The honouring of obligations and commitments by Montenegro
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate on
27 June 2012 (24th Sitting) (see Doc. 12952, report of the Committee
on the Honouring of Obligations and Commitments by Member States
of the Council of Europe (Monitoring Committee), co-rapporteurs:
Mr Gardetto and Ms Memecan). Text adopted by the Assembly on 27
June 2012 (24th Sitting).
- Thesaurus
1. Since the adoption by the Parliamentary
Assembly of
Resolution
1724 (2010) on the honouring of obligations and commitments
by Montenegro, the country has continued to make substantial progress
towards the fulfilment of its remaining obligations and commitments.
Montenegro has signed and ratified 83 conventions of the Council
of Europe, thus fully complying with all the requirements contained
in
Resolution 1724 (2010),
and has continued to fully co-operate with the European Commission
for Democracy through Law (Venice Commission) and other Council
of Europe monitoring bodies such as the Group of States against Corruption
(GRECO) and the European Commission against Racism and Intolerance
(ECRI).
2. The Assembly congratulates Montenegro on its positive role
in the stabilisation of the region. Montenegro has continued to
be a reliable and constructive partner, involved in several regional
and multilateral initiatives.
3. Montenegro has made progress towards integration into the
European Union: after obtaining visa liberalisation in December
2009, Montenegro was granted candidate country status by the European
Council in December 2010. In December 2011, it was proposed to open
accession negotiations in June 2012, subject to further progress,
which was confirmed by the European Commission on 22 May 2012. This
achievement is a clear recognition of the progress made by Montenegro
these past three months. The Assembly also takes note of the “new
approach” adopted by the European Commission for accession negotiations,
namely verifying first of all Montenegro’s compliance with Chapter
23 (judiciary and fundamental rights) and Chapter 24 (justice, freedom
and security) of the accession procedure based on the European Union acquis.
In the field of democracy
4. The Assembly welcomes the efforts undertaken to increase
the transparency of the parliament’s work and the capacity of the
parliamentary committees. It welcomes the adoption of the amendments
to the Rules of Procedure of the Parliament of Montenegro, in particular
the establishment of the new Anti-corruption Committee, which will
be led by a representative of the opposition and which should improve
the fight against corruption and strengthen the oversight role of
the parliament. It notes that the rights of the parliamentary opposition
within the context of the parliament are still under discussion.
5. It appeals to all members of parliament to work in a constructive
way and improve the relationship between the parliamentary majority
and the minority/opposition.
6. It encourages Montenegro to further strengthen the administrative
capacity and other resources required for professional, efficient
and transparent work by the parliament, to ensure that oversight
hearings in parliamentary committees lead to the adoption of conclusions
that are properly followed up by the relevant authorities, and to
better interact with civil society in the light of the memorandum
of understanding that was signed between the parliament and non-governmental
organisations (NGOs) in April 2011.
7. The Assembly, taking into account that the Law on the Election
of Councillors and Members of Parliament was revised on 17 June
2011, in line with the recommendations of the Venice Commission,
the Office for Democratic Institutions and Human Rights of the Organization
for Security and Co-operation in Europe (OSCE/ODIHR) and the Parliamentary
Assembly:
7.1 welcomes these amendments
which finally bring electoral legislation into line with the 2007 Constitution
of Montenegro, now restricting the right to vote to persons holding
Montenegrin citizenship;
7.2 notes that the amendments to the Law on Montenegrin Citizenship,
adopted on 8 September 2011, should facilitate the granting of Montenegrin
citizenship to those citizens of former Yugoslav republics who already
had their permanent residence in Montenegro for two years before
the date of independence of Montenegro;
7.3 as regards the issue of “authentic representation” of
minorities, considers as a positive step the extension of affirmative
action to all minority groups that account for less than 15% of
the population and calls on all political parties to find the necessary
consensus in order to ensure the smooth functioning of minority
councils and the transparent use of the Minority Fund. In addition,
it also encourages Montenegro to further improve the Law on Minority
Rights and Freedoms;
7.4 while welcoming the fact that the revised electoral law
prescribes a 30% participation of the under-represented sex in electoral
lists, invites Montenegro to amend this provision in order to secure effective
access for the under-represented sex to elected positions (by means
of a “zip system”, reserving every third position on the candidate
list for members of the under-represented sex). In the meantime,
the Assembly calls on all political parties to apply this rule on
a voluntary basis with a view to the next elections.
8. The Assembly welcomes the positive developments related to
the State Electoral Commission, and encourages Montenegro to address
the remaining issues highlighted in the OSCE/ODIHR and Venice Commission
recommendations, such as the dissolution of coalitions and their
funding obligations, the extension of the mandate of the State Electoral
Commission to municipal elections, and the constitutional two-year
residency requirement (instead of six months for local elections)
before citizens can obtain the right to vote.
9. The Assembly reiterates its firm conviction that the multi-ethnic
and multireligious components of its society are an asset for Montenegro.
In this context, the Assembly welcomes the agreement reached in September
2011 to amend the Law on Education adopted in September 2011 and
hopes that consensus-based discussion and a spirit of compromise
will prevail when new issues related to minority rights arise.
10. The Assembly takes note of further progress achieved in the
decentralisation process, including the adoption of the Law on Territorial
Organisation and the Law on Local Finances in 2011, the adoption,
in June 2011, of the Development Strategy for Inter-municipal Co-operation
2011-2016 and the ratification of the Additional Protocol to the
European Charter of Local Self-Government on the right to participate
in the affairs of a local authority (CETS No. 207). The Assembly
invites Montenegro to implement Recommendation 293 (2010) on local
democracy in Montenegro, adopted by the Congress of Local and Regional
Authorities of the Council of Europe, and to continue to make use
of the Council of Europe’s expertise to complete the reforms in
the area of local democracy and ensure a transparent, democratic
and efficient functioning of local authorities.
In the field of the rule of law
11. The Assembly considers that the reform of the judiciary
remains a priority to be addressed by the Montenegrin authorities
to fulfil their obligations. In this respect, the Assembly:
11.1 acknowledges that important
pieces of legislation were amended (such as the laws on courts,
on the State Prosecutor’s Office and on the Judicial Council of
Montenegro, as well as the Criminal Code) or adopted (such as the
Law on Misdemeanours and the Law on Free Legal Aid) in 2011. The
new Criminal Procedure Code entered into force in August 2011;
11.2 regrets, however, that the parliament failed to amend
the constitution with respect to the appointment of high-level judiciary
officials. The Assembly calls on all political parties to support
the agreed constitutional reform in compliance with the recommendations
of the Venice Commission in order to build a solid and independent
judiciary. Parliament should no longer be involved in the election of
the President of the Supreme Court, and the composition of the Constitutional
Court and the Judicial Council should be revised;
11.3 invites the Montenegrin authorities to submit the draft
constitutional amendments on the appointment of high-level judicial
officials to the Venice Commission prior to their adoption in parliament;
11.4 stresses that more efforts should be made regarding the
initial and lifelong training of judges and prosecutors and invites
the Montenegrin authorities to allocate the necessary resources
to the Judicial Training Centre.
12. The Assembly congratulates Montenegro for launching the Public
Administration Reform Strategy for 2011-2016 and adopting important
pieces of legislation in 2011, such as the Law on Public Internal
Financial Control, the Law on General Administrative Procedure,
the Law on Civil Servants and State Employees based on the principles
of merit-based recruitment and promotion, and the Law on Salaries
of Civil Servants and State Employees. The Assembly invites Montenegro
to implement this legislation, which will contribute to a more efficient
and transparent functioning of the public administration. It also
reminds the Montenegrin authorities to take into account the need
to ensure an equitable representation of minorities in public administration.
13. At regional level, the Assembly welcomes the ratification
by Montenegro of extradition agreements with Croatia, Serbia and
“the former Yugoslav Republic of Macedonia”, covering their own
nationals involved in serious and organised crime, as well as the
signature of agreements on police co-operation with Croatia and Serbia,
and the ratification of agreements with Bosnia and Herzegovina on
mutual legal assistance in civil and criminal matters and on mutual
recognition of decisions in criminal matters.
14. The Assembly welcomes the steps taken to combat corruption
and organised crime, in particular the amendments to the Penal Code
in April 2010, the adoption of a new Criminal Procedure Code in
July 2010 and the revision of the Law on Prevention of Money Laundering
and Terrorist Financing in February 2012.
15. The Assembly in particular welcomes the enactment of the Law
on Financing of Political Parties and the Law on Public Procurement,
as well as the amendments to the Law on the Conflict of Interests
in July 2011 and the Law on Lobbying adopted in November 2011. The
Assembly underlines the importance of this new legislation and trusts
that these laws will contribute to reducing opportunities for corruption
and increasing transparency in this field. The Assembly urges the
Montenegrin authorities to ensure that these laws will be fully
implemented, and that the role of the State Audit Institution, the
State Electoral Commission and the Commission for the Prevention
of Conflicts of Interest will be reinforced and able to fully perform
their duties.
In the field of human rights
16. The Assembly notes the progress made regarding lesbian,
gay, bisexual and transgender (LGBT) rights and congratulates Montenegro
on the adoption of the comprehensive Anti-discrimination Law in
2010 and on the recent initiatives taken by the Montenegrin authorities,
including the appointment of an adviser to the prime minister on
human rights and protection against discrimination and on the leading
role taken in this field by Montenegro in the region. The Assembly
also welcomes the announced organisation of the “Pride Parade”, which
is planned to be held in June 2013, in co-operation with the Protector
of Human Rights and Freedoms (Ombudsman) and relevant institutions.
17. The Assembly stresses, however, that these laws now need to
be fully implemented. Effective measures need to be taken to promote
tolerant attitudes in society and prosecute violence perpetrated
on any ground, including sexual orientation. In this respect, the
Assembly urges the authorities to investigate and prosecute all cases
of violence and intimidation against members of the LGBT community
and to guarantee the freedom of assembly and the safety of public
events such as the Gay Pride Parade.
18. As regards the institution of the Protector of Human Rights
and Freedoms (Ombudsman), the Assembly:
18.1 welcomes the adoption, in July 2011, of the Law on the
Protector of Human Rights and Freedoms of Montenegro (Ombudsman).
According to the 2010 Anti-discrimination Law, the Ombudsman is
the national preventive mechanism for the prevention of torture
and other forms of inhuman treatment and punishment under the Optional
Protocol to the United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT), as well as
the national mechanism for prevention of and protection against
discrimination;
18.2 urges Montenegro to amend the constitution in line with
the recommendations of the Venice Commission to strengthen the independence
of the Ombudsman and ensure that he or she is elected by a qualified
majority in parliament;
18.3 regrets, however, that the law does not make any reference
to the Anti-discrimination Law or provide the Ombudsman with the
powers and competences described in ECRI General Policy Recommendation
No. 7;
18.4 expects the Montenegrin authorities to provide the Ombudsperson
with the necessary financial and human resources to carry out his
or her task properly in order to become an effective implementation mechanism
of the anti-discrimination legislation and the prevention of torture.
19. The Assembly remains concerned about the situation of the
Roma, Ashkali and Egyptian (RAE) communities. The Assembly recognises
that Montenegro has undertaken many efforts to improve the living conditions
and educational programmes for these communities. However, considering
the multiple discriminations faced by the RAE communities, the Assembly
urges Montenegro to continue its programmes in order to facilitate
the civil registration of RAE persons; ensure their access to housing,
education, health services and employment; include a gender dimension
in the programmes; and develop mainstreamed policies.
20. As regards the situation of refugees and internally displaced
persons (IDPs), the Assembly:
20.1 pays
tribute to the role played by Montenegro during the wars in the
former Yugoslavia in the 1990s when hosting refugees and displaced
persons from neighbouring countries;
20.2 congratulates Montenegro for signing the “Sarajevo Declaration”
in November 2011, together with Serbia, Bosnia and Herzegovina and
Croatia, and for taking an active part in this regional initiative which
should facilitate the return of refugees and/or find long-term solutions
for refugees and IDPs. The Assembly calls on donors to provide the
necessary funds to make this initiative successful, in particular the
improvement of living conditions in the Konik camps, which in some
respects still give cause for concern;
20.3 invites the Montenegrin authorities, in co-operation with
the Office of the United Nations High Commissioner for Refugees
(UNHCR) and the Red Cross, to further facilitate the voluntary return
of refugees to their municipality of origin or to integrate locally
those who wish to stay in Montenegro, in line with the Strategy
for a Permanent Solution to the Issue of Displaced and Internally
Displaced Persons in Montenegro drafted by the Montenegrin authorities;
20.4 further to the revision of the Law on Foreigners, calls
on the Montenegrin authorities to facilitate the granting of a legal
status and of a temporary or permanent residence permit for refugees
and IDPs still living in Montenegro. It expects Montenegro to find
a suitable way to resolve those cases of people facing statelessness
when proper identification documents are no longer available or
cannot be obtained for registration.
21. Referring to the situation of the media, the Assembly:
21.1 remains particularly concerned
about cases of intimidation, pressure and violence exerted against
investigative journalists;
21.2 urges the Montenegrin authorities to investigate and prosecute
all perpetrators of violence against journalists;
21.3 welcomes the amendments to the Penal Code of 22 June 2011,
which resulted in the decriminalisation of defamation, and the guidelines
issued by the Supreme Court regulating the level of pecuniary compensation
in defamation cases against the media; calls for a full implementation
of these guidelines to avoid endangering the viability of the media
concerned; and welcomes the adoption of the Law on Amnesty for the
persons convicted of insult and defamation in June 2012, which should contribute
to a better protection of freedom of speech, in line with the case
law of the European Court of Human Rights. The Assembly encourages
Montenegro to further support a more pluralistic media environment;
21.4 considering the economic sustainability of the media,
calls for transparency in media funding, the reform of the public
broadcasting service and the fulfilment of the privatisation process,
and urges the Montenegrin authorities to take the necessary measures
to this end;
21.5 invites the authorities to ensure the independence of
self-regulation bodies and calls on journalists to enhance professional
ethics.
22. The Assembly invites Montenegro to continue to implement the
recommendations made by the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in
2008, in particular regarding allegations of ill-treatment and conditions
of detention and health-care services in police stations, prisons
and specialised institutions. To this end, the Assembly invites
the Montenegrin authorities to continue to co-operate with and provide
updated data to the CPT.
23. In conclusion, the Assembly underlines that Montenegro has
made substantial progress in fulfilling its remaining obligations
and commitments. The Assembly expects this positive trend to be
continued by the authorities that will govern the country after
the parliamentary elections to be held before the beginning of 2013.
24. The Assembly, while welcoming the efforts made, stresses that
some key steps still need to be taken and encourages Montenegro
to make further progress in some key areas that will remain as the
focus of the monitoring procedure, namely:
24.1 the completion of the reform of the judiciary and the
amendments to the constitution;
24.2 the capacity of the political parties to reach the necessary
compromises and ensure that the rights of all minorities, including
those of LGBT people, are respected and implemented. Special attention
will be paid to the situation of Roma, Ashkali and Egyptian communities;
24.3 the fight against corruption and organised crime and the
strengthening of the monitoring bodies;
24.4 the situation of the media and the working environment
provided to journalists;
24.5 the legal status of, and the search for a durable solution
for, IDPs and refugees based on voluntary return or local integration.
25. Pending progress in the implementation of the above recommendations,
the Assembly resolves to continue the monitoring procedure with
respect to Montenegro.
