38/13 Report of the Working Group on the Universal Periodic Review - Montenegro

GE.18-06166(E)



Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Montenegro

* The annex is being circulated without formal editing, in the language of submission only.

United Nations A/HRC/38/13

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-ninth session from 15 to 26

January 2018. The review of Montenegro was held at the 11th meeting, on 22 January

2018. The delegation of Montenegro was headed by the Deputy Prime Minister for the

Political System, the Interior and Foreign Policy and Minister of Justice, Zoran Pažin. At its 17th meeting, held on 25 January 2018, the Working Group adopted the report on

Montenegro.

2. On 10 January 2018, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Montenegro: Hungary, Nepal and Panama.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Montenegro:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/29/MNE/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/29/MNE/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/29/MNE/3).

4. A list of questions prepared in advance by Brazil, Czechia, Germany,

Liechtenstein, Portugal, Slovenia, Spain, Sweden, the United Kingdom of Great Britain and

Northern Ireland and the United States of America was transmitted to Montenegro through

the troika. These questions are available on the website of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation of Montenegro stated that its national report provided an overview of

the progress made and the remaining challenges for strengthening the national human rights

protection system, and that it clearly reflected the commitment of Montenegro to human

rights.

6. Since the previous review, Montenegro had achieved satisfactory results in the fields

of judicial reform and the fight against corruption, and had taken significant steps towards

the establishment of a comprehensive anti-discrimination framework. In that regard, several

bodies had been set up, such as the Social Council, the Council for the Rule of Law, the

Gender Equality Council, the Anti-Discrimination Council, the Council for the Care of

Persons with Disabilities, and the Child Rights Council. Montenegro had also reinforced

the capacity of the Protector of Human Rights and Freedoms and strengthened the powers

of the national preventive mechanism against torture.

7. Montenegro was aware of the importance of an independent and efficient judiciary

to ensure legal security and the democratic functioning of institutions. Accordingly, during

the reporting period, Montenegro had undertaken reforms to strengthen the independence of

the judiciary. In addition to the adoption of the Strategy for Judicial Reform 2014–2018, several new laws had been enacted to develop integrated, transparent and merit-based

selection of judges and prosecutors. Access to justice had also been enhanced through the

adoption of amendments to the Law on Free Legal Aid in 2015. Moreover, a centralized

anti-corruption institutional framework had been built with the establishment of the Anti-

Corruption Agency as an autonomous, independent State institution.

8. Montenegro had made significant progress in combating discrimination through the

adoption of amendments to the laws on the prohibition of discrimination, of a new Law on

the Prohibition of Discrimination against Persons with Disabilities, and of amendments

further expanding the jurisdiction of the Protector of Human Rights and Freedoms. Media

campaigns to raise awareness of discriminatory behaviours were also being implemented.

9. Violence against women and children remained a serious challenge. The main task

in that area was to ensure a timely and appropriate multidisciplinary response to victims

and to address existing shortcomings in the application of the relevant national legislation.

10. In the area of children’s rights, Montenegro had amended the Criminal Code to

ensure closer compliance with the Council of Europe Convention on the Protection of

Children against Sexual Exploitation and Sexual Abuse, and with the Optional Protocols to

the Convention on the Rights of the Child. Montenegro had also adopted its first Strategy

for the Prevention and Protection of Children against Violence, and was in the process of

drafting the new National Action Plan for Children for the period 2018–2022.

11. Montenegro was working to establish a mechanism for determining statelessness,

pass a new Law on Foreigners, and recognize the status of stateless persons, who would be

given the possibility to exercise their rights in line with the conventions ratified by the

country.

12. Despite the initiatives taken by Montenegro, persons with disabilities were still

exposed to social marginalization and there was a need to further strengthen the capacities

of relevant institutions and provide them with adequate resources. Under the Law on Social

and Child Welfare, day-care centres had been established as a support service for life in the

community.

13. Montenegro had made visible progress in developing an adequate legislative and

institutional framework on minority rights. Within that context, a new strategy for the

period 2017–2019 had been adopted in order to find a permanent solution for refugees and displaced persons from the former Yugoslavia. Specific measures had been introduced to

promote the integration of the Roma and Egyptian populations into the educational system,

such as a preparatory kindergarten for children not covered by formal education and a

campaign for their enrolment in the first year of primary school.

14. Montenegro had been cooperating with international human rights mechanisms,

which had resulted in its candidacy for membership of the Human Rights Council for the

period 2022–2024.

15. Montenegro thanked all the countries that had submitted advance questions,

indicating that efforts were under way to develop a national mechanism for reporting and

monitoring the implementation of the universal periodic review recommendations.

Montenegro had been selected as a pilot country for the establishment of an OHCHR

database to facilitate such monitoring.

16. A strategy to investigate war crimes was being implemented in order to address

impunity for such crimes. Searches of unprotected databases of the International Tribunal

for the Prosecution of Persons Responsible for Serious Violations of International

Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 were

being made in order to collect evidence on preliminary stage cases of war crimes and to

gather evidence for possible new cases. In 2015, Montenegro had adopted the Law on

Reparation to Victims of Crimes of Violence, under which some €5.7 million had already been paid out.

17. Montenegro had improved its legislative framework to combat human trafficking

and was implementing the Anti-Human Trafficking Strategy 2012–2018. In order to improve the identification of potential victims, an operational team for combating

trafficking in human beings was in the process of being established.

18. With regard to freedom of expression, a new commission had been created in 2016

to monitor the actions of the competent authorities in investigating cases of threats and

violence against journalists, the killing of journalists, and attacks on media assets. Statistics

from 2017 confirmed that Montenegro was not a country in which recorded violence

against the media could be characterized as a systemic problem.

19. Awareness-raising campaigns were being run to eradicate the practices of early and

forced marriage, which were still dominant among the Roma and Egyptian populations.

The selective abortion of female fetuses was not permitted. However, as private health

institutions were not electronically linked to the public sector, it was very difficult to

determine the number of selective abortions, or even those carried out for other reasons.

20. Montenegro was planning to adopt new legislation to ensure respect for basic labour

rights, including a new labour law, by the end of 2018. No cases of child labour had been

reported in 2017.

21. With regard to the fight against discrimination based on sexual orientation or gender

identity, a strategy for improving the quality of life of lesbian, gay, bisexual, transgender

and intersex persons had been implemented through a multisectoral approach. In the

security sector, a network of police contact points had been established, along with a

special “trust team”, as mechanisms for strengthening mutual trust and improving the safety of those persons. The Criminal Code and the Anti-Discrimination Law had also been

improved, and the Law on Registered Partnership, currently being drafted, was due for

adoption by the end of 2018.

22. With regard to gender equality, all national and local bodies were required to

allocate funds for implementing activities from the Action Plan for Achieving Gender

Equality when planning their annual budgets. The representation of women in Parliament

had increased and representatives of all political parties had joined the Women’s Political Network.

B. Interactive dialogue and responses by the State under review

23. During the interactive dialogue, 73 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

24. Namibia commended Montenegro for the strengthening of its human rights

normative and institutional framework. It encouraged Montenegro to further strengthen

efforts to promote freedom of expression, gender equality, protection of children against

violence, and the integration of national minorities and stateless persons into society.

25. Nepal welcomed the measures taken by Montenegro in the field of judicial reform

and its efforts to fight corruption, combat discrimination against women and against

persons with disabilities, and fight domestic violence and violence against women. It

encouraged Montenegro to strengthen the office of the Protector of Human Rights and

Freedoms in accordance with the principles relating to the status of national institutions for

the promotion and protection of human rights (the Paris Principles).

26. The Netherlands welcomed the amendments adopted to bring the criminal provision

on torture into accordance with international standards, and was encouraged by the

investigations into and proceedings of cases of war crimes. It encouraged Montenegro to

take further measures to ensure that allegations of torture, high-level corruption and attacks

against journalists were adequately investigated.

27. Peru welcomed the ratification of numerous international human rights instruments

and the creation of the Minority Council.

28. The Philippines commended Montenegro for its submission of a universal periodic

review midterm report in 2015 and noted the establishment of an institutional framework

aimed at strengthening policies and mechanisms to fulfil its commitments to human rights.

29. Mozambique congratulated Montenegro for becoming a State party to almost all the

international human rights instruments. It noted the measures taken to strengthen the

independence, objectivity and accountability of the judiciary, and the establishment of the

Anti-Corruption Agency as an independent and autonomous State institution.

30. Qatar welcomed the concrete measures taken to improve the legislative framework

to promote the rights of children. It also commended Montenegro on its human rights

training and awareness-raising activities, particularly those on the protection of journalists,

freedom of expression and the right to a fair trial.

31. The Republic of Korea welcomed the legal and policy measures taken by

Montenegro to strengthen the independence, impartiality and efficiency of the judiciary,

and commended its commitment to gender equality and non-discrimination.

32. The Republic of Moldova welcomed the improvements made by Montenegro to its

legislative framework to address discrimination, including discrimination against women,

the decriminalization of defamation and the strengthening of the legislative framework

governing the media. It also welcomed the reinforcement of the mandate of the national

human rights institution as the national mechanism for the prevention of torture, and of the

institutional mechanisms against discrimination.

33. Romania congratulated Montenegro for its commitment to implementing a number

of strategies and action plans aimed at advancing human rights in the country.

34. The Russian Federation expressed concern about cases of torture and other cruel

treatment of detainees, and about the increase in crimes of human trafficking. It noted the

continuing discrimination against national minority groups, including the Roma population.

35. Senegal commended Montenegro for improving its human rights legislative and

institutional framework, and noted with satisfaction the establishment of institutions for

monitoring the implementation of the human rights protection policies developed by the

Ministry of Human and Minority Rights.

36. Serbia welcomed the measures taken to strengthen the role of the Protector of

Human Rights and Freedoms, and the adoption of the new Strategy for Domestic Violence

Protection 2016–2020. It commended Montenegro on the improvement of its anti- discrimination framework through the amendments to the Anti-Discrimination Law.

37. Sierra Leone congratulated Montenegro for its implementation of a number of

policies, such as the Inclusive Education Strategy, the Strategy for the Integration of

Persons with Disabilities and the Strategy for the Prevention and Protection of Children

against Violence. It welcomed the ratification of several international human rights

instruments and encouraged Montenegro to raise awareness and adopt stringent measures to

combat the practices of child, early and forced marriage among the Roma, Ashkali and

Egyptian communities.

38. Slovakia welcomed the ratification of the Optional Protocol to the Convention of the

Rights of the Child on a communications procedure, the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights, and the 1961 Convention

on the Reduction of Statelessness. It recognized legal reforms relating to the establishment

of a comprehensive anti-discrimination framework and valued the progress made in

strengthening the independence of the judiciary.

39. Slovenia welcomed the positive legislative developments regarding non-

discrimination and the measures taken to counter sexist stereotypes. It encouraged

Montenegro to combat prejudice against members of ethnic minorities and provide public

servants with human rights education. It also encouraged Montenegro to pay special

attention to the need to improve birth registration, particularly for children belonging to

ethnic minorities and for abandoned children.

40. The State of Palestine welcomed the Strategy for Roma and Egyptian Social

Inclusion 2016–2020 and the steps taken regarding business and human rights.

41. Sweden commended Montenegro for its continuing work to fulfil its human rights

obligations and encouraged it to make further efforts in that regard.

42. Switzerland welcomed the inclusion of civil society representatives and journalists

in the commission that had been established to investigate cases of violence and attacks

against journalists, and expressed concern about the extremely polarized environment for

the work of civil society representatives and journalists.

43. The former Yugoslav Republic of Macedonia commended Montenegro for its

commitment to the universal periodic review process and the numerous measures it had

taken to implement recommendations from the second cycle. The former Yugoslav

Republic of Macedonia noted with appreciation the development of a national mechanism

for follow-up to and coordination of the implementation of international obligations.

44. Timor-Leste noted with appreciation the adoption of the Law on the Protector of

Human Rights and Freedoms, the Anti-Discrimination Law and the Law on Gender

Equality. It commended Montenegro for the establishment of the Anti-Corruption Agency.

45. Turkmenistan noted with interest how Montenegro had incorporated the

recommendations of the second cycle into its policies. It welcomed the establishment of the

Anti-Corruption Agency as an autonomous State institution and the efforts made to

implement several human rights strategies.

46. Ukraine noted positively that the report had been prepared through inclusive national

consultations, and acknowledged the steps taken to implement recommendations from the

second cycle, including the ratification of international human rights instruments. It noted

the financial contribution that Montenegro had made to the work of OHCHR.

47. The United Kingdom noted the significant progress made in legislative reform and

institution-building. It encouraged Montenegro to implement the recommendations on

electoral reform made by the Office for Democratic Institutions and Human Rights, part of

the Organization for Security and Cooperation in Europe. It raised concern about the lack of

progress with regard to the fight against impunity for war crimes, the protection of media

freedom and the investigation of attacks on journalists.

48. The United States welcomed the establishment of a commission to monitor

investigations into attacks and threats against journalists, but expressed concern that

Montenegro had failed to make progress with those investigations. It was discouraged by

the continuous discrimination against minority groups, especially the Roma population and

lesbian, gay, bisexual, transgender and intersex communities.

49. Uruguay highlighted the ratification of numerous international human rights

instruments and the reform of the Criminal Code to criminalize the sale, prostitution and

use of children in pornography. It welcomed measures to improve the normative and

institutional framework to eradicate discrimination against women.

50. Uzbekistan commended Montenegro for its ratification of several human rights

treaties and the adoption of several laws, including on anti-discrimination. It noted,

however, concerns about existing stereotypes concerning minorities and the high

unemployment rate among minorities.

51. The Bolivarian Republic of Venezuela recognized the efforts made by Montenegro

to protect human rights. It welcomed the new legal framework on the fight against

discrimination and the legal amendments to punish the dissemination of hate speech, and

highlighted the measures taken to better protect victims of domestic violence.

52. Albania commended Montenegro for its commitment to implementing its strategies

on minorities and on anti-trafficking, and its efforts to ensure gender equality and combat

domestic violence. It inquired about the reform aiming to ensure the necessary funding to

promote the rights of minorities.

53. Algeria noted the efforts made by Montenegro to improve education and teaching

services, particularly with regard to inclusive education and equal access to education for

minorities. It also noted the legislative measures taken to combat discrimination against

women and the special measures for the protection of the rights of persons with disabilities.

54. Andorra noted the ratification of several core human rights treaties and the adoption

in 2015 of the Law on the Prohibition of Discrimination against Persons with Disabilities.

55. Angola encouraged Montenegro to continue its efforts to implement the

recommendations it had accepted at the previous review, especially those concerning

inclusive education, the integration of persons with disabilities and combating human

trafficking.

56. Argentina welcomed the establishment of the strategy for improving the quality of

life of lesbian, gay, bisexual and transgender persons, the Action Plan for Achieving

Gender Equality and the Strategy for the Integration of Persons with Disabilities.

57. Armenia noted with appreciation the measures taken by Montenegro to increase the

representation of women in Parliament and promote women’s entrepreneurship. It also

noted measures taken to promote the right to education for all, including human rights

education, and welcomed the steps taken to combat human trafficking.

58. Australia was concerned about reports of discrimination and violence against

lesbian, gay, bisexual, transgender and intersex persons and of undue political influence and

intimidation of journalists, despite several measures taken to address those issues. It was

also concerned about reports that corruption remained prevalent among the police and the

judiciary, and in the health, education and employment sectors.

59. Austria commended Montenegro for its efforts to strengthen the rule of law,

including the reform of the judiciary. It noted that, despite the progress achieved in

addressing discrimination, the Roma population continued to be subjected to discrimination

in various areas of life. It was concerned about violence against journalists.

60. Azerbaijan noted the reforms undertaken by Montenegro to effectively combat

corruption, particularly the establishment of the Anti-Corruption Agency and the adoption

of legislation on the obstruction of justice and undue influence.

61. Belarus noted the establishment of various institutions for the protection and

promotion of human rights. It noted, however, the limited impact made by those

institutions. Belarus hoped that the Government would give due attention to increasing the

effectiveness of its national human rights mechanisms.

62. Bhutan noted the efforts made by the Government to protect the rights of vulnerable

groups, and the amendments made to the Criminal Code and the Law on Gender Equality.

63. Bosnia and Herzegovina commended the Government for its efforts to strengthen

the institutional framework on human rights and for ratifying almost all the international

human rights instruments. It congratulated Montenegro for beginning to develop a national

mechanism to follow up on the implementation of international obligations.

64. Brazil invited Montenegro to establish a statelessness determination procedure. It

noted the efforts made to ensure redress for war crimes. It commended the adoption of laws

on anti-discrimination and gender equality, the establishment of the national mechanism for

the prevention of torture and the adoption of the 2030 National Strategy for Sustainable

Development.

65. Bulgaria acknowledged the implementation of the 2014 Law on the Protector of

Human Rights and Freedoms, strengthening the mandate and independence of the

Ombudsman. It commended Montenegro for the establishment of the Anti-Corruption

Agency and for its efforts to enhance gender equality and protect the rights of the child.

66. Canada welcomed the efforts to address discrimination against lesbian, gay,

bisexual, transgender and intersex persons and to uphold the right to freedom of assembly

and expression by permitting pride marches in Podgorica. It was concerned about reports of

media outlets and journalists being exposed to economic pressure and threats.

67. Chile congratulated Montenegro for its approval of the amended Anti-

Discrimination Law, which had redefined the terms “discrimination” and “hate speech” by

integrating the elements of the European standards into its text. Chile was concerned that

some of the international human rights instruments had not yet been ratified.

68. China noted the adoption of laws on anti-discrimination, on gender equality and on

the rights of persons with disabilities, as well as the adoption of strategies on the prevention

of domestic violence and the protection of children from violence.

69. The delegation of Montenegro stated that further action had been taken to prevent

and repress corruption. Over 1,000 cases had been brought against public officials, resulting

in more than 200 dismissals. Moreover, corruption cases examined by the Special State

Prosecution Office during the four years since its establishment had resulted in 99

investigations and 36 indictments, all of which had been confirmed. Furthermore, 18 cases

had been resolved with convictions. As for illicitly obtained property, financial

investigations had been conducted into 119 natural persons and 14 legal persons.

70. The further development of media freedom was a State priority. In that regard, the

adoption of new legislation was planned to prevent any undue political influence of the

public broadcaster and a new law on media freedom had been planned for adoption in 2018.

Montenegro considered combating violence against journalists to be a priority and 24 such

cases had resulted in 13 indictments and 9 convictions over a four-year period.

71. As for the rights and freedoms of the Roma and Egyptian populations, the third

Strategy for Roma and Egyptian Social Inclusion had been implemented for the period

2016–2020. The strategy was based on the international instruments on human rights and minority rights that had been signed by Montenegro and it was fully consistent with the

European framework for the social inclusion of the Roma population. Its goal, which was

based on the principles of equality and non-discrimination, was to achieve the social

inclusion of the Roma and Egyptian populations with a view to improving their

socioeconomic status. In the field of education, the number of Roma children attending

school at all levels had increased, scholarships were available for Roma and Egyptian

students at high school and university, and free textbooks were provided to Roma and

Egyptian children at primary school.

72. Côte d’Ivoire welcomed the strengthening of the normative and institutional framework for the protection of human rights. However, it noted that several challenges

remained, particularly in the field of civil and political rights and equality and non-

discrimination, including for persons with disabilities and members of minorities.

73. Croatia welcomed the legislative efforts to combat domestic violence and

encouraged Montenegro to make further progress in that regard, including by providing

more shelters for women who had been victims of such violence and adequate funding for

the non-governmental organizations that provided services to victims. Croatia encouraged

Montenegro to continue its post-war efforts concerning missing persons, war crime trials

and compensation to victims.

74. Czechia appreciated the informative presentation, which had provided an overview

of the human rights situation in Montenegro. Czechia acknowledged the progress that had

been achieved in several human rights areas and encouraged Montenegro to continue its

efforts.

75. Ecuador congratulated Montenegro for its progress in the area of human rights,

especially for its Strategy for the Integration of Persons with Disabilities and the National

Strategy for Sustainable Development.

76. Egypt commended Montenegro for its progress in promoting human rights,

including through the improvement of its legal framework, the fight against discrimination

and the adoption of the national strategy to combat human trafficking.

77. Estonia commended Montenegro for its cooperation with the United Nations human

rights mechanisms, including the elaboration of a national mechanism to follow up on its

international human rights obligations. Estonia welcomed the efforts made to fight violence

against women and encouraged Montenegro to take further steps to combat domestic

violence.

78. France noted that Montenegro had made significant progress in strengthening the

rule of law, in the protection of minorities and in the fight against corruption with the

establishment of a specialized agency.

79. Gabon acknowledged the measures taken by Montenegro to fight corruption through

the adoption of legislation, the creation of an agency to prevent corruption, and the

establishment of a Special Prosecutor. Gabon congratulated Montenegro for the efforts

made to combat violence against women, in particular through the reform of the Criminal

Code.

80. Georgia noted with appreciation the policies adopted by Montenegro to promote

gender equality and eliminate discrimination and violence. Georgia welcomed its

ratification of the Council of Europe Convention on Preventing and Combating Violence

against Women and Domestic Violence and the adoption of the new Strategy for Domestic

Violence Protection 2016–2020.

81. Germany commended Montenegro for its extension of the mandate of the Protector

of Human Rights and Freedoms and the improvements made to the quality of life of

lesbian, gay, bisexual, transgender and intersex persons. It also commended Montenegro for

its cooperation with civil society in preparation for the current universal periodic review.

82. Ghana noted the legislative developments in the field of non-discrimination and the

adoption of amendments to the electoral law aiming at improving the participation of

women in the electoral process. It noted that, despite the efforts made, persons of Roma,

Ashkali and Egyptian origin still faced discrimination.

83. Greece commended Montenegro for its implementation of human rights strategies

and action plans relating to minorities, gender equality, domestic violence, persons with

disabilities and human trafficking. It also commended legislative and institutional progress

made in the field of the rule of law and the fight against corruption.

84. Honduras commended Montenegro for its progress in implementing the

recommendations received in the previous cycles, particularly the ratification of several

international human rights treaties and the adoption of measures to protect the rights of

lesbian, gay, bisexual and transgender persons.

85. Iceland welcomed the efforts made by Montenegro to develop a stable legal and

institutional framework for the protection and promotion of human rights.

86. India commended Montenegro for its progress in the protection of human rights,

particularly for the most vulnerable groups, and noted the strategies and action plans

focusing on women, children, the elderly, minorities and persons with disabilities. It also

commended Montenegro for the establishment of the Child Rights Council and the

adoption of the Law on the Prohibition of Discrimination against Persons with Disabilities.

87. Indonesia welcomed the numerous human rights strategies introduced by

Montenegro to protect vulnerable groups. It commended the adoption of the 2030 National

Strategy for Sustainable Development and the establishment of a national monitoring

mechanism to oversee recommendations from the United Nations system.

88. The Islamic Republic of Iran took positive note of several measures taken by

Montenegro, including specific strategies to ensure equal access to education for minorities

and to increase the number of Roma children attending primary school. It expressed

concern about the urgent need for sustained efforts to increase the level of attendance of

Roma children in primary schools, and to overcome negative stereotypes against them.

89. Iraq welcomed the progress made by Montenegro in the implementation of the

recommendations it had received during the second review cycle and highlighted the fact

that several bodies had been established to protect human rights.

90. Ireland welcomed the efforts made by Montenegro to strengthen the impartiality of

the judiciary. It noted positively the new Strategy for Domestic Violence Protection 2016–

2020 and welcomed the introduction of measures aimed at protecting the rights of lesbian,

gay, bisexual, transgender and intersex persons and addressing discrimination against

minorities.

91. Italy commended Montenegro for its engagement in the fight against domestic

violence, violence against women and human trafficking. It appreciated the efforts made in

the field of human rights education and training, and the results achieved in the fight

against discrimination.

92. Libya welcomed the progress made by Montenegro in the promotion of human

rights. It also welcomed the adoption of a number of legislative measures aiming to

strengthen the impartiality of the judiciary and of measures aiming to improve the electoral

law in order to increase the participation of women in public life.

93. Madagascar commended Montenegro for its ratification of the Council of Europe

Convention on Preventing and Combating Violence against Women and Domestic

Violence. It welcomed the adoption of a national strategy against trafficking in human

beings, the Law on Protection against Domestic Violence and amendments to the Criminal

Code to improve the protection of victims of domestic violence.

94. Malaysia noted the development of various national strategies to advance human

rights in Montenegro. It hoped that the adoption of the Law on Protection against Domestic

Violence and the Strategy for Domestic Violence Protection 2016–2020 would address the

incidence of domestic violence against women.

95. Maldives commended Montenegro for its efforts to achieve gender equality and

increase the participation of women in political decision-making, and for its commitment to

combating corruption through the establishment of the Anti-Corruption Agency in 2016.

96. Mexico acknowledged the progress made by Montenegro in the protection of

children and adolescents through its implementation of the Strategy for the Prevention and

Protection of Children against Violence 2017–2021, and the adoption of the Strategy for

Domestic Violence Protection 2016–2020.

97. Morocco welcomed the launch of the process aiming to establish a national follow-

up and coordination mechanism for the implementation of international human rights

obligations. It also welcomed the legislative measures adopted to strengthen the

independence and impartiality of the judiciary.

98. Portugal welcomed the comprehensive national report produced by Montenegro.

99. The Plurinational State of Bolivia welcomed the work of the Ministry of Human and

Minority Rights as the public institution in charge of combating discrimination and

developing human rights protection policies.

100. In its concluding statement, the delegation of Montenegro highlighted the efforts the

Government had made to combat violence against women, citing the formation of 17

multidisciplinary teams for the prevention of domestic violence and violence against

children, and the adoption of amendments to the protocol of action to prevent domestic

violence. Plans to combat violence against children also included the development of

shelters, the introduction of a free helpline and the establishment of crisis centres.

101. The definition of torture contained in the Criminal Code was consistent with the one

contained in the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment. More serious sanctions were planned for acts of torture

committed by public officials, and the possibility of non-statutory limitation was being

considered.

102. Ensuring inclusive education for children with disabilities was a priority, and some

4,892 children with disabilities had been enrolled in the mainstream school system in

Montenegro, while only 80 primary schoolchildren and 60 secondary schoolchildren were

enrolled in three specialized resource centres.

103. Montenegro reaffirmed its commitment to the universal periodic review process and

thanked all delegations for their questions, recommendations and observations.

II. Conclusions and/or recommendations

104. The recommendations formulated during the interactive dialogue/listed below

have been examined by Montenegro and enjoy the support of Montenegro:

104.1 Take measures to ensure that allegations of torture, ill-treatment or

excessive use of force by the police are investigated by an independent body and

all perpetrators are brought to justice (Ghana);

104.2 Take further steps to address corruption and ensure a thorough and

consistent approach to investigations and prosecutions in relation to corruption

(Australia);

104.3 Continue the implementation of measures with a view to enhancing the

culture of youth participation in decision-making at the community and the

society levels, based on the National Youth Strategy 2017–2021 (Romania);

104.4 Take further steps to ensure the full exercise of freedom of expression

and media, including by ensuring the independence of national TV broadcaster

RTCG (Canada);

104.5 Take action to ensure the editorial independence of public

broadcasting (Sweden);

104.6 Install more effective control mechanisms for hospitals which perform

prenatal genetic tests for the detection of the sex of fetuses. Due to the

transnational nature of the issue, close coordination with Serbian governmental

agencies should be targeted (Germany);

104.7 Ensure adequate shelters are made available for victims of domestic

violence (Malaysia).

105. The following recommendations enjoy the support of Montenegro, which

considers that they are already implemented or in the process of implementation:

105.1 Ratify the amendments to the Rome Statute of the International

Criminal Court on the crime of aggression (the Kampala amendments)

(Andorra); Accelerate the drafting of the law proposal leading to the

ratification of the Kampala amendments (Georgia);

105.2 Intensify efforts to overcome challenges in implementing international

legal norms by strengthening the effectiveness of its national human rights

institutional framework (Namibia);

105.3 Continuously invest in the process of effective implementation of the

normative human rights framework aimed at ensuring that the objectives of

that framework are properly and efficiently achieved (The former Yugoslav

Republic of Macedonia);

105.4 Carry out a legal analysis of national legislation for compliance with

the International Covenant on Civil and Political Rights through

implementation of recommendations, which the country has committed itself to

apply (Turkmenistan);

105.5 Take further measures to harmonize its national legislation with

recently ratified international instruments (Ukraine);

105.6 Strengthen the means of the Protector of Human Rights and Freedoms

in order to enable it to fulfil its mandate in conformity with the Paris Principles

(Senegal);

105.7 Strengthen its national human rights institution in accordance with the

Paris Principles and provide it with adequate human and financial resources

(Timor-Leste); Strengthen the national human rights institution, the Protector

of Human Rights and Freedoms, in accordance with the Paris Principles

(Ukraine); Provide the national human rights institution with adequate human

and financial resources to strengthen the institution’s capacity to implement its

mandate in line with the Paris Principles (Portugal); Strengthen the Protector

for Human Rights and Freedoms in accordance with the Paris Principles

(Greece);

105.8 Strengthen its national institution of the Protector of Human Rights

and Freedoms, considering, in particular, its role as the national preventive

mechanism against torture and the institutional protective mechanism against

discrimination (India);

105.9 Take further steps in order to strengthen the institution of the

Protector of Human Rights and Freedoms in accordance with the Paris

Principles and provide it with adequate human and financial resources,

considering, in particular, its role as the national preventive mechanism and

the institutional protective mechanism against discrimination (Republic of

Moldova);

105.10 Consider the establishment or strengthening of the existing national

mechanism for coordination, implementation, reporting and follow-up, in line

with elements arising from good practices identified in the 2016 OHCHR guide

on national mechanisms for reporting and follow-up (Portugal); Speed up

processes to establish a national monitoring mechanism and the OHCHR

database (Greece);

105.11 Continue to develop comprehensive strategies to eliminate all kinds of

discrimination, in particular those against women as well as members of ethnic

minorities, persons of Roma, Ashkali and Egyptian origin and other

marginalized groups (Serbia);

105.12 Continue to fight against all kinds of discrimination, especially those

targeting people of Roma, Ashkali and Gypsy origin as well as foreigners

(Senegal);

105.13 Enhance measures aimed at preventing discrimination, intensify efforts

on fighting poverty and social isolation of vulnerable groups of the population,

including women, children and national minorities (Uzbekistan);

105.14 Continue to combat all forms of discrimination, particularly against

vulnerable groups (Angola);

105.15 Redouble efforts to combat discrimination against all ethnic minorities

and marginalized groups in the fields of education, employment, health care,

social services and political participation (Indonesia);

105.16 Further strengthen efforts to protect the rights of lesbian, gay,

bisexual, transgender and intersex persons effectively and investigate and

prosecute cases of violence and discrimination against those persons (Iceland);

105.17 Fully implement adopted legal measures against discrimination and

effectively address reported cases of violence against persons based on their

sexual orientation and gender identity (Czechia);

105.18 Redouble its efforts by assigning human and financial resources to

effectively implement the adopted measures to protect the rights of lesbian, gay,

bisexual and transgender persons (Honduras);

105.19 Strengthen institutions to combat discrimination and violence based on

sex, sexual orientation and gender identity (Mexico);

105.20 Amend the national Criminal Code by incorporating a definition of

torture that contains all the elements provided for in article 1 of the Convention

against Torture, and in particular ensure that penalties are in line with the

gravity of the crime (Netherlands); Adopt a definition of torture that covers all

the elements set out in article 1 of the Convention against Torture, and ensure

that the penalties provided for acts of torture are proportionate to the gravity

of the crime (Côte d’Ivoire);

105.21 Ensure that all allegations of torture, cruel treatment or excessive use

of force by police officers are consistently investigated and that the

perpetrators are brought to justice (Belarus);

105.22 Ensure the appropriate investigation into cases of torture and cruel

treatment of persons deprived of their liberty and bring the perpetrators to

justice (Russian Federation);

105.23 Ensure the provision of the necessary professional training for law

enforcement officers in order to prevent torture and cruel treatment of

detainees and prisoners (Russian Federation);

105.24 Continue working to eradicate torture and strengthen the effective

implementation of the Convention against Torture (Chile);

105.25 Continue strengthening the fight against discrimination and incitement

to violence against vulnerable groups, and ensure that crimes motivated by

prejudice are investigated and prosecuted, and perpetrators convicted and

punished (Bolivarian Republic of Venezuela);

105.26 Ensure sufficient and stable funding of the national mechanism for the

prevention of torture and strengthen efforts to ensure that its recommendations

are properly implemented (Czechia);

105.27 Strengthen the education of prosecutors, judges, police officers and

social workers for the effective implementation of the laws against violence

(Croatia);

105.28 Continue measures aimed at improving conditions in detention

facilities (Georgia);

105.29 Ensure that all prisoners receive a thorough medical examination and

have the right of access to health-care services (Islamic Republic of Iran);

105.30 Intensify its efforts to provide human rights training programmes for

all law enforcement officials to prevent cases of torture, ill-treatment and

excessive use of force (Indonesia);

105.31 Continue and extend the measures to raise awareness among the

police and law enforcement officials regarding respect for diversity, human

dignity and minority rights, and enhance supervisory mechanisms to monitor

police behaviour (Islamic Republic of Iran);

105.32 Provide the State Prosecutor’s Office and the Special Department for

war crimes with adequate resources and training so as to bring perpetrators to

justice (Republic of Korea);

105.33 Deepen investigative and sanctioning measures for perpetrators of

war crimes, in particular those who held command positions at the time of the

conflict (Argentina);

105.34 Continue the judicial reform process, including by furthering efforts

to eliminate political influence on the judiciary (Austria);

105.35 Continue to take the necessary measures to ensure compliance within

the national judicial system, including through incorporating international

human rights and anti-corruption standards into the capacity-building

curricula designed for judicial officials (Azerbaijan);

105.36 Promote the independence of the Judicial Council and develop a

disciplinary framework for judges and prosecutors (Islamic Republic of Iran);

105.37 Fully implement the reforms in the judicial sector in order to

guarantee the independence and impartiality of the judiciary (Italy);

105.38 Improve internal control and inspection mechanisms within the

public administration alongside cooperation with law enforcement authorities

in order to effectively combat corruption (Sweden);

105.39 Address corruption in the public sector and ensure the proper use of

public authority in the managing and disposing of public property (Canada);

105.40 Continue to enhance the implementation of anti-corruption policies,

including by strengthening the independence and effective functioning of the

judiciary (Estonia);

105.41 Implement, in a concrete manner, the measures adopted to

strengthen the rule of law and the fight against corruption (France);

105.42 Improve the representation of women in political life, particularly in

the Government and in Parliament (France);

105.43 Strengthen public policies to improve the representation of women in

public and political life (Plurinational State of Bolivia);

105.44 Take further measures to strengthen the engagement of the civil

sector and the national dialogue on human rights (Qatar);

105.45 Work closely with relevant actors in implementing the

recommendations from the Office for Democratic Institutions and Human

Rights on electoral reform, with a view to ensuring that the electoral processes

and legislative framework are fully in line with international standards (United

Kingdom of Great Britain and Northern Ireland);

105.46 Take timely and effective actions towards safeguarding the freedom

of expression, including by curbing impunity for attacks against journalists,

other media practitioners and media houses, and ensuring prompt, thorough,

independent and impartial investigations into such cases, as well as bringing the

perpetrators to book (Namibia);

105.47 Make further efforts to investigate all reported threats and attacks

against journalists and media workers, thus contributing to the promotion of

the freedom of expression (Slovakia);

105.48 Ensure accountability for past attacks on independent media and

journalists (Sweden);

105.49 Ensure that all threats and attacks reported against journalists,

media professionals and, more broadly, civil society representatives such as

non-governmental organizations, are investigated promptly, thoroughly,

impartially and independently, in order to foster conditions conducive to the

exercise of freedom of expression (Switzerland);

105.50 Fully investigate and bring to justice the perpetrators of attacks and

serious threats targeting journalists, civil society activists and minority groups

(United States of America);

105.51 Take further measures to investigate reports of intimidation and

attacks against journalists and media enterprises, and bring perpetrators to

justice (Estonia);

105.52 Ensure that all prosecutions of attacks against journalists, high-level

corruption and crimes under international law are conducted effectively and

impartially, and in accordance with international fair trial standards

(Netherlands);

105.53 Ensure the safety of journalists and media workers against violence

by condemning such attacks when they occur and taking further steps to end

impunity for past attacks (Austria);

105.54 Ensure that all reported threats and attacks against journalists and

media workers, as well as non-governmental organizations and human rights

defenders, are investigated thoroughly, impartially and independently

(Greece);

105.55 Ensure a safe environment for the activities of journalists and the

mass media (Belarus);

105.56 Increase efforts to prevent cases of violence against journalists and

media workers (Czechia);

105.57 Implement mechanisms to guarantee freedom of expression and the

independent work of journalists (Peru);

105.58 Step up efforts towards promoting freedom of the press and of

expression, including the safety of journalists (Brazil);

105.59 Further improve the protection of journalists in order to end the

attacks they can be subjected to (France);

105.60 Reinstate the commission for the investigation of assaults on

journalists and commit it to publishing, on a regular basis, activity reports on

the scope and quality of its cooperation with other governmental agencies

(Germany);

105.61 Take steps to ensure that the ad hoc commission and parliamentary

committee are accountable and effective in monitoring reports of violence

against journalists (Australia);

105.62 Take further steps to ensure the full exercise of freedom of expression

and media, including by ensuring the effective investigation and prosecution of

alleged threats and attacks on media personnel and property (Canada);

105.63 Recognize the important role of media self-regulation for journalists

as the most effective tool to raise professional and ethical standards of the

media without undue interference (Austria);

105.64 Implement vigorous policies to combat trafficking in persons, which

also ensures the prosecution of perpetrators (Sierra Leone);

105.65 Ensure effective implementation of the Anti-Human Trafficking

Strategy 2012–2018 and its Action Plan (Bulgaria);

105.66 Systematically strengthen legal and institutional mechanisms in order

to more efficiently and effectively address human trafficking through

Montenegro (United Kingdom of Great Britain and Northern Ireland);

105.67 Continue increasing actions to fight against human trafficking,

especially of women and children, and strengthen measures to prevent and

improve the detection of human trafficking cases (Bolivarian Republic of

Venezuela);

105.68 Continue the efforts to combat human trafficking, especially of

women and girls belonging to minorities, and take the necessary measures to

ensure the protection and assistance of all victims of human trafficking

(Algeria);

105.69 Take additional measures to combat human trafficking (Angola);

105.70 Enhance the practical measures to combat human trafficking,

including the identification, prosecution and punishment of perpetrators and

the provision of protection to the victims (Belarus);

105.71 Ensure that the perpetrators of trafficking in human beings are

brought to justice (Russian Federation);

105.72 Adopt additional measures for the identification, adequate protection

and rehabilitation of the victims of human trafficking (Russian Federation);

105.73 Take further measures to ensure rehabilitation and reintegration of

the victims of human trafficking (Armenia);

105.74 Strengthen its public policy aimed at combating human trafficking,

particularly of girls and women of Roma, Ashkali and Gypsy origin, at the

regional level and in cooperation with neighbouring countries (Côte d’Ivoire);

105.75 Continue national efforts to combat human trafficking and child

abuse (Egypt);

105.76 Vigorously pursue public policy programmes aimed at combating

trafficking in persons, in particular of Roma, Ashkali and Egyptian girls and

women (Ghana);

105.77 Implement its public policy against human trafficking, in particular

of Roma, Ashkali and Egyptian girls and women, including at the regional level

and in cooperation with neighbouring countries, by ensuring that all the victims

of trafficking have free and immediate access to reception centres, medical

care, psychological counselling, legal assistance and specialized rehabilitation

services, as well as temporary residence permits, regardless of their ability or

willingness to cooperate with the judicial authorities (Honduras);

105.78 Enhance efforts to counter trafficking in human beings (Iraq);

105.79 Guarantee the implementation of policies aimed at combating

trafficking in persons, in particular to protect Roma, Ashkali and Egyptian

girls and women, who tend to be particularly vulnerable to being victims of this

crime (Mexico);

105.80 Enforce policies and measures aimed at ending child sexual

exploitation (Sierra Leone);

105.81 Continue its efforts to raise awareness about forced unions and child

or forced marriages in the Roma, Ashkali and Egyptian communities, in

particular by guaranteeing the investigation and punishment of these practices

(Argentina);

105.82 Protect the family as it is the natural and fundamental unit of society

(Egypt);

105.83 Work out, in a timely fashion, a concrete draft law for the

legalization of same-sex partnerships which can be passed expeditiously by

Parliament (Germany);

105.84 Create more opportunities for women to access formal employment

and adopt measures to close the gender wage gap (India);

105.85 Adopt and implement policies that promote the employment of

persons with disabilities (Ghana);

105.86 Continue to improve measures against employment discrimination

towards persons with disabilities through legislation (Maldives);

105.87 Intensify its efforts to combat child labour through systematic and

effective labour inspections, investigating, prosecuting and punishing those

responsible, and providing victims with assistance (Timor-Leste);

105.88 Use effective measures to eliminate and prevent violations of

economic, social and cultural rights (Turkmenistan);

105.89 Pursue its work to eliminate poverty and to reduce social exclusion

(Libya);

105.90 Initiate the application of innovative approaches and technological

innovations for the efficient, accountable and transparent delivery of public

services (Azerbaijan);

105.91 Continue to adopt legislative and administrative measures to better

ensure the rights of vulnerable groups such as women, children and persons

with disabilities (China);

105.92 Accelerate the implementation process of the new strategy for

developing social protection for the elderly (Gabon);

105.93 Intensify its efforts to improve the quality of public health-care

services for groups in a particularly vulnerable situation (Mexico);

105.94 Establish strategies to increase the educational participation of

Roma, Ashkali and Egyptian children (Sierra Leone);

105.95 Expedite measures to broaden inclusive education for children with

disabilities (Bulgaria);

105.96 Continue strengthening its efforts to improve the accessibility of

quality education to children with disabilities who remain outside of the

educational system (Maldives);

105.97 Pursue efforts in the field of human rights education and training

(Morocco);

105.98 Carry on strengthening its domestic legislation by continuing efforts

towards bringing national laws into line with its obligations under international

human rights law, especially those related to women and children (Bosnia and

Herzegovina);

105.99 Resource appropriately the implementation of the Action Plan for

Achieving Gender Equality 2017–2021 and monitor its implementation

(Australia);

105.100 Continue to implement equal opportunity policies aimed at

promoting gender equality between men and women in all spheres, combating

domestic violence and violence against women, and eliminating traditional

gender stereotypes regarding women’s roles in society (Namibia);

105.101 Strengthen the bodies created to eliminate discrimination against

women (Peru);

105.102 Continue to address the challenges in the area of equal opportunities

between women and men, with a particular focus on the economic and political

empowerment of women, as well as combating violence and stereotypes of

traditional women’s roles (Romania);

105.103 Fully implement action plans on gender equality in order to ensure

women’s political participation, education and economic empowerment, and

address the needs of women facing multiple discrimination (Sweden);

105.104 Take further measures to promote women’s economic empowerment

and their participation in political life and decision-making (Iceland)

(Slovenia);

105.105 Continue taking measures to combat discrimination against women,

and promoting their economic and political empowerment (Nepal);

105.106 Increase efforts to address specific issues, such as the lack of women

participating in political life, wage inequality and the unequal distribution of

responsibilities in the home (Uruguay);

105.107 Continue its significant efforts in the promotion of gender equality

and take further steps in creating an enabling environment for women’s

participation in all spheres of life (Greece);

105.108 Strictly apply the prohibition of abortion based on the sex of the fetus

and establish assistance services for women who feel pressured to carry out

abortions for this reason (Uruguay);

105.109 Continue efforts to address domestic and gender-based violence

against women (Nepal);

105.110 Strengthen the strategy on the protection against domestic violence

(Angola);

105.111 Continue taking measures to enhance the efficiency of its national

institutional framework with a special focus on overcoming challenges in

empowering women and protecting women and children from all forms of

violence (Bhutan);

105.112 Ensure that all acts of domestic and sexual violence against women

and girls are promptly and effectively investigated and prosecuted (Slovenia);

105.113 Ensure effective implementation of the Law on Protection against

Domestic Violence, including by providing comprehensive training for relevant

actors: police, prosecutors, judges, and health-care professionals (Republic of

Moldova);

105.114 Ensure that all alleged cases of domestic violence are thoroughly

investigated, perpetrators brought to justice and victims adequately protected

and compensated (Estonia);

105.115 Continue awareness-raising and education against gender-based

violence (Albania); Continue efforts to further promote women’s rights and

support awareness-raising and education on gender-based violence (Georgia);

105.116 Allocate adequate resources for the accommodation and care of

victims of domestic violence. Break down the culture of impunity for domestic

violence through public dialogue and advocacy (Canada);

105.117 Enhance support services for domestic violence victims (Ireland);

105.118 Further promote the rights of women by spreading public awareness

of sexual harassment and the need to respect women’s rights and welfare (Philippines);

105.119 Strengthen efforts to prevent and combat all forms of discrimination

and violence against women, and ensure that women victims of violence receive

appropriate help, and that perpetrators are brought to justice (Italy);

105.120 Ensure that victims of domestic violence are provided with

comprehensive counselling and rehabilitation services, and that training is

provided on a regular basis to sensitize all key personnel and authorities

handling cases of domestic violence (Malaysia);

105.121 Continue improving the promotion and protection of children’s

rights, including through strengthening the Child Rights Council (Slovakia);

105.122 Strengthen the Child Rights Council and increase the capacity of

government bodies, Parliament, the Protector of Human Rights and Freedoms,

civil society and academic institutions to improve the promotion and protection

of the human rights of children (Algeria);

105.123 Implement the new Strategy for the Prevention and Protection of

Children against Violence 2017–2021 through a strong multisectoral approach that also includes a system of effective monitoring and evaluation (Croatia);

105.124 Take the necessary measures to define the new National Action Plan

for Children for the period 2018–2022 (Qatar);

105.125 Adopt measures to raise public awareness in order to ensure that the

legal prohibition of corporal punishment is effectively complied with

(Uruguay);

105.126 Ensure the proportional representation of the national minorities in

the public sector at the national and local levels (Russian Federation);

105.127 Take additional measures to ensure equal access for members of

national minorities, including the Roma population, to education, health-care

services and the labour market (Russian Federation);

105.128 Allocate a suitable budget to ensure that the Strategy for Roma and

Egyptian Social Inclusion 2016–2020 will be fully implemented, and continue its efforts to secure a sustainable housing solution for minority persons and ensure

their inclusion in the educational system (State of Palestine);

105.129 Allocate additional financial resources to implement the strategy for

the social inclusion of Roma and Balkan Egyptians (United States of America);

105.130 Strengthen the efforts to implement the strategy on minority policy,

especially for the preservation and development of culture, education and

information in their languages (Albania);

105.131 Continue to raise awareness of the needs of the Roma population, in

particular women and children, and establish adequate systems that provide

for their economic, social and educational inclusion (Austria);

105.132 Continue efforts to ensure that the Roma, Ashkali and Egyptian

communities can fully enjoy their economic, social and cultural rights (Peru);

105.133 Continue to make efforts to promote tolerance and inter-ethnic

dialogue within the country, including by strengthening the Minority Councils

(Brazil);

105.134 Increase efforts to end discrimination on ethnic grounds and continue

working to eliminate stereotypes and prejudices against persons belonging to

the national minorities (Chile);

105.135 Accelerate the implementation of programmes, particularly building

projects, aimed at improving the integration of people belonging to minority

groups and settle the legal issues regarding their residence status (France);

105.136 Strengthen the function of the Minority Councils designed to

represent ethnic minorities, and conduct information campaigns in the public

domain to combat intolerance (Ireland);

105.137 Intensify the efforts to guarantee non-discrimination against

minorities (Plurinational State of Bolivia);

105.138 Continue harmonizing its legislation with the Convention on the

Rights of Persons with Disabilities (Andorra);

105.139 Continue implementing measures to increase the effectiveness of the

implementation of the Law on the Prohibition of Discrimination against

Persons with Disabilities (Bolivarian Republic of Venezuela);

105.140 Issue legislation that is more compatible with the Convention on the

Rights of Persons with Disabilities (Iraq);

105.141 Review national legislation regarding restrictions on the rights of

persons with disabilities to harmonize it with the Convention on the Rights of

Persons with Disabilities (Republic of Korea);

105.142 Continue strengthening institutional structures and support

measures to guarantee the rights of persons with disabilities (Chile);

105.143 Strengthen efforts to address the plight of refugees by providing

durable solutions (Philippines);

105.144 Introduce into law a mechanism to expedite the determination of

statelessness (Namibia).

106. The following recommendations will be examined by Montenegro, which will

provide responses in due time, but no later than the thirty-eighth session of the

Human Rights Council:

106.1 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Senegal);

106.2 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Egypt) (Honduras)

(Sierra Leone); Consider ratifying the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Bolivarian Republic of Venezuela); Consider ratifying the

International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families (Morocco); Take further steps to

ratify the International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families (Indonesia);

106.3 Ratify the Marrakesh Treaty to Facilitate Access to Published Works

for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled

(Honduras);

106.4 Adopt an open, merit-based process when selecting national

candidates for United Nations treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

106.5 Strengthen its efforts to promote equality and fight discrimination

against members of national and ethnic minorities, refugees and displaced

persons, including persons of Roma, Ashkali and Egyptian origin, persons with

disabilities, and other marginalized persons and groups, particularly in relation

to their access to employment, social security, housing, health care and

education (Ecuador);

106.6 Reform the existing legal provision that requires transgender persons

to undergo a surgical intervention in order to obtain legal recognition

(Portugal);

106.7 Adopt a definition of torture that is not subject to any statute of

limitations, and that covers all the elements contained in article 1 of the

Convention against Torture (Portugal);

106.8 Remove the statute of limitations on torture from the Criminal Code

and effectively prevent and investigate allegations of physical ill-treatment of

persons deprived of their liberty (Czechia);

106.9 Change the current medical model and approach to mental health

and disability by prohibiting practices that lead to the involuntary deprivation

of liberty of persons with mental health conditions or psychosocial disabilities,

based on the suspicion of mental illness (Portugal);

106.10 Take further steps to ensure the full exercise of freedom of expression

and media, including by ensuring equal opportunity for all media to access

funding available from governmental sources (Canada);

106.11 Shield media from political interference by strengthening

independent oversight for the agency for electronic media and the public

broadcaster’s governing council (United States of America);

106.12 Take measures to prohibit child marriage and child labour,

particularly within the minority communities (Republic of Korea);

106.13 Adopt a human rights and disability-based approach in its laws,

policies and measures, in addition to providing training and creating awareness

on the rights enshrined in the Convention on the Rights of Persons with

Disabilities and its Optional Protocol (Ecuador);

106.14 Continue its efforts to adopt a comprehensive accessibility strategy in

order to promote further the full integration of persons with disabilities into

society and back it with adequate resources (Slovakia);

106.15 Facilitate the processing and obtaining of necessary documentation,

such as civil registration papers, for the thousands of stateless persons in the

country (Philippines).

107. The recommendations below have been examined by Montenegro and have

been noted by Montenegro:

107.1 Intensify the oversight of Montenegrin companies operating abroad

with regard to any negative impact of their activities on the enjoyment of

human rights, particularly in conflict areas, which includes situations of foreign

occupation, where there are heightened risks of human rights abuses (State of

Palestine);

107.2 Continue to promote social and economic sustainable development to

lay a solid foundation for its people to enjoy all human rights (China);

107.3 Intensify the efforts to guarantee non-discrimination against

indigenous peoples (Plurinational State of Bolivia).

108. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Montenegro was headed by Deputy Prime Minister for the

Political System, the Interior and Foreign Policy and Minister of Justice, H.E. Mr. Zoran

Pažin, and composed of the following members:

• H.E. Mr. Milorad Šćepanović, Permanent Representative of Montenegro to the

United Nations and other international organizations in Geneva;

• H.E. Mr. Kemal Purišić, Minister of Labour and Social Welfare;

• Ms. Blanka Radošević Marović, Director General for Promotion and Protection of

Human Rights and Freedoms, Ministry for Human and Minority Rights;

• Mr. Leon Gjokaj, Director General for Promotion and Protection of Rights and

Freedoms of Minorities and Other National Minority Groups, Ministry for Human

and Minority Rights;

• Mr. Goran Kuševija, Director General for social welfare and child protection,

Ministry of Labour and Social Welfare;

• Ms. Marijana Laković-Drašković, Director General for Judiciary, Criminal Justice

and Supervision, Ministry of Justice;

• Ms. Nataša Radonjić, Director General for Execution of Criminal Sanctions,

Ministry of Justice;

• Mr. Zoran Ulama, National Coordinator for Fight Against Trafficking in Human

Beings;

• Ms. Biljana Pejović, Head of the Gender Equality Department, Ministry for Human

and Minority Rights;

• Ms. Senka Klikovac, Head of Department in the Directorate for Health Care,

Ministry of Health;

• Ms. Ana Ražnatović, Director of the Directorate for the United Nations, Ministry of

Foreign Affairs;

• Ms. Tamara Milić, Head of the Department for preschool and inclusive education,

Ministry of Education;

• Ms. Sanja Žugić, Chef de Cabinet to the Minister of Human and Minority Rights;

• Ms. Lela Vuković, Chef de Cabinet to the Minister of Labour and Social Welfare;

• Ms. Dragica Vučinić, Deputy Director, Administration for the Care of Refugees;

• Ms. Ljulja Đonaj, Senior Police Inspector, Police Administration;

• Ms. Vjera Šoć, Senior Adviser, Ministry of Labour and Social Welfare;

• Ms. Dragana Šćepanović, Head of the Division for Human Rights and Legal Issues,

Directorate for the United Nations, Ministry of Foreign Affairs;

• Ms. Jelena Raičević, Adviser in the Directorate for Construction, Ministry for

Sustainable Development and Tourism;

• Mr. Radule Kojović, Judge, Supreme Court;

• Ms. Sanja Boreta, Secretary of the Supreme Court;

• Mr. Veselin Vučković, State Prosecutor, Supreme State Prosecutor's Office;

• Ms. Ana Bošković, State Prosecutor, Prosecutor’s Office;

• Mr. Miljan Vlaović, Adviser, Supreme State Prosecutor's Office;

• Ms. Tamara Brajović, First Counsellor, Permanent Mission of Montenegro to the

United Nations and other international organizations in Geneva.