Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee previously noted that section 444 of the Criminal Code criminalizes trafficking in persons for both sexual and labour exploitation as well as for use in armed conflicts and establishes penalties ranging from one to ten years of imprisonment. It also noted that the Law on Amendments of the Criminal Code (adopted on 22 April, 2010) also criminalizes the use of services from victims of trafficking (section 444(7)). The Committee further noted that, during the period from 2004 to 2011, the competent courts handed down a total of 37 judgments for cases under sections 444 and 445 (trafficking of children), including 22 convictions involving 27 persons.

The Committee notes the Government’s information in its report that the Law on Amendments to the Criminal Code, adopted on 29 June 2017, entails amendments to section 201 on pandering and section 444 on trafficking in persons. Consequently, the penalties for pandering (organized prostitution for profit) was increased from a fine or imprisonment of one year to imprisonment from three months to two years. Regarding section 444, “dispossession of personal documents”, a component of the crime of trafficking, was extended to “dispossession, confiscation or destruction of personal documents, forgery of personal documents and obtaining or creating forged documents”. The Government indicates that, since 2016, one proceeding was initiated concerning trafficking in persons for the purpose of sexual exploitation, involving two offenders and a child victim, and that the case is still in process. Moreover, the labour inspection carried out inspection activities in informal sectors, as well as in the tourism sector during summer. The labour inspectorate intensively cooperates with all relevant authorities, including the Office for Combating Trafficking in Persons and the Ministry of Interior. The Government also states that a large number of trainings were carried out by specialized institutions in order to strengthen the capacity of relevant officials, as well as other actors involved in combating trafficking.

The Committee also notes from the report of 2016 by the Group of Experts on Action against Trafficking in Human Beings concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Being (the 2016 GRETA report) that, there were two investigations for trafficking in 2012, three in 2013, four in in 2014 and one in 2015. As regards the number of prosecutions initiated, there was one in 2013 and another one in 2014. The number of convictions was one in 2012, six in 2013, and one in 2014. The penalties ranged from two years to six years and ten months of imprisonment (GRETA(2016)19, paragraph 153). The Committee further notes that, according to the concluding observations of the UN Committee on the Elimination of Discrimination against Women (CEDAW) of 2017, several potential trafficking cases were tried as crimes carrying lighter penalties, such as the penalty provided for brokering prostitution (CEDAW/C/MNE/CO/2, paragraph 24).The Committee therefore requests the Government to continue its efforts to strengthen the capacity of law enforcement officials, in order to ensure that investigations and prosecutions are carried out against all persons engaged in trafficking in persons. It also requests the Government to provide information on the application of relevant provisions of the Criminal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Plan of Action and monitoring mechanism. The Committee previously noted that the National Strategy for Combating Trafficking in Human Beings for the period 2012–2018 was adopted, focusing on prevention and education; identification of victims of trafficking; assistance, protection and reintegration of victims; efficient prosecution; international cooperation; and coordination and partnership.

The Committee notes from the 2016 GRETA report that, the Office for Combating Trafficking in Human Beings, which is headed by the National Anti-Trafficking Coordinator, is responsible for coordinating the activities of public bodies and NGOs in the implementation of the National Anti-trafficking Strategy and its annual action plans (paragraph 17). The Working Group on monitoring the implementation of the National Strategy, which is chaired by the National Anti-Trafficking Coordinator, comprises representatives of relevant ministries, law enforcement bodies, judiciary, local NGOs and international organizations present in Montenegro (paragraph 18). The Working Group submits biannual reports on the implementation of the National Strategy to the Government (paragraph 26).The Committee requests the Government to provide information on the monitoring results of the implementation of the National Strategy for Combating Trafficking in Human Beings for the period of 2012–2018. Noting that the National Strategy for 2012–2018 will soon come to an end, the Committee requests the Government to indicate whether a new National Strategy is to be developed.

3. Identification and protection of victims. The Committee notes the Government’s information that it provides necessary financial resources for the functioning of the shelter for victims of trafficking, covering the provision of accommodation and other assistances. Vocational training is also provided at the shelter. Moreover, a cooperation protocol was signed between the Office for Combating Trafficking in Human Beings and the Union of Employers of Montenegro, in order to provide employment opportunities to victims. The Committee also notes that, from 2016 to date, eight victims of trafficking were identified (all female).

The Committee notes from the 2016 GRETA report that, from 2012 to 2015, 15 victims of trafficking were identified (all female). Among them, eight victims were subjected to sexual exploitation, three to forced begging and one to domestic servitude. However, there have been no identified cases of trafficking for the purpose of labour exploitation, despite concerns around the situation of seasonal workers from neighbouring countries who are employed in the tourism and construction sectors (paragraph 12). There is only one shelter for victims of trafficking in the country, which can accommodate up to ten persons (paragraph 104). Additionally, the new Law on Foreigners which entered into force on 1 January 2015 contains provisions relevant to the status of trafficking victims, in particular a 90-day recovery and reflection period for victims of trafficking (paragraph 15).

The Committee also notes that, according to the concluding observation of the CEDAW of 2017, Roma, Ashkali and Egyptian women and girls, as well as refugee and asylum-seeking, displaced and internally displaced women and girls and women and girls with disabilities are particularly vulnerable to becoming victims of trafficking. Additionally, state-provided services to assist victims of trafficking are inadequate and under-resourced (CEDAW/C/MNE/CO/2, paragraph 24).The Committee therefore requests the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, paying special attention to girls and women from the Roma, Ashkali and Egyptian communities, as well as other vulnerable groups. It also requests the Government to strengthen its efforts to ensure that adequate protection and assistance is provided to such victims. The Committee further requests the Government to continue providing information on the measures taken and the results achieved in this regard, including the number of victims who have been identified and who have benefited from protection and assistance services.

Article 2(2)(c). Prison labour. The Committee previously noted that the Law on the Execution of Imprisonment, Fines and Security Measures was adopted in 2015, according to which, prison labour shall be used in the Institute for Execution of Criminal Sanctions (hereinafter “the Institute”) only for the purposes of the Institute and to a greater extent within the prison complex. According to section 58, a prisoner who is serving a prison sentence of up to 40 years in the premises of the semi-open or open department, may be referred by the Institute, based on a written consent from the prisoner, to work outside the prison with an employer whose activities are suitable for carrying out the work. The prisoner may withdraw his consent to work, in writing, following which he shall be terminated from work on the last day of the month following the month in which the prisoner withdrew his consent. Moreover, the contract concluded by the Institute with the employer shall contain all the conditions relevant to the prisoner’s employment, including the working conditions, remuneration and types of professional training necessary to perform the job assigned to the prisoner. The Committee also noted that, according to section 55, a prisoner shall work under the supervision of a security officer or control of other officers of the Institute, as well as without the supervision, in cases prescribed by this Law. The Committee requested the Government to indicate the cases in which prisoners are allowed to work without supervision under the Law on the Execution of Imprisonment, Fines and Security Measures of 2015.

The Committee notes the Government’s information that work without supervision is permitted for hygiene work in the premises where prisoners reside. Unsupervised work may also be carried out in an open type prison. However, to date, no open type prison has been established.

Article 2(2)(d). Work or service exacted in cases of emergency. Referring to its previous comments on the guarantees provided for other categories of the population, apart from civil servants and state employees, in relation to cases of emergency, the Committee noted the Government’s reference to sections 49 and 50 of the Labour Law No. 49/08, as amended, on overtime work. According to section 50 of the Labour Law, employees are obliged to work overtime in order to prevent the direct occurrence of danger for the health and safety of people or larger imminent material damages and other emergencies including natural hazards; fires, explosions, ionizing radiation and significant sudden breakdown of facilities, equipment and installations; epidemics or diseases threatening human life or health or endangering livestock or herbal stock or other tangible assets; larger pollution of water, food and other objects for human or livestock nutrition; traffic or other accidents that endanger human life or health or tangible assets to a larger extent; the need to immediately provide urgent medical help or other immediate medical service; the need to perform urgent veterinary intervention; in other cases envisaged by the collective agreement. Section 50(2) further states that this obligation may last until the causes of its introduction are eliminated. The Committee requested the Government to provide examples in which the provision of section 50 of the Labour Law has been used to impose overtime work in relation to “other cases envisaged by the collective agreement”.

The Committee notes the Government’s information that the labour inspectorate is not familiar with other cases of overtime work, expect for those envisaged by law in cases of emergency. Additionally, in 2015, the labour inspectorate detected one case where the employer imposed overtime work without following the legal procedures, who was then punished in accordance with the law.