Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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.