Forced Labour Convention, 1930 (No. 29) - Montenegro (Ratification: 2006)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes 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. The Committee also notes 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 notes from the report by the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, that a series of action plans were adopted following the National Strategy for the Fight against Human Trafficking 2004–11 which sets out the national policy and priorities for the conduct of anti-trafficking activities with emphasis on protection, prevention and prosecution. The GRETA further welcomed the various efforts taken by the Government in the area of prevention of trafficking in persons, in particular in the context of education, public awareness campaigns as well as training for the relevant professionals working in the field of prevention of trafficking in persons and protection of its victims. Moreover, the Government adopted the National Strategy for Combating Trafficking in Human Beings for the period 2012–18 focussing 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 document on the National Strategy of 2012–18 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 that the Human Rights Committee of the United Nations, in its concluding observations of 21 November 2014, expressed concern at the prevalence of trafficking in persons, particularly of Roma, Ashkali and Egyptian girls and women and at the low number of prosecutions and the lenient sentences imposed on traffickers (CCPR/C/MNE/CO/1, para. 14). The Committee requests the Government to take the necessary measures to strengthen the capacities of the police, labour inspection, prosecution authorities and other relevant professionals to improve identification of the victims of trafficking, particularly of girls and women from the Roma, Ashkali and Egyptian communities. It also requests the Government to ensure that investigations and prosecutions are carried out and adequate penalties are imposed under section 444 of the Criminal Code. In this regard, it requests the Government to take the necessary measures to implement the main components of the National Strategy for Combating Trafficking in Human Beings 2012–18 relating to prevention, protection and assistance for victims and prosecution. It asks the Government to provide information on the measures taken or envisaged in this regard and on their impact on combating trafficking in persons. Finally, it requests the Government to continue providing information on the number of prosecutions initiated, convictions and specific sentences imposed under section 444 of the Criminal Code.

Articles 1(1) and 2(1). 1. Freedom of civil servants to leave their service. Following its previous comments on the application of sections 122 and 124 of the Law on Civil Servants and State Employees of 2013, concerning voluntary resignation from service of civil servants, the Committee notes the Government’s indication, in its report that to date, no requests for resignation from service of civil servants have been rejected.

2. Freedom of career members of the armed forces to leave their service. The Committee previously noted that, under section 115(13) of the Law on the Armed Forces of Montenegro No. 88 of 2009, as amended up to 2014, career military officers can voluntarily terminate their service upon the submission of a resignation request in writing. The Committee notes the Government’s statement that application for voluntary termination of service by professional armed forces personnel cannot be rejected. However, according to section 173 of the Law on Armed Forces, the Minister may prolong the service of members of the armed forces in a state of war or emergency for as long as such services are necessary to provide combat efficiency of a unit during such situation.

Article 2(2)(c). Prison labour. The Committee previously noted that pursuant to section 37 of the Law on the Execution of Criminal Sanctions No. 25/94, convicts shall be provided with work in accordance with their physical and mental capacities, and professional qualifications. It requested the Government to indicate the guarantees provided to ensure that convicted persons are not hired or placed at the disposal of private individuals, companies or associations.

The Committee notes the Government’s statement that so far, there have been no recorded cases that any convicted person was hired or placed at the disposal of private individuals, companies or associations. It also notes the Government’s information that the Parliament adopted a new Law on the Execution of imprisonment, fines and security measures of 2015 which repealed the Law on the Execution of Criminal Sanctions. According to the Government’s report, prison labour, as covered under the new Law of 2015, 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. The new Law of 2015 further states that the prisoners may be sent to work outside the prison on the following conditions stipulated under 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;
• -the prisoner shall not be sent to work on difficult or risky jobs or those requiring specific qualifications that the prisoner has not acquired; and
• -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 finally notes that according to section 55 of the new Law of 2015, 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 requests 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.

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 notes 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 requests 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 envisage by the collective agreement”.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to leave their service. The Committee notes from the Government’s report that, under section 124 of the new Law on Civil Servants and State Employees, which entered into force on 1 January 2013, civil servants may voluntarily resign from service upon the submission of a written request for resignation, subject to a notice period of 30 days. The Government indicates that, pursuant to section 122 of the Law, a head of the state authority must adopt a decision concerning termination of employment within eight days. It also states that the Law does not contain provisions prescribing the grounds for refusal of a resignation request. While noting these indications, the Committee requests the Government to provide information on the application of sections 122 and 124 in practice, indicating, in particular, whether any resignation requests have been refused, and, if so, what constituted the grounds for refusal. Please also communicate, with the next report, a copy of the new Law on Civil Servants and State Employees referred to above.

Freedom of career members of the armed forces to leave their service. The Committee previously noted that, under section 115(13) of the Law on the Armed Forces of Montenegro, career military officers can voluntarily terminate their service upon a submission of a resignation request in writing. The Committee notes the Government’s indication in its report that a decision on such a request must be taken under an urgent procedure, within a maximum period of 20 days. The Committee again requests the Government to indicate whether the resignation request can be refused, and if so, what could be the grounds for refusal.

Article 2(2)(c). Prison labour. The Committee notes the Law on the Execution of Criminal Sanctions supplied by the Government with its report. It observes that, under section 37 of the Law, convicts shall be provided with work in accordance with their physical and mental capacities, professional qualifications and the needs of their treatment. The Committee once again requests the Government to indicate, in its next report, what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also supply a copy of the Rules for the Execution of Sentences of Imprisonment, to which reference is made in the Government’s report.

Article 2(2)(d). Work or service exacted in cases of emergency. The Committee previously requested the Government to indicate what guarantees are provided to ensure that the power to requisition labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Committee notes the Government’s indication in its report that, under section 49 of the Law on Civil Servants and State Employees, civil servants and state employees shall perform tasks which do not correspond to their professional qualifications in cases of force majeure, natural and other hazards, etc., as long as the situation and circumstances so require, but not longer than three months. While noting this indication, the Committee requests the Government to state, in its next report, whether similar guarantees are provided, in relation to cases of emergency, for other categories of the population, apart from civil servants and state employees, and to indicate the relevant legislative provisions.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee notes the information on the application in practice of sections 162, 165 and 444 of the Criminal Code, which punish with sanctions of imprisonment the penal offences of unlawful deprivation of liberty, coercion and trafficking in human beings, as well as copies of the court decisions handed down under these provisions, communicated by the Government with its report. The Committee hopes that, in its next report, the Government will also provide the information on the application in practice of section 446 of the Criminal Code, which punishes with imprisonment the offence of “submission to slavery”, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to leave their service. The Committee notes that, according to section 99 of the Law on Civil Servants and State Employees, civil servants may voluntarily resign from service upon the submission of a written request for resignation, respecting a minimum notice period of seven days. The Committee requests the Government to indicate whether the resignation request can be refused and, if so, what could constitute grounds for such refusal.

Freedom of career members of the armed forces to leave their service. The Committee notes the Government’s indication in the report that, according to section 115(13) of the Law on the Armed Forces of Montenegro, career military officers might voluntarily terminate their employment upon the submission of a written resignation request. The Government also indicates that such requests are resolved under an urgent procedure and within a maximum period of 30 days. The Committee requests the Government to indicate whether the resignation request can be refused and, if so, what could constitute grounds for such refusal.

Article 2(2)(c). Prison labour. The Committee notes the Government’s statement in the report that, under the Law on Execution of Criminal Sanctions, convicts shall be provided with work in accordance with their physical and mental capacities, professional qualifications and needs of their treatment. The Committee further notes that by virtue of article 63 of the Constitution, any work or service performed as a consequence of a conviction in a court of law shall not be considered forced labour. The Committee requests the Government to provide an updated and consolidated text of the Law on Execution of Criminal Sanctions, as well as copies of any other provisions governing the work of persons serving a sentence of imprisonment, indicating, in particular, what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations.

Sentence of community service. The Committee notes the Government’s explanations concerning the execution of sentences of community service. It requests the Government to provide a copy of the new Law amending the Law on the Execution of Criminal Sanctions as soon as it is adopted.

Article 2(2)(d). Work or service exacted in cases of emergency. The Committee notes the Government’s indication in its report that cases of emergency are regulated in the Constitution, which provides, in article 25, that the exercise of certain human rights and liberties might be limited, to the necessary extent, during a proclaimed state of war or emergency. It also notes that article 63 of the Constitution excludes from the definition of forced labour any work demanded in case of crisis or accidents threatening human lives or property. The Committee requests the Government once again to indicate what guarantees are provided to ensure that the power to requisition labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the exaction of forced or compulsory labour. In its previous comments, the Committee requested the Government to provide information on the application in practice of sections 162, 165, 444 and 446 of the Criminal Code of Montenegro, 2004, which punish with imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery. Noting that the Government’s latest report contains no information on this issue, the Committee hopes that the Government will not fail to provide, in its next report, the information requested. Please also provide sample copies of relevant court decisions handed down under the above provisions of the Criminal Code, indicating the penalties imposed.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report on the application of the Convention. It notes, in particular, the Government’s statement that compulsory military service in Montenegro has been abolished. The Committee also notes the comments on the application of the Convention made by the Union of Free Trade Unions of Montenegro communicated by the Government. The Committee requests the Government to provide, in its next report, copies of laws and regulations governing the execution of criminal sentences, as well as additional information on the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to terminate their service. Please indicate provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). Work or service exacted as a consequence of a conviction in a court of law. 1. Please provide information on provisions governing the work of convicted persons and supply copies of relevant texts. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations.

2. Sentence of community service. The Committee previously noted the provisions of section 41 of the Criminal Code of Montenegro, 2004, concerning a sentence of community service. The Committee noted that a sentence of community service can be imposed by a court for criminal offences punishable with imprisonment not exceeding three years and should be performed by a convicted person free of charge within the period that cannot be longer than six months. If such service is not properly performed, it may be converted into a sentence of imprisonment. The Committee also notes that no sentence of community service can be imposed without the perpetrator’s consent.

The Committee requests the Government to indicate, in its next report, the types of work to be performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service shall be performed, stating, in particular, whether it may be performed only for the State or other communal institutions, or also for private institutions and associations acting in the community interest.

Article 2(2)(d). Work or service exacted in cases of emergency. Please provide a copy of legislation governing the state of emergency. Please indicate what guarantees are provided to ensure that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the penal provisions punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 162, 165, 444 and 446 of the Criminal Code of Montenegro, 2004). The Committee requests the Government to provide information on the application of these provisions in practice, supplying sample copies of relevant court decisions and indicating the penalties imposed.