Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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.