Committee on Human Rights and Freedoms, at the continuation of its ninth meeting held today, in accordance with the decision made at the ninth meeting held on 30^th April 2013, held a control hearing of the ECRI National Coordinator for Montenegro,Ms Blanka Radošević-Marović, assistant to the Minister for Human and Minority Rights.

In accordance with the methodology established as in the previously held control hearings at the Committee, following the introductory speech of the ECRI National Coordinator for Montenegro, the MPs and the members of the Committee were allowed to ask questions to which the ECRI National Coordinator for Montenegro provided answers. The following stated their views on the level of observation of ECRI recommendations cited in the Report: Mr Šućko Baković, Ombudsman of Montenegro, Mr Benjamin Perks, UNICEF Representative in Montenegro, Mr Dejan Obradović from the UNHCR office, and Mr Siniša Bjeković, MA, Head of the Law Faculty Centre for Human Rights at the University of Montenegro and a member of ECRI from Montenegro.  

In her introductory speech, the ECRI National Coordinator for Montenegro,Ms Blanka Radošević-Marović announced the key data and information on the European Commission against Racism and Intolerance (ECRI) of the Council of Europe in which she stated that ECRI had been formed at the Summit of Heads of State and Government of the member States of the Council of Europe, held on 9^th October 1993. Each member state of the Council of Europe suggests one member of ECRI among the experts in the field of human rights. She pointed out that ECRI performs constant monitoring over the member states of the Council of Europe, that it makes contact visits to states during which it meets with representatives of state authorities, independent institutions and civil society, after which it drafts the report, thus starting a confidential dialogue with the government, and after submission of remarks and suggestions by the state, follows its adoption and submission to the state it refers to. Most commonly, after two years since the Report is published, ECRI sends an official letter to the state and requests submission of information on implementation of recommendations, especially the key ones that require priority implementation, and which are subject to review between two regular monitoring sessions, and with that regard it is expected that ECRI will soon extend such a request to Montenegro as well.

Ms Blanka Radošević-Marović stated that ECRI continuously follows the situation in the member states of the Council of Europe. She reminded that, following the fire in the Camp Konik I and II, in July 2012, ECRI extended a request to Montenegro to submit information on what had been done in order to solve this problem, of which they had been timely informed, after which they extended praise to Montenegro. 

With regard to the ECRI Recommendation where “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”, Ms Radošević-Marović announced that in July 2011 a Strategy for permanently resolving the issue of displaced and internally displaced persons in Montenegro had been adopted, and according to the Action plan resolving the housing issue for displaced and internally displaced persons in Montenegro had been envisaged through the Regional Housing Programme and IPA 2011. Through National Housing Programme for Montenegro it was envisaged to provide funds for resolving the housing issue for 6,063 persons (1,177 housing units) who make up the most vulnerable categories, and they reside in informal collective centres.  She pointed out that this programme envisages building of 97 housing units, delivery of construction material for 120 housing units, building of 60 prefabricated houses and 90 housing units in Senior Home in Pljevlja. Total value of the project is 27,696 million euro, and contribution by the state is 15%. National Housing Project will be implemented in 13 Montenegrin municipalities and will contribute significantly to closing of the Camp Konik and other collective centres for housing of displaced and internally displaced persons. 

ECRI national coordinator for Montenegro emphasized that Montenegro is user of IPA 2011project “Identification of permanent solutions for internally displaced persons and citizens of the Camp Konik” which aim is provision of permanent and sustainable solutions for REA population members and other internally displaced persons who want to be integrated in Montenegro or use the right to willing return to the country of origin. The Project has components for construction of 90 housing units and construction of multi-purpose center, social integration, technical assistance and voluntary return, and the Project of the Regional Housing Program will provide 42 housing units.

With regard to the other recommendations of ECRI that "ECRI recommends that the authorities strengthen initial and continuous training of the police, state public prosecutors, lawyers and judges on issues related to equal treatment and anti-discrimination, criminal provisions in force, relating to racism and racial discrimination and how to recognize the racist motivation of a crime ", Ms. Radošević-Marović said that one of the priorities in the reform of police administrative capacity at all levels. Basic training at the Police Academy includes training in human rights, ethics and work of police in multi-ethnic community. She pointed out that the Ministry for Human and Minority Rights, with the annual plan of training in the field of anti-discrimination, included many persons employed in all police units in order to raise awareness and sensitivity and training for dealing with cases related to discrimination. Ministry for Human and Minority Rights, with the support of the OSCE Mission, implemented a series of seminars featuring five individual seminars and workshops, from the general legal framework for anti-discrimination protection to certain forms of discrimination. After attending all the trainings, participants were given certificates. She pointed out that the Center for Judicial Training implemented 12 trainings. She recalled that the Proposal for the Law on Amendments to the Criminal Code is prepared, by which an aggravating circumstance for determining of the punishment is if a criminal offence is committed of the basis of racial discrimination.

MPs posed the following questions:

- How the ECRI national coordinator for Montenegro sees mutual cooperation of state authorities which are, in accordance with their competences, responsible for implementation of ECRI recommendations?

- With regard to the implemented trainings, seminars and educations for judges, prosecutors, lawyers, how many lawyers attended the trainings, is there a mechanism on the basis of which efficiency of various trainings can be measured?

- How the ECRI national coordinator for Montenegro sees the fact that in this moment there are 6 500 persons staying illegally in Montenegro because the deadline for submission of applications for the status of displaced and internally displaced persons determined by the Law on Foreigners expired on 31^st December, 2012, and the Proposal for the Law that extends the deadline until the 31^st December, 2013 is only now in the parliamentary procedure?

Ms. Radošević-Marović said that she coordinates and gathers information from competent state authorities on what has been done regarding implementation of ECRI recommendations, and that state authorities, within their responsibilities and competences, take specific activities, emphasizing the necessity of inter- sectorial cooperation in view of solving these issues. 

With regard to the trainings, she said that, according the data from the Center for Judicial Training, certain number of lawyers also attended trainings, although less that other judicial office holders. She said that there is no precise plan of educations at the annual level for judicial office holders.

Significant efforts have been made and numerous activities taken in order to fulfill ECRI recommendation regarding desegregation of persons living in Camp Konik, and besides solving their housing issues, measures regarding educations are being taken so that the children for Camp Konik can be included in seven other elementary schools in the territory of Podgorica. She pointed out that, according to the data from the Ministry of Interior Affairs, around 16,000 displaced and internally displaced persons residing in Montenegro, 9,500 persons of which applied for resolving status to the end of 2012, and 5600 have been solved, while up to date a total of 6300 applications are solved. Significant are the information campaigns, as well as organized visits to the countries of origin in order to help these people in gathering necessary documents. Recalling the ECRI statements according to which there is a risk that certain persons in Montenegro become stateless persons, she announced that according to the Law on Montenegrin Citizenship persons who do not possess citizenship of another state acquire Montenegrin citizenship if they meet the conditions provided by the Law, so that the risk does not exist.

Mr Benjamin Perks, Head of the UNICEF Office in Montenegro, stated that the RAE population in Montenegro generally lived badly, but that Montenegro was not the only country with such a state but that was also a case in numerous European countries. RAE population children attend school irregularly, large number has no elementary education, because their parents exclude them so they could beg. Another problem is early marriage, caused by traditional and cultural characteristics of this population. That is the reason, according to Perks, the Government of Montenegro to take additional measures for removing traditional and cultural characteristics of this population, and the training of police for establishing contacts with the RAE population. He assessed positively that there was no case of racial discrimination in Montenegro. 

Mr Siniša Bjeković MA, the ECRI member from Montenegro, stated that the ECRI report on Montenegro was diversely structured, because ECRI mandate was unlimited, which was one of the highest achievements of this body of the Council of Europe. He stated that with the current reform of specific laws, primarily the Anti-Discrimination Law, which would establish the racial discrimination standard in line with the ECRI recommendation No. 7, Montenegro would make significant steps regarding ECRI recommendations fulfilment. The work of the Protector of Human Rights and Freedoms is also significant, and coordination of all state bodies is necessary. The trainings should be continuous for all judicial office holders and police, and specialization in this field is also necessary, as well as higher quality in implementation of adopted legislation. When it comes to Camp Konik, he stated that the target group should be parents of the RAE population children, in order to raise their consciousness on the obligation of their children to attend schools, which would by time, improve the position of the whole population. Mr Bjeković emphasised that without help of international organisations and countries of the region, Montenegro would not be able to solve these issues.

He announced that the Roundtable with the topic “Judicial implementation of international standards in the discrimination area” would be held on 1^st October 2012, which would be good opportunity for education of judges, plaintiffs and other employed in judiciary on implementation of international standards in our practice.

Mr Šućko Baković, the Protector of Human Rights and Freedoms of Montenegro, emphasised that Institution of Protector, on the occasion of annual report drafting, starts from evaluations and recommendations given in international organisations reports. He assesses positively the activities of Montenegro conducted with the aim of improving the position of the RAE population, stating that money was not always crucial, but that also the willingness of a state and all citizens to take care of this population was important. He considers the date on the number of ROMA children attending the school, to be encouraging, pointing out that it was necessary continuously to work on the change of consciousness and existing habits among this population. He agreed with assessments that Montenegro, in view of economic situation, would not be able independently to solve the problem of displaced and internally displaced persons, but that better cooperation with countries of origin of this persons was necessary as well as help of international community. He assessed that, in addition to implemented trainings, in the following period, it was necessary to work on the change of the approach regarding the application of law, so the jurisprudence to be taken into account to greater extent.

Mr Dejan Obradović, UNHCR representative, stated that projects of social inclusions would be conducted in Camp Conic, significant for inclusion of the RAE population in Montenegrin society, and the longer period of time was necessary for it, as well as coordination of all subjects so the projects to be sustainable. The approach to the rights in the field of education, health, employment for persons accommodated in Camp Konik was also very important.

He considers that procedures for obtaining necessary documentation should be simplified, stressing that those were indigent persons, so very often they have no possibility to provide funding necessary for obtaining documents. He referred to the asylee issue, stating that in 2011 there was 235 asylees in Montenegro, while in 2012 there was 1531, thus a special attention should be paid to it.

Control hearing of the ECRI National Coordinator for Montenegro, Ms Blanka Radošević-Marović, Assistant to the Minister for Human and Minority Rights, held.

Committee on Human Rights and Freedoms, at the continuation of its ninth meeting held today, in accordance with the decision made at the ninth meeting held on 30^th April 2013, held a control hearing of the ECRI National Coordinator for Montenegro,Ms Blanka Radošević-Marović, assistant to the Minister for Human and Minority Rights.

In accordance with the methodology established as in the previously held control hearings at the Committee, following the introductory speech of the ECRI National Coordinator for Montenegro, the MPs and the members of the Committee were allowed to ask questions to which the ECRI National Coordinator for Montenegro provided answers. The following stated their views on the level of observation of ECRI recommendations cited in the Report: Mr Šućko Baković, Ombudsman of Montenegro, Mr Benjamin Perks, UNICEF Representative in Montenegro, Mr Dejan Obradović from the UNHCR office, and Mr Siniša Bjeković, MA, Head of the Law Faculty Centre for Human Rights at the University of Montenegro and a member of ECRI from Montenegro.  

In her introductory speech, the ECRI National Coordinator for Montenegro,Ms Blanka Radošević-Marović announced the key data and information on the European Commission against Racism and Intolerance (ECRI) of the Council of Europe in which she stated that ECRI had been formed at the Summit of Heads of State and Government of the member States of the Council of Europe, held on 9^th October 1993. Each member state of the Council of Europe suggests one member of ECRI among the experts in the field of human rights. She pointed out that ECRI performs constant monitoring over the member states of the Council of Europe, that it makes contact visits to states during which it meets with representatives of state authorities, independent institutions and civil society, after which it drafts the report, thus starting a confidential dialogue with the government, and after submission of remarks and suggestions by the state, follows its adoption and submission to the state it refers to. Most commonly, after two years since the Report is published, ECRI sends an official letter to the state and requests submission of information on implementation of recommendations, especially the key ones that require priority implementation, and which are subject to review between two regular monitoring sessions, and with that regard it is expected that ECRI will soon extend such a request to Montenegro as well.

Ms Blanka Radošević-Marović stated that ECRI continuously follows the situation in the member states of the Council of Europe. She reminded that, following the fire in the Camp Konik I and II, in July 2012, ECRI extended a request to Montenegro to submit information on what had been done in order to solve this problem, of which they had been timely informed, after which they extended praise to Montenegro. 

With regard to the ECRI Recommendation where “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”, Ms Radošević-Marović announced that in July 2011 a Strategy for permanently resolving the issue of displaced and internally displaced persons in Montenegro had been adopted, and according to the Action plan resolving the housing issue for displaced and internally displaced persons in Montenegro had been envisaged through the Regional Housing Programme and IPA 2011. Through National Housing Programme for Montenegro it was envisaged to provide funds for resolving the housing issue for 6,063 persons (1,177 housing units) who make up the most vulnerable categories, and they reside in informal collective centres.  She pointed out that this programme envisages building of 97 housing units, delivery of construction material for 120 housing units, building of 60 prefabricated houses and 90 housing units in Senior Home in Pljevlja. Total value of the project is 27,696 million euro, and contribution by the state is 15%. National Housing Project will be implemented in 13 Montenegrin municipalities and will contribute significantly to closing of the Camp Konik and other collective centres for housing of displaced and internally displaced persons. 

ECRI national coordinator for Montenegro emphasized that Montenegro is user of IPA 2011project “Identification of permanent solutions for internally displaced persons and citizens of the Camp Konik” which aim is provision of permanent and sustainable solutions for REA population members and other internally displaced persons who want to be integrated in Montenegro or use the right to willing return to the country of origin. The Project has components for construction of 90 housing units and construction of multi-purpose center, social integration, technical assistance and voluntary return, and the Project of the Regional Housing Program will provide 42 housing units.

With regard to the other recommendations of ECRI that "ECRI recommends that the authorities strengthen initial and continuous training of the police, state public prosecutors, lawyers and judges on issues related to equal treatment and anti-discrimination, criminal provisions in force, relating to racism and racial discrimination and how to recognize the racist motivation of a crime ", Ms. Radošević-Marović said that one of the priorities in the reform of police administrative capacity at all levels. Basic training at the Police Academy includes training in human rights, ethics and work of police in multi-ethnic community. She pointed out that the Ministry for Human and Minority Rights, with the annual plan of training in the field of anti-discrimination, included many persons employed in all police units in order to raise awareness and sensitivity and training for dealing with cases related to discrimination. Ministry for Human and Minority Rights, with the support of the OSCE Mission, implemented a series of seminars featuring five individual seminars and workshops, from the general legal framework for anti-discrimination protection to certain forms of discrimination. After attending all the trainings, participants were given certificates. She pointed out that the Center for Judicial Training implemented 12 trainings. She recalled that the Proposal for the Law on Amendments to the Criminal Code is prepared, by which an aggravating circumstance for determining of the punishment is if a criminal offence is committed of the basis of racial discrimination.

MPs posed the following questions:

- How the ECRI national coordinator for Montenegro sees mutual cooperation of state authorities which are, in accordance with their competences, responsible for implementation of ECRI recommendations?

- With regard to the implemented trainings, seminars and educations for judges, prosecutors, lawyers, how many lawyers attended the trainings, is there a mechanism on the basis of which efficiency of various trainings can be measured?

- How the ECRI national coordinator for Montenegro sees the fact that in this moment there are 6 500 persons staying illegally in Montenegro because the deadline for submission of applications for the status of displaced and internally displaced persons determined by the Law on Foreigners expired on 31^st December, 2012, and the Proposal for the Law that extends the deadline until the 31^st December, 2013 is only now in the parliamentary procedure?

Ms. Radošević-Marović said that she coordinates and gathers information from competent state authorities on what has been done regarding implementation of ECRI recommendations, and that state authorities, within their responsibilities and competences, take specific activities, emphasizing the necessity of inter- sectorial cooperation in view of solving these issues. 

With regard to the trainings, she said that, according the data from the Center for Judicial Training, certain number of lawyers also attended trainings, although less that other judicial office holders. She said that there is no precise plan of educations at the annual level for judicial office holders.

Significant efforts have been made and numerous activities taken in order to fulfill ECRI recommendation regarding desegregation of persons living in Camp Konik, and besides solving their housing issues, measures regarding educations are being taken so that the children for Camp Konik can be included in seven other elementary schools in the territory of Podgorica. She pointed out that, according to the data from the Ministry of Interior Affairs, around 16,000 displaced and internally displaced persons residing in Montenegro, 9,500 persons of which applied for resolving status to the end of 2012, and 5600 have been solved, while up to date a total of 6300 applications are solved. Significant are the information campaigns, as well as organized visits to the countries of origin in order to help these people in gathering necessary documents. Recalling the ECRI statements according to which there is a risk that certain persons in Montenegro become stateless persons, she announced that according to the Law on Montenegrin Citizenship persons who do not possess citizenship of another state acquire Montenegrin citizenship if they meet the conditions provided by the Law, so that the risk does not exist.

Mr Benjamin Perks, Head of the UNICEF Office in Montenegro, stated that the RAE population in Montenegro generally lived badly, but that Montenegro was not the only country with such a state but that was also a case in numerous European countries. RAE population children attend school irregularly, large number has no elementary education, because their parents exclude them so they could beg. Another problem is early marriage, caused by traditional and cultural characteristics of this population. That is the reason, according to Perks, the Government of Montenegro to take additional measures for removing traditional and cultural characteristics of this population, and the training of police for establishing contacts with the RAE population. He assessed positively that there was no case of racial discrimination in Montenegro. 

Mr Siniša Bjeković MA, the ECRI member from Montenegro, stated that the ECRI report on Montenegro was diversely structured, because ECRI mandate was unlimited, which was one of the highest achievements of this body of the Council of Europe. He stated that with the current reform of specific laws, primarily the Anti-Discrimination Law, which would establish the racial discrimination standard in line with the ECRI recommendation No. 7, Montenegro would make significant steps regarding ECRI recommendations fulfilment. The work of the Protector of Human Rights and Freedoms is also significant, and coordination of all state bodies is necessary. The trainings should be continuous for all judicial office holders and police, and specialization in this field is also necessary, as well as higher quality in implementation of adopted legislation. When it comes to Camp Konik, he stated that the target group should be parents of the RAE population children, in order to raise their consciousness on the obligation of their children to attend schools, which would by time, improve the position of the whole population. Mr Bjeković emphasised that without help of international organisations and countries of the region, Montenegro would not be able to solve these issues.

He announced that the Roundtable with the topic “Judicial implementation of international standards in the discrimination area” would be held on 1^st October 2012, which would be good opportunity for education of judges, plaintiffs and other employed in judiciary on implementation of international standards in our practice.

Mr Šućko Baković, the Protector of Human Rights and Freedoms of Montenegro, emphasised that Institution of Protector, on the occasion of annual report drafting, starts from evaluations and recommendations given in international organisations reports. He assesses positively the activities of Montenegro conducted with the aim of improving the position of the RAE population, stating that money was not always crucial, but that also the willingness of a state and all citizens to take care of this population was important. He considers the date on the number of ROMA children attending the school, to be encouraging, pointing out that it was necessary continuously to work on the change of consciousness and existing habits among this population. He agreed with assessments that Montenegro, in view of economic situation, would not be able independently to solve the problem of displaced and internally displaced persons, but that better cooperation with countries of origin of this persons was necessary as well as help of international community. He assessed that, in addition to implemented trainings, in the following period, it was necessary to work on the change of the approach regarding the application of law, so the jurisprudence to be taken into account to greater extent.

Mr Dejan Obradović, UNHCR representative, stated that projects of social inclusions would be conducted in Camp Conic, significant for inclusion of the RAE population in Montenegrin society, and the longer period of time was necessary for it, as well as coordination of all subjects so the projects to be sustainable. The approach to the rights in the field of education, health, employment for persons accommodated in Camp Konik was also very important.

He considers that procedures for obtaining necessary documentation should be simplified, stressing that those were indigent persons, so very often they have no possibility to provide funding necessary for obtaining documents. He referred to the asylee issue, stating that in 2011 there was 235 asylees in Montenegro, while in 2012 there was 1531, thus a special attention should be paid to it.