Human Rights in Montenegro
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MONTENEGRO Program: Monitoring of Human Rights in Montenegro Human Rights in Montenegro - 2010 Podgorica, February 2011 Monitoring programme and human rights protection programme implemented by YIHR MNE with the assistance and cooperation of Civil rights defenders Youth Initiative for Human Rights, Montenegro February 2011 Publisher Boris Raonić Authors Boris Raonić Milan Radović Edina Hasanaga Čobaj Marija Vujović Dejan Minić Denis Zvrko Proofreading Jelena Vukoslavović Ristović Translation Jelena Vukoslavović Ristović Design Nikola Milenković Print AP print, Podgorica 400 copies CONTENT I Previous information ...........................................................................................5 II Legislation and institutional framework of protection in human rights area .......7 III Facing past ......................................................................................................15 IV Torture ............................................................................................................21 V Politically motivated violence ............................................................................41 VI Free legal aid ...................................................................................................49 VII Freedom of expression ....................................................................................55 VIII Religious freedom .........................................................................................65 IX Discrimination ................................................................................................69 X Minority rights .................................................................................................81 XI Status of displaced persons .............................................................................85 XII Economic and social rights .............................................................................89 XIII Reports on the state of human rights ............................................................97 XIV Conclusions and recommendations ..............................................................99 3 I Previous information Youth Initiative for Human Rights conducts monitoring of respect of human rights in Montenegro for the fifth year in a row and informs public about results through annual and quarterly reports. This report comprises areas which we identified through our work as the most concerning ones: freedom of expression, facing past, politically motivated violence, religious freedom, torture, discrimination, status of HIV positive persons, minority rights, status of displaced persons, and economic and social rights. YIHR team, composed of six members, worked on the research and development of the report, and was fully supported by Civil Rights Defenders (former Swedish Helsinki Committee), YIHR offices in the region, NGO “Monte Vita”, Center for Democratic Transition (CDT), and UNHCR. YIHR used techniques of researching on the terrain, press clipping, analysis, interviews, and SOS line. Information in the report were collected until December 31, 2010. Political situation in 2010 marked fulfilling of commitments, and further progressing towards Euro-Atlantic integrations. At the beginning of 2010, answers on 673 additional questions required by European Commission were sent. Montenegro sent two contingents of soldiers for peacekeeping mission in Afghanistan. Local INFORMATION I PREVIOUS elections took place on May 23, 2010 in 14 municipalities. Parliamentary preparation and debate on harmonization on electoral legislation has not been finished yet, and the compromise on the model of representation of minorities has not been achieved yet while the deadline has been delayed for the fifth time. On September 6, 2010, the Government of Montenegro submitted to European Commission Factographic report, on all implemented activities since submitting additional answers to the EU questionnaire until September. European Commission adopted and expressed on November 9, 2010 positive opinion on candidacy of Montenegro. Montenegro has to fulfill following commitments in a view of starting up accessing negotiations: harmonization of electoral legislation with the Constitution, strengthening administration and depoliticization of administration and judiciary, establishing the rule of law, fight against corruption and organized crime, and it is also important to provide freedom of media and implementation of policy for prohibition of discrimination, and resolving the status of refugees. On December 17, 2010, Montenegro became the candidate for membership in the EU but with no date for the beginning of negotiations, because it previously has to fulfill seven conditions of European Commission. At the end of the year, Milo Đukanovic, Prime Minister, resigned and the new Government has been established, led by Igor Lukšić. 5 According to the Report of Court for Human Rights in Strasbourg, during 2010, overall number of applications from Montenegro, allocated to judicial formation was 305. It had been considered 47 applications, but 45 were rejected because they were inapplicable, while two were adopted when verdicts against Montenegro had been rendered. I PREVIOUS INFORMATION I PREVIOUS 6 II Legislation and institutional framework in human rights area Legislation – Parliament of Montenegro adopted Law on prohibition of discrimination, on July 27, 2010. Thus, Montenegro is the last country in the region which adopted this law. Although the adoption of Law on prohibition of discrimination is encouraging, the law has not become applicable during 2010, because all objections that arrived from civil sector and other participants were not adopted on public debate. Proposal of YIHR for adopting this law jointly with the set of laws on human rights, which are in preparation, was not adopted as well, and that is related to Law on free legal aid and Law on Protector of human rights and freedoms. According to Law on prohibition of discrimination, Ombudsman shall be responsible for the oversight of implementation of this law, however, according to the current Law, Ombudsman does not have these competences. Ministry for human and minority rights worked on the bill of Law on protector of human rights and freedoms. Some MPs at the Parliament of Montenegro warned that the that the budget of Ombudsman’s Office, planned for 2011, was insufficient for implementation of new competences. Ministry for human and minority rights finished the work on development of bill of Law on Protector of human rights and freedoms and the Government confirmed the Draft of the Law at the assembly, which took place on June 23, 2010. This bill of Law proposed decisions on establishing national mechanisms for prevention of torture and protection from all forms of discrimination in the institution of Protector. However, the Parliament of Montenegro did not adopt the Law in 2010, and the decision making on the Law was delayed for the session at spring. For that reason, Law on prohibition of discrimination shall not be applicable yet. Public debate took place in July 2010, and YIHR submitted objections on proposal of law to all MP clubs, in order to initiate changes of the law before being adopted. YIHR considers that, according to the new law, Ombudsman should have following competences: to act in cases when discrimination occurs in private sector; to process cases of violation of human rights before judicial bodies, by submitting criminal charges; to act after anonymous complaints; to legally define coordination with NGOs and media; to submit reports to the Parliament two times a year. Some MPs in the Parliament of Montenegro warned that the budget of Ombudsman’s Office, planned for 2011, is not enough for implementation of new competences. Ministry for human and minority rights finished the work on drafting the proposal of Law on Protector of human rights and freedoms, and the Government in human rights area of protection II Legislation and institutional framework confirmed proposal of the Law at the Assembly, which took place on June 23, 2010. Parliamentary Board for human rights and freedoms, institution of Ombudsman and Ministry for human and minority rights, in joint work on improvement of the text of 7 bill of law at several assemblies of the Board developed better text than the one which was proposed, adopting one amendment of MPs from both opposition and authority, which contained our previously mentioned suggestions. The Board emphasized that the aim was to develop the best possible text of the Law. However, at the fifth assembly of the Parliament of Montenegro where, after the debate, should have been voted on law that finally achieved the level of quality due to adopted amendments, it had not been voted. Opposition MPs told YIHR researcher that these amendments were occasion to the President of the Parliament not to allow decision making on this law, therefore Law on Protector of human and minority rights was not adopted at the Assembly in 2010. Return of the Law to proposers, on new development after being voted by majority, President of the Parliament explained by large number of amendments. Opposition MPs accused the President of the Parliament saying he had returned the Law because amendments of his party were not adopted, prescribing five years experience instead of ten years, as the condition for election of Deputy Ombudsman, while Faculty of social science was not the condition but the faculty on any other area. Opposition MPs connected