Organised by the Parliament of Montenegro, the NGO “Civic Alliance”, and the Institution of the Protector of Human Rights and Freedoms of Montenegro, a press conference was held today on the occasion of celebration of the sixtieth anniversary of entering into force of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The following spoke at the conference: Chairperson of the Committee on Human Rights and Freedoms, Mr Halil Duković, MD; Protector of Human Rights and Freedoms of Montenegro Mr Šućko Baković; representative of the European Commission in Montenegro, Head of the Political, European Integration and Trade Section, Mr Alberto Cammarata; as well as Coordinator of Human Rights Programme in the NGO “Civic Alliance”, Mr Milan Radović.
Citing that the European Convention for the Protection of Human Rights and Fundamental Freedoms represents one of the most significant documents from the field of human rights, Chairperson of the Committee on Human Rights and Freedoms, Mr Halil Duković, MD, reminded that it was signed in Rome, on 4 November 1950, and that it entered into force on 3 September 1953. The European Court of Human Rights in Strasbourg was established in 1959 under the European Convention on Human Rights and Fundamental Freedoms. The Court decides on the applications of the individuals or countries in which there were claims that there had been a violation of civic and political rights guaranteed under the European Convention on Human Rights. As of 1998, this Court has been in session as a permanent court, and had issued more than 10,000 rulings so far, which are binding to the countries of reference, and had resulted in the governments amending their laws and administrative practices in an array of fields. On 11 May 2007, Montenegro became a full-fledged member of the Council of Europe.
Chairperson of the Committee pointed out that Montenegro had clearly set European integration as the path to follow, which implied significant adjustment to the European standards, which meant not only the adopting of laws compliant with the European legislation, but also their implementation. He stated that on its European path Montenegro had fulfilled many obligations expected from it, and he deemed as significant the shift in awareness regarding the importance of respecting human rights and freedoms of all citizens of Montenegro, also emphasising as significant the operations of all institutions in Montenegro, their mutual cooperation, as well as support from the international community.
Chairperson of the Committee on Human Rights and Freedoms reminded that, in accordance with its competence prescribed by the Rules of Procedure of the Parliament, the Committee on Human Rights and Freedoms was significantly contributing to promotion and respect of human rights and freedoms of all citizens of Montenegro. He stated that in March 2013, the Committee adopted the Activities Plan, in the focus of its commitments, in the field of legislative and control function of the Parliament of Montenegro, and that the representatives of relevant institutions of the system, competent ministries, the experts from the field of human rights and freedoms, representatives of international organisations and NGO sector expressed their positive opinions on the planned activities of the Committee, and expressed willingness to cooperate for the purpose of achieving a common goals, and that was the affirmation and promotion of human rights and freedoms in Montenegro.”
Chairperson of the Committee pointed out that, in the first half of 2013, in accordance with Article 68 of the Rules of Procedure of the Parliament, the Committee requested from the state authorities and considered the following:
- Information on proceeding of the Police Administration in accordance with the Recommendations of the Protector of Human Rights and Freedoms of Montenegro provided in the Special Report on the state of detention facilities of the Police Administration from 2011 (to the Committee level);
- Report on Sexual Abuse of Children in Montenegro, submitted by of the Protector of Human Rights and Freedoms of Montenegro (to the Committee level);
- National Report on the State of Human Rights in Montenegro within the second cycle of the Universal Periodic Review of the United Nations (period 2008-2012), presented at the meeting of the Human Rights Council in Geneva, on 28 January 2013;
- Report on the state of human rights by the Protector of Human Rights and Freedoms of Montenegro for the purposes of Universal Periodic Review of the United Nations;
- Report on Protection of the Rights of the Child drafted by ten NGOs for the purposes of drafting the National Report on the State of Human Rights in Montenegro within the second cycle of the Universal Periodic Review of the United Nations (period 2008-2012);
- Information on the international legal proceedings against Montenegro before the European Court of Human Rights, which, in accordance with article 68 of the Rules of Procedure of the Parliament of Montenegro, was submitted to the Committee on Human Rights and Freedoms by the Representative of Montenegro before the European Court of Human Rights;
- Report of Protector of Human Rights and Freedoms of Montenegro as the National Prevention Mechanisms (NPM) on the state in the Remand Prison Podgorica (to the Committee level);
- Report of Protector of Human Rights and Freedoms of Montenegro on the abuse of children via the Internet (to the Committee level);
- Report of Protector of Human Rights and Freedoms of Montenegro on protection against discrimination (to the Committee level);
- Information on implementation of Strategy for Improving the Position of RAE population in Montenegro for the period 2012 - 2016;
- Strategy for Promotion of the Quality of Life of LGBT persons for the period 2013 - 2018;
- 2012 Performance Report of the Centre for Development and Preservation of Culture of Minorities of Montenegro;
He also recalled the key international activities of Committee on Human Rights and Freedoms, implemented in the first half of 20’13, citing the following:
- Meeting of the Chairperson and members of Committee on Human Rights and Freedoms with the Delegation of Persons with Disabilities from Albania, held on 24 January 2013;
- Meeting of the representatives of Committee on Human Rights and Freedoms with the professor Eduard Roig, Specialist for the Field of Public Administration, Administrative Law and Anti-Corruption, a representative of SIGMA, held on 27 February 2013 in Podgorica;
- Study visit of the Committee on Human Rights and Freedoms to the Committee on Human and Minority Rights of the Croatian Parliament and other relevant institutions dealing with human rights and minority policy, held on 20 and 21 March 2013, with the aim of sharing experiences and good practice;
- Meeting of the Chairperson of the Committee on Human Rights and Freedoms, Mr Halil Duković, MD, with the EU expert mission for the field of the rule of law who visited Montenegro in order to overview the progress in judiciary and fundamental rights, as well as in the field of justice, freedom and security, held on 22 April 2013 in Podgorica;
-Participation of the Chairperson of the Committee on Human Rights and Freedoms in the Meeting on Promotion of Human Rights and Protection of Minorities in South East Europe and the European Union titled: “Promoting Human Rights and Minority Protection in South East Europe”, held on 14 May 2013 in Podgorica;
- Meeting of the Chairperson and the Deputy Chairperson of the Committee on Human Rights and Freedoms with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Human Rights Council who visited Montenegro in order to assess the situation regarding achieving the right to freedom of opinion and expression, the measures which are being undertaken in order to exercise this right, as well as to get acquainted with the obstacles which emerged during the implementation of this process, held on 14 June 2013 in Podgorica.
- Chairperson of the Committee on Human Rights and Freedoms, Mr Halil Duković, MD, and Deputy Chairperson of the Committee on Human Rights and Freedoms, Ms Ljiljana Đurašković, PhD, with the Co-Rapporteurs of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe, Ms Nursuna Memecan and Mr Kimmo Sasi, who visited Montenegro within the first monitoring visit for the purpose of establishing the factual state with regard to activities undertaken with the aim to fulfil recommendations contained in the PACE Resolution 1890(2012) on the honouring of obligations and commitments by Montenegro, held on 8 July 2013 in Podgorica.
Additionally, the Chairperson of the Committee pointed out that the members of the Committee attended numerous round tables and conferences organised by the NGOs dealing with human rights.
He assessed that, in seven years from gaining independence, Montenegro had achieved a lot, adding that it was important, in the following period, to work on raising awareness of the citizens on significance of observing human rights and freedoms, and that the institutions should provide their own contribution in implementing the adopted laws.
Protector of Human Rights and Freedoms of Montenegro Mr Šućko Baković stated that by adoption of the European Convention for the Protection of Human Rights and Fundamental Freedoms and other documents from the human rights field, great and significant changes had occurred in this field at the international level, due to the fact that a citizen, as an individual, had become a subject of the international law. The Universal Declaration of Human Rights is also very important, but still, it has not established mechanisms for control of protection of human rights at the global plan, which has been provided afterwards by the European Convention for the Protection of Human Rights and Fundamental Freedoms which provides an opportunity for the state and citizen to be equal subjects of the law. The European Convention for the Protection of Human Rights and Fundamental Freedoms primarily guarantees civil and political but not economic, social and cultural rights. The aim of the European Convention for the Protection of Human Rights and Fundamental Freedoms is also the protection of all rights guaranteed by the Universal Declaration of Human Rights because it states that contracting states shall secure the rights and freedoms guaranteed by the Convention to all persons under its jurisdiction. The Protector stated that Montenegro joined the European Convention for the Protection of Human Rights and Fundamental Freedoms on 3 April 2003 within the State Union of Serbia and Montenegro, ratifying it on 26 December 2003, and ratification instruments were handed on 3 March 2004. Rights guaranteed by the Convention are the standard or minimum that the Council of Europe member state must respect, and Montenegro has to respect that fact, emphasising that the European Convention was the document that was constantly evolving. From the point of view of Ombudsman institution, the Protector emphasised that Montenegrin accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms was particularly significant since it enabled the citizens of Montenegro with separate application to ask protection of their rights before European Court of Human Rights in Strasburg. He deemed important the fact that Montenegro learnt from the experience of the regional countries, also assessing as important the introduction with the practice of the European Court of Human Rights in Strasburg. He emphasised that Montenegro completed the legal framework to great extent and founded all institutions needed for quality implementation of legal norms, and rights effectively guaranteed. He stated that there were problems in exercising individual rights and freedoms, evidenced by addressing of citizens to the Protector of Human Rights and Freedoms of Montenegro and European Court of Human Rights in Strasburg. He emphasised that it was very important the efficiency to be raised as well as strengthening of capacities and responsibilities of existing bodies and institutions for consistent implementation of laws. The Protector emphasised that appliance of adopted laws and other regulations must be daily practise, in order that citizens of Montenegro feel that there was justice not only in Strasbourg and Hague but also in Montenegro. Representative of the European Commission in Montenegro and Head of the Political, European Integration and Trade Section of the EU Delegation Mr Alberto Cammarata expressed pleasure over the opportunity to speak on behalf of the European Union Delegation on the occasion of ceremonial Celebration of the sixtieth anniversary of entering into force of the European Convention for the Protection of Human Rights and Fundamental Freedoms. He emphasised that the European Convention for the Protection of Human Rights and Fundamental Freedoms represented useful mechanism in assessing to what extent the state had to respect the rights of its citizens.
Emphasising that the European Convention for the Protection of Human Rights and Fundamental Freedoms is not only the piece of paper but live document, which guarantees right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, freedom of thought, freedom of assembly and association and many other rights, Representative of the European Commission in Montenegro and Head of the Political, European Integration and Trade Section of the EU Delegation considered as important that the rules of this Convention be respected in such a manner institutions to be conscious of the obligations towards citizens.
He emphasised that the European Union (EU), following the opening of Chapter 23, would insist on actual evidences that the human rights in Montenegro had been respected in practice. Stating that Montenegro had improved the legislative framework in the field of human rights and freedoms, representative of the European Commission in Montenegro considers that Montenegro is obliged to continue harmonisation of its laws with European Union acquis, during the negotiations. With regard to that, he pointed out that, upon the opening of negotiations of Chapter 23, representatives of the European Union would insist even more on actual evidences of application of laws and enforcement of court decisions, to ensure that human rights were respected in practice. In that context, he stated that the European Union expected the status of displaced and internally displaced persons to be improved, especially status of Roma as well as Montenegro to become physically and institutionally more accessible to persons with disabilities, to protect members of the LGBT population enabling them to become equal members of society. In addition, the European Union expects the position of women to be improved as well as conditions in prisons, that Montenegro addresses impunity and to sanction torture and inhuman treatment. Freedom of speech and the protection of journalists also remain a key priority, and as such they will be the subject of attention in the process of negotiation.
He recalled that by the adoption of the Action Plan for Chapter 23, Montenegrin Government pledged to meet those goals. It obliges Montenegro to offer visible results and demonstrate a willingness to protect the human rights of all citizens, regardless of their differences. Coordinator of the human rights NGO "Citizens Alliance" Mr Milan Radović assessed that Montenegro had recently made progress in protecting human rights, but there was still a lot to be done in order the level of those rights to be at a satisfactory level. He believes that there are areas of concern and appropriate institutions have still a lot to do in those areas .
Recalling that Montenegro was among the countries that submitted most applications to the Court in Strasbourg with reference to the population and that the Court found that the constitutional appeal, as a mechanism in Montenegro, was not an effective remedy. Coordinator of the human rights NGO "Civil Alliance" considers as a priority in the future the Constitutional Court to be the filter of human rights of the citizens of Montenegro before they address the Court in Strasbourg. He emphasised that Montenegro cannot praise itself for effective and independent investigations, even though state bodies were obliged to conduct them by all allegations of violations of human rights. He considered that Montenegrin Prosecutor’s Office cannot praise itself for effective and independent investigations which should lead to detection of perpetrators and the principals of many misdeeds. With regard to that, he recalled to recent affair, of which the main protagonist was former policeman Mr Brajušković, stating that different information on that were presented in the public, but no one had mentioned that the only truth was that in Montenegro there were victims of those attacks, and on the other hand, competent authorities provided no information who committed and ordered the attacks. In this context, he pointed out that the Prosecutor's Office of Montenegro did not deserve the trust of non-governmental sector. However, given that the prosecution is responsible, it is expected to work independently and efficiently in order all cases to be elucidated.
Representatives of non-governmental sector and media posed questions related to the rights of persons with disabilities, primarily the right to access objects in public use, including access to the Parliament of Montenegro, the exercise of the right to personal disability, prohibition of discrimination against persons with disabilities, as well as what rights had been often violated in practice in Montenegro, and the answers to those questions, in accordance with their competences were given by representatives of institutions.