its first report. UNCT observed, however, that much work was needed to ensure full implementation of the Convention. Persons with disabilities were still excluded and discriminated against in practice. Physical accessibility to facilities and public transport, accessibility to social services and civic participation was still limited. The Government had begun to address significant stigma and cultural obstacles to inclusion in partnership with the United Nations Children’s Fund (UNICEF). While noting that the situation in the institution “Komanski Most” had been addressed to a certain degree through efforts to provide services for children in separate buildings, CRC was concerned that children with disabilities were still placed in the institution for adults and recommended that Montenegro develop a comprehensive national policy on disability; establish a monitoring system for residential care institutions; and include children with disabilities in the general school system. 41. While noting the action plan to implement the Decade of Roma Inclusion 2005-2015 and the Strategy for the Improvement of the Position of Roma, Ashkali and Egyptian Populations (RAE) in Montenegro for the period 2008-2012, CERD was concerned that socioeconomic and living conditions of Roma were precarious and discriminatory regarding education, employment, health care and social welfare. CERD recommended thatMontenegroimplement stronger special measures to enable the Roma to have practical access to education, employment in the public administration, health care and social welfare in a non-discriminatory manner. CAT raised similar concerns and made similar recommendations. 44. UNHCR reported that, on 7 July 2010, the Government passed the Decree on the Manner of Exercising the Rights by Displaced Persons from the Former Yugoslav Republics and Internally Displaced Persons From Kosovo Residing in Montenegro guaranteeing that until 7 January 2012 “displaced” and “internally displaced persons” had the same access to health care, education, employment, pension and social and child protection as Montenegrin citizens did. 50. UNHCR referred to the results of the 2011 National Census on Population, Households and Dwellings, which identified 4,312 persons who declared themselves to be without any citizenship. Of these persons, 1,649 (38 per cent) were RAE, while the rest of them (2,663 people or 62 per cent) were ethnic Albanians, Bosnians, Montenegrins and Serbs. UNHCR expressed concern at the large number of persons in Montenegro that were at risk of statelessness. The biggest problem was the absence of documents for those persons to prove their citizenship. That problem was mainly identified among RAE and appeared to arise from a combination of the administrative chaos created by the conflict in the region, arbitrary or discriminatory practices by civil servants in countries of origin and the lack of understanding among the affected population of the means and importance of registering and documenting (or re-registering and re-documenting) themselves and their children. Summary of stakeholders' information 1. Joint Submission 1 (JS1) recommended that Montenegroratify OP-CRC-IC by the end of 2013. In 2012, the Council of Europe-European Commission against Racism and Intolerance (CoE-ECRI) recommended that Montenegrocomplete ratification of ICRMW and ratify the 1961 Convention on the Reduction of Statelessness. 11. CoE-ECRI reported that Roma, Ashkali and Egyptian (RAE) children suffered discrimination in access to education and in the school environment. RAE faced obstacles in access to employment. Many RAE were not legally registered and did not have any personal documents, which hindered access to their rights. STP also reported on the challenges and problems Roma faced and indicated that there needs to be an autonomous institution monitoring the implementation of government strategies for the Roma. 12. CoE-ECRI reported that according to the Statistical Office of Montenegro there were 9,934 RAE inMontenegro, of which 5,649 are domiciled Roma and 4,285 “internally displaced” RAE. Unofficial estimates, however, put the total figure of all RAE at around 20,000 persons. Some RAE domiciled inMontenegrowere confronted with the risk of statelessness for the same reasons as “internally displaced” RAE. They were not registered at birth or they lacked proof of such registration. JS1 also referred to the legal status problems faced by children inMontenegro.JS1 recommended that the Government define and simplify procedure for registration of children born outside of health institutions, to ensure that all children have access to birth registration without discrimination by 2014. 18. CoE referred to the CPT delegation’s findings from its visit to the Komanski Most Institution for People with Special Needs. The extremely low number of staff was at the core of the Institution’s inability to provide adequate protection, care, hygiene and a regime for the residents. Material conditions were appalling, and the CPT’s delegation found residents fixed to beds or other furniture, mostly with torn strips of cloth but also by chains and padlocks. The Committee called upon the authorities to carry out a comprehensive review of the situation and to draw up a detailed action plan for reforming the Komanski Most Institution. In their response, the Montenegrin authorities referred to the recruitment of additional staff, the separation of children from adult residents, and measures to provide better living conditions for residents. 20. Global Initiative to End All Corporal Punishment of Children reported that corporal punishment was lawful and recommended thatMontenegroenact legislation to explicitly prohibit corporal punishment of children in all settings including the home as a matter of priority. 21. JS1 reported on the implementation of a recommendation of the Human Rights Committee and UPR with the adoption of the Law on Protection against Domestic Violence in July 2010, with the active participation of representatives of civil society sector. JS1 alleged that the Law omitted the obligation to establish support services for victims of violence (emergency accommodation, continuous psychosocial support, counselling, etc.), with the excuse that this will be determined by the new law on social and child protection. 22. According to the Ombudsman, reporting of domestic violence was very low, data on violence and types of violence were incomplete, and the policy of sanctioning violent persons was relatively mild. Montenegrin legislation provided protection of children from abuse and neglect, but the existing measures did not provide adequate protection for the victims of violence. There was still a high level of tolerance to various forms of violence and abuse, both within and outside the family. There was a lack of institutions and developed social protection services that would provide assistance and support to children victims of violence. 23. JS1 explained that in accordance with the recommendations of the Committee on the Rights of the Child,Montenegrohad adopted the Strategy for the prevention of violence, strengthened existing operational multidisciplinary teams for protecting children against violence and implemented various public campaigns. JS1 recommended that the Government develop and implement a comprehensive child protection system, including the establishment of mechanisms for following cases and the scope of abuse, neglect maltreatment of children including in the family, school, institution or other type of care; ensure that professionals working with and for children receive adequate training and education about appropriate treatment and actions in cases of suspected abuse and neglect; and strengthen psychological support through the development of adequate services (such as a unique counselling line, shelters for emergency accommodation, counselling and psychological and psychiatric support for child victims of abuse and neglect). 24. The Ombudsman reported that a certain number of children who lived below the poverty line were frequently exposed to the risk of becoming victims of various forms of abuse and exploitation (beggary, prostitution, trafficking). Research showed that the problem of child beggary inMontenegrowas evident. STP referred to the Ombudsman’s report, according to which the “registered” beggars were almost exclusively non-Montenegrin nationals. 30. The Ombudsman referred to the Law on Treatment of Juveniles in Criminal Proceedings, which establishes the system of juvenile justice. Consistent implementation of the Law requires education of judges, prosecutors, lawyers and police officers, as well as ensuring effective work of services and departments. 33. JS1 stated that the Government should enact necessary legislation by 2014, to ensure protection of the child’s right to privacy and prosecution of violations of this right by the media. 34. According to JS1, the number of children without parental care placed in foster families was 281; and the number children placed in institutions was 173 children, 144 of whom were accommodated in the Children Home “Mladost” – Bijela. JS1 was encouraged that Montenegro, with support from UNICEF, had launched the process of drafting the law on social and child protection and the National Strategy for the development of foster care and of creating minimum standards for protecting children without parental care. JS1 recommended adoption of the law on social and child protection by the end of 2012. 41. The Ombudsman reported that despite the measures taken, a certain number of children lived below the poverty line and were not provided with basic conditions for regular growth and development. Children of the RAE population, “displaced” persons, and children who lived in “incomplete” families were particularly vulnerable. JS1 reported that 10% of children and 6.1% of adults were living in poverty inMontenegro, with a monthly spending of less than 169.13 euro. Poverty indicators showed that children in the northern municipalities were much more affected by poverty than their peers in other regions. 42. CoE-ECRI reported that according to the authorities around 80% of the RAE population was illiterate. One of the most serious problems was the high and early drop-out rate. Data indicated that only around 20% of RAE pupils completed compulsory education. CoE-ECRI also noted some progress. In the 2001-2002 school year there were 536 enrolments of RAE children in elementary school, while in 2010-2011 school year the figure rose to 1,424 enrolments. However in 2010-2011 there were only 78 enrolments at high school. CoE-ECRI recommended that the authorities increase RAE children’s attendance at pre-school facilities, to enable them to learn the Montenegrin language before entering elementary school. 43. JS1 reported that in 2009Montenegroratified CRPD and OP-CRPD.Montenegrohad adopted the Strategy for the Integration of Persons with Disabilities, Inclusive Education Strategy and the Strategy of Social and Child Protection and, by these documents, provided for a range of measures and activities to improve the position of children with development disabilities. However, despite the adoption of these documents and other laws and regulations pertaining to children with development disabilities, due to poor implementation of regulations and large prejudices towards this population, there were many problems that persons with disabilities meet every day. JS1 recommended that Montenegro raise awareness of the needs of children with disabilities and establish an adequate system that provides for their social and educational inclusion; customize educational institutions, develop a network of day care centres, provide access to public facilities, remove architectural barriers and provide rehabilitation services, by 2015; and increase social benefits for families with children with disabilities by 2014. 48. CoE referred to the report of ECRI which highlighted that there was no authentic representation of national/ethnic minorities in Parliament and no proportionate representation in public services, state bodies and local self-government. According to CoE-ECRI this was mainly due to the absence of reliable data reflecting the current national/ethnic composition of the population on which to base such representation. The Ombudsman expressed similar concerns regarding representatives of national minorities’ employment in the public sphere, proportional representation in legal and political institutions as well as certain problems in the field of education, culture, information and publishing activities. The Ombudsman recommended that public authorities continue with necessary activities in order to provide proportional representation of members of national minorities. It was necessary to regulate the authentic representation of national minorities at the local level by a law, in accordance with the constitutional principle of affirmative action. 51. JS1 stated that the Government, through amendments and modification of the Law on Foreigners, had allowed “displaced” persons to have privileged access to the status of foreigner with permanent residence as a form of local integration. JS1 further reported that due to lack of identity papers and problems with the registration of children born outside of health care facilities, objectively it could be expected that a fair number of “displaced” persons, especially those from the RAE population, would not be able to apply for the status of the foreigner before the given deadline (31.12.2012). JS1 referred to alleged recent actions of the Ministry of Interior to strike from the Registry of Montenegrin citizens, children who in certain municipalities enrolled as citizens before 1 January 2009, because their registration was without legal grounds. Similar concerns were expressed by the Ombudsman, AI and STP. JS1 recommended that the Government simplify procedures for achieving the status of foreigner with permanent residence and establish mechanisms for identifying and registering stateless persons or persons at risk of statelessness and undertake concrete activities for prevention and elimination of causes that lead to the stateless by 2014. Accepted and Rejected Recommendations - To follow
Monday 28th January 2013 - 9.00 a.m. - 12.30 p.m
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations