Presentation of Mr Halil Duković, Committee Chairperson

Day 1 – session 1

Session 1: “Enforcing fundamental rights to combat exclusion” 

Topic of the presentation: “Refugees and displaced people – inclusion of Roma and Egyptians in Montenegrin society”

Chairperson of the Committee on Human Rights and Freedoms Mr Halil Duković is participating at the Meeting of chairpersons of the committees on fundamental rights, which is being held in Rome, in the period 13-14 October. The meeting is held within Italian Presidency of the Council of the European Union.

During the Meeting, for sessions were held: “Enforcing fundamental rights to combat Exclusion”, “Data protection and new rights in the digital era”, “Towards a true European common migration and asylum policy” and “New tools to combat discrimination”.

The meeting was opened by President of the Chamber of Deputies Ms Laura BOLDRINI and President of the Senate of the Republic Mr Pietro GRASSO.

On the first day, the keynote speakers were: Mr Claude MORAES, Chairperson of the LIBE Committee of the European Parliament, Mr Martine REICHERTS, European Commissioner for justice, fundamental rights and citizenship, Ms Saskia SASSEN, Professor at Columbia University and the London School of Economics, Ms Judith SUNDERLAND, Senior Researcher, Europe and Central Asia Division, Human Rights Watch, Mr Marko ILEŠIČ, Judge of the Court of Justice of the European Union and Mr Giovanni BUTTARELLI, Assistant European Data Protection Supervisor.

Also, Director of the EU Agency for Fundamental Rights Mr Morten KJAERUM presented the Annual Report on Fundamental Rights.

During the first day, the participants discussed two topics: “Enforcing fundamental rights to combat Exclusion”, “Data protection and new rights in the digital era”.

At today's meeting, Chairperson of the Committee took part in the discussion titled: “Enforcing fundamental rights to combat exclusion. During his presentation he informed the attendees that on 7 October 2014, Minister of Work and Social Welfare in the Government of Montenegro Mr Predrag Bošković and representative of the Council of Europe Development Bank Mr Stefan Selen signed a grant agreement worth 9.9 million euros intended for building housing units for 120 families in Podgorica and 68 elderly people to be accommodated in Senior Home in Pljevlja. Regional housing programme will provide housing for displaced persons by building 907 housing units as well as by providing supply of construction material for 120 housing units and construction of 60 prefabricated houses and 68 accommodation units in the Senior Home in Pljevlja.

This is the epilogue of hard work and commitment for permanently resolving the situation of refugees and displaced persons of the Government of Montenegro with the aim of completing this process by the end of 2016. The Government is firmly committed to provide help and support to refugees and displaced persons, in line with highest principles of international protection, which has been confirmed by positive assessment in annual progress reports of the European Commission, what is also the case with the report of 2014.

Having in mind that Strategy for permanently resolving the issue of displaced and internally displaced persons in Montenegro with special regard to the area Konik 2011-2015 defines the resolving of the legal status as the most important issue because that is a ground for resolving all other rights of displaced and internally displaced persons, the Parliament of Montenegro prolonged for four times the deadline for submitting the request for temporary or permanent residence permit to displaced and internally displaced people, which is the results of willingness of Montenegrin authorities to help these people. Currently, the deadline has been prolonged to 31st December 2014.

By the Action Plan for durable solutions for internally displaced persons and residents of camp Konik I and II, adopted by the Government of Montenegro on 17 February 2011, two ways to resolve the status of displaced and internally displaced persons have been provided, namely: integration through application for the status of foreigner with permanent residence and voluntary return to the place of origin.

The activities of Montenegro to resolve the situation of refugees and displaced persons and their inclusion in the Montenegrin society are best illustrated by the assessment of Head of the UNHCR Office to Montenegro Ms Indumathi Mohandas, who upon completion of her mission to Montenegro, in September 2014, said that Montenegro could be considered as an example in the region when it comes to national engagement and commitment to the issues of resolving the status of refugees and displaced persons, as well as their integration into Montenegrin society. She emphasised that the situation in this field had been significantly improved at legislative, documentation, project and infrastructural plan. The Government of Montenegro, in cooperation with other regional countries, is trying to find sustainable solutions for refugees who voluntarily agreed to return to their countries of origin. 

In addition, by the Decree on the manner of exercising the right of displaced persons from former Yugoslav republics and internally displaced persons from Kosovo residing in Montenegro, which will be applied until 30 June 2015, the Government of Montenegro has established that displaced people from former Yugoslav republics and internally displaced people from Kosovo, who stay in Montenegro until acquiring the status of foreigner with permanent residence in line with the Law on Foreigners, among other, shall exercise the same rights as Montenegrin citizens, including the right to work and employment, the right of unemployment insurance in accordance with the regulations in the field of labour and employment, unless the special law envisages Montenegrin citizenship as a condition for certain positions. Apart from that, the Parliament adopted the Law on Social and Child Welfare, Law on Social and Child Welfare and Law on Legalization of Informal Structures. Also, they have right to education, health care, social contributions and other rights as Montenegrin citizens, except suffrage. Montenegro has been working intensively on resolving the housing issue for 6,063 people, or 1,177 households, which belong to the most vulnerable categories, which aims to permanently close collective centres and camps-Camp Konik I and II.

On 7 October, Representative of the Council of Europe Development Bank Mr Stefan Selen thanked to Montenegrin colleagues for activities undertaken with the aim of resolving the housing issue of displaced people, particularly to president of municipalities where two projects would be implemented. He emphasised that it was a difficult task, but also that Montenegrin institutions were motivated to implement the Regional Housing Programme in order to improve  life conditions of displaced people.

Head of European Union Delegation to Montenegro Mr Mitja Drobnič praised the progress of Montenegro in resolving the issues of displaced people.

Activities of the Government of Montenegro are also focused on intensifying bilateral cooperation with countries of origin, especially with the Government of the Republic of Kosovo. In addition, there is a direct communication with displaced and internally displaced people on terrain, through informative campaigns and organised departures in the country of origin with the aim of obtaining personal documents necessary for regulating the status.

This have resulted in return of 13 families with 67 members during September of the current year, in the municipality of Klina, the Republic of Kosovo. Governments of Montenegro and Republic of Kosovo were supported by institutions of EU and UNHCR in implementing this activity. We will continue to provide the voluntary return in the period to come, in order to fulfil wishes of displaced to return to the country of origin, because 103 families currently applied for voluntary return.

Even though in the following period the priority is resolving of the housing issues of displaced and internally displaced persons in Montenegro and addressing the issues of camp Konik I and II, Montenegro will continue to implement activities aimed at improving social and economic position of refugees and displaced people, with a special stress on education of children of internally displaced people from Roma and Egyptian population. I would like to emphasise that over 90 percent of children from camp Konic attend the school and they are provided with health protection as Montenegrin citizens.

According to information of the Red Cross of Montenegro, educational system in the area of Podgorica currently includes 463 RAE students, and 146 of preschool children attend activities of the Red Cross envisaged for their age.                                                 

According to statistical data: until 25 September 2014, there were 5,752 of internally displaced people registered in the Directorate for the Care of Refugees.

In 2014, 14 families with 69 members returned to Kosovo. Twelve families (57 persons) returned to municipality of Klina, while one family with ten members returned to municipality of Peć and another family of two members returned to municipality of Peć.

Finally, here is why Montenegro can be proud of the results achieved in this area - Let me remind you of the fact that in the past twenty years Montenegro has faced with the influx of refugees and displaced persons from the former Yugoslavia, as a consequence of wars in former Yugoslavia. In the period 1998-1999, Montenegro provided shelter on its territory for 140,000 of refugees and displaced people, primarily from Kosovo, which represented the quarter of its total population in that moment.

He said that it is well known that the problem of Roma integrating exists in a number of countries. But, in order to solve this problem permanently, there must be political will, good cooperation between all institutions, active participation of the international factors as well as desire of the Roma population to be fully integrated.

The Chairperson informed the participants that the Committee on Human Rights and Freedoms devoted significant activities to this topic:

ever since February 2011, when the meeting of the Committee members was held with the Delegation of the European Commission against Racism and Intolerance (ECRI) regarding round four of monitoring by member states of the Council of Europe examining the status regarding racism and intolerance, within which the first visit to Montenegro was paid.

Following the first visit, ECRI made concrete recommendations to Montenegro, and one of the Recommendations was as follows: “ECRI urges the Montenegrin authorities, after full and open consultations with the people concerned, to find standard accommodation around the town or the country for the RAE inhabitants of Konik, and close down the camp.”

In June 2011 members of the Committee on Human Rights and Freedoms visited Camp Konik I and II, in the suburbs of Podgorica and familiarised themselves with living conditions of displaced and internally displaced persons in this area. Camp Konik I has 38 barracks, 214 families, 1156 persons, and camp Konik II has 56 barracks, 67 families and 316 persons.

In July 2011, the Committee on Human Rights and Freedoms considered the Information on activities of the Government of Montenegro regarding durable solutions for displaced and internally displaced persons residing in camp Konik I and II.

In March 2012, the Committee considered the Report of the European Commission against Racism and Intolerance (ECRI) on Montenegro, compiled within the fourth cycle of monitoring, adopted in December 2011, and published on 21. February 2012. 

ECRI made two concrete recommendations to Montenegro requiring priority implementation, which will be subject to evaluation between two regular monitoring sessions (preliminary evaluation):

1. ECRI recommends that the authorities should strengthen the initial and in-service training for police, lawyers, public prosecutors and judges on issues related to equal treatment and non-discrimination, the criminal law provisions in force against racism and racial discrimination and on how to recognise the racist motivation of an offence.

2. ECRI urges the Montenegrin authorities, after full and open consultations with the people concerned, to find standard accommodation around the town or the country for the RAE inhabitants of Konik, and close down the camp.

   - In June 2012, the Committee on Human Rights and Freedoms of the Parliament of Montenegro held a control hearing of the Coordinator of Coordination Committee for Monitoring of Implementation of Strategy for permanently resolving the issue of displaced and internally displaced persons in Montenegro with special regard to the camp Konik I and II, Minister of Labour and Social Welfare and Minister of Interior, titled: “Implementation of Strategy for permanently resolving the issue of displaced and internally displaced persons in Montenegro with special regard to the camp Konik I and II”.

On that occasion, the Committee members were informed that Montenegro undertook numerous activities in order to resolve the issue of displaced and internally displaced persons, but is was estimated that in the following period the implementation of activities determined in the Strategy for permanently resolving the issue of displaced and internally displaced persons and Action Plan for its implementation should be continued, in order to permanently resolve the issue of displaced and internally displaced persons.   

Report from the control hearing with proposal for conclusions was forwarded to the Parliament of Montenegro.

In May 2013, the Committee on Human Rights and Freedoms held a control hearing of ECRI National Coordinator for Montenegro, Deputy Minister for Human and Minority Rights.

On that occasion, the Committee members were informed that the ECRI continuously monitored the situation in the Council of Europe member states and that following the fire in camp Konik, in July 2012, it forwarded the request to Montenegro to submit the information on the activities undertaken in order to resolve this issue, on which they were timely informed, after which Montenegro was praised. 

With regard to ECRI Recommendation in which “ECRI urges the Montenegrin authorities, after full and open consultations with the people concerned, to find standard accommodation around the town or the country for the RAE inhabitants of Konik, and close down the camp”, ECRI National Coordinator for Montenegro said that in July 2011, the Strategy for permanently resolving the issue of displaced and internally displaced persons was adopted, and the Action Plan for its implementation envisages providing accommodation of these persons through Regional Housing Programme and IPA 2011. National Housing Program for Montenegro envisaged providing the housing for 6,063 persons (1,177 households) belonging to the most vulnerable categories, which are accommodated in informal collective centres. This Programme envisaged construction of 97 housing units, providing construction material for 120 housing units, constructing 60 prefabricated houses and 90 housing units in the senior home of Pljevlja. Total value of the project is 27,696 million euro, and contribution of the Government is 15%. National Housing Programme will be implemented in 13 Montenegrin municipalities and will significantly contribute to closing down of camp Konik and other collective centres for housing of displaced and internally displaced persons.     

- On 25 September 2013, the Committee held a control hearing of Minister of Labour and Social Welfare, Coordinator of Coordination Committee for Monitoring of Implementation of Strategy for permanently resolving the issue of displaced and internally displaced persons in Montenegro with special regard to the camp Konik I and II, Mr Predrag Bošković, titled: “Implementation of Strategy for permanently resolving the issue of displaced and internally displaced persons in Montenegro with special regard to the camp Konik I and II”.

The meeting is attended by representatives of 21 EU member states, representatives of the European Parliament and institutions and bodies of the EU, as well as representatives of the applicant countries – Montenegro, Serbia and Turkey.

The meeting will be continued tomorrow, with two topics in focus: “Enforcing fundamental rights to combat Exclusion” and “Data protection and new rights in the digital era”.