Enhancing CSO involvement in UPR monitoring and advocacy SECOND UPR CYCLE IN MONTENEGRO -Summary of UPR recommendations and key implementation challenges - Podgorica, July 2015 © Centre for Democracy and Human Rights (CEDEM) Publisher: Centre for Democracy and Human Rights - CEDEM (www.cedem.me) For Publisher: Nenad Koprivica, M.A. Report drafted by: Centre for Democracy and Human Rights (CEDEM) Child Rights Centre of Montenegro Civic Alliance Coalition of the Associations of Paraplegics of Montenegro MogUL Proofreading: Centre for Democracy and Human Rights (CEDEM) Design and graphics: Copy Center, Podgorica The report was prepared within the framework of the project Enhancing CSO involvement in UPR monitoring and advocacy supported by the Balkan Trust for Democracy. The report is the sole responsibility of the author and does not reflect necessarily the views of the Balkan Trust for Democracy. 2 Contents Foreword................................................................................................................................................ 4 I Review of Montenegrin Mid-Term Report on the implementation of UPR recommendations .............. 5 II Overview of individual UPR recommendations .................................................................................. 6 Centre for Democracy and Human Rights – CEDEM .................................................................. 6 MogUl ......................................................................................................................................... 6 Civic Alliance ............................................................................................................................ 12 Child’s Rights Centre of Montenegro ........................................................................................ 20 Coalition of the Associations of Paraplegics of Montenegro ..................................................... 30 III Conclusions and recommendations ................................................................................................. 35 3 Foreword The Universal periodic review of the condition of human rights (UPR) constitutes an important mechanism for the monitoring of human rights situation in the UN member states. It was created by the UN General Assembly Resolution 60/251 in 2006 and it has been applied as of 2008. The UPR was established with a view of ensuring efficient mechanism for the monitoring of the condition of human rights, but also of exerting additional political pressure on Member States to ensure effective protection of human rights within national frameworks. During a four-year UPR cycle, the situation of human rights is reviewed in all UN Member States. After each review, final report is drawn up with the recommendations which the state is to implement until the next cycle. Due to the lack of capacities of the UN bodies to monitor directly the implementation of international human rights standards in one country, the role of nongovernmental organizations in the UPR process is very important, especially with regards to monitoring and public advocacy of efficient implementation of the UPR recommendations, in compliance with the international standards. The report in front of you is the result of work of the NGO coalition gathered around the project Strengthening the Participation of CSOs in Monitoring and Public Advocacy of the UPR Process which is implemented by the Centre for Democracy and Human Rights (CEDEM) and Civic Alliance (CA). Besides these two organizations, the UPR Coalition in Montenegro includes also the Child Rights Centre of Montenegro, Coalition of the Associations of Paraplegics of Montenegro and MoGul. The Report offers an insight into the results and course of the implementation of the UPR recommendations obtained within the framework of the second UPR cycle. Besides offering the overview of the condition in the areas which the UPR recommendations pertain to, the Report is aimed at contributing to the greater interest of CSOs for the participation in the UPR process, as well as to the greater visibility of their activities related to the promotion and protection of human rights. More information on the UPR process and documents developed so far can be consulted on the http://www.gamn.org/upr/. The Report is based on the findings of human rights monitoring projects being implemented by the members of the UPR Coalition, but also on their experiences and observations in direct work with the victims of human rights violations, as well as on the data, conclusions and assessments on the condition of human rights in Montenegro contained in the reports of public administration bodies, Ombudsman and judicial bodies. We take this opportunity to thank all the organizations and individuals who were involved in the preparation of this report, as well as to the Ministry of Foreign Affairs and European Integrations and the Ministry of Human and Minority Rights which coordinate the UPR process in Montenegro, and also to other bodies which are part of this process. Special gratitude is owed to the Balkan Trust for Democracy (BTD) which recognizes the importance of the UPR process in Montenegro and offers multiannual support to the strengthening of civil society organizations to take active part in the same. UPR Coalition in Montenegro Podgorica, July 2015 4 I Review of Montenegrin Mid-Term Report on the implementation of UPR recommendations In 2013, Montenegro presented the second National report on the condition of human rights in Montenegro, which was adopted at the plenary session of the Human Rights Council, held in Geneva on 7th June of the same year. Countries participating in the interactive dialogue which reviewed the condition of human rights in Montenegro, defined 124 recommendations, of which 121 were accepted by Montenegro, 3 recommendations were not accepted, while 1 was partly accepted. The majority of recommendations are related to the rights of the child (12), freedom of opinion and expression, and freedom of conscience (12), rights of minority nations and Roma (11), fight against discrimination (10), reform of judiciary and fight against corruption (10), rights of refugees, displaced and internally displaced persons (8), fight against domestic violence and violence against women and children (8), national human rights institutions (7), rights of the persons with disabilities (6), rights of women (6), rights of LGBT persons (6) and fight against human trafficking (4). In March 2014, the Government of Montenegro drew up UPR Recommendations Implementation Plan, harmonized with the current strategic documents for the improvement of the condition of human rights, especially with the Action Plan for negotiation chapter 23. In June 2015 Mid-term Report was developed on the Implementation of Recommendations Received during the Second Cycle of the Universal Periodic Review, for the period 2013 – 2015. The Report was developed through the participation of the competent institutions (Government – via competent ministries, judiciary and prosecution offices, Ombudsman), international organizations, as well as several nongovernmental organizations (Civic Alliance, CEDEM, Association of Paraplegics of Podgorica, Child Rights Centre, Roma Education Fund and Democratic Centre of Bijelo POlje) which made the process more participatory one. The Ministry of Foreign Affairs and European Integrations (MFAEI) coordinated the development of the Mid-term Report. According to this report, 16 recommendations have been implemented so far, the implementation of 102 recommendations is ongoing, while the implementation of 6 recommendations has not started yet. The report states that “the implementation of the recommendations largely means continuous human rights improvement processes, thus most of the recommendations in the Report are marked as “implementation ongoing”. From the point of view of methodology, it is commendable that the implementation of the recommendations was based on previously prepared Implementation Plan agreed upon at the inter-departmental level. However, there is a room for improvement wits regards to the format and content of the Plan, and it would be useful for future UPR plans to be drawn up following matrix principle (so that beside the expected result they also contain measurable performance indicators, as well as the explanation why certain commendation has not been implemented or not implemented within the prescribed deadline). It is particularly important for the Government to start preparing the National Plan for the Implementation of Recommendation of Treaty Bodies and UN Mechanisms for Human Rights, Cooperation with Treaty Bodies within the Framework of Reporting and Continuous Monitoring of the Implementation of UN Recommendations – Recommendation 117.9 (envisaged by the Work Programme of this body for 2015), in 5 order to enable efficient and continuous monitoring and regular reporting on fulfilling international commitments of Montenegro with regards to promotion, exercise and protection of human rights. In relation to the degree of implementation of the UPR recommendations, the Report puts an emphasis on legislative changes – ratification of international conventions (Convention on the reduction of statelessness from 1961, Convention on preventing and combating violence against women and domestic violence, Optional Protocol to the Convention on the Rights of the Child OP-CRC-IC and Optional Protocol to the International Covenant on Economic, Social