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Wednesday, 06. February 2013. 09:16

Forth Meeting of the Committee on Human Rights and Freedoms held today

Several items of the Agenda considered

The Committee considered the Information on the conduct of the Police Administration according the Recommendations of Ombudsman of Montenegro given in the Special Report on condition of facilities of the Police Administration for detention of imprisoned persons from 2011. The Ombudsman of Montenegro, Mr. Šućko Baković, noted that the Police Administration solved number of shortcomings listed in the Special Report of Ombudsman of Montenegro on condition of facilities of the Police Administration for detention of imprisoned persons from 2011, and condition relating to: sanitation; ventilation; heat and air-conditioning; toilet facilities with full access to drinking water; maintaining communication with imprisoned persons; provision of electrical cabinet; eliminating the possibilities of torture and inhuman treatment and keeping the records. Mr. Vojo Dragović, the Head of Operation on Communication Department of the Police Administration, who was invited to attend the meeting, informed that the Police Administration started a number of activities in order to address shortcomings and meeting the Recommendations of Ombudsman and announced that in the future, depending on funding, further efforts shall be made in order to implement all Recommendations. The Committee accepted the Information on the conduct of the Police Administration according the Recommendations of Ombudsman of Montenegro given in the Special Report on condition of facilities of the Police Administration for detention of imprisoned persons from 2011. Furthermore, by the Conclusion, the Committee ordered to the Police Administration to intensify activities and take measures to implement the rest of unrealized recommendations of Ombudsman, to which it was pointed out in the Information. The Police will be obliged, until 30 June 2013, to submit to the Committee the Information on acting upon the Recommendations, by which the Committee wants to accomplish continuity in monitoring the situation of human rights of persons deprived of liberty.

The Committee accepted the Report on participation of Mr. Halil Duković, PhD at the Panel Discussion with the topic: “Protection of Human Rights within the Prison System”, held on the occasion of International Day of Human Rights, on 10th December, 2012 in Podgorica, organized by the Government of Montenegro, Institution of Ombudsman, University of Montenegro, UN agencies in Montenegro, OESCE Mission in Montenegro and NGO “Civic Alliance”.  

The Committee got introduced with the Application No 00-64-06/12-46 from 16th October, 2012 by which a number of imprisoned persons in the Institute for Execution of Criminal Sanctions had addressed the Committee on Human Rights and Freedoms in order to launch initiative for adoption of the new law on amnesty, and further explanations on this matter was given by the Assistant to the Minister of Justice from the Department for Execution of Criminal Sanctions, Ms. Slavica Rabrenović. The Committee decided, in accordance with the Conclusion from the 72nd meeting of the Committee on treatment of applications, to refer this Application to Ombudsman of Montenegro for further procedure, within his scope of jurisdiction.

The Committee considered the Report on Sexual Abuse of Children in Montenegro, submitted by the Ombudsman of Montenegro, which was made within the Regional Project “Improvement of Position on Children in the aim of Protection against all types of Exploitation”, conducted by the Ombudsman of Montenegro in Cooperation with ombudsmen from the region, with the support of the Save the Children. The Ombudsman of Montenegro, Mr. Šućko Baković, and the Deputy Ombudsman for the rights of children, Ms. Nevenka Stanković, said that within the Project a research was conducted to gather information on sexual abuse of children, perceiving of current situation, key social phenomenon and processes that affected this phenomenon and its scope from 1st January, 2008 until 30th June 2011. The research was conducted with the aim of establishing the degree of understanding of the concept of sexual exploitation of children by the competent authorities and bodies, as well as understanding the trends in this area and it was performed through questionnaire sent to competent entities and organizations, organized focus groups with professionals and direct interviews with children who have been victims of sexual abuse. It was published several times, even through the campaign “One in Five”. Apart from that, legal analysis of compliance of national legislation with international documents and standards in the area of children protection, victims of sexual abuse and exploitation was performed. It was concluded that situation in Montenegro regarding this issue is similar to the situation in the region. The Ombudsman gave Recommendations relating to prevention of sexual abuse of children in Montenegro, compliance of national legislation with international standards, building capacities of competent bodies dealing with children and, as the most important Recommendation, taking activities on recovery of children victims of sexual exploitation and their reintegration, which was lacking so far. In that regard, it was pointed out to the lack of services and facilities that will address this problem. The Committee accepted the Report, adopted the Conclusion by which it supports Recommendations of Ombudsman of Montenegro given in the Report and decided to submit the Conclusion to the Ministry of Justice, Ministry of Internal Affairs, Ministry of Labor and Social Welfare, Ministry of Health, Ministry of Education, Ministry of Tourism and Sustainable Development, and to the Head of Montenegrin Delegation to the Parliamentary Assembly of the Council of Europe which conducts the Campaign “One in Five” and that Montenegro also participates in. The Ombudsman of Montenegro announced, in order to protect the rights of children that the phase III of the Project will be completed until the end of the month and the "Report on the exploitation of children on the Internet", also in the framework of the regional project CRONSE will be submitted to the Committee on Human Rights and Freedoms.

In relation to the rights of children, members of the Committee got introduced with the Report-Study on Poverty of Children in Montenegro, done by UNICEF jointly with the Ministry of Labor and Social Welfare of the Government of Montenegro. Presenting the Report-Study on Poverty of Children in Montenegro, Mr. Slobodan Živković, Coordinator for Social and Economic Policy in the Office of UNICEF in Montenegro said that according the results of the research every tenth child in Montenegro is poor and that poverty rate among children is higher than among adults. In addition, poverty rate of children is higher in the North of Montenegro and in rural areas, as well as of those who live in families of more than five members and where family members have lower level of education. Representatives from the Ministry of Labor and Social Welfare said that the state invests significant efforts and takes numerous activities to combat decreasing of poverty rate. Only in 2012 the Government allocated 65,868.308 EURO for social spending, adopted the Fostering Strategy, and will continue with other activities to reduce the poverty, such as providing free textbooks for children from poor families, subsidized electricity bills, various types of social assistance, which will continue in the future.

Additionally, the Committee members accepted the Report with Recommendations from the Convention “Together to the more quality Social and Children Protection of Disabled Persons”, held in Podgorica on 3rd December, 2012, on the occasion of International Day of Disabled persons.

Committee members got introduced with the results of the Campaign “One in Five”, initiated by the Council of Europe, conducted by the Government of Montenegro since February, 2012, within which numerous activities were realized, with the aim of prevention and suppression of sexual violence over children.

Furthermore, members of the Committee accepted reports on international activities in the Committee since November, 2012 until January 2013, namely:

      - Information from the meeting of the Chairman and Members of the Committee on Human Rights and Freedoms with the Delegation from Albania, held in Podgorica on 24th January, 2013;

          - Report on Participation of Representatives of the Committee on Human Rights and Freedoms Service at the Seminar: “Protection of Human Rights and Position of Women and Children”, held from 14th to 15th November, 2012 in Brussels, organized by the Unit for Western Balkans Parliament Relations of the Directorate –General for External Policies of the European Parliament as part of the Support Program to the Western Balkan Parliaments;

         - Report on Participation of the Secretary of the Committee on Human Rights and Freedoms and The Committee On Political System, Justice and Administration at the Regional Workshop: “Efficient Work of the Committees” , held from 7th to 9th November, 2012 in Bratislava, organized by National Democratic Institute – NDI; 

Under the item Current Issues, the Committee members got introduced with three applications submitted by natural persons, two of which hd already been referred to Ombudsman of Montenegro, and it was decided that, in accordance with the Conclusion from the 72nd meeting of the Committee, which establishes that applications and addressing of citizens and legal persons referred to the Committee on Human Rights and Freedoms, the Committee considers only after the applications had been considered by the competent institution, the Ombudsman of Montenegro, and citizens were unsatisfied with the decision of the Ombudsman on certain application, the third application should be processed accordingly.

The Committee did not elect the Deputy Chairman of the Committee, since the candidate from opposition had not been proposed, even though the Invitation to the Presidents of opposition MPs Clubs, in compliance with Article 34 paragraph 5 of the Rules of Procedures of the Parliament of Montenegro, had been sent on 28th January, 2013.