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NORMLEX Home > Country profiles > > Comments > All Comments

Worst Forms of Child Labour Convention, 1999 (No. 182) - Montenegro (RATIFICATION: 2006)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Article 5 of the Convention. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information in its report that the Unit for Combating Trafficking in Human Beings established within the police administration has been re-established as the Department for Combating Human Trafficking and Smuggling of Migrants. According to the Government’s report, this Department strengthened its activities in terms of identifying potential victims of trafficking proactively by investigating a number of cases and related criminal offences. The Committee also notes the Government’s information that the Coordination Team for the Implementation of the Agreement on Cooperation between state institutions and NGOs (Coordination team) is also actively implementing measures to combat trafficking in persons and protect victims of trafficking. The Committee notes the statistical data provided by the Government following the activities of this combined anti-trafficking mechanism. According to this data, in 2018, two Montenegrin citizens were indicted for offences under section 444 of the Criminal Code (trafficking of persons) against a child aged 12 years. Moreover, in 2016, three minor girls from the Roma community, who were identified as potential victims of trafficking were provided assistance and shelter until attaining the legal age; and in 2017, two Serbian minors who were victims of trafficking were provided temporary shelter and handed over to the Serbian authorities. The Committee also notes the detailed information provided by the Government, in its report under the Forced Labour Convention, 1930 (No. 29), with regard to the various trainings on combating trafficking in persons provided to the representatives of the Coordination team, the Office for Combating Human Trafficking, the Ministry of Interior, law enforcement officials, the police, the border officials and the members of the Army of Montenegro who participate in peacekeeping missions and operations in the country and abroad. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 22 June 2018, expressed concern at the lack of coordination among relevant officials and insufficient training on identifying victims of sexual exploitation and trafficking, as well as at the high risk of children in disadvantaged or vulnerable situations, partly due to the lack of information among relevant officials about the issue (CRC/C/MNE/CO/2-3, paragraph 54).The Committee requests the Government to continue taking effective measures to strengthen the capacity and efficiency of the anti-trafficking coordinating mechanisms as well as the law enforcement officials in identifying and protecting child victims of trafficking and sexual exploitation. It also requests the Government to continue to provide information on the number of cases of trafficking of children identified and investigated by the Department for Combating Human Trafficking and Smuggling of Migrants as well as by the Coordination team.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Roma and Egyptian children. Following its previous comments, the Committee notes the Government’s information that in 2016, the Government adopted the Strategy for Social Inclusion of Roma and Egyptians in Montenegro 2016–20 followed by the adoption of the Action Plan for the implementation of this Strategy. The overall objective of the Strategy is to achieve full social inclusion of Roma and Egyptians (RE) by improving their socio-economic position and covering seven areas, including education, employment, social status and family protection. With regard to improving the access to education of RE children, the Government indicates that it has been implementing an exemption from the payment of pre-school education costs for children of RE communities; providing funds for free textbooks for all RE children until ninth grade; providing scholarships for all high-school students of the RE community; providing transportation for RE students; and organizing summer and winter holiday camps for students of secondary education. The Committee also notes the Government’s information that the Ministry for Human and Minority Rights, in cooperation with elementary schools are providing motivational classes for parents of students of the RE community. In order to prevent early school drop-outs, especially of girls, the Institute of Education has set up a team with the aim of identifying the causes and preventing the risks of school drop-outs. The Committee further notes from the Government’s report that in the school year 2017–18, a total of 2,191 students from the RE community were attending the three levels of the education system, including: 189 children in pre-school education; 1,860 children in primary education; and 142 children in secondary education. The Committee notes, however, the concerns raised by the CRC, in its concluding observations of 22 June 2018, regarding the quality of education, hidden costs, barriers to access to education for children in disadvantaged or vulnerable situations and low completion rates (CRC/C/MNE/CO/2-3, paragraph 49).While taking due note of the various measures taken by the Government, the Committee encourages it to continue its efforts to facilitate access of RE children to free basic education so as to prevent them from engaging in the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and the results obtained, especially with regard to increasing school enrolment and completion rates and reducing school drop-out rates of RE children, especially girls.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that pursuant to the provisions of the Law on Social and Child Protection, 2013, mandating the special protection for child victims of trafficking, various activities were carried out, including: (i) placement of a guardianship in cases of child victims of trafficking who are unaccompanied or whose parents cannot be found; (ii) provisions to bring back victims/potential victims from the territory of another country as well as to repatriate victims/potential victims to their country of origin; (iii) accommodation in a shelter; counselling and psychosocial support; (iv) informing the victim about their rights and procedures related to protection; (v) development of an individual protection plan tailored to the age, interests and ability of the child; and (vi) cooperation with the police and prosecutor’s office. The Committee also notes from the Government’s report that from 2012 to 2017, 18 out of 28 total victims/potential victims of trafficking who were residing in the shelter were children.The Committee requests the Government to continue to provide information on the measures taken to protect child victims of trafficking as well as the number of children who have been rehabilitated and socially integrated.
Clause (d). Identifying and reaching out to children at special risk. Child beggars. The Committee previously noted that the Police Directorate regularly undertakes, within the framework of the “Prosjak” (Beggar) project, direct intervention measures with child beggars and their parents with the aim of removing them from the street.
The Committee notes the Government’s information that according to the data of the police administration, in 2016, 78 actions were undertaken by the police under the Prosjak project, during which period, 226 persons were identified as involved in begging, of which 63 were children. Of the total number of cases of child begging identified, 45 children were handed over to the Centre for Social Work; 11 requests for misdemeanour proceedings against the parents/guardians of children were initiated; six warnings against parents were issued; and one case was reported to the Basic State Prosecution Service. Similarly, in 2017, six actions were initiated by the police under Prosjak, and three children were identified as engaged in begging. Furthermore, the multidisciplinary operational teams dealt with 45 cases of neglect of children in 2017. The Committee also notes the Government’s indication that children found begging or in a state of social need are provided care and accommodation in the PI Centre for Children and Youth and later returned to their families. This Centre also provides appropriate assistance and support for parents to take the necessary measures to protect the rights and best interests of children as well as provide appropriate education and other measures to reintegrate them into the society. The Committee further notes from the Government’s report that combating and suppressing child begging is one of the areas of attention under the Strategy for Social Inclusion of Roma and Egyptians 2016–20. In this regard, it notes the Government’s indication that within the framework of the Action Plan for the implementation of the Strategy 2016–20, several workshops and campaigns were conducted focusing on the various social problems in the RE communities, such as violence, negligence, and forced and illegal marriages, that may lead children into the worst forms of child labour.Considering that children living in the streets are particularly exposed to the worst forms of child labour, the Committee requests the Government to continue taking effective and time-bound measures to protect children begging in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to continue to provide information on the measures taken in this regard as well as the number of children who have benefited from such measures, to the extent possible disaggregated by gender, age and ethnicity.

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Article 5 of the Convention. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information in its report that the Unit for Combating Trafficking in Human Beings established within the police administration has been re-established as the Department for Combating Human Trafficking and Smuggling of Migrants. According to the Government’s report, this Department strengthened its activities in terms of identifying potential victims of trafficking proactively by investigating a number of cases and related criminal offences. The Committee also notes the Government’s information that the Coordination Team for the Implementation of the Agreement on Cooperation between state institutions and NGOs (Coordination team) is also actively implementing measures to combat trafficking in persons and protect victims of trafficking. The Committee notes the statistical data provided by the Government following the activities of this combined anti-trafficking mechanism. According to this data, in 2018, two Montenegrin citizens were indicted for offences under section 444 of the Criminal Code (trafficking of persons) against a child aged 12 years. Moreover, in 2016, three minor girls from the Roma community, who were identified as potential victims of trafficking were provided assistance and shelter until attaining the legal age; and in 2017, two Serbian minors who were victims of trafficking were provided temporary shelter and handed over to the Serbian authorities. The Committee also notes the detailed information provided by the Government, in its report under the Forced Labour Convention, 1930 (No. 29), with regard to the various trainings on combating trafficking in persons provided to the representatives of the Coordination team, the Office for Combating Human Trafficking, the Ministry of Interior, law enforcement officials, the police, the border officials and the members of the Army of Montenegro who participate in peacekeeping missions and operations in the country and abroad. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 22 June 2018, expressed concern at the lack of coordination among relevant officials and insufficient training on identifying victims of sexual exploitation and trafficking, as well as at the high risk of children in disadvantaged or vulnerable situations, partly due to the lack of information among relevant officials about the issue (CRC/C/MNE/CO/2-3, paragraph 54). The Committee requests the Government to continue taking effective measures to strengthen the capacity and efficiency of the anti-trafficking coordinating mechanisms as well as the law enforcement officials in identifying and protecting child victims of trafficking and sexual exploitation. It also requests the Government to continue to provide information on the number of cases of trafficking of children identified and investigated by the Department for Combating Human Trafficking and Smuggling of Migrants as well as by the Coordination team.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Roma and Egyptian children. Following its previous comments, the Committee notes the Government’s information that in 2016, the Government adopted the Strategy for Social Inclusion of Roma and Egyptians in Montenegro 2016–20 followed by the adoption of the Action Plan for the implementation of this Strategy. The overall objective of the Strategy is to achieve full social inclusion of Roma and Egyptians (RE) by improving their socio-economic position and covering seven areas, including education, employment, social status and family protection. With regard to improving the access to education of RE children, the Government indicates that it has been implementing an exemption from the payment of pre-school education costs for children of RE communities; providing funds for free textbooks for all RE children until ninth grade; providing scholarships for all high-school students of the RE community; providing transportation for RE students; and organizing summer and winter holiday camps for students of secondary education. The Committee also notes the Government’s information that the Ministry for Human and Minority Rights, in cooperation with elementary schools are providing motivational classes for parents of students of the RE community. In order to prevent early school drop-outs, especially of girls, the Institute of Education has set up a team with the aim of identifying the causes and preventing the risks of school drop-outs. The Committee further notes from the Government’s report that in the school year 2017–18, a total of 2,191 students from the RE community were attending the three levels of the education system, including: 189 children in pre-school education; 1,860 children in primary education; and 142 children in secondary education. The Committee notes, however, the concerns raised by the CRC, in its concluding observations of 22 June 2018, regarding the quality of education, hidden costs, barriers to access to education for children in disadvantaged or vulnerable situations and low completion rates (CRC/C/MNE/CO/2-3, paragraph 49). While taking due note of the various measures taken by the Government, the Committee encourages it to continue its efforts to facilitate access of RE children to free basic education so as to prevent them from engaging in the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and the results obtained, especially with regard to increasing school enrolment and completion rates and reducing school drop-out rates of RE children, especially girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that pursuant to the provisions of the Law on Social and Child Protection, 2013, mandating the special protection for child victims of trafficking, various activities were carried out, including: (i) placement of a guardianship in cases of child victims of trafficking who are unaccompanied or whose parents cannot be found; (ii) provisions to bring back victims/potential victims from the territory of another country as well as to repatriate victims/potential victims to their country of origin; (iii) accommodation in a shelter; counselling and psychosocial support; (iv) informing the victim about their rights and procedures related to protection; (v) development of an individual protection plan tailored to the age, interests and ability of the child; and (vi) cooperation with the police and prosecutor’s office. The Committee also notes from the Government’s report that from 2012 to 2017, 18 out of 28 total victims/potential victims of trafficking who were residing in the shelter were children. The Committee requests the Government to continue to provide information on the measures taken to protect child victims of trafficking as well as the number of children who have been rehabilitated and socially integrated.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. The Committee previously noted that the Police Directorate regularly undertakes, within the framework of the “Prosjak” (Beggar) project, direct intervention measures with child beggars and their parents with the aim of removing them from the street.

The Committee notes the Government’s information that according to the data of the police administration, in 2016, 78 actions were undertaken by the police under the Prosjak project, during which period, 226 persons were identified as involved in begging, of which 63 were children. Of the total number of cases of child begging identified, 45 children were handed over to the Centre for Social Work; 11 requests for misdemeanour proceedings against the parents/guardians of children were initiated; six warnings against parents were issued; and one case was reported to the Basic State Prosecution Service. Similarly, in 2017, six actions were initiated by the police under Prosjak, and three children were identified as engaged in begging. Furthermore, the multidisciplinary operational teams dealt with 45 cases of neglect of children in 2017. The Committee also notes the Government’s indication that children found begging or in a state of social need are provided care and accommodation in the PI Centre for Children and Youth and later returned to their families. This Centre also provides appropriate assistance and support for parents to take the necessary measures to protect the rights and best interests of children as well as provide appropriate education and other measures to reintegrate them into the society. The Committee further notes from the Government’s report that combating and suppressing child begging is one of the areas of attention under the Strategy for Social Inclusion of Roma and Egyptians 2016–20. In this regard, it notes the Government’s indication that within the framework of the Action Plan for the implementation of the Strategy 2016–20, several workshops and campaigns were conducted focusing on the various social problems in the RE communities, such as violence, negligence, and forced and illegal marriages, that may lead children into the worst forms of child labour. Considering that children living in the streets are particularly exposed to the worst forms of child labour, the Committee requests the Government to continue taking effective and time-bound measures to protect children begging in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to continue to provide information on the measures taken in this regard as well as the number of children who have benefited from such measures, to the extent possible disaggregated by gender, age and ethnicity.

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Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 211(1) and (2) of the Criminal Code which prohibits the use of a child for the production of pornography or pornographic performances and the sale, exhibition and distribution of pornographic materials involving children covered only children under the age of 14 years (section 142(8)). It had further noted the Government’s statement that it was reviewing the Criminal Code, and that it would take measures to combat the worst forms of child labour, including pornography.

The Committee notes with interest the Government’s indication that the Law on Amendments to the Criminal Code was adopted on 10 July, 2013 thereby enhancing the protection laid down under section 211 for all age groups under 18 years. Accordingly, the Committee notes from the Government’s report that section 211(4) of the Law on Amendments to the Criminal Code of 2013 provides that the offences referred to under section 211(1) and (2), if committed against a minor (defined under section 142(9) as a person between 14 and 18 years), are punishable with imprisonment for up to three years.

Article 5. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information that the Office for Combating Trafficking in Human Beings (OCT) is responsible for coordinating the anti-trafficking activities of relevant entities responsible for combating human trafficking in Montenegro. These responsibilities include: (i) initiating and developing state policy for combating human trafficking as well as its monitoring; (ii) compiling statistical data regarding cases of human trafficking; (iii) managing the Government’s shelter for victims of trafficking; and (iv) monitoring the implementation of the Memorandum of Cooperation (MOC) signed between state institutions and other NGOs to deal with cases related to trafficking in persons. It also notes from the Government’s report that the OCT, in cooperation with the Ministry of Education and UNICEF, implemented a project on “Raising awareness on child trafficking through the educational system” during which a significant number of teachers were trained and a manual on best methods of transmitting the knowledge on trafficking of human beings was prepared. Moreover, the OCT initiated and implemented several awareness raising campaigns for the public on the phenomenon of trafficking in persons. In addition, a number of training sessions were conducted with the aim of strengthening the capacity of the health, education and social workers as well as officials from the police, judiciary, prosecution, and inspection services with special emphasis on identification of victims of trafficking.

The Committee notes from the Government’s report that the coordination team established following the signing of the MOC, developed an operational procedure for handling cases related to trafficking in human beings as well as a list of indicators for early identification of victims/potential victims of trafficking. It also notes that in 2014, the coordination team identified four potential victims of trafficking in human beings. The Committee finally notes the Government’s information that a Unit for Combating Trafficking in Human Beings to manage the investigation of cases related to the trafficking of human beings was established within the police department. The Committee requests the Government to provide information on the number of cases of trafficking of children investigated by the Unit for Combating Trafficking in Human Beings as well as the number of cases of trafficking of children identified by the Coordination team.

Article 7(2). Effective and time-bound measures. Clauses (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes from the Government’s report the various measures taken to improve access of Roma and Egyptian (RE) children to education. It notes that a preparatory kindergarten system was initiated for RE children with the aim of promoting their language and communication skills, increasing socialization among children and preparing them for regular education. This programme has been extended to eight public preschools and a total of 108 RE children are involved in this programme. It also notes the Government’s information that the desegregated education for RE children from Konik camps which began in the 2008–09 school year has been continuing and about 200 students have been integrated into city elementary schools. The Government’s report further indicates that the school attendance of students from RE communities is regularly monitored, reasons for their absence are identified, and appropriate measures of intervention are carried out to overcome their family problems.

The Committee notes from the Decade of Roma Inclusion – Montenegro Progress Report, 2013, that during the school year 2012–13, the number of RE children enrolled in primary schools increased to 1,853 children and the enrolment in secondary schools increased to 75. This report also indicates that currently there are nine students of RE population studying at different faculties in Montenegro. However, the Committee notes from the UNICEF Study on the Obstacles to Education in Montenegro, 2013 that only about half of Montenegro’s RE children are in primary school, less than a third complete primary school and only 7 per cent complete secondary school, compared to 98 per cent and 86 per cent respectively for the mainstream population. This report also indicates a high drop-out rates among RE children after age 11, especially among girls. While noting the various measures taken by the Government, the Committee encourages the Government to strengthen its efforts to facilitate access of Roma and Egyptian children to free basic education and to protect them from the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and the results obtained, especially with regard to increasing school enrolment and reducing school drop-out rates of RE children, especially girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes from the Report concerning the implementation of the Council of Europe Convention on Action Against Trafficking in Human Beings by Montenegro (GRETA report) of 2012 that child victims of trafficking are housed in the social welfare centres also used to accommodate children without parental care where they are provided with administrative, legal, socio-psychological and other support. The Committee notes that the Law on Social and Child Protection, 2013, includes provisions mandating the special protection for child victims of trafficking. The Committee requests the Government to indicate whether any special protection measures have been initiated for child victims of trafficking pursuant to the Law on Social and Child Protection. It also requests the Government to provide information on the number of child victims of trafficking who have been rehabilitated in the social welfare centres.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. The Committee previously noted that a high number of children, predominantly Roma, are living and working on the streets (often in begging).

The Committee notes the Government’s information that the Police Directorate regularly undertakes, within the framework of the “Prosjak” (Beggar) project, direct intervention measures with child beggars and their parents with the aim of removing them from the street. The Committee further notes from the GRETA report that a study conducted by the Ombudsman’s Office on the issue of child begging indicated that child beggars, and internally displaced children who often have no personal identity documents, and are living in conditions of poverty with no education and often not speaking the official language, are among the most vulnerable categories as regards trafficking in human beings. The Committee requests the Government to strengthen its efforts to ensure the protection of child beggars and internally displaced children, particularly children from the Roma community from trafficking and commercial sexual exploitation and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

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Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 211(1) and (2) of the Criminal Code of the Republic of Montenegro prohibits the use of a child for the production of pornography or pornographic performances and the sale, exhibition and distribution of pornographic materials involving children. However, the Committee noted that, pursuant to section 142 of the Criminal Code, a child shall be considered as a person who has not reached the age of 14 years. It had further noted the Government’s statement that it was reviewing the Criminal Code, and that it would take measures to combat the worst forms of child labour, including pornography.

The Committee notes once again the Government’s reference to section 211 of the Criminal Code quoting two additional subsections (4) and (5) to this section which state that the offences referred to under subsections (2) and (3) of section 211 if committed on a child shall amount to an aggravated offence. The Committee notes, however, that the definition of a child as per section 142 of the Criminal Code remains the same. The Committee once again reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances should be prohibited for all persons under 18 years of age. The Committee therefore strongly urges the Government to take the necessary measures to ensure that the Criminal Code is amended to prohibit the use, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide specific information on the concrete steps taken by the relevant authorities (including law enforcement officers) to effectively monitor and combat the worst forms of child labour, particularly trafficking, commercial sexual exploitation and the use of a child for the purpose of begging. The Committee notes that according to the statement made by the delegation of Montenegro at the 55th Session of the Committee on the Rights of the Child on the consideration of the initial report of Montenegro under the Convention on the Rights of the Child and the Optional Protocol on the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/SR.1562, 7 April 2011), the Office for Combating Trafficking in Human Beings is responsible for the implementation of international standards, Conventions and agreements related to human trafficking. It also notes that the Office for Combating Trafficking of Human Beings cooperated and signed an agreement with other national and international bodies, including the ministries, police directorate, state prosecutors and NGOs (known as the working group for the implementation of the national strategy to combat trafficking) to create efficient mechanisms for fighting human trafficking and to collect statistics on victims of trafficking. This working group meets twice a month in order to report on the monitoring activities carried out by each of the signatories and to evaluate and oversee the implementation of the action plans for combating trafficking in human beings. The Committee requests the Government to provide information on the measures taken by the working group to prevent trafficking in persons, especially children under the age of 18 years, as well as the number of cases of trafficking of children that have been identified by the working group.

Article 7(1). Penalties. Following its previous comments, the Committee notes the Government’s information that during the period from 2004 to 2011, the court processed 14 cases under sections 444 (trafficking in human beings) and 445 (trafficking in children for adoption) of the Criminal Code, and in 12 cases decisions have been made. The Committee requests the Government to indicate how many of the cases of trafficking in human beings decided by the court during 2004–11 involved children under the age of 18 years.

Article 7(2). Effective and time-bound measures. Clauses (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations, expressed concern that a large number of Roma, Ashkalia and Egyptian children were still not enrolled in schools, and had lower school attendance rates and higher drop-out rates (CRC/C/MNE/CO/1, paragraph 59). The Committee notes the Government’s indication that there is a positive trend regarding elementary education of Roma and Egyptian children. According to the data provided by the Government, the number of Roma and Egyptian children in elementary education increased from 1,195 in the year 2005–06 to 1,582 in the year 2010–11. The Government report further indicates that since the school year 2008–09, the Ministry of Education in cooperation with the Red Cross of Montenegro has been carrying out activities aimed at eliminating segregation of education of Roma children from the Konik camp and enabling their integration by enrolling them in town schools and providing free transport. As a result, 88 children from this camp are attending town schools. The Committee further notes from the Government’s report that through the project entitled “Support to Full Process of Social Integration”, the Government aims to implement training to prevent and reduce school drop-outs. The Committee notes, however, that according to the statistics provided by the Statistical Office of Montenegro – MONSTAT in its publication entitled Children in Montenegro – 2011 Census data, there are a total of 145,126 children aged up to 18 years in Montenegro, out of which 5 per cent (5313) of the children aged from 6 to 17 years are not attending school, most of whom belong to the Egyptian and Roma community. The Committee requests the Government to step up its efforts to protect Roma and Egyptian children from the worst forms of child labour, particularly through initiatives to facilitate their access to education. The Committee requests the Government to provide information on the measures taken in this regard and the results obtained, especially with regard to increasing school enrolment and reducing school drop-out rates of the Roma and Egyptian children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that according to the agreement on mutual cooperation signed by the working group for the implementation of the national strategy to combat trafficking, child victims of trafficking are provided adequate assistance and protection, including cash assistance. The Committee further notes that the delegation of Montenegro at the 55th Session of the CRC (CRC/C/SR.1562, 7 April 2011), stated that there are two kinds of placement of child victims of trafficking. Under the first arrangement, children are sent to the Ljubovic Centre for six months to two years for educational purposes as decided by the court or social care centers. The second option is an “intervention placement” where the situation of child victims is assessed and thereafter they are returned to their families and in the case of foreign nationals to their state of origin. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking. It requests the Government to continue to provide information on the measures taken to this end, and information on the number of child victims of trafficking under the age of 18 years who have benefited from the Ljubovic Center and the “intervention placement” measures.

Clause (d). Identifying and reaching out to children at special risk. Street children and child beggars. The Committee previously noted that the CRC, in its concluding observations of 1 October 2010, expressed concern at the high number of children, predominantly Roma, living and working on the streets (often in begging) and that these children are especially vulnerable to trafficking and economic and sexual exploitation (CRC/C/MNE/CO/1, paragraph 63).

The Committee notes that according to the information available on the United Nations High Commissioner for Refugees (UNHCR) website, children in Montenegro engage in the worst forms of child labour in forced begging and informal work on the streets, which mostly involves Roma children. The Committee notes that the delegation of Montenegro at the 55th Session of the CRC (CRC/C/SR.1562, 7 April 2011), stated that the Roma children had been identified as potential victims of trafficking and sexual exploitation. The Government’s strategy was therefore to educate the Roma population about children’s rights, the dangers of trafficking and the need to reduce begging, although it has been found that most beggars were internally displaced persons, mainly from Kosovo. Accordingly, a seminar and two workshops for Roma men, women and children were organized and a helpline was set up to report any cases of trafficking of children as well as violations of any other rights of children. Recalling that street children and child beggars are at an increased risk of becoming involved in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure the protection of such children, particularly Roma children as well as internally displaced children from trafficking and commercial sexual exploitation. It requests the Government to indicate the measures taken in this regard, and the results achieved.

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Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 211 of the Criminal Code of the Republic of Montenegro prohibits the use of a child for the production of pornography or pornographic performances and the sale, exhibition and distribution of pornographic materials involving children. However, the Committee noted that, pursuant to section 142 of the Criminal Code, a child shall be considered as a person who has not reached the age of 14 years. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances should be prohibited for all persons under 18 years of age.

The Committee notes the Government’s statement that it is reviewing the Criminal Code, and that it is taking measures to combat the worst forms of child labour, including pornography. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 November 2010 in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC), expressed concern that a certain degree of impunity exists for child pornography in the country, and at the growing availability of child pornography through the internet and mobile phones (CRC/C/OPSC/MNE/CO/1, paragraph 25). Therefore, the Committee strongly urges the Government to take the necessary measures to ensure that the Criminal Code is amended to prohibit the use, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on mechanisms established to monitor the implementation of the provisions giving effect to Article 3(a)–(c) of the Convention.

The Committee notes the Government’s statement that authorities are taking numerous measures for combating acts related to the abuse of children and youth, including the worst forms of child labour such as prostitution, beggary and pornography. The Committee requests the Government to provide specific information on the concrete steps taken by the relevant authorities (including law enforcement officers) to effectively monitor and combat the worst forms of child labour, particularly trafficking, commercial sexual exploitation and the use of a child for the purpose of begging.

Article 7(1). Penalties. The Committee previously noted that sections 162, 165, 209, 210, 211, 444 and 446 of the Criminal Code of the Republic of Montenegro establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: unlawful deprivation of freedom; coercion; procuring a minor for debauchery; mediation in prostitution; displaying pornographic material and using children for the production of pornography; trafficking in human beings including minors; and submission to slavery and transportation of enslaved persons. The Committee requested the Government to provide information on the practical application of these penalties set forth in the Criminal Code.

The Committee notes the Government’s statement that it is successful in the application of sanctions contained in both labour and criminal legislation. However, observing an absence of specific information on the application of these sanctions, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties applied with regard to the abovementioned sections of the Criminal Code.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that according to section 4 of the Law on Primary Education of Montenegro, primary education shall be free and compulsory for all children between the ages of 6 to 15 years. It also noted that the Government had introduced several educational reforms since 2001, such as the adoption of a comprehensive education reform policy calling for improved quality, access and equality of education.

The Committee notes the Government’s statement that there have been increased activities regarding the inclusion of a broader population of children in the education system. In this regard, the Committee notes the information in the Government’s report to the CRC of 4 March 2010 that the Government has adopted the Strategy on Inclusive Education in Montenegro (2008–12) (CRC/C/MNE/1, paragraph 22). The Government states in this report that, through the reforms undertaken, particular attention has been given to the training of teachers and directors in elementary and secondary schools (CRC/C/MNE/1, paragraph 286). However, the Committee also notes that the CRC, in its concluding observation of 1 October 2010, expresses concern at the hidden expenses resulting from the purchase of textbooks and school accessories, the low quality of education and the lack of data available on education (CRC/C/MNE/CO/1, paragraph 59). The Committee, therefore, once again requests the Government to provide updated statistical information on primary and secondary school attendance and drop-out rates. It also encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates, especially at the secondary level so as to prevent the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that according to a report by the International Organization for Migration (IOM) entitled “Migration Profile of Montenegro, 2007”, Montenegro is primarily a country of transit for foreign victims from south-eastern countries going towards Western Europe, but it is also a country of origin as well as destination, and internal trafficking is increasing. The report further states that only a limited number of victims were identified between 2000 and 2007, but that 70 per cent of these victims were minors.

The Committee notes the information in the Government’s report of 4 March 2010 submitted to the CRC, that the Centre for Social Welfare provides accommodation to child victims of trafficking, which includes secure accommodation and psychological, social, psychiatric treatment. However, the Committee also notes the Government’s indication in this report that, within the territory of Montenegro, there is still no separate shelter for child victims of human trafficking (CRC/C/MNE/1, paragraph 362). In this regard, the Committee notes that the CRC, in its concluding observations of 1 November 2010 concerning the OPSC, expressed concern at the lack of state-run shelters and that child victims of trafficking are placed in institutions for children without parental care or in shelters for adult victims of human trafficking (CRC/C/OPSC/MNE/CO/1, paragraph 37). The Committee requests the Government to strengthen its efforts with regard to providing appropriate support to child victims of trafficking for their rehabilitation and social reintegration. It requests the Government to provide information on the impact of measures taken in this regard, particularly concerning the number of child victims of trafficking who have benefited from appropriate government services.

Clause (d). Identifying and reaching out to children at special risk. Roma, Ashkalia and Egyptian children. The Committee previously noted that according to the UNICEF Report on Education in Montenegro, the estimates by the Monitoring Education of Roma Children 2006 indicated that only 7 per cent of the Roma school-age population had been enrolled in the school system. The Committee noted the implementation of the project “Roma Education Initiative” (REI) and the Action Plan on Integration of Sustainable Development into Educational System 2007–09 which aimed to ensure a sustainable system of teacher training and quality implementation of educational system reform for teachers in schools with Roma, Ashkalia and Egyptian (RAE) children.

The Committee notes the Government statement that despite significant integration of the RAE population into education and a number of projects aimed at increasing the rate of inclusion of such children into the regular system of elementary education, their regularity of enrolment, attendance and completion of elementary education is still unsatisfactory. The Government indicates that larger social problems, including socioeconomic status, cultural context and the lack of personal identification documents of parents remain factors limiting the successful integration of RAE children into the education system. However, the Government indicates that it is making efforts to encourage students not to drop out. It indicates that all non-citizens can enrol in schools if they have regulated temporary or permanent residence. Moreover, the Government states that the Ministry of Education and Sport provides free school books and school accessories until the third grade of elementary school for all Roma children, and free school transport has been organized for several elementary schools.

The Committee takes due note of this information. It notes, however, that the CRC, in its concluding observations of 1 October 2010, expressed concern at the high number of children, predominantly Roma, living and working on the streets (often in begging) and that these children are especially vulnerable to trafficking and economic and sexual exploitation (CRC/C/MNE/CO/1, paragraph 63). It also expressed concern that a large number of Roma, Ashkalia and Egyptian children are still not enrolled in schools, have lower school attendance rates and have higher drop-out rates (CRC/C/MNE/CO/1, paragraph 59). The Committee therefore encourages the Government to pursue its efforts to promote access of Roma, Ashkalia and Egyptian children to education and requests the Government to continue to provide information on the measures taken in this regard. It also requests the Government to redouble its efforts to ensure the protection of Roma children against the worst forms of child labour, particularly trafficking, commercial sexual exploitation and begging.

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Article 3 of the Convention. Worst forms of child labour. Clause (a).
1. Sale and trafficking of children. The Committee notes that, according to section 444, subsections (1)–(3) of the Criminal Code, any person who by force, threat, deceit or otherwise recruits, transports, transfers, hands over, sells, buys, mediates in sale, hides or keeps another person for exploitation of work, submission to servitude, commission of crimes, prostitution or begging, or pornographic use or for use in armed conflict shall be punished. It further notes that subsection (3) of section 444 provides for a higher penalty if this offence is committed against a juvenile defined as a person between the ages of 14 and 18.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that article 52 of the Constitution of the Republic of Montenegro prohibits forced labour. It also notes that section 162 of the Criminal Code prohibits unlawful deprivation of freedom and section 165 prohibits coercion. The Committee further notes that section 446 of the Criminal Code prohibits submission to slavery and transportation of enslaved persons.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this point. It notes that, according to the Child Soldiers Global Report 2008 – Montenegro available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), the Government of Montenegro, in its declaration on succession to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict stated that there is no mandatory military service and that the minimum age for voluntary recruitment is 18 years. The Committee further notes section 444(1), read with subsection (3), which prohibit the sale, recruitment and transfer of a juvenile for use in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 209 of the Criminal Code prohibits procuring a minor for sexual intercourse and section 210(2) prohibits mediation in prostitution of minors.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 211 of the Criminal Code of the Republic of Montenegro prohibits the use of a child for the production of pornography or pornographic performances and the sale, exhibition and distribution of pornographic materials involving children. However it notes that, pursuant to section 142 of the Criminal Code, a child shall be considered as a person who has not reached the age of 14 years. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee therefore asks the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 300 of the Criminal Code of the Republic of Montenegro prohibits a range of activities associated with the production, distribution, sale and trafficking of narcotic substances. Subsection (3) of section 300 further states that if these offences are committed by more than one person, or the offender organizes a network of resellers and mediators, the perpetrator (defined as a person who has committed a criminal offence, or participated, instigated or helped in the commission of a crime) shall be punished.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that, under section 17 of Labour Law No. 49 of 2008 (Labour Law), labour relations with a person under 18 years of age can be entered into upon written approval of the parents or guardians under the condition that such work does not threaten their health, morals and education and is not prohibited by law. Subsection (2) of section 17 further states that such a labour contract with persons under the age of 18 years shall be made upon a certificate issued by the relevant health authority that confirms the capacity of such persons to perform the tasks for which the labour contract is signed and that such tasks are not harmful for their health. The Committee further notes that, section 104 of the Labour Law prohibits employees under 18 years of age from performing jobs involving hard physical labour, underground or underwater work, as well as other jobs that may have a harmful effect or an increased risk for their health and life, and section 106 prohibits them from undertaking overtime work and night work.

Article 5. Monitoring mechanisms. The Committee notes that according to section 171 of the Labour Law, the Ministry of Labour, through the labour inspection, shall supervise the implementation of the Labour Law and other regulations and labour contracts. The Committee notes the Government’s statement that inspections concerning the implementation of the labour laws, including the protection at work of young persons are conducted regularly by the labour inspectors. It also notes the Government’s indication that an employer is obliged to have a licence for work in working rooms or at a workplace, issued by a competent authority and for each employee including persons aged from 15 to 18, to have an employment contract concluded as well as an application for compulsory social insurance. The Government further states that during supervisions, the labour inspectors exercise such powers by a special law which enables them to identify any violations of the provisions on the employment of minors as well as to prevent and take punitive measures in such cases. The Committee requests the Government to provide information on the functioning and activities of the labour inspectorate, including extracts of the inspection reports. It also requests the Government to provide information on any other mechanisms established to monitor the implementation of the provisions giving effect to Article 3(a)–(c) of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that sections 162, 165, 209, 210, 211, 444 and 446 of the Criminal Code of the Republic of Montenegro establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: unlawful deprivation of freedom; coercion; procuring a minor for debauchery; mediation in prostitution; displaying pornographic material and using children for the production of pornography; trafficking in human beings including minors; and submission to slavery and transportation of enslaved persons. The Committee also notes that section 224 of the Criminal Code establishes sufficiently effective penalties of fines or imprisonment for the violation of labour rights, including provisions for the special protection of youth. It further notes that section 172(1) of the Labour Law provides for fines amounting to 10–300 times the minimum wage in Montenegro for violation of the provisions of the labour legislation, including the provision of section 17 (conditions for employment of persons under 18 years). The Committee requests the Government to provide information on the practical application of the abovementioned penalties.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that according to section 4 of the Law on Primary Education of Montenegro, primary education which lasts for nine years shall be free and compulsory for all children from the age of 6 to 15 years. It also notes that, according to the National Report of the Ministry of Education and Science of the Republic of Montenegro (August 2004, pages 24 and 25), equal access to education for all children in Montenegro has always been one of the main goals of the Ministry of Education and Science. Equity in education, regardless of the national affiliation, race, gender, language, religion and social background is guaranteed under section 9 of the General Law on Education. The Committee notes that according to UNESCO EFA Global Monitoring Report, 2008, in Montenegro, the net attendance ratio is 98 per cent in primary school and 84 per cent in secondary school. Furthermore, according to the UNICEF – Country Profile: Education in Montenegro, the Government has introduced several educational reforms since 2001, such as the adoption of a “Book of changes of the educational system” which is a progressive and comprehensive education reform calling for improved quality, access and equality of education; the extension of compulsory education to nine years; the establishment of a national forum for monitoring progress towards achieving the Education for All (EFA) goals; and the adoption of a Plan of Action for Children 2004–10 which has education as one of its strategies. The Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates, especially at the secondary level so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to provide updated statistical information on primary and secondary school attendance and drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee notes that according to a report by the International Organization for Migration (IOM) entitled “Migration Profile of Montenegro, 2007”, Montenegro is primarily a country of transit for foreign victims from south-eastern countries going towards Western Europe. It is increasingly becoming a country of origin as well as destination. The estimates for 2004–05 indicate that internal trafficking is on the increase. The report further states that only a limited number of victims were identified throughout 2000–07 which included 60 foreign victims and 32 Montenegrin victims with 70 per cent being minors. Information from this report indicates that the Government has adopted in 2003 a National Strategy for Fighting against Trafficking in Human Beings, comprising a National Plan of Action against child trafficking, with main focuses on prevention, prosecution and protection. Within the framework of this strategy, a national team, a national coordinator, a special crime unit, an organized crime unit, an anti-trafficking tip line, and a separate working group for combating trafficking in children was established by the Government. The Ministry of Education set up an action plan with the objective of raising awareness on trafficking and ways to recognize potential risks through workshops within school programmes. The Committee further notes the information contained in the IOM report that in Montenegro currently there are three shelters for victims of trafficking, one of which was funded by the Government, and which housed 28 victims in 2005 and five potential victims in 2006. It also notes that a Law on a witness protection programme was adopted in 2004 which contains provisions providing for protection and a temporary residence status for foreign victims of trafficking. The Committee requests the Government to continue its efforts to combat internal as well as external trafficking in children for labour and sexual purposes, and to provide information on the measures taken in this regard. It also requests the Government to provide information on the impact of the measures taken within the National Strategy for Fighting against Trafficking in Human Beings, in terms of the number of children withdrawn from trafficking and rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that according to the UNICEF Report on Education in Montenegro, the estimates by the Monitoring Education of Roma Children 2006 indicate that only 7 per cent of the Roma school-age population has been enrolled in the school system – 85 per cent in primary school out of which only 20 per cent completed primary school; 8 per cent in secondary school; and 7 per cent in tertiary school. The Committee notes that the project “Roma Education Initiative” (REI) was implemented in September 2004 with UNICEF, the Foundation Open Society Institute and the Ministry of Education and Science as its implementing partners. This project is aimed at enabling the inclusion of a higher number of Roma children into the regular/formal school system. Special emphasis is placed on children aged 3 to 11 years. The provision of free textbooks and transportation for all Roma children are also provided within this project. The Committee notes that the Ministry of Education and Science introduced an Action Plan on Integration of Sustainable Development into Educational System 2007–09 which aims: to ensure a sustainable system of teacher training and quality implementation of educational system reform for teachers in schools with Roma, Ashkelia and Egyptian (RAE) children; to work on adjusting 20 per cent of teaching contents within the school curricula to promote RAE children; and to design a National Strategy for Roma. The Committee encourages the Government to continue to take concrete measures within the framework of Roma Education Initiative and the Action Plan Integration of Sustainable Development into Educational System 2007–09 to promote access of Roma children to education, thereby preventing them from being engaged in the worst forms of child labour. It also requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment rates and reducing school drop-out rates of Roma children.