The Committee considered the following: the Report of the 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 2012-2016 (Implementation of the Ombudsman’s Recommendations in respect of education – providing textbooks, and Roma Assistants), with regard to the Study on Obstacles in Education in Montenegro – Roma and Egyptian children, created by the UNICEF Office in Montenegro, in cooperation with the Delegation of the Parliament of Montenegro to PACE (Research implemented by IPSOS Agency); Strategy for improving the quality of life of LGBT persons for the 2013-2018 period, and 2012 Performance Report of the Centre for Development and Preservation Culture of Minorities of Montenegro.

Additionally, the Committee also considered Amendments (2) to the Proposal for the Law on Strike, submitted by the MPs Mr Zoran Jelić and Ms Marta Šćepanović. The MP Ms Marta Šćepanović elaborated on the submitted amendments, and the representative of the proponent for the Law on Strike, Ms Vesna Simović PhD, acting assistant to the Minister of Labour and Social Welfare, did not concur with the submitted amendments, after which the MP Ms Šćepanović withdrew them, so the Committee did not vote on them.

At this meeting, the Committee on Human Rights and Freedoms unanimously reached a Decision on Control Hearing of the Coordinator of the Coordination Committee for Monitoring of Implementation of Strategy for Permanently Resolving the Issue of Displaced and Internally Displaced Persons, with special regard to the Camp Konik I and II, Minister of Labour and Social Welfare Mr Predrag Bošković, which will be held at the fifteenth meeting of the Committee, on 25 July 2013.

Deputy Protector of the Human Rights and Freedoms of Montenegro Ms Marijana Laković sad that the Report of the Protector of Human Rights and Freedoms of Montenegro on protection against discrimination contained an overview of Ombudsman’s activities, which can be classified as the following: reactive action according to individual complaints by the citizens; monitoring the instances of discrimination and society trends through other sources; and proactive action, which mostly, was directed at raising awareness and knowledge with regard to the topics of prohibition of discrimination and developing the tolerance of citizens and state employees using round tables, conferences, television and radio shows. She pointed out that via these activities, as well as collecting data on discrimination instances from the courts, regional authorities for misdemeanours and inspection authorities, the Protector monitors the discrimination instances in society, with a view to the overview of state, achievement and the level of protection of the human rights and freedoms, development and raising of public awareness, respecting the standards of protection against discrimination, as well as its removal.

Deputy Protector of Human Rights and Freedoms said that in the report period the Ombudsman had 64 ongoing cases relating to discrimination, out of which the 63 cases were complaints and one was the initiative to the Parliament of Montenegro for adopting a law. The procedure was ended for 51 cases, while the process is still ongoing for the 13 cases. Out of the total number of cases, eight cases were transferred from 2011, and their procedure is over.

In the report year, the cases referred to discrimination on the grounds of the following: nationality – 21, gender – twelve, belonging to a group – seven, disability – five, sexual orientation and gender identity – three, and two complaints, and a proposal for submitting an initiative for adopting the Law, health condition – two, political orientation – four, religion and faith – one, language – one, and other personal properties – five.

Out of 51 completed cases, in one case the Ombudsman submitted the initiative for adopting the law; in one case the Ombudsman provided opinion with recommendations, in four cases the Ombudsman pointed out the violation of rights and future action of authorities in similar situations; in nine cases the procedure was discontinued, because the violation was removed during the procedure; in four cases the Ombudsman did not act due to lack of competence; in three cases the Ombudsman did not act because the complaint was not complemented within the deadline, or even after the deadline expiration (the submitters expressed complete passivity); in three cases the Ombudsman did not act because the party repeated the complaint without offering new evidence; in two cases the Ombudsman did not act because an anonymous complaint had been submitted, and there was no grounds for self-initiative action; in two cases the Ombudsman did not act because the other legal means to which he was referred were not exhausted; in six cases the Ombudsman referred the submitted of the complaint to other legal means. In twelve cases the Ombudsman did not determine the discriminatory action.

In the Report of Protector of Human Rights and Freedoms of Montenegro on Protection from Discrimination, there had been a first analysis of the anti-discriminatory legislation in Montenegro, with special regard to the Anti-Discrimination Law. Deputy Ombudsman said that during the drafting of the Report, they consulted with the NGOs engaged in promotion of equality and promotion of rights of minority groups.

Deputy Ombudsman Ms Marijana Laković said that certain types of discrimination were analysed in the Report, such as discrimination on the grounds of: nationality and language, gender, disability, gender identity and sexual orientation. 

She estimated that by adopting and implementing the legislative framework for protection against discrimination, and thus establishing the Protector of Human Rights and Freedoms as the institutional mechanism for protection against discrimination and other discriminatory regulations, a significant progress had been achieved in promotion and protection against discrimination. The state authorities achieved cooperation with the civil sector, especially regarding promotion of positive environment for members of vulnerable social groups. However, according to the Protector of Human Rights and Freedoms of Montenegro, discrimination is still present with regard to the Roma, persons with disabilities, persons of different sexual orientation, women, elderly persons, and members of the minorities and other national minority communities.

Members of the Committee on Human Rights and Freedoms asked numerous questions such as: What is the ration between the actual degree of existence of discriminatory behaviour in practice and number of submitted complaints on the basis of discrimination; To what degree was the Deputy Protector of Human Rights and Freedoms of Montenegro, who was a member of a unique Working Group for Drafting the Draft Law on Amendments to the Anti-Discrimination Law and the Draft Law on Amendments to the Law on Protector of Human Rights and Freedoms of Montenegro, involved in the public debate on Draft Law on Amendments to the Anti-Discrimination Law, and whether she participated in the meeting where all proposals and suggestions to the Draft of this Law submitted during the public debate were considered, and whether she was notified on holding of the meeting of Gender Equality Committee where the Draft Law on Amendments to the Anti-Discrimination Law was considered; Whether people in the institution of Protector of Human Rights and Freedoms of Montenegro have a realistic image on the effects of implemented trainings on the topic of protection against discrimination; Whether the institution of Protector of Human Rights and Freedoms of Montenegro has enough financial, staff and material capacities for performing all tasks prescribed by the Law on Protector of Human Rights and Freedoms of Montenegro and the Anti-Discrimination Law; Why there is still no electronic database on cases of reported discrimination; Whether people in the institution of Protector of Human Rights and Freedoms of Montenegro have encountered complaints on the grounds of political discrimination; What has been done  on the issue of constructing a pavilion for women, drug addicts, considering that only men are housed in the Centre at Kakaricka gora, thus this can be considered discrimination of women regarding the access to health and social care; and Whether people in the institution of Protector of Human Rights and Freedoms of Montenegro have so far encountered possible media discrimination by the public service against members of the minorities and other national minority communities, because they do not adequately follow the events and manifestations which the minorities organise in order to promote their identity and culture?

The answers to the posed questions were provided by the Deputy Protector of Human Rights and Freedoms of Montenegro. Additional clarifications regarding amendments to the Anti-Discrimination Law, work of the Working Group in charge of Amendments to the Anti-Discrimination Law and the Law on Protector of Human Rights and Freedoms of Montenegro, as well as organising a public debate on the Draft Law on Amendments to the Anti-Discrimination Law were provided by the Assistant to the Minister for Human and Minority Rights, Ms Blanka Radošević Marović. She assessed that this key – current Anti-Discrimination Law was significantly improved upon compared to the text drafted in the Working Group, believing that we got a good Proposal for the Law.

Following the discussion, the Committee on Human Rights and Freedoms unanimously accepted the Report of the Protector of Human Rights and Freedoms of Montenegro on protection against discrimination and decided to draft a Conclusion which they would submit to the Collegium of the President of the Parliament of Montenegro and the Ministry for Human and Minority Rights. 

Assistant to the Minister for Human and Minority Rights Mr Sabahudin Delić reminded that the Government of Montenegro, at the meeting held on 5 April 2012, adopted the Strategy for Improvement of Position of Roma and Egyptians in Montenegro 2012-2016 and Action Plan for implementation of the Strategy for 2012, in order to improve and promote the position of Roma and Egyptians in Montenegrin society, which should lead to a decrease of existing differences between their position and the position of the rest of population. He pointed out that, on 1 July 2013, Montenegro took over a one year presidency over the Decade of Roma under which they will undertake numerous activities in order to improve the position of the members of Roma population.

He pointed out that the Strategy defined the most significant areas of its implementation: resolving the legal status, education, employment and the labour rights, social and child care, violence against women and domestic violence, cultural and language identity, access to information, housing and participation in the public and political life.

A low level of education is still present with this population, as well as a low level of employment, to which their lifestyle certainly greatly contributes, so the Government activities are being carried out less dynamically than the Government really wants.

Considering that defining of legal status of each individual affects the corpus of rights that are at his/her disposal and that possession of ID documents represents a fundamental prerequisite for social inclusion and reduction of poverty in Roma and Egyptian population, because that enables them to have regular access to the labour market, social care, health and education services and everything else, which represents a condition for a normal organisation of life, significant efforts are being made to help the Roma and Egyptian population to obtain ID documents. With that aim, during 2012, an information campaign had been organised in seven municipalities, as well as 10 visits to Kosovo municipalities encompassing 406 persons and providing about 1500 of various documents. The Law on Foreigners had been amended for the third time so that the deadline for resolving the status of displaced and internally displaced persons had been extended until 31 December 2013, and in daily communication with the local offices and during the information campaign, the representatives of the local offices as well as the displaced persons of RE population, the participants in the campaigns, were being informed on characteristics of the needs of this population, and requirement of special approach in resolving their problems.

When speaking of education, the Assistant to the Minister for Human and Minority Rights Mr Sabahudin Delić said that the pre-school education coverage of Roma and Egyptian children makes up 13.81 per cent, which is half as many as the coverage of children at the state level, which makes up 26.65 per cent. He assessed positively the fact that the number of Roma and Egyptian children in primary education is increasing year after year, so in the school year 2012/2013 there was a total of 1853 students of Roma and Egyptian population in primary schools, i.e. 350 more than in 2005 when there were 530 students. He stated that the programmes of inclusion of children members of RE population were being implemented in continuity at all levels of education, and the most significant activities in 2012 were the following: Continued activity of desegregation: children from Camp Konik are being included into city schools and they have transportation provided for them. Ministry for Human and Minority rights financially supported the Ministry of Education for this activity; the implementation of the project “Support to the Full Social Inclusion Process” is ongoing through the 2010 IPA programme. Sub-goals of the project relate to the following: improvement of mechanisms for collecting and using data; developing models of pre-school: defining the manner of hiring and identifying means for RE assistants and prevention of dropping out in eight pilot schools; implemented activity of pre-schools for the children of RE population during the last two weeks of June 2012. Instead of two groups as initially planned, each consisting of fifteen children (a total of 30), one in Nikšić and one in Podgorica, the end-result was 161 children included in pilot kindergarten, due to which the Ministry of Education was really pleased with the response of parents and the turnout of children. The reason behind the expansion of the original number was a large interest of both parents and the children, and so followed the request of the Bureau for Education Services to enable all the children to be covered and to provide equal opportunities for everyone. In the two locations, the children were divided into seven groups: two in Nikšić and five in Podgorica. This project was implemented in five Montenegrin municipalities.

Chairperson of the Committee on Human Rights and Freedoms Dr Halil Duković, referring to the UNICEF Study on the Obstacles to Education in Montenegro: Roma and Egyptian Children, drew attention to the fact presented in the Study – that all children who were attending preschool education were enrolled in the first grade of primary school.

 - In 2012, Ministry for Human and Minority Rights together with the Ministry of Education provided textbooks for 880 students of RAE population enrolled in the first, second and third grade throughout the territory of whole Montenegro.

 - The program of scholarships and educational assistance has been continued for all high school and college students.

 - Projects organised in cooperation with the Roma Education Fund have been implemented, namely: “School clubs for help to RAE children” in school “Božidar Vuković Podgoričanin”, which includes organisation of dance, sports and art workshops for children living in Camp Konik as well as the Project “Urgent help to early development to RAE children” implemented in the kindergarten “Đina Vrbica” in its object in Konik settlement, which covers an additional group of 90 children.

-Center for Vocational Education implemented the project of basic adult education, thus 20 attendees finished the programme of basic functional literacy, and 47 attendees finished the program for basic occupations.

- Ministry for Human and Minority Rights and Ministry of Education have been implementing the project “SIMPLE” as a part of activities of the campaign/contest “Being the Second”, under the Adriatic IPA programme.

Speaking of the employment of Roma and Egyptian population, Assistant to the Minister Mr Delić stated that during the 2012, 88 persons who identified themselves as Roma and Egyptians were included in active labour market programs, and 53 members of the population were engaged in seasonal jobs. He stated that members of Roma and Egyptian population received same services as other users of health care. When it comes to the field of social and child care, he said that in October 2012 the Agreement on Cooperation between the Ministry of Labour and Social Welfare and OSCE on the "Best Practices for Roma Integration" was signed, which specified engagement of Roma assistants (mediators) in expert teams at the centres for social work and other social welfare institutions. He pointed out that the Ministry for Human and Minority Rights joined the campaign organised by Roma women organisations fighting against early and forced marriages among Roma and Egyptian population.

Furthermore, the Assistant to the Minister added that the Ministry for Human and Minority Rights provided translation into Romani language as well as printing of publications of most important normative acts and that the Strategy for improvement of position of Roma and Egyptians in Montenegro 2012-2016 was translated into English and Romani language and published.

He stated that, in June 2012, the Ministry organised "Summer camp of Romani language," and a seven-day vacation in Bijela was provided for the top 15 students of primary schools, where the classes were held in Romany language, by teachers from Subotica.

As the laws on media, harmonised with international standards, within the framework of the basic human right to informing, guarantee the members of minorities and other minority communities the right to be informed in native languages​​, the Assistant to the Minister for Human and Minority Rights stated that certain activities had been undertaken in that field. Radio Crna Gora realised 24 informative programs named "The Voice of Roma," lasting 30 minutes. During 2012,Television Crna Gora within its series “Mostovi” (Bridges), dedicated to culture, tradition and the position of minorities in Montenegro, broadcasted several shows dedicated to Roma. The Ministry of Culture opens the annual competition for the best media research report on the social integration of Roma in Montenegro, and Montenegrin printed and electronic media have the right to participate.

Chairperson of the Committee on Human Rights and Freedoms Dr Halil Duković praised detailed and comprehensive UNICEF Study on the Obstacles to Education in Montenegro: Roma and Egyptian Children, for its quality manner of presenting the problems that this population had been dealing with, and voiced hope that the Strategy for improvement of position of Roma and Egyptians in Montenegro and actions plans for its implementation would improve the current situation.

The Committee unanimously adopted the Information on implementation of the Strategy for improvement of position of Roma and Egyptians in Montenegro 2012 and decided to draft a Conclusion that would be delivered to the Collegium of the President of the Parliament of Montenegro and the Ministry for Human and Minority Rights.

Speaking of the implementation of the Strategy for improvement of position of Roma and Egyptians in Montenegro 2012-2018, Assistant to the Minister for Human and Minority Rights Ms Blanka Radošević Marović recalled that the Government of Montenegro adopted the Strategy for improving quality of life for LGBT population, on 9 May 2013, when the Action Plan for the 2013 following the Strategy was adopted.

Strategy for improving quality of life for LGBT population 2013-2018 is generally aimed at improvement of social position of LGBT population in Montenegro and their better integration in Montenegrin society. The Strategy defines aims, field of actions and measures necessary for its full implementation.

Assistant to the Minister for Human and Minority Rights considers as important that the Strategy creates good preconditions for implementation of the policy of human rights protection of LGBT population in Montenegro, which implies actual application of international legal constitutional and legislative standards, regulating observance of basic human rights. The Strategy also involves coordinated, joint and synchronised efforts of the Government of Montenegro and civil society organisations in providing political and other possible support for the protection and promotion of human rights of LGBT people.

Pointing out that the Strategy for improvement of position of Roma and Egyptians in Montenegro 2012-2018 was created as a systemic response of the Government of Montenegro on the perceived level of homophobia in Montenegrin society, exposure of LGBT persons to discrimination, and lack of actual measures leading to overall improvement of position of LGBT population in Montenegrin society, the Assistant to the Minister for Human and Minority Rights pointed out that the  basic principle of the Strategy was that the sexual orientation and gender identity were an integral part of the personality of every human being and should not be a basis for discrimination and abuse.

The Strategy is divided into areas representing important aspects of social life that interventions are necessary for:

-       institutional and legal framework;

-       the field of education as an important factor in the formation of attitudes of individuals;

-    field of health care through improving the health of members of LGBT community, without discrimination and prejudice;

-     the field of media, culture, sports, arts and other fields which will influence establishing of a new socio-cultural attitude towards LGBT people in Montenegro.

Speaking of the Action Plan for the 2013, the Assistant to the Minister for Human and Minority Rights stated that established actions were implemented with the aim of improving anti-discrimination policy and legislation and creation of an environment that would effectively protect the rights of LGBT persons. With regard to that, she stressed that the amendments to the regulatory framework that would significantly improve the legal protection of LGBT people were ongoing, namely: Law on Amendments to the Anti-discrimination Law, Law on Amendments to the Law on the Protector of Human Rights and Freedoms of Montenegro and Law on Amendments to the Criminal Code by which an aggravating circumstance for determining of the punishment is if a criminal offence is committed on the basis of sexual orientation or gender identity.

Assistant to the Minister for Human and Minority Rights stated that Work Plan of the Ministry for Human and Minority Rights for 2013 covered activities for realisation of the Action plan for implementation of the Strategy, including promotion of anti-discriminatory behaviour and practices through continuous implementation of seminars, workshops and trainings, according the established Plan  of implementation of anti-discrimination legislation, namely: civil servants, representatives of judiciary, representatives of local authorities, local offices and police outposts, inspection services, and others dealing with cases of discrimination or being responsible for providing protection from discrimination. This form of training in providing protection against discrimination is primarily related to providing protection for most vulnerable, marginalised social groups, including LGBT persons, who particularly subjected to discrimination and homophony.

For the purpose of better inclusion of LGBT persons, it is planned the memorandum of understanding and measures of fight against discrimination to be signed with local authorities. Drafting a report on breaching rights of LGBT persons, on the basis of reviews of national procedure, is also one of the tasks of the Ministry for Human and Minority Rights in cooperation with other competent organisations and bodies.

She stated that the Action plan envisaged initiation of the project and drafting of comparative analysis on standards and various models of laws on registered partnership, primarily taking into consideration models of: Denmark, France and Netherlands. This project i.e. comparative analyse will define recommendations for election of a model which would be the most suitable for Montenegrin conditions.

Ms Blanka Radošević Marović emphasised that the Action Plan envisaged a series of activities by the end of 2013, and the following would be working on the implementation of those:

Ministry of Education:

- Implementation of initiatives on non-violence and non-discrimination in schools;

- Drafting of analysis of curriculums and textbooks in terms of representation of LGBT issues;

- Training of teachers and professional services in schools on principles and measures of the Strategy;

Ministry of Labour and Social Welfare

- Trainings of social workers and other employees in centres for social work and institutions of social and child care for the purpose of understanding of LGBT persons in family and community;

Ministry of Interior and Police Administration:

- Continuous implementation of training for police officials for the work with LGBT community;

- Establishment of active cooperation between LGBT community and police services;

Ministry of Health:

- Strengthening capacities of health   workers and medical staff,

- Improvement of services in charge of for work with LGBT community

- Appointment of contact persons in the Ministry of Health and health institutions, particularly regarding transgender community,

- Inclusion of LGBT representatives in the consultative process and process of reaching decisions regarding all significant issues for LGBT community, and particularly drafting of the rulebook on sex change for medical reasons;

Ministry of Culture:

- Media promotion of non-discrimination relation in media in terms of reporting on topics dealing with treatment of LGBT community;

Montenegrin Olympic Committee:

- Establishment of dialogue and cooperation with LGBT community

Ministry of Tourism:

- Establishment of dialogue with relevant nongovernmental organisations with the aim of defining guidelines for implementation of projects in the field of LGBT tourism.

Director of LGBT Forum “Progress” Mr Zdravko Cimbaljević considers that the Strategy represents unique historical document. In his opinion, the Document addresses all issues important for everyday life, work and advance of each individual belonging to LGBT community. It is also important that Strategy is understandable for members of LGBT community, professionals from system, but also to all citizens whose behaviour and consciousness should be influenced on. The positive feature of the Document is provision of support and help to those who are currently opposing the concept of equality of all citizens regardless of their sexual orientation and gender identity. He urged all institutions to address all problems that LGBT persons are facing with, whether it is about organisation of parade or panels.

Committee Chairperson Mr Halil Duković emphasised that the position of LGBT persons was not satisfying, but the adopted Strategy was aimed at improvement of the position of LGBT persons, thus the Committee was in charge of monitoring its implementation.

The Committee on Human Rights and Freedoms unanimously adopted the Information on implementation of the Strategy for improving the position of Roma and Egyptians in Montenegro in 2012 and decided to draft a Conclusion that would be delivered to the Collegium of the President of the Parliament of Montenegro and the Ministry for Human and Minority Rights.

Additionally, the Committee on Human Rights and Freedoms unanimously adopted the Performance Report of the Centre for Development and Preservation Culture of Minorities of Montenegro for 2012, assessing that funds allocated to the Fund were disproportionate with its tasks relating promotion of culture, minorities and protection of its identity. The Committee decided to deliver the Report to the Collegium of the President of the Parliament of Montenegro and the Ministry for Human and Minority Rights.