Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Montenegro (Ratificación : 2006)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Plan of Action implementation and monitoring. The Committee takes due note of the Government’s information that the National Strategy for Combating Trafficking in Human Beings 2012–2018 has been fully implemented and that a new Strategy for the fight against human trafficking for the period 2019-2024 has been adopted. The objective of this new Strategy is to enhance the efficiency and functionality of the system in the four key strategic areas of prevention, protection, prosecution and partnership. The Committee notes that the Coordinating Body for Monitoring the Implementation of the Strategy, a multi-sectoral body which consists of representatives of state bodies, state administration institutions, judicial bodies, human rights officials and NGOs, is responsible for preparing and monitoring the implementation of action plans within this Strategy. The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons and requests it to provide information on the specific activities carried for the effective coordination and implementation of the National Strategy for Combating Trafficking in Human Beings. It also requests the Government to provide information on the results of the monitoring of the action plans undertaken by the Coordinating Body for Monitoring the Implementation of the Strategy, the challenges identified, and the measures contemplated as a consequence.

2. Identification and protection of victims. The Committee notes the Government’s information that in 2019, a Team for Formal Identification of Victims of Trafficking (Team) was established within the Ministry of Interior and a Standard Operating Procedure for the identification of victims of trafficking was developed. The Team operates 24 hours a day and is responsible inter alia to coordinate the initial referral and protection of persons presumed to be victims of trafficking, carry out the procedure of formal identification of victims, visit locations where vulnerable categories reside and achieve communication and cooperation with local partners. The Government indicates that, in 2020, the Team analysed a total of 15 cases involving 59 persons who were at risk of becoming victims of trafficking, of which 52 persons (31 male and 21 female) were assigned victim status. Out of this, 39 of the adult victims were identified as victims of labour exploitation. In 2021, the Team conducted eight field visits, carried out formal victim identification procedure in relation to 11 persons, of which five persons (all minors) were identified as victims of trafficking. All these victims were provided accommodation in specialised shelters for victims of trafficking. In 2022, the Team worked on 17 cases and victim status was granted to 12 persons, (9 female and 3 male), including seven minors.

The Committee further notes the Government’s reference to a wide range of awareness raising activities, seminars and training activities on identification and referral of victims of trafficking made available to the representatives of the competent authorities, as well as representatives of sectors whose professional workers may come into contact with victims of trafficking. In addition, a guideline for police officers for conducting interviews with persons suspected of being victims of trafficking was prepared by the Department for Combating Human Trafficking. The Government also indicates that following the adoption of the Law on International and Temporary Protection of Foreigners, 2018, all procedural steps are taken to identify presumed victims of trafficking and ensuring their adequate referral as well as addressing the issue of their vulnerability.

The Committee welcomes these measures and requests the Government to continue its efforts to ensurethat the Team for Formal Identification of Victims of Trafficking and other relevant entities have the capacity to act proactively to identify victims of trafficking in persons, for both labour and sexual exploitation, and provide them with appropriate assistance for their recovery and rehabilitation. Furthermore, the Committee requests the Government to continue to provide information on the measures taken in this regard.

3. Prosecution and law enforcement. The Committee notes the Government’s information that to achieve better results and increase the number of investigations and processing of cases of trafficking in persons, the Department for the Suppression of Human trafficking, Smuggling and Illegal Migration was established within the Police Directorate-Criminal Police Sector. This department monitors trafficking related issues, study its trends and solve criminal cases related to trafficking and illegal migration in cooperation with the competent prosecutor’s office and other state administration bodies. In addition, an Operational Team for the Fight against Human Trafficking headed by the State Prosecutor and consisting of representatives of the Ministry of Interior/Police Directorate, State Prosecutor’s Office and the Ministry of Justice was formed. The key tasks of this Operational team include: initiation and efficient processing of human trafficking cases; coordination of activities and harmonization of work with relevant stakeholders; identification of victims; gathering information about financial assets acquired through human trafficking and other criminal acts; and achieving international cooperation through direct contact with the police in countries in the region and participation in joint investigative teams.

The Committee also notes the detailed information provided by the Government on the various trainings and seminars related to trafficking in persons provided since 2019 to law enforcement officials, including by the Center for Training in the Judiciary and the State Prosecutor’s office. According to the statistical information provided by the Government, from 2019 to 2021, the police filed 15 cases against 17 persons, the State prosecutor’s office filed eight indictments and the courts handed down five verdicts. The Committee encourages the Government to continue its efforts to strengthen the capacity of law enforcement officials to ensure that proper investigations are carried in all cases of trafficking in persons so that prosecutions are initiated and deterrent penalties imposed on perpetrators. The Committee requests the Government to continue to provide information on the results of the studies on trafficking trends conducted by the Department for the Suppression of Human trafficking, Smuggling and Illegal Migration, the number of investigations and prosecutions carried out, the specific penalties applied, including confiscation of assets, as well as on the difficulties encountered in bringing perpetrators to justice.