Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Monténégro (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 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.