Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Monténégro (Ratification: 2006)

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”.