Implementing twenty first activity established by the Activity Plan of the Committee for 2013, on the basis of Decision adopted at the seventeenth meeting of 9 October 2013, the Committee on Human Rights and Freedoms of the Parliament of Montenegro held a control hearing of the Minister of Labour and Social Welfare Mr Predrag Bošković, MA. The control hearing was on the topic: Implementation of Conclusions of the Parliament of Montenegro (Official Gazette MNE, no. 36/11) adopted on the occasion of consideration of the Special Report of the Protector of Human Rights and Freedoms of Montenegro on the State of Mentally Ill Persons Placed in Institutions against the Background of CPT report (advisory body of the Council of Europe) following the visit of CPT to Montenegro, in February 2013.

In addition to Committee members and invited representatives of the Government of Montenegro, Ministry of Labour and Social Welfare, the meeting was also attended, in line with Article 67 paragraph 2 of the Rules of Procedure, by the following: Ms Nevenka Stanković, Deputy Protector of Human Rights and Freedoms of Montenegro for children’s rights, Ms Slavica Rabrenović, Director of the Institution for the Enforcement of Criminal Sanctions in the Ministry of Justice, Mr Mensud Grbović, Assistant to the Minister of Health, Mr Vaselj Dušaj, Director of the Public Institution Institute “Komanski most”, Mr Borislav Đukanović, Director of the Public Institution Children’s Home “Mladost” in Bijela, Ms Slavica Ilić, Assistant to the Director of the Public Institution Children’s Home “Mladost” in Bijela, Mr Željko Darmanović, Director of the Public Institution Centre for Education and Vocational Training “June 1”, Mr Miloš Uljarević, OSCE representative, Ms Ida Ferdinandi UNICEF representative, Ms Tea Gorjanc-Prelević, Executive Director  of “Human Rights Action”, Mr Milan Radović, Coordinator of the Human Rights Programme in the NGO “Civic Alliance” and Mr Milisav Korać, Executive Director of the NGO Federation of Associations of Parents of Children and Youth with Developmental Disabilities "Our Initiative"

Minister of Labour and Social Welfare, stated in his opening remark that most of the recommendations of the Protector of Human Rights and Freedoms of Montenegro, contained in the Special Report of the Protector of Human Rights and Freedoms of Montenegro on the State of Mentally Ill Persons Placed in Institutions, were met. He recalled that the Committee on Human Rights and Freedoms, during the control hearing the Minister of Labour and Social Welfare, held in April 2012, concluded that the Government, line ministry and other relevant institutions continued to implement measures and activities aimed at improving the conditions of accommodation and quality of life of users as well as their overall rehabilitation. On that occasion, a large improvement in the part concerning the conditions of the Public Institution "Komanski most" was noted relating the reconstruction of pavilions for women, men and children, kitchen renovation, completion of the boiler room and a well in the yard.

Minister of Labour and Social Welfare emphasised that during the reporting period the sensory room was equipped, where trained professionals provided treatment interventions for children. At the same time, the time out room was equipped as well as the hall for physical medicine and kinesiotherapy. Minister Bosković stressed that regular individual work plans for each user were drafted as well as revision of those plans in cooperation with the competent social worker and users themselves if possible. Special emphasis is placed on establishing contacts with their families, thus parent-teacher conferences are being held regularly in the institution, while competence centres for social work, as well as the Institute " Komanski most" , are making efforts to motivate as many as possibly family members to participate in all important decisions for users. The Institute has accurate records on custodian consent for all types of activities related to the users, conducted outside the regular suite of services provided for them, such asx departures for holidays, trips, participating in filming, photographing, specific medical intervention.

In addition to work therapy and individual and group work with users as well as the inclusion of a special school program in two resource centres in Podgorica, a series of activities that involve their integration in the external environment are being organised constantly. A large number of visits to cultural, historical, sport, tourist and hospitality facilities are regularly reported at the website of "Komanski most".

Minister Bošković stressed that following were engaged for direct work with the users: six tutors, a social worker, a graduated psychologists, four occupational therapists, two physical therapists with a university degree, 13 nurses and 21 caregivers. The total number of employees is 79, while 48 employees are engaged in direct work with users. During the last two years, following have been engaged to work in the Institution: a psychologist, two physical therapists, a specialised pedagogue, three nurses and three caretakers. In addition to those, a general practitioner is engaged but also a number of associates, physicians of different specialisations who are contributing to better quality of health care in the Institution “Komanski most”. Minister of Labour and Social Welfare pointed out that, in line with budgetary resources of the state, the Recommendation of the state that the basic goal and task should be strengthening of human resources of the Institution commensurate with the number of users and in line with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Minister added that activities for drafting the transformation project for the Institute “Komanski most” aimed at supporting the plan for its institutional, structural and organisational transformation were on-going. The plan should be directed to prevention of further accommodation and gradual deinstitutionalisation of the current users, through development of independent life skills and provision of adequate services based on family or community and its finalisation is expected by the end of this year.  

Minister of labour and social welfare stated that activities were conducted for establishing the network of day care centres for children with special needs in Montenegro, as one of the support services for children with developmental disabilities and their families.  He recalled that, in addition to centres opened in Bijelo Polje, Nikšić, Pljevlja, Herceg Novi, Ulcinj and Plav, day care centres should start working soon in Berane, Cetinje and Mojkovac while in Rožaje, Podgorica and Budva the beginning of the work for building facilities for these purposes was expected soon, and those should contribute to integration of the vulnerable population in Montenegrin society.

Minister of Labour and Social Welfare Mr Predrag Bosković emphasised that by adoption of the Law on Social and Child Welfare, in the mid of the year, the need for the development and adoption of a large number of secondary legislation occurred, including those relating the service standards in social and child protection and those relating the services provided by the Institution "Komanski most", as well as other service providers in this field. In addition, adoption of legislation that will introduce the obtaining of licenses for professionals working in institutions and the institutions themselves is yet to happen, and social inspection is expected officially to start working during the next year.   

Children with moderate and severe disabilities, 13 of them, accommodated in Children's Home "Mladost" in Bijela, are included in the educational system under the special programs, in accordance with the decisions of Municipal Commission on assessment of children. For each child individual program and work plan adapted to their abilities are drafted, thus the recommendation of the Protector of Human Rights and Freedoms of Montenegro is realised. The Minister deemed important the fact that the Institute for the design and urbanism from Herceg Novi created a project and made ​​external access ramp for persons with limited mobility, according to the legislation governing this area, thus another Recommendation of the Protector of Human Rights and Freedoms of Montenegro is realised.

Regarding the control and oversight of institutions, Ministry of Labour and Social Welfare continuously performs expert oversight activities, through regular monthly meetings with management and employees of these institutions and centres for social work.

Parliamentary questions and questions of NGOs were related to: reception and referral procedures of users in closed institutions, drafting of the rulebook on standardisation of services, salaries of employees in the Institution "Komanski most" and the possibility of their increase, the possibility of introducing beneficial work experience for employees at this facility, work of the existing day care centres for children with disabilities and reasons for still not opening day care centres  in Bar and Berane, quality of care provided to persons placed in closed institutions, ways of resolving the status and accommodation of so-called "social patients"  in the Special Psychiatric Hospital in Dobrota, cooperation of parents and families with the institutions in which residents with disabilities are accommodated, collaboration of mental health centres and centres for social work, CPT's recommendation regarding the case Zeković, to whom the measure of compulsory psychiatric treatment was imposed, responsibility of persons for the state of play in the Institution "Komanski most" in 2008.

Deputy Protector of Human Rights and Freedoms of Montenegro for children’s rights Ms Nevenka Stanković stated that representatives of the Institution of the Protector were monitoring implementation of newest recommendations and it was established that the number of recommendations was realised and that the state of play was significantly improved in all institutions. The transformation process of these institutions into open type institutions and resource centres is currently on-going, and the aim is strengthening of family and support to the families of persons with disabilities. In the period to come, it is necessary to establish clear standards and develop social services at the local level, in order to decrease the number of persons placed in the institutions, and although there are significant improvements, we should work on improving the situation in accordance with international standards.

Minister of Labour and Social Welfare said that the situation in all social and child care institutions was significantly improved, and that the Ministry, in the period to come, in accordance with its authorities, would undertake activities to further improve the situation. He emphasised that the salary of employees of the Institution "Komanski most" was increased for 20% in comparison to salaries of persons working in the public administration. When it comes to work of day-care centres for children with disabilities, he emphasised that a greater contribution of local government was necessary, for local government should pay salaries to employees in day care centres. Replaying the complaint on increasing costs of care of residents in Komanski most for 20%, Minister Bosković explained that out of 113 users that were accommodated in the Institute, only four pay costs, while the remaining costs were paid by the state. Answering parliamentary questions, Minister of Labour and Social Welfare said that money for day care centre for children with disabilities in the Bar was not used, and that it would be completed over the next year. In addition, new location for the day care centres in Ulcinj should be provided, and Municipality Assembly of Herceg Novi had provided a location for the construction of the Day Care Centre.

All participants of the control hearing assessed that a number of recommendations of the Protector of Human Rights and Freedoms, additionally strengthened by the Conclusion of the Parliament of Montenegro, on the occasion of consideration of the Special Report of the Protector of Human Rights and Freedoms of Montenegro on the State of Mentally Ill Persons Placed in Institutions, were realised, thus the situation in all these institutions has been significantly improved.  

The Committee decided, in accordance with Article 77, paragraph 2 of the Rules of Procedure of the Parliament of Montenegro, to prepare and submit to the Parliament the Report on the control hearing of the Minister of Labour and Social Welfare and proposed conclusion.

Furthermore, the Committee on Human Rights and Freedoms decided to pay a visit by the end of the year to the Institution "Komanski most" for the purpose of monitoring the condition in the facility.