Identifier
Created
Classification
Origin
08PODGORICA75
2008-03-04 16:38:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Podgorica
Cable title:
MONTENEGRO-EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP)
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SENSITIVE
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DEPT FOR G/TIP, G, INL, DRL, PRM, EUR/PGI, EUR/SCE
DEPT PLEASE PASS USAID
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB MW
SUBJECT: MONTENEGRO-EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT
REF: STATE 2731
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SENSITIVE BUT UNCLASSIFIED HANDLE ACCORDINGLY
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SIPDIS
SENSITIVE
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DEPT FOR G/TIP, G, INL, DRL, PRM, EUR/PGI, EUR/SCE
DEPT PLEASE PASS USAID
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB MW
SUBJECT: MONTENEGRO-EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT
REF: STATE 2731
PODGORICA 00000075 001.2 OF 015
SENSITIVE BUT UNCLASSIFIED HANDLE ACCORDINGLY
1. Post's submission of the draft Anti-trafficking in
Persons (TIP) report for Montenegro follows. Beginning with
Section I - Overview of Country Activities, responses are keyed
to reftel.
EMBASSY PODGORICA CONTACT INFORMATION
Embassy Podgorica POC for anti-trafficking is Human Rights
Officer Gina M. Werth, tel: (+382)81-225-417; fax:
(+382)81-241-358; e-mail: WerthGM@state.gov.
Ms. Werth, FS-04, spent approximately 40 hours
preparing the eighth annual TIP report. LES Political
Specialist, FSN-9, Zlatko Ivanovic, spent approximately 80 hours
preparing the TIP report.
2. Begin text of TIP Report.
I. OVERVIEW OF COUNTRY ACTIVITIES
II. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
III. PROTECTION AND ASSISTANCE TO VICTIMS
IV. PREVENTION
I. OVERVIEW OF COUNTRY ACTIVITIES
A. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Provide, where possible, numbers or estimates for
each group; how they were trafficked, to where, and for what
purpose. Does the trafficking occur within the country's
borders? Does it occur in territory outside of the government's
control (e.g. in a civil war situation)? Are any estimates or
reliable numbers available as to the extent or magnitude of the
problem? What is (are) the source(s) of available information
on trafficking in persons or what plans are in place (if any) to
undertake documentation of trafficking? How reliable are the
numbers and these sources? Are certain groups of persons more
at risk of being trafficked (e.g. women and children, boys
versus girls, certain ethnic groups, refugees, etc.)?
Montenegro is primarily a transit country for internationally
trafficked persons. The Office of the National Coordinator for
the Fight Against Human Trafficking in Montenegro claimed that
there were no cases in 2007 of Montenegrin citizens who were
trafficked and that Montenegro is not a country of origin.
However, according to the National Coordinator, women and girls
from Serbia, Bosnia and Herzegovina, Moldova, Romania, Ukraine
and Russia were trafficked across the territory of Montenegro
towards Western European countries, especially Italy, for sexual
and labor exploitation. In addition, the common practice in the
Roma community of sending their children to beg for money rather
than going to school could be considered a form of trafficking
under Montenegro's anti-trafficking legislation, embodied in
article 444 of the Criminal Code. However, it is not recognized
as such in practice by the Montenegrin authorities.
The National Coordinator, pursuant to his duties under the
National Anti-Trafficking Strategy adopted in November 2003, has
the primary responsibility to collect, monitor and create a
database of the trafficking situation in Montenegro. The
National Coordinator acquires data on criminal charges,
suits/complaints, criminal proceedings, and verdicts related to
trafficking as well as on the number of victims of human
trafficking in Montenegro. Post received this and other
information below from the National Coordinator's office, the
office of the Chief State Prosecutor, the Montenegrin Ministry
of Interior and prominent NGOs. Post considers the information
from the National Coordinator may under-report the seriousness
of the issue.
In 2007, there were a total of 13 protectees residing in the
shelter for victims of human trafficking that recieves direct
budget support from the Government of Montenegro through a
PODGORICA 00000075 002.2 OF 015
specific line item in the national budget. Only one of the
protectees was confirmed to be a victim of human trafficking.
Other protectees resided in the shelter for different reasons.
For example, victims of human smuggling were placed in the
shelter because it was not possible to accommodate them
elsewhere in Montenegro.
B. Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report (e.g. changes in direction). (Other items to
address may include: What kind of conditions are the
victims trafficked into? Which populations are targeted by the
traffickers? Who are the traffickers/exploiters? Are they
independent business people? Small or family-based crime
groups? Large international organized crime
syndicates? What methods are used to approach victims?
(Are they offered lucrative jobs, sold by their families,
approached by friends of friends, etc.?) What methods are used
to move the victims (e.g., are false documents being used?).
Are employment, travel, and tourism agencies or marriage brokers
involved with or fronting for traffickers or crime groups to
traffic individuals?
Montenegro signed the UN Convention of Palermo on Transnational
Organized Crime, including the Protocol for Prevention,
Suppression and Punishment of Human Trafficking in 2001. The
government adopted the National Strategy for the "Fight Against
Human Trafficking" in November 2003. The strategy was adopted
in cooperation with the then-U.S. Consulate in Podgorica and
Embassy Belgrade, OSCE, the International Organization for
Migration (IOM) and relevant ministries. The strategy includes
three parts: prevention, prosecution and protection. It was
drafted in accordance with the standards contained in the UN
Convention and Protocol on Human Trafficking.
Montenegro's anti-trafficking legislation was adopted in April
2004, as article 444 of the Criminal Code. In 2005, Montenegro
established the Office of the National Coordinator for the Fight
Against Human Trafficking, who is responsible for implementation
of the national strategy and for coordination of activities of
the government ministries, international organizations and NGOs
through two bodies: the Working Group and the Project Board, in
which the relevant ministries and organizations are represented.
The Project Board, chaired by the National Coordinator, includes
representatives of the police, the Government Office for Gender
Equality, OSCE, Council of Europe, IOM, UNICEF, USAID, Save the
Children, and two local NGOs, "Safe Women's House" and
"Montenegrin Women's Lobby". The Project Board evaluates the
current situation of human trafficking in Montenegro,
disseminates information and establishes the guidelines for
future activities. The Working Group, also chaired by the
National Coordinator, was formed to monitor and implement the
national strategy. The Working Group includes representatives,
at the level of assistant ministers, of the Ministry of Health,
Labor and Social Welfare, the Ministry of Justice, the Ministry
of Education and Science, the Chief State Prosecutor's office,
and police with the international organizations of the OSCE,
Council of Europe, IOM; the U.S. Embassy Podgorica has observer
status. The Working Group previously met monthly to monitor
progress in the implementation of the national strategy.
However, post notes that there has not been a single meeting
during the reporting period. A Special Anti-Trafficking Team
was established by the Montenegrin Ministry of Interior in April
2005. In December 2005, the Ministry of Interior adopted the
Regulations on Conditions and Temporary Stay of Foreign
Nationals - Victims of Human Trafficking, according to which a
victim can stay in Montenegro for as long as the need for
protection of a victim may require, or during a trial. Some
pending issues contained in the regulations will be fully
resolved by the New Law on Foreign Nationals.
In early 2007, the new Regulations on the Organization of
Working Places in Police Directorate were adopted. Under those
regulations, the duties and responsibilities of the Police
Special Anti-Trafficking Team were transferred to the Criminal
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Police's Department for Fighting Organized Crime and Corruption
Within this group, there is a separate line of responsibility
for fighting human trafficking and illegal migration - human
smuggling. Police responsibilities for fighting human
trafficking and other elements of organized crime are regulated
by several laws: Chapter XXX on Organized Crime of the Law on
Criminal Proceedings, Criminal Code, Law on Police, Law on
Witness Protection, Law on Foreign Nationals, Law on State
Border, Law on Asylum, etc.
On October 10, 2007, the government signed a new Memorandum of
Understanding for Mutual Cooperation with NGOs. On the
government side, signatory parties included the Ministry of
Health, Labor and Social Welfare; Ministry of Education; Chief
State Prosecutor; and the police. NGOs included the Montenegrin
Women's Lobby, Montenegrin Safe House, and the Center Plus.
The purpose of the new MoU is to improve state/NGO cooperation
in fighting human trafficking through prevention, education,
prosecution, and protection of possible victims of human
trafficking, in particular women and children.
There was only one reported trafficking victim in Montenegro in
2007. The National Coordinator reported that human trafficking
in Montenegro occurs on an exceptional basis and that most
criminal organizations are not involved.
NGOs involved in combatting human trafficking believe Montenegro
has an adequate legal framework to fight against trafficking.
However, they generally believe that official statistics
underreport the problem, and that the authorities need to focus
more attention on the issue. In addition, NGOs have mentioned
that retention of trained anti-trafficking police officers is a
problem.
Post notes that the issue of retention is not unique to officers
trained to combat trafficking, but is a systemic problem for the
entire police department (as reported by U.S. funded experts as
well as other donors working on law enforcement reforms in
Montenegro.)
C. Which government agencies are involved in anti-
trafficking efforts and which agency, if any, has the lead?
The following GOM entities are involved in
anti-trafficking efforts in Montenegro:
-Office of the National Coordinator for the Fight against Human
Trafficking
-Chief State Prosecutor
-Ministry of Interior/Police Directorate
-Ministry of Health, Labor and Social Welfare
-Ministry of Education
The National Coordinator has the overall lead in coordinating
anti-trafficking efforts in Montenegro. The National
Coordinator is supposed to: 1) coordinate the activities of the
relevant government institutions, international and
non-governmental organizations as they seek to implement the
National Anti-trafficking Strategy, aiming to protect victims,
prevent human trafficking and prosecute the perpetrators; 2)
participate at international
conferences/seminars/roundtables/forums; and 3) monitor the
implementation of the action plan and report to the Government
of Montenegro.
D. What are the limitations on the government's ability to
address this problem in practice? For example, is
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funding for police or other institutions inadequate? Is
overall corruption a problem? Does the government lack the
resources to aid victims?
The government's ability to address human trafficking is limited
by funding and by a backlogged and ineffective judicial process
that impact both criminal and civil courts. As mentioned above,
some NGOs also believe that official statistics underreport the
problem of trafficking, and that the authorities need to focus
more attention on the problem.
Also, the National Coordinator failed to hold a single meeting
of the Working Group during the reporting period.
The Government's National Coordinator also reported that many of
the government actors involved in anti-trafficking were only
paid for their primary job within the government, and not for
their efforts in the anti-trafficking field. Further, the
National Coordinator said the judiciary failed to act promptly
when human trafficking cases were brought to court (however, the
National Coordinator also reported that through workshops,
judicial processing of these cases has improved).
E. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations,
its assessments of these anti-trafficking efforts?
The National Coordinator reported that his office is in charge
of collecting all data related to prosecution, protection and
prevention and periodically submits reports to the Prime
Minister and international partners.
II. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
A. Does the country have a law specifically prohibiting
trafficking in persons--both for sexual and non-sexual
purposes (e.g. forced labor)? If so, please specifically
cite the name of the law and its date of enactment and
provide the exact language of the law prohibiting TIP and
all other law(s) used to prosecute TIP cases. Does the
law(s) cover both internal and external (transnational)
forms of trafficking? If not, under what other laws can
traffickers be prosecuted? For example, are there laws
against slavery or the exploitation of prostitution by
means of force, fraud or coercion? Are these other laws
being used in trafficking cases? Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes, (e.g., civil forfeiture laws and laws
against illegal debt).
Post notes that due to the successful signing of the SAA with
the EU, Montenegro will begin a process of harmonizing its
legislation to meet EU legal standards. As such the criminal
code will over the next 18 to 24 months undergo a process of
review and revision by EU legal experts. As such many of the
following codes will be amended to comply with EU directives on
human trafficking.
Montenegro's anti-trafficking law specifically prohibits
trafficking in persons for the purposes of exploitation, sexual
or non-sexual. This law came into effect in April 2004, under
article 444 of the Criminal Code.
PODGORICA 00000075 005.2 OF 015
Article 444, Paragraph 1 of the Criminal Code:
Anyone who by force or threat, deceit or delusion, by abuse of
authority, trust, relationship of dependency, difficulty of
position of another person or by keeping identification papers
or by giving or receiving money or other benefit for the purpose
of obtaining consent of a person having control over another:
recruits, transports, transfers, hands over, sells, buys,
mediates the sale, hides or keeps another person for
exploitation of work, submission to servitude, commission of
crimes, prostitution or begging, pornographic use, taking away a
body part for transplantation or for use in armed conflicts,
shall be punished by imprisonment for a term of one to ten
years.
According to the National Coordinator, this provision covers
both internal and transnational trafficking in persons.
Statistics show that there is little internal trafficking in
Montenegro; it tends to have an international character.
Nevertheless, trafficking is punishable in Montenegro, even if
only one of its phases occurred in Montenegro.
The Montenegrin Criminal Code also prescribes penalties for
trafficking in children for adoption (Article 445) and
submission to slavery and transportation of enslaved persons
(Article 446). Facilitation of prostitution by use of force,
fraud or coercion is addressed in Article 444 of the Criminal
Code. If there is the use of force, fraud, or coercion, a
person whose body is exploited for sexual purposes does not have
any freedom to decide, so it is not a case of prostitution but
human trafficking. Article 112, Paragraph 1 of the Criminal
Code provides that no one shall be allowed to retain any
material gain obtained by a criminal offense. The procedure for
confiscating property acquired via illegal means is regulated by
Montenegrin Criminal Procedure Law, articles 538 to 545.
B. What are the prescribed penalties for trafficking
people for sexual exploitation? What penalties were
imposed for persons convicted of sexual exploitation over
the reporting period? Please note the number of convicted sex
traffickers who received suspended sentences and the number who
received only a fine as punishment.
Montenegro's trafficking legislation stipulates that those found
guilty shall be punished by imprisonment for a term of one to
ten years.
A perpetrator of human trafficking, pursuant to Article 444 of
the Criminal Code, cannot be punished via suspended sentence or
a fine.
C. Punishment of Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor and
involuntary servitude? Do the government's laws provide
for criminal punishment -- i.e. jail time -- for labor
recruiters in labor source countries who engage in
recruitment of laborers using knowingly fraudulent or
deceptive offers that result in workers being trafficked in the
destination country? Are there laws in destination countries
punishing employers or labor agents in labor destination
countries who confiscate workers' passports or travel documents,
switch contracts without the worker's consent as a means to keep
the worker in a state of service, or withhold payment of
salaries as means of keeping the worker in a state of service?
If law(s) prescribe criminal punishments for these offenses,
what are the actual punishments imposed on persons convicted of
these offenses? Please note the number of convicted labor
PODGORICA 00000075 006.2 OF 015
traffickers who received suspended sentences and the number who
received only a fine as punishment.
The Criminal Code makes no distinction between the criminal
penalties for human trafficking for sexual exploitation and
human trafficking for labor exploitation.
D. What are the prescribed penalties for rape or
forcible sexual assault? How do they compare to the
prescribed penalties for crimes of trafficking for
commercial sexual exploitation?
Under Article 204, paragraph 1 of the Criminal Code, rape
carries a penalty of two to ten years imprisonment. Aggravated
rape carries a sentence of one to eight years.
A prison term of three to fifteen years may apply in the
following circumstances:
a) if the criminal act is committed by several persons;
b) if the criminal act is committed in an especially cruel
manner;
c) if the consequence of the act is pregnancy;
d) if a victim is a minor;
e) if severe bodily injury is inflicted on a victim.
A perpetrator faces a sentence of five to eighteen years
imprisonment if the victim is a child below 14 years of age or
if the victim died.
E. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized? Are
these laws enforced? If prostitution is legal and regulated,
what is the legal minimum age for this activity? Note that in
many countries with federalist systems, prostitution laws may be
under state or local jurisdiction and may differ among
jurisdictions.
Under Article 210, paragraph 1 of the Criminal Code,
facilitation of prostitution is criminalized and is punishable
by a fine or imprisonment not to exceed one year. If the
prostitution involves a minor, the perpetrator faces
imprisonment for a term of one to ten years. A person who
prostitutes him/herself faces civil penalties in accordance with
article 24, paragraph 1 of the Law on Public Peace and Order.
F. Has the government prosecuted any cases against human
trafficking offenders? If so, provide numbers of
investigations, prosecutions, convictions, and sentences
served, including details on plea bargains and fines, if
relevant and available. Please indicate which laws were
used to investigate, prosecute, convict, and sentence
traffickers. Also, if possible, please disaggregate by
type of TIP (labor vs. commercial sexual exploitation) and
victims (children, as defined by U.S. and international law as
under 18 years of age, vs. adults). Does the government in a
labor source country criminally prosecute labor recruiters who
recruit laborers using knowingly fraudulent or deceptive offers
or impose on recruited laborers inappropriately high or illegal
fees or commissions that create a debt bondage condition for the
laborer? Does the government in a labor destination country
criminally prosecute employers or labor agents who confiscate
workers' passports/travel documents, switch contracts or terms
of employment without the worker's consent, use physical or
sexual abuse or the threat of such abuse to keep workers in a
state of service, or withhold payment of salaries as a means to
keep workers in a state of service? Are the traffickers serving
PODGORICA 00000075 007.2 OF 015
the time sentenced? If not, why not? Please indicate whether
the government can provide this information, and if not, why not?
The Ministry of Interior reported that in 2007, the Police
Directorate filed two criminal charges for trafficking in human
beings (Article 444 of the Criminal Code),against three
perpetrators, for the trafficking of four persons.
According to the Chief State Prosecutor's office, in 2007, two
perpetrators committed the criminal act of trafficking in human
beings and were convicted. In media reports, three perpetrators
were convicted for human trafficking under Article 444 of the
Criminal Code and were sentenced to five years imprisonment,
respectively. The Chief State Prosecutor's office stated that
there are an additional seven indictments that have been filed
and are still pending.
The National Coordinator and the Chief State Prosecutor's office
informed post that final data are not yet available and will be
published in the government's annual report for 2007.
G. Does the government provide any specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking? Specify whether NGOs,
international organizations, and/or the USG provide specialized
training for host government officials.
International organizations, normally through the National
Coordinator's office and relevant ministries, have organized
training workshops for judges, police officers, and others
involved in anti-trafficking efforts, to discuss methods used to
supress trafficking in human beings, prosecute perpetrators and
protect the rights of the victims, including, also, protecting
victims from the perpetrators. These training workshops enhanced
cooperation with NGOs, relevant institutions and other elements
of civil society.
As part of the project "Capacity Building of Judges and
Prosecutors in Montenegro in the Area of Fighting Trafficking in
Human Beings", financed by the Italian Government, the Ministry
of Justice and the International Organization for Migration, a
manual was drafted to train judges and prosecutors, printed both
in English and Montenegrin. The manual was intended to help
judges and prosecutors in processing trafficking cases,
including with the pretrial process, bringing indictments, and
finally with trial and verdict.
H. Does the government cooperate with other governments
in the investigation and prosecution of trafficking cases? If
possible, can post provide the number of cooperative
international investigations on trafficking during the reporting
period?
Montenegro is developing its bilateral, regional and
multilateral cooperation with other states in the
anti-trafficking field. Cooperation occurs between Montenegrin
police and prosecutors and their counterparts from other
countries.
During training at the Police Academy, the police train and
educate new police officers about the problem of human
trafficking. The topic of human trafficking has been included in
the regular curriculum of the Academy for all police officers
through a number of subjects.
Specialized workshops for the members of the criminal and border
police have been organized in cooperation with the OSCE, ICITAP,
PODGORICA 00000075 008.2 OF 015
IOM, and UNDP.
I. Does the government extradite persons who are charged
with trafficking in other countries? If so, can post
provide the number of traffickers extradited during the
reporting period? Does the government extradite its own
nationals charged with such offenses? If not, is the
government prohibited by law form extraditing its own
nationals? If so, what is the government doing to modify
its laws to permit the extradition of its own nationals?
The Montenegrin Constitution forbids the extradition of its
citizens. However, under the Extradition Law, Montenegro will
extradite foreign nationals provided that the legal conditions
are met.
J. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.
Currently, there is no evidence of official involvement in human
trafficking.
K. If government officials are involved in trafficking,
what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What
sentence(s) was imposed? Please specify if officials
received suspended sentences, were given a fine, fired, or
reassigned to another position within the government as
punishment. Please provide specific numbers, if available.
Please indicate the number of convicted officials that received
suspended sentences or received only a fine as punishment.
There have been no cases of high ranking officials
investigated for involvement in human trafficking since 2004.
L. As part of the new requirements of the 2005 TVPRA,
for countries that contribute troops to international
peacekeeping efforts, please indicate whether the
government vigorously investigated, prosecuted, convicted
and sentenced nationals of the country deployed abroad as
part of a peacekeeping or other similar mission who engage in or
facilitate severe forms of trafficking or who exploit victims of
such trafficking.
This question is not applicable to Montenegro.
M. If the country has an identified child sex tourism
problem (as source or destination),how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin? What are
the countries of origin for sex tourists? Do the country's
child sexual abuse laws have extraterritorial coverage (similar
to the U.S. PROTECT Act)? If so, how many of the country's
nationals have been prosecuted and/or convicted under the
extraterritorial provision(s) for traveling to other countries
to engage in child sex tourism?
In September 2006, the OSCE Mission in Montenegro, the Ministry
of Tourism and the National Coordinator's office launched a
joint project entitled the "Public-Private Cooperation in the
Prevention of Trafficking and Sexual Exploitation of Minors in
the Travel and Tourism Industry." According to the National
Coordinator and NGOs, child sex tourism has not been reported as
a problem in Montenegro.
III. PROTECTION AND ASSISTANCE TO VICTIMS:
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A. Does the government assist foreign trafficking
victims, for example, by providing temporary to permanent
residency status, or other relief from deportation? If so,
please explain.
Since 2005, Montenegro has granted temporary residence status to
trafficking victims for an interval of three months, six months,
or one year, depending on the circumstances of the case.
Montenegro will soon adopt a new Law on Foreigners, according to
which victims of human trafficking will be given a privileged
status that will enable them to get a temporary residence permit
or permanent resident status in Montenegro. Pursuant to the
provisions of this law, the state institutions will provide
victims with residence in a shelter, or other appropriate place
to stay, for not more than three months. During their stay,
foreigners will be provided with necessary medical,
psychological and social assistance, as well as legal advice on
their status.
B. Does the country have victim care facilities which
are accessible to trafficking victims? Do foreign victims have
the same access to care as domestic trafficking victims? Does
the country have specialized facilities dedicated to helping
victims of trafficking? If so, can post provide the number of
victims placed in these care facilities during the reporting
period? What is the funding source of these facilities? Please
estimate the amount the government spent (in U.S. dollar
equivalent) on these specialized facilities dedicated to helping
trafficking victims during the reporting period. Does the
government provide trafficking victims with access to legal,
medical and psychological services? If so, please specify the
kind of assistance provided, and the number of victims assisted,
if available.
Montenegro has three shelters for victims of human trafficking.
Two of the shelters -- run by "Montenegrin Women's Lobby" and
"Safe Women's House" -- are "closed" shelters, meaning that the
victims are under supervision 24 hours a day. The third
shelter, run by "Center Plus," is a transition home for victims
of human trafficking.
All expenses for the shelter run by the Montenegrin Women's
Lobby are paid for out of the National Coordinator's budget,
while other shelters are funded mostly by foreign donors.
Trafficking victims are provided with medical, psychological and
social assistance, as well as legal advice regarding their
status. As stated above, only one trafficking victim was
sheltered during 2007.
C. Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided is in-kind, please specify
exact assistance. Please explain if funding for assistance
comes from a federal budget or from regional or local
governments.
As stated above, the national government provides all funding
for Montenegrin Women's Lobby, its designated shelter for
trafficking victims, through the National Coordinator's budget.
D. Do the government's law enforcement, immigration, and
social services personnel have a formal system of
proactively identifying victims of trafficking among high-risk
persons with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration
violations)? What is the number of victims identified
during the reporting period? Has the government developed and
implemented a referral process to transfer victims detained,
arrested or placed in protective custody by law enforcement
authorities to institutions that provide short-or long-term
care? How many victims were referred for assistance by law
enforcement authorities during the reporting period?
PODGORICA 00000075 010.2 OF 015
Early in 2007, as part of an overall plan to reorganize the
police force, the separate anti-trafficking police team and
powers were transferred to the organized crime department of the
criminal police. Law enforcement personnel, including those at
the borders, often lacked training in how to recognize
trafficking operations. During the year, international
organizations, with the cooperation of Montenegrin authorities,
sponsored training on trafficking problems for police (including
border police),prosecutors, and judges.
The government has developed a referral process for transfer
victims detained by law enforcement authorities. Police contact
the government sponsored shelter when a victim has been
identified. However, only one trafficking victim was identified
during the reporting period.
During 2007, three people, all Montenegrin citizens, were
charged with human trafficking and facilitation in prostitution
in two cases involving five victims. One victim was a female
national of Montenegro and others were female nationals of
Serbia. One victim was accommodated in the shelter run by
Montenegrin Women's Lobby in Podgorica while the other victims
were sent back, at their request, to Serbia.
The table below contains official police statistics on the
number of criminal charges for period 2004 - 2007:
Human Trafficking and Smuggling, 2004 - 2007:
Criminal Cases 2004 2005 2006 2007
Human trafficking 6 5 1 2
Facilitation in prostitution 3 2 3
Trafficking in children 1
for adoption
Employment on slavery grounds
Illegal border crossings 10 5 7 10
and human smuggling
TOTAL 19 12 9 15
E. For countries with legalized prostitution: does the
government have a mechanism for screening for trafficking
victims among persons involved in the legal/regulated
commercial sex trade?
Montenegro does not permit legalized prostitution, therefore,
this question does not apply.
F. Are the rights of victims respected? Are trafficking
victims detained or jailed? If detained or jailed, for
how long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing
immigration or prostitution?
According to the Chief State Prosecutor's office, victims of
trafficking enjoy the maximum level of protection in Montenegro.
They are neither prosecuted nor detained. Montenegro, through
its designated trafficking shelter and government agencies,
provides physical, psychological and social rehabilitation to
human trafficking victims. However, NGOs have reported that
there is still a lack of sensitivity toward human trafficking
victims, particularly within the judiciary, while the
relationship with police has been successful. Officials claim
that there are no recorded cases of victims of human trafficking
being prosecuted for minor offenses or criminal acts related to
illegal migration or prostitution.
G. Does the government encourage victims to assist in
PODGORICA 00000075 011.2 OF 015
the investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file civil
suits or seek legal action against traffickers? Does anyone
impede victim access to such legal redress? If a victim is a
material witness in a court case against a former employer, is
the victim permitted to obtain other employment or to leave the
country pending trial proceedings? Are there means by which a
victim may obtain restitution?
According to the National Coordinator, the Law on Witness
Protection provides for the protection of witnesses, including
victims of human trafficking, by first, ensuring their physical
protection, then, if necessary, relocating the witness, and
finally, if all other measures prove inefficient, concealing the
witness' identity, using altered personal documents.
Specifically, Montenegro allows for the possibility of having a
protected witness testify in court using a pseudonym or
testifying with the assistance of technical equipment to
disguise the witness' identity. According to NGOs, the
government should do more to encourage victims to assist in the
investigation and prosecution of trafficking. NGOs did praise
the response of the police in human trafficking cases, however.
All victims, to date, have given their statements to police.
However, trafficking victims are not forced to participate in
the investigation and/or prosecution of trafficking. Trafficking
victims may file civil suits against traffickers or seek legal
action against traffickers. The access of victims to legal
redress is not impeded. A victim is permitted to obtain other
employment or to leave the country pending trial proceedings.
There were no cases in which a victim obtained restitution.
H. What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in
practice? What type of shelter or services does the government
provide? Are these services provided directly by the government
or are they provided by NGOs or IOs funded by host government
grants? Does the government provide shelter or housing benefits
to victims or other resources to aid the victims in rebuilding
their lives? Where are child victims placed (e.g., in shelters,
foster care, or juvenile justice detention centers)? What is
the number of victims assisted by government-funded assistance
programs during the reporting period? What is the number of
victims assisted by non government-funded assistance programs?
What is the number of victims that received shelter services
during the reporting period?
The government provides to potential victims of human
trafficking adequate support and protection. In practice, this
means that the potential victims of human trafficking,
protectees residing in the government-funded shelter, are
provided with medical, legal, psychological and other forms of
support, including monitoring the victims throughout the
criminal proceedings as well as through the process of
reintegration. The government allocates the necessary financial
resources to the shelter.
I. Does the government provide any specialized training
for government officials in identifying trafficking victims and
in the provision of assistance to trafficked victims, including
the special needs of trafficked children? Does the government
provide training on protections and assistance to its embassies
and consulates in foreign countries that are destination or
transit countries? Does it urge those embassies and consulates
to develop ongoing relationships with NGOs and IOs that serve
trafficked victims? What is the number of trafficking victims
assisted by the host country's embassies or consulates abroad
during the reporting period? Please explain the level of
assistance. For example, did the host government provide travel
documents for the victim to repatriate, did the host government
contact NGOs in either the source or destination countries to
ensure the victim received adequate assistance, did the host
government pay for the transportation home for a victim's
repatriation, etc.
Training workshops have been organized for judges, police
officers, and others involved in anti-trafficking efforts, to
discuss methods used to supress trafficking in human beings,
prosecute perpetrators and protect the rights of the victims,
PODGORICA 00000075 012.2 OF 015
including, also, protecting victims from the perpetrators. These
training workshops enhanced cooperation with NGOs, relevant
institutions and other elements of civil society.
In 2005, as part of the project entitled "Capacity Building of
Judges and Prosecutors in Montenegro in the Area of Fighting
Trafficking in Human Beings", financed by the Italian
Government, the Ministry of Justice and IOM, a manual was
drafted to train judges and prosecutors, printed both in English
and Montenegrin. The manual was intended to help judges and
prosecutors in processing trafficking cases, including with the
pretrial process, bringing indictments, and finally with trial
and verdict.
During training at the Police Academy, the police train and
educate new police officers about the problem of human
trafficking. The topic of human trafficking has been included in
the regular curriculum of the Academy for all police officers
through a number of subjects.
Specialized workshops for the members of the criminal and border
police have been organized in cooperation with the OSCE, ICITAP,
IOM, and UNDP.
J. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its nationals
who are repatriated as victims of trafficking?
There are no cases of repatriation.
K. Which international organizations or NGOs, if any,
work with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive
from local authorities? How much funding (in U.S. Dollar
Equivalent) did NGOs and international organizations
receive from the host government for victim assistance
during the reporting period? Please disaggregate funding
for prevention and public awareness efforts from victim
assistance funding. NOTE: If post reports that a
government is incapable of providing direct assistance to
TIP victims, please assess whether the government ensures
that TIP victims receive access to adequate care from other
entities. Funding, personnel, and training constraints should
be noted, if applicable. Conversely, the lack of political will
in a situation where a country has adequate financial and other
resources to address the problem should be noted as well.
International Organizations:
-OSCE
-IOM
NGOs:
-Montenegrin Women's Lobby
-Safe Woman's House
-Center Plus
IV. PREVENTION:
-- A. Does the government acknowledge that trafficking is a
problem in the country? If not, why not?
PODGORICA 00000075 013.2 OF 015
According to the National Coordinator, trafficking in human
beings in Montenegro occurs on an exceptional basis and is most
often associated with the facilitation of prostitution. There is
one recorded case of trafficking in males for labor
exploitation.
B. Are there, or have there been, government-run anti-
trafficking information or education campaigns conducted
during the reporting period? If so, briefly describe the
campaign(s),including their objectives and effectiveness.
Please provide the number of people reached by such awareness
efforts if available. Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor)?
During 2005, Save the Children, through its UK office, organized
workshops for one third of all high schools and one quarter of
all elementary schools. The workshops were aimed at introducing
young people, ages 12 to 18, to the phenomenon of trafficking in
children, and sought to educate them on how to recognize
potential risks. The workshop results were gathered and a
brochure was published.
The government also sponsored a Directory of Institutions and
Organizations involved in the Fight against Trafficking in Human
Beings. This document was published in early 2004 and revised
in 2007. The new, updated version of Directory contains contact
information for 24 institutions and organizations (governmental,
non-governmental and international),and a brief description of
their roles in the fight against trafficking. The Directory has
been disseminated to all relevant parties involved in
anti-trafficking activities, as well as to Montenegro's
diplomatic and consular missions abroad.
C. What is the relationship between government
officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue?
The National Coordinator has the overall lead in coordinating
anti-trafficking efforts in Montenegro. The National
Coordinator is supposed to: 1) coordinate the activities of the
relevant government institutions, international and
non-governmental organizations as they seek to implement the
National Anti-trafficking Strategy, aiming to protect victims,
prevent human trafficking and prosecute the perpetrators; 2)
participate at international
conferences/seminars/roundtables/forums; and 3) monitor the
implementation of the action plan and report to the Government
of Montenegro.
NGOs involved in combatting trafficking generally believe that
the government underestimates the extent to which trafficking
remains a problem in Montenegro.
D. Does the government monitor immigration and
emigration patterns for evidence of trafficking? Do law
enforcement agencies screen for potential trafficking
victims along borders?
In cooperation with border police, the Organized Crime unit of
the police (which is responsible for investigating trafficking
cases) monitors all immigration and emigration patterns,
exchanges intelligence with other countries and conducts joint
international investigations.
E. Is there a mechanism for coordination and
communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task
PODGORICA 00000075 014.2 OF 015
force? Does the government have a trafficking in persons
working group or single point of contact? Does the
government have a public corruption task force?
As stated above, the National Coordinator has the overall lead
in coordinating anti-trafficking efforts in Montenegro. The
National Coordinator is supposed to: 1) coordinate the
activities of the relevant government institutions,
international and non-governmental organizations as they seek to
implement the National Anti-trafficking Strategy, aiming to
protect victims, prevent human trafficking and prosecute the
perpetrators; 2) participate at international
conferences/seminars/roundtables/forums; and 3) monitor the
implementation of the action plan and report to the Government
of Montenegro.
There is a Project Board and an anti-trafficking Working Group.
The Project Board, chaired by the National Coordinator, includes
representatives of the police, the Government Office for Gender
Equality, OSCE, Council of Europe, IOM, UNICEF, USAID, Save the
Children, and two local NGOs, "Safe Women's House" and
"Montenegrin Women's Lobby". The Project Board considers the
current situation of human trafficking in Montenegro, exchanges
information and establishes the guidelines for future
activities. The Working Group, also chaired by the National
Coordinator, was formed to monitor and implement the national
strategy. The Working Group includes representatives, at the
level of assistant ministers, of the Ministry of Health, Labor
and Social Welfare, the Ministry of Justice, the Ministry of
Education and Science, the Chief State Prosecutor's office, the
police, OSCE, Council of Europe, IOM, and U.S. Embassy
Podgorica, as an observer. The Working Group previously met
monthly to monitor progress in the implementation of the
national strategy. However, post noted that there has not been
a single meeting during the reporting period.
The Agency for the Anti-Corruption Initiative was formed to
address corruption.
F. Does the government have a national plan of action to
address trafficking in persons? If so, which agencies were
involved in developing it? Were NGOs consulted in the process?
What steps has the government taken to
disseminate the action plan?
Montenegro adopted an Action Plan for the Fight against
Trafficking in Human Beings, which defined obligations and
goals, including precise timelines and the delegation of
responsibility to specific organizations. NGOs were consulted in
the process of forming the Action Plan. However, implementation
has not kept pace with NGO expectations.
G: For all posts: As part of the new criteria added to
the TVPA's minimum standards by the 2005 TVPRA, what
measures has the government taken during the reporting
period to reduce the demand for commercial sex acts? (see ref
B, para. 9(3) for examples)
There is a close connection between prostitution and trafficking
in human beings for sexual exploitation. During the reporting
period, the police conducted a number of investigations of night
clubs believed to be offering illicit sexual services. During
2007, the police filed charges of facilitation in prostitution
in three cases against six persons, all Montenegrin nationals,
under article 210 of the Criminal Code.
NOMINATION OF HEROES AND BEST PRACTICES
Post has no submissions for Heroes and for Best Practices at
PODGORICA 00000075 015.2 OF 015
this time.
MOORE
SIPDIS
SENSITIVE
SIPDIS
DEPT FOR G/TIP, G, INL, DRL, PRM, EUR/PGI, EUR/SCE
DEPT PLEASE PASS USAID
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB MW
SUBJECT: MONTENEGRO-EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT
REF: STATE 2731
PODGORICA 00000075 001.2 OF 015
SENSITIVE BUT UNCLASSIFIED HANDLE ACCORDINGLY
1. Post's submission of the draft Anti-trafficking in
Persons (TIP) report for Montenegro follows. Beginning with
Section I - Overview of Country Activities, responses are keyed
to reftel.
EMBASSY PODGORICA CONTACT INFORMATION
Embassy Podgorica POC for anti-trafficking is Human Rights
Officer Gina M. Werth, tel: (+382)81-225-417; fax:
(+382)81-241-358; e-mail: WerthGM@state.gov.
Ms. Werth, FS-04, spent approximately 40 hours
preparing the eighth annual TIP report. LES Political
Specialist, FSN-9, Zlatko Ivanovic, spent approximately 80 hours
preparing the TIP report.
2. Begin text of TIP Report.
I. OVERVIEW OF COUNTRY ACTIVITIES
II. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
III. PROTECTION AND ASSISTANCE TO VICTIMS
IV. PREVENTION
I. OVERVIEW OF COUNTRY ACTIVITIES
A. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Provide, where possible, numbers or estimates for
each group; how they were trafficked, to where, and for what
purpose. Does the trafficking occur within the country's
borders? Does it occur in territory outside of the government's
control (e.g. in a civil war situation)? Are any estimates or
reliable numbers available as to the extent or magnitude of the
problem? What is (are) the source(s) of available information
on trafficking in persons or what plans are in place (if any) to
undertake documentation of trafficking? How reliable are the
numbers and these sources? Are certain groups of persons more
at risk of being trafficked (e.g. women and children, boys
versus girls, certain ethnic groups, refugees, etc.)?
Montenegro is primarily a transit country for internationally
trafficked persons. The Office of the National Coordinator for
the Fight Against Human Trafficking in Montenegro claimed that
there were no cases in 2007 of Montenegrin citizens who were
trafficked and that Montenegro is not a country of origin.
However, according to the National Coordinator, women and girls
from Serbia, Bosnia and Herzegovina, Moldova, Romania, Ukraine
and Russia were trafficked across the territory of Montenegro
towards Western European countries, especially Italy, for sexual
and labor exploitation. In addition, the common practice in the
Roma community of sending their children to beg for money rather
than going to school could be considered a form of trafficking
under Montenegro's anti-trafficking legislation, embodied in
article 444 of the Criminal Code. However, it is not recognized
as such in practice by the Montenegrin authorities.
The National Coordinator, pursuant to his duties under the
National Anti-Trafficking Strategy adopted in November 2003, has
the primary responsibility to collect, monitor and create a
database of the trafficking situation in Montenegro. The
National Coordinator acquires data on criminal charges,
suits/complaints, criminal proceedings, and verdicts related to
trafficking as well as on the number of victims of human
trafficking in Montenegro. Post received this and other
information below from the National Coordinator's office, the
office of the Chief State Prosecutor, the Montenegrin Ministry
of Interior and prominent NGOs. Post considers the information
from the National Coordinator may under-report the seriousness
of the issue.
In 2007, there were a total of 13 protectees residing in the
shelter for victims of human trafficking that recieves direct
budget support from the Government of Montenegro through a
PODGORICA 00000075 002.2 OF 015
specific line item in the national budget. Only one of the
protectees was confirmed to be a victim of human trafficking.
Other protectees resided in the shelter for different reasons.
For example, victims of human smuggling were placed in the
shelter because it was not possible to accommodate them
elsewhere in Montenegro.
B. Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report (e.g. changes in direction). (Other items to
address may include: What kind of conditions are the
victims trafficked into? Which populations are targeted by the
traffickers? Who are the traffickers/exploiters? Are they
independent business people? Small or family-based crime
groups? Large international organized crime
syndicates? What methods are used to approach victims?
(Are they offered lucrative jobs, sold by their families,
approached by friends of friends, etc.?) What methods are used
to move the victims (e.g., are false documents being used?).
Are employment, travel, and tourism agencies or marriage brokers
involved with or fronting for traffickers or crime groups to
traffic individuals?
Montenegro signed the UN Convention of Palermo on Transnational
Organized Crime, including the Protocol for Prevention,
Suppression and Punishment of Human Trafficking in 2001. The
government adopted the National Strategy for the "Fight Against
Human Trafficking" in November 2003. The strategy was adopted
in cooperation with the then-U.S. Consulate in Podgorica and
Embassy Belgrade, OSCE, the International Organization for
Migration (IOM) and relevant ministries. The strategy includes
three parts: prevention, prosecution and protection. It was
drafted in accordance with the standards contained in the UN
Convention and Protocol on Human Trafficking.
Montenegro's anti-trafficking legislation was adopted in April
2004, as article 444 of the Criminal Code. In 2005, Montenegro
established the Office of the National Coordinator for the Fight
Against Human Trafficking, who is responsible for implementation
of the national strategy and for coordination of activities of
the government ministries, international organizations and NGOs
through two bodies: the Working Group and the Project Board, in
which the relevant ministries and organizations are represented.
The Project Board, chaired by the National Coordinator, includes
representatives of the police, the Government Office for Gender
Equality, OSCE, Council of Europe, IOM, UNICEF, USAID, Save the
Children, and two local NGOs, "Safe Women's House" and
"Montenegrin Women's Lobby". The Project Board evaluates the
current situation of human trafficking in Montenegro,
disseminates information and establishes the guidelines for
future activities. The Working Group, also chaired by the
National Coordinator, was formed to monitor and implement the
national strategy. The Working Group includes representatives,
at the level of assistant ministers, of the Ministry of Health,
Labor and Social Welfare, the Ministry of Justice, the Ministry
of Education and Science, the Chief State Prosecutor's office,
and police with the international organizations of the OSCE,
Council of Europe, IOM; the U.S. Embassy Podgorica has observer
status. The Working Group previously met monthly to monitor
progress in the implementation of the national strategy.
However, post notes that there has not been a single meeting
during the reporting period. A Special Anti-Trafficking Team
was established by the Montenegrin Ministry of Interior in April
2005. In December 2005, the Ministry of Interior adopted the
Regulations on Conditions and Temporary Stay of Foreign
Nationals - Victims of Human Trafficking, according to which a
victim can stay in Montenegro for as long as the need for
protection of a victim may require, or during a trial. Some
pending issues contained in the regulations will be fully
resolved by the New Law on Foreign Nationals.
In early 2007, the new Regulations on the Organization of
Working Places in Police Directorate were adopted. Under those
regulations, the duties and responsibilities of the Police
Special Anti-Trafficking Team were transferred to the Criminal
PODGORICA 00000075 003.2 OF 015
Police's Department for Fighting Organized Crime and Corruption
Within this group, there is a separate line of responsibility
for fighting human trafficking and illegal migration - human
smuggling. Police responsibilities for fighting human
trafficking and other elements of organized crime are regulated
by several laws: Chapter XXX on Organized Crime of the Law on
Criminal Proceedings, Criminal Code, Law on Police, Law on
Witness Protection, Law on Foreign Nationals, Law on State
Border, Law on Asylum, etc.
On October 10, 2007, the government signed a new Memorandum of
Understanding for Mutual Cooperation with NGOs. On the
government side, signatory parties included the Ministry of
Health, Labor and Social Welfare; Ministry of Education; Chief
State Prosecutor; and the police. NGOs included the Montenegrin
Women's Lobby, Montenegrin Safe House, and the Center Plus.
The purpose of the new MoU is to improve state/NGO cooperation
in fighting human trafficking through prevention, education,
prosecution, and protection of possible victims of human
trafficking, in particular women and children.
There was only one reported trafficking victim in Montenegro in
2007. The National Coordinator reported that human trafficking
in Montenegro occurs on an exceptional basis and that most
criminal organizations are not involved.
NGOs involved in combatting human trafficking believe Montenegro
has an adequate legal framework to fight against trafficking.
However, they generally believe that official statistics
underreport the problem, and that the authorities need to focus
more attention on the issue. In addition, NGOs have mentioned
that retention of trained anti-trafficking police officers is a
problem.
Post notes that the issue of retention is not unique to officers
trained to combat trafficking, but is a systemic problem for the
entire police department (as reported by U.S. funded experts as
well as other donors working on law enforcement reforms in
Montenegro.)
C. Which government agencies are involved in anti-
trafficking efforts and which agency, if any, has the lead?
The following GOM entities are involved in
anti-trafficking efforts in Montenegro:
-Office of the National Coordinator for the Fight against Human
Trafficking
-Chief State Prosecutor
-Ministry of Interior/Police Directorate
-Ministry of Health, Labor and Social Welfare
-Ministry of Education
The National Coordinator has the overall lead in coordinating
anti-trafficking efforts in Montenegro. The National
Coordinator is supposed to: 1) coordinate the activities of the
relevant government institutions, international and
non-governmental organizations as they seek to implement the
National Anti-trafficking Strategy, aiming to protect victims,
prevent human trafficking and prosecute the perpetrators; 2)
participate at international
conferences/seminars/roundtables/forums; and 3) monitor the
implementation of the action plan and report to the Government
of Montenegro.
D. What are the limitations on the government's ability to
address this problem in practice? For example, is
PODGORICA 00000075 004.2 OF 015
funding for police or other institutions inadequate? Is
overall corruption a problem? Does the government lack the
resources to aid victims?
The government's ability to address human trafficking is limited
by funding and by a backlogged and ineffective judicial process
that impact both criminal and civil courts. As mentioned above,
some NGOs also believe that official statistics underreport the
problem of trafficking, and that the authorities need to focus
more attention on the problem.
Also, the National Coordinator failed to hold a single meeting
of the Working Group during the reporting period.
The Government's National Coordinator also reported that many of
the government actors involved in anti-trafficking were only
paid for their primary job within the government, and not for
their efforts in the anti-trafficking field. Further, the
National Coordinator said the judiciary failed to act promptly
when human trafficking cases were brought to court (however, the
National Coordinator also reported that through workshops,
judicial processing of these cases has improved).
E. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations,
its assessments of these anti-trafficking efforts?
The National Coordinator reported that his office is in charge
of collecting all data related to prosecution, protection and
prevention and periodically submits reports to the Prime
Minister and international partners.
II. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
A. Does the country have a law specifically prohibiting
trafficking in persons--both for sexual and non-sexual
purposes (e.g. forced labor)? If so, please specifically
cite the name of the law and its date of enactment and
provide the exact language of the law prohibiting TIP and
all other law(s) used to prosecute TIP cases. Does the
law(s) cover both internal and external (transnational)
forms of trafficking? If not, under what other laws can
traffickers be prosecuted? For example, are there laws
against slavery or the exploitation of prostitution by
means of force, fraud or coercion? Are these other laws
being used in trafficking cases? Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes, (e.g., civil forfeiture laws and laws
against illegal debt).
Post notes that due to the successful signing of the SAA with
the EU, Montenegro will begin a process of harmonizing its
legislation to meet EU legal standards. As such the criminal
code will over the next 18 to 24 months undergo a process of
review and revision by EU legal experts. As such many of the
following codes will be amended to comply with EU directives on
human trafficking.
Montenegro's anti-trafficking law specifically prohibits
trafficking in persons for the purposes of exploitation, sexual
or non-sexual. This law came into effect in April 2004, under
article 444 of the Criminal Code.
PODGORICA 00000075 005.2 OF 015
Article 444, Paragraph 1 of the Criminal Code:
Anyone who by force or threat, deceit or delusion, by abuse of
authority, trust, relationship of dependency, difficulty of
position of another person or by keeping identification papers
or by giving or receiving money or other benefit for the purpose
of obtaining consent of a person having control over another:
recruits, transports, transfers, hands over, sells, buys,
mediates the sale, hides or keeps another person for
exploitation of work, submission to servitude, commission of
crimes, prostitution or begging, pornographic use, taking away a
body part for transplantation or for use in armed conflicts,
shall be punished by imprisonment for a term of one to ten
years.
According to the National Coordinator, this provision covers
both internal and transnational trafficking in persons.
Statistics show that there is little internal trafficking in
Montenegro; it tends to have an international character.
Nevertheless, trafficking is punishable in Montenegro, even if
only one of its phases occurred in Montenegro.
The Montenegrin Criminal Code also prescribes penalties for
trafficking in children for adoption (Article 445) and
submission to slavery and transportation of enslaved persons
(Article 446). Facilitation of prostitution by use of force,
fraud or coercion is addressed in Article 444 of the Criminal
Code. If there is the use of force, fraud, or coercion, a
person whose body is exploited for sexual purposes does not have
any freedom to decide, so it is not a case of prostitution but
human trafficking. Article 112, Paragraph 1 of the Criminal
Code provides that no one shall be allowed to retain any
material gain obtained by a criminal offense. The procedure for
confiscating property acquired via illegal means is regulated by
Montenegrin Criminal Procedure Law, articles 538 to 545.
B. What are the prescribed penalties for trafficking
people for sexual exploitation? What penalties were
imposed for persons convicted of sexual exploitation over
the reporting period? Please note the number of convicted sex
traffickers who received suspended sentences and the number who
received only a fine as punishment.
Montenegro's trafficking legislation stipulates that those found
guilty shall be punished by imprisonment for a term of one to
ten years.
A perpetrator of human trafficking, pursuant to Article 444 of
the Criminal Code, cannot be punished via suspended sentence or
a fine.
C. Punishment of Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor and
involuntary servitude? Do the government's laws provide
for criminal punishment -- i.e. jail time -- for labor
recruiters in labor source countries who engage in
recruitment of laborers using knowingly fraudulent or
deceptive offers that result in workers being trafficked in the
destination country? Are there laws in destination countries
punishing employers or labor agents in labor destination
countries who confiscate workers' passports or travel documents,
switch contracts without the worker's consent as a means to keep
the worker in a state of service, or withhold payment of
salaries as means of keeping the worker in a state of service?
If law(s) prescribe criminal punishments for these offenses,
what are the actual punishments imposed on persons convicted of
these offenses? Please note the number of convicted labor
PODGORICA 00000075 006.2 OF 015
traffickers who received suspended sentences and the number who
received only a fine as punishment.
The Criminal Code makes no distinction between the criminal
penalties for human trafficking for sexual exploitation and
human trafficking for labor exploitation.
D. What are the prescribed penalties for rape or
forcible sexual assault? How do they compare to the
prescribed penalties for crimes of trafficking for
commercial sexual exploitation?
Under Article 204, paragraph 1 of the Criminal Code, rape
carries a penalty of two to ten years imprisonment. Aggravated
rape carries a sentence of one to eight years.
A prison term of three to fifteen years may apply in the
following circumstances:
a) if the criminal act is committed by several persons;
b) if the criminal act is committed in an especially cruel
manner;
c) if the consequence of the act is pregnancy;
d) if a victim is a minor;
e) if severe bodily injury is inflicted on a victim.
A perpetrator faces a sentence of five to eighteen years
imprisonment if the victim is a child below 14 years of age or
if the victim died.
E. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized? Are
these laws enforced? If prostitution is legal and regulated,
what is the legal minimum age for this activity? Note that in
many countries with federalist systems, prostitution laws may be
under state or local jurisdiction and may differ among
jurisdictions.
Under Article 210, paragraph 1 of the Criminal Code,
facilitation of prostitution is criminalized and is punishable
by a fine or imprisonment not to exceed one year. If the
prostitution involves a minor, the perpetrator faces
imprisonment for a term of one to ten years. A person who
prostitutes him/herself faces civil penalties in accordance with
article 24, paragraph 1 of the Law on Public Peace and Order.
F. Has the government prosecuted any cases against human
trafficking offenders? If so, provide numbers of
investigations, prosecutions, convictions, and sentences
served, including details on plea bargains and fines, if
relevant and available. Please indicate which laws were
used to investigate, prosecute, convict, and sentence
traffickers. Also, if possible, please disaggregate by
type of TIP (labor vs. commercial sexual exploitation) and
victims (children, as defined by U.S. and international law as
under 18 years of age, vs. adults). Does the government in a
labor source country criminally prosecute labor recruiters who
recruit laborers using knowingly fraudulent or deceptive offers
or impose on recruited laborers inappropriately high or illegal
fees or commissions that create a debt bondage condition for the
laborer? Does the government in a labor destination country
criminally prosecute employers or labor agents who confiscate
workers' passports/travel documents, switch contracts or terms
of employment without the worker's consent, use physical or
sexual abuse or the threat of such abuse to keep workers in a
state of service, or withhold payment of salaries as a means to
keep workers in a state of service? Are the traffickers serving
PODGORICA 00000075 007.2 OF 015
the time sentenced? If not, why not? Please indicate whether
the government can provide this information, and if not, why not?
The Ministry of Interior reported that in 2007, the Police
Directorate filed two criminal charges for trafficking in human
beings (Article 444 of the Criminal Code),against three
perpetrators, for the trafficking of four persons.
According to the Chief State Prosecutor's office, in 2007, two
perpetrators committed the criminal act of trafficking in human
beings and were convicted. In media reports, three perpetrators
were convicted for human trafficking under Article 444 of the
Criminal Code and were sentenced to five years imprisonment,
respectively. The Chief State Prosecutor's office stated that
there are an additional seven indictments that have been filed
and are still pending.
The National Coordinator and the Chief State Prosecutor's office
informed post that final data are not yet available and will be
published in the government's annual report for 2007.
G. Does the government provide any specialized training for
government officials in how to recognize, investigate, and
prosecute instances of trafficking? Specify whether NGOs,
international organizations, and/or the USG provide specialized
training for host government officials.
International organizations, normally through the National
Coordinator's office and relevant ministries, have organized
training workshops for judges, police officers, and others
involved in anti-trafficking efforts, to discuss methods used to
supress trafficking in human beings, prosecute perpetrators and
protect the rights of the victims, including, also, protecting
victims from the perpetrators. These training workshops enhanced
cooperation with NGOs, relevant institutions and other elements
of civil society.
As part of the project "Capacity Building of Judges and
Prosecutors in Montenegro in the Area of Fighting Trafficking in
Human Beings", financed by the Italian Government, the Ministry
of Justice and the International Organization for Migration, a
manual was drafted to train judges and prosecutors, printed both
in English and Montenegrin. The manual was intended to help
judges and prosecutors in processing trafficking cases,
including with the pretrial process, bringing indictments, and
finally with trial and verdict.
H. Does the government cooperate with other governments
in the investigation and prosecution of trafficking cases? If
possible, can post provide the number of cooperative
international investigations on trafficking during the reporting
period?
Montenegro is developing its bilateral, regional and
multilateral cooperation with other states in the
anti-trafficking field. Cooperation occurs between Montenegrin
police and prosecutors and their counterparts from other
countries.
During training at the Police Academy, the police train and
educate new police officers about the problem of human
trafficking. The topic of human trafficking has been included in
the regular curriculum of the Academy for all police officers
through a number of subjects.
Specialized workshops for the members of the criminal and border
police have been organized in cooperation with the OSCE, ICITAP,
PODGORICA 00000075 008.2 OF 015
IOM, and UNDP.
I. Does the government extradite persons who are charged
with trafficking in other countries? If so, can post
provide the number of traffickers extradited during the
reporting period? Does the government extradite its own
nationals charged with such offenses? If not, is the
government prohibited by law form extraditing its own
nationals? If so, what is the government doing to modify
its laws to permit the extradition of its own nationals?
The Montenegrin Constitution forbids the extradition of its
citizens. However, under the Extradition Law, Montenegro will
extradite foreign nationals provided that the legal conditions
are met.
J. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.
Currently, there is no evidence of official involvement in human
trafficking.
K. If government officials are involved in trafficking,
what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What
sentence(s) was imposed? Please specify if officials
received suspended sentences, were given a fine, fired, or
reassigned to another position within the government as
punishment. Please provide specific numbers, if available.
Please indicate the number of convicted officials that received
suspended sentences or received only a fine as punishment.
There have been no cases of high ranking officials
investigated for involvement in human trafficking since 2004.
L. As part of the new requirements of the 2005 TVPRA,
for countries that contribute troops to international
peacekeeping efforts, please indicate whether the
government vigorously investigated, prosecuted, convicted
and sentenced nationals of the country deployed abroad as
part of a peacekeeping or other similar mission who engage in or
facilitate severe forms of trafficking or who exploit victims of
such trafficking.
This question is not applicable to Montenegro.
M. If the country has an identified child sex tourism
problem (as source or destination),how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin? What are
the countries of origin for sex tourists? Do the country's
child sexual abuse laws have extraterritorial coverage (similar
to the U.S. PROTECT Act)? If so, how many of the country's
nationals have been prosecuted and/or convicted under the
extraterritorial provision(s) for traveling to other countries
to engage in child sex tourism?
In September 2006, the OSCE Mission in Montenegro, the Ministry
of Tourism and the National Coordinator's office launched a
joint project entitled the "Public-Private Cooperation in the
Prevention of Trafficking and Sexual Exploitation of Minors in
the Travel and Tourism Industry." According to the National
Coordinator and NGOs, child sex tourism has not been reported as
a problem in Montenegro.
III. PROTECTION AND ASSISTANCE TO VICTIMS:
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A. Does the government assist foreign trafficking
victims, for example, by providing temporary to permanent
residency status, or other relief from deportation? If so,
please explain.
Since 2005, Montenegro has granted temporary residence status to
trafficking victims for an interval of three months, six months,
or one year, depending on the circumstances of the case.
Montenegro will soon adopt a new Law on Foreigners, according to
which victims of human trafficking will be given a privileged
status that will enable them to get a temporary residence permit
or permanent resident status in Montenegro. Pursuant to the
provisions of this law, the state institutions will provide
victims with residence in a shelter, or other appropriate place
to stay, for not more than three months. During their stay,
foreigners will be provided with necessary medical,
psychological and social assistance, as well as legal advice on
their status.
B. Does the country have victim care facilities which
are accessible to trafficking victims? Do foreign victims have
the same access to care as domestic trafficking victims? Does
the country have specialized facilities dedicated to helping
victims of trafficking? If so, can post provide the number of
victims placed in these care facilities during the reporting
period? What is the funding source of these facilities? Please
estimate the amount the government spent (in U.S. dollar
equivalent) on these specialized facilities dedicated to helping
trafficking victims during the reporting period. Does the
government provide trafficking victims with access to legal,
medical and psychological services? If so, please specify the
kind of assistance provided, and the number of victims assisted,
if available.
Montenegro has three shelters for victims of human trafficking.
Two of the shelters -- run by "Montenegrin Women's Lobby" and
"Safe Women's House" -- are "closed" shelters, meaning that the
victims are under supervision 24 hours a day. The third
shelter, run by "Center Plus," is a transition home for victims
of human trafficking.
All expenses for the shelter run by the Montenegrin Women's
Lobby are paid for out of the National Coordinator's budget,
while other shelters are funded mostly by foreign donors.
Trafficking victims are provided with medical, psychological and
social assistance, as well as legal advice regarding their
status. As stated above, only one trafficking victim was
sheltered during 2007.
C. Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided is in-kind, please specify
exact assistance. Please explain if funding for assistance
comes from a federal budget or from regional or local
governments.
As stated above, the national government provides all funding
for Montenegrin Women's Lobby, its designated shelter for
trafficking victims, through the National Coordinator's budget.
D. Do the government's law enforcement, immigration, and
social services personnel have a formal system of
proactively identifying victims of trafficking among high-risk
persons with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration
violations)? What is the number of victims identified
during the reporting period? Has the government developed and
implemented a referral process to transfer victims detained,
arrested or placed in protective custody by law enforcement
authorities to institutions that provide short-or long-term
care? How many victims were referred for assistance by law
enforcement authorities during the reporting period?
PODGORICA 00000075 010.2 OF 015
Early in 2007, as part of an overall plan to reorganize the
police force, the separate anti-trafficking police team and
powers were transferred to the organized crime department of the
criminal police. Law enforcement personnel, including those at
the borders, often lacked training in how to recognize
trafficking operations. During the year, international
organizations, with the cooperation of Montenegrin authorities,
sponsored training on trafficking problems for police (including
border police),prosecutors, and judges.
The government has developed a referral process for transfer
victims detained by law enforcement authorities. Police contact
the government sponsored shelter when a victim has been
identified. However, only one trafficking victim was identified
during the reporting period.
During 2007, three people, all Montenegrin citizens, were
charged with human trafficking and facilitation in prostitution
in two cases involving five victims. One victim was a female
national of Montenegro and others were female nationals of
Serbia. One victim was accommodated in the shelter run by
Montenegrin Women's Lobby in Podgorica while the other victims
were sent back, at their request, to Serbia.
The table below contains official police statistics on the
number of criminal charges for period 2004 - 2007:
Human Trafficking and Smuggling, 2004 - 2007:
Criminal Cases 2004 2005 2006 2007
Human trafficking 6 5 1 2
Facilitation in prostitution 3 2 3
Trafficking in children 1
for adoption
Employment on slavery grounds
Illegal border crossings 10 5 7 10
and human smuggling
TOTAL 19 12 9 15
E. For countries with legalized prostitution: does the
government have a mechanism for screening for trafficking
victims among persons involved in the legal/regulated
commercial sex trade?
Montenegro does not permit legalized prostitution, therefore,
this question does not apply.
F. Are the rights of victims respected? Are trafficking
victims detained or jailed? If detained or jailed, for
how long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing
immigration or prostitution?
According to the Chief State Prosecutor's office, victims of
trafficking enjoy the maximum level of protection in Montenegro.
They are neither prosecuted nor detained. Montenegro, through
its designated trafficking shelter and government agencies,
provides physical, psychological and social rehabilitation to
human trafficking victims. However, NGOs have reported that
there is still a lack of sensitivity toward human trafficking
victims, particularly within the judiciary, while the
relationship with police has been successful. Officials claim
that there are no recorded cases of victims of human trafficking
being prosecuted for minor offenses or criminal acts related to
illegal migration or prostitution.
G. Does the government encourage victims to assist in
PODGORICA 00000075 011.2 OF 015
the investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file civil
suits or seek legal action against traffickers? Does anyone
impede victim access to such legal redress? If a victim is a
material witness in a court case against a former employer, is
the victim permitted to obtain other employment or to leave the
country pending trial proceedings? Are there means by which a
victim may obtain restitution?
According to the National Coordinator, the Law on Witness
Protection provides for the protection of witnesses, including
victims of human trafficking, by first, ensuring their physical
protection, then, if necessary, relocating the witness, and
finally, if all other measures prove inefficient, concealing the
witness' identity, using altered personal documents.
Specifically, Montenegro allows for the possibility of having a
protected witness testify in court using a pseudonym or
testifying with the assistance of technical equipment to
disguise the witness' identity. According to NGOs, the
government should do more to encourage victims to assist in the
investigation and prosecution of trafficking. NGOs did praise
the response of the police in human trafficking cases, however.
All victims, to date, have given their statements to police.
However, trafficking victims are not forced to participate in
the investigation and/or prosecution of trafficking. Trafficking
victims may file civil suits against traffickers or seek legal
action against traffickers. The access of victims to legal
redress is not impeded. A victim is permitted to obtain other
employment or to leave the country pending trial proceedings.
There were no cases in which a victim obtained restitution.
H. What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in
practice? What type of shelter or services does the government
provide? Are these services provided directly by the government
or are they provided by NGOs or IOs funded by host government
grants? Does the government provide shelter or housing benefits
to victims or other resources to aid the victims in rebuilding
their lives? Where are child victims placed (e.g., in shelters,
foster care, or juvenile justice detention centers)? What is
the number of victims assisted by government-funded assistance
programs during the reporting period? What is the number of
victims assisted by non government-funded assistance programs?
What is the number of victims that received shelter services
during the reporting period?
The government provides to potential victims of human
trafficking adequate support and protection. In practice, this
means that the potential victims of human trafficking,
protectees residing in the government-funded shelter, are
provided with medical, legal, psychological and other forms of
support, including monitoring the victims throughout the
criminal proceedings as well as through the process of
reintegration. The government allocates the necessary financial
resources to the shelter.
I. Does the government provide any specialized training
for government officials in identifying trafficking victims and
in the provision of assistance to trafficked victims, including
the special needs of trafficked children? Does the government
provide training on protections and assistance to its embassies
and consulates in foreign countries that are destination or
transit countries? Does it urge those embassies and consulates
to develop ongoing relationships with NGOs and IOs that serve
trafficked victims? What is the number of trafficking victims
assisted by the host country's embassies or consulates abroad
during the reporting period? Please explain the level of
assistance. For example, did the host government provide travel
documents for the victim to repatriate, did the host government
contact NGOs in either the source or destination countries to
ensure the victim received adequate assistance, did the host
government pay for the transportation home for a victim's
repatriation, etc.
Training workshops have been organized for judges, police
officers, and others involved in anti-trafficking efforts, to
discuss methods used to supress trafficking in human beings,
prosecute perpetrators and protect the rights of the victims,
PODGORICA 00000075 012.2 OF 015
including, also, protecting victims from the perpetrators. These
training workshops enhanced cooperation with NGOs, relevant
institutions and other elements of civil society.
In 2005, as part of the project entitled "Capacity Building of
Judges and Prosecutors in Montenegro in the Area of Fighting
Trafficking in Human Beings", financed by the Italian
Government, the Ministry of Justice and IOM, a manual was
drafted to train judges and prosecutors, printed both in English
and Montenegrin. The manual was intended to help judges and
prosecutors in processing trafficking cases, including with the
pretrial process, bringing indictments, and finally with trial
and verdict.
During training at the Police Academy, the police train and
educate new police officers about the problem of human
trafficking. The topic of human trafficking has been included in
the regular curriculum of the Academy for all police officers
through a number of subjects.
Specialized workshops for the members of the criminal and border
police have been organized in cooperation with the OSCE, ICITAP,
IOM, and UNDP.
J. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its nationals
who are repatriated as victims of trafficking?
There are no cases of repatriation.
K. Which international organizations or NGOs, if any,
work with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive
from local authorities? How much funding (in U.S. Dollar
Equivalent) did NGOs and international organizations
receive from the host government for victim assistance
during the reporting period? Please disaggregate funding
for prevention and public awareness efforts from victim
assistance funding. NOTE: If post reports that a
government is incapable of providing direct assistance to
TIP victims, please assess whether the government ensures
that TIP victims receive access to adequate care from other
entities. Funding, personnel, and training constraints should
be noted, if applicable. Conversely, the lack of political will
in a situation where a country has adequate financial and other
resources to address the problem should be noted as well.
International Organizations:
-OSCE
-IOM
NGOs:
-Montenegrin Women's Lobby
-Safe Woman's House
-Center Plus
IV. PREVENTION:
-- A. Does the government acknowledge that trafficking is a
problem in the country? If not, why not?
PODGORICA 00000075 013.2 OF 015
According to the National Coordinator, trafficking in human
beings in Montenegro occurs on an exceptional basis and is most
often associated with the facilitation of prostitution. There is
one recorded case of trafficking in males for labor
exploitation.
B. Are there, or have there been, government-run anti-
trafficking information or education campaigns conducted
during the reporting period? If so, briefly describe the
campaign(s),including their objectives and effectiveness.
Please provide the number of people reached by such awareness
efforts if available. Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor)?
During 2005, Save the Children, through its UK office, organized
workshops for one third of all high schools and one quarter of
all elementary schools. The workshops were aimed at introducing
young people, ages 12 to 18, to the phenomenon of trafficking in
children, and sought to educate them on how to recognize
potential risks. The workshop results were gathered and a
brochure was published.
The government also sponsored a Directory of Institutions and
Organizations involved in the Fight against Trafficking in Human
Beings. This document was published in early 2004 and revised
in 2007. The new, updated version of Directory contains contact
information for 24 institutions and organizations (governmental,
non-governmental and international),and a brief description of
their roles in the fight against trafficking. The Directory has
been disseminated to all relevant parties involved in
anti-trafficking activities, as well as to Montenegro's
diplomatic and consular missions abroad.
C. What is the relationship between government
officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue?
The National Coordinator has the overall lead in coordinating
anti-trafficking efforts in Montenegro. The National
Coordinator is supposed to: 1) coordinate the activities of the
relevant government institutions, international and
non-governmental organizations as they seek to implement the
National Anti-trafficking Strategy, aiming to protect victims,
prevent human trafficking and prosecute the perpetrators; 2)
participate at international
conferences/seminars/roundtables/forums; and 3) monitor the
implementation of the action plan and report to the Government
of Montenegro.
NGOs involved in combatting trafficking generally believe that
the government underestimates the extent to which trafficking
remains a problem in Montenegro.
D. Does the government monitor immigration and
emigration patterns for evidence of trafficking? Do law
enforcement agencies screen for potential trafficking
victims along borders?
In cooperation with border police, the Organized Crime unit of
the police (which is responsible for investigating trafficking
cases) monitors all immigration and emigration patterns,
exchanges intelligence with other countries and conducts joint
international investigations.
E. Is there a mechanism for coordination and
communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task
PODGORICA 00000075 014.2 OF 015
force? Does the government have a trafficking in persons
working group or single point of contact? Does the
government have a public corruption task force?
As stated above, the National Coordinator has the overall lead
in coordinating anti-trafficking efforts in Montenegro. The
National Coordinator is supposed to: 1) coordinate the
activities of the relevant government institutions,
international and non-governmental organizations as they seek to
implement the National Anti-trafficking Strategy, aiming to
protect victims, prevent human trafficking and prosecute the
perpetrators; 2) participate at international
conferences/seminars/roundtables/forums; and 3) monitor the
implementation of the action plan and report to the Government
of Montenegro.
There is a Project Board and an anti-trafficking Working Group.
The Project Board, chaired by the National Coordinator, includes
representatives of the police, the Government Office for Gender
Equality, OSCE, Council of Europe, IOM, UNICEF, USAID, Save the
Children, and two local NGOs, "Safe Women's House" and
"Montenegrin Women's Lobby". The Project Board considers the
current situation of human trafficking in Montenegro, exchanges
information and establishes the guidelines for future
activities. The Working Group, also chaired by the National
Coordinator, was formed to monitor and implement the national
strategy. The Working Group includes representatives, at the
level of assistant ministers, of the Ministry of Health, Labor
and Social Welfare, the Ministry of Justice, the Ministry of
Education and Science, the Chief State Prosecutor's office, the
police, OSCE, Council of Europe, IOM, and U.S. Embassy
Podgorica, as an observer. The Working Group previously met
monthly to monitor progress in the implementation of the
national strategy. However, post noted that there has not been
a single meeting during the reporting period.
The Agency for the Anti-Corruption Initiative was formed to
address corruption.
F. Does the government have a national plan of action to
address trafficking in persons? If so, which agencies were
involved in developing it? Were NGOs consulted in the process?
What steps has the government taken to
disseminate the action plan?
Montenegro adopted an Action Plan for the Fight against
Trafficking in Human Beings, which defined obligations and
goals, including precise timelines and the delegation of
responsibility to specific organizations. NGOs were consulted in
the process of forming the Action Plan. However, implementation
has not kept pace with NGO expectations.
G: For all posts: As part of the new criteria added to
the TVPA's minimum standards by the 2005 TVPRA, what
measures has the government taken during the reporting
period to reduce the demand for commercial sex acts? (see ref
B, para. 9(3) for examples)
There is a close connection between prostitution and trafficking
in human beings for sexual exploitation. During the reporting
period, the police conducted a number of investigations of night
clubs believed to be offering illicit sexual services. During
2007, the police filed charges of facilitation in prostitution
in three cases against six persons, all Montenegrin nationals,
under article 210 of the Criminal Code.
NOMINATION OF HEROES AND BEST PRACTICES
Post has no submissions for Heroes and for Best Practices at
PODGORICA 00000075 015.2 OF 015
this time.
MOORE