11.1 welcomes the constitutional guarantees of the independence
of the Ombudsperson, as well as the efforts of the authorities aimed
at strengthening the operational capacity of the Ombudsperson’s office,
noting, however, that further improvements to the Law on the Ombudsperson
could be made, in the light of the opinion of the Venice Commission;
11.2 regrets that the constitutional provisions on affirmative
action in favour of minorities have not yet been implemented in
ordinary legislation, and that the 2006 Law on Minority Rights contains
a citizenship-based definition of minority rights;
11.3 regrets that the Law on the Prohibition of Discrimination
has not yet been adopted, while noting that consultations with the
Venice Commission are ongoing;
11.4 regrets that some groups of Montenegrin society, especially
the lesbian, gay, bi-sexual and transgender population (LGBT), are
frequently subjected to discrimination and are targets of intimidation and
physical violence;
11.5 notes that the Montenegrin media sector is diverse and
vibrant, while regretting complaints from journalists about pressure
which is being put on them, which hinders their right to freedom
of expression;
11.6 welcomes the efforts of the Montenegrin authorities to
reform the education system and provide children from the minority
communities with the opportunity to study in their mother tongue
and attend courses dealing with the culture and traditions of their
communities, in the spirit of promoting tolerance and respect for
others;
11.7 welcomes the adoption and implementation of the strategy
for the improvement of the condition of Roma;
11.8 welcomes the efforts of the Montenegrin authorities to
ensure equality between men and women in law, in the family, society
and economy, while noting that the representation of women in politics should
be improved;
11.9 welcomes the co-operation between the Montenegrin authorities
and the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT), the publication of the
most recent CPT report, as well as the efforts of the authorities
to improve conditions of detention;
11.10 welcomes the ratification by Montenegro of the Council
of Europe Convention on Action against Trafficking in Human Beings
(CETS No. 197) and the efforts of the authorities to combat trafficking
in human beings;
11.11 takes note of the adoption of the Law on Citizenship and
invites the Montenegrin authorities to continue negotiations with
neighbouring countries with a view to concluding agreements on dual citizenship;
11.12 regrets that the new Asylum Law does not fully comply
with the requirements of the United Nations Convention relating
to the Status of Refugees;
11.13 closely follows the actions of the Montenegrin authorities
aimed at re-registering displaced persons with a view to negotiating
their sustainable return or ensuring local integration of those
who decide to stay in Montenegro;
11.14 the Assembly therefore calls upon the Montenegrin authorities
to:
11.14.1 take into account the opinion of the Venice Commission
in finalising the Law on the Prohibition of Discrimination and adopt
this law as a matter of urgency;
11.14.2 continue working on the effective implementation of the
constitutional guarantees of minority rights by revising, where
appropriate, the legislation governing these rights;
11.14.3 take all appropriate actions to investigate all allegations
of torture or ill-treatment, in particular allegations made by persons
detained by the police, and to sanction the perpetrators;
11.14.4 investigate all allegations of violence against human
rights defenders, journalists and the LGBT population, provide appropriate
protection to those concerned, including witness protection, before,
during and after proceedings, prosecute and punish the perpetrators
of these offences, and educate the population, in particular the
police and youth, to accept differences;
11.14.5 implement the principles of Assembly
Resolution 1577 (2007) “Towards
the decriminalisation of defamation”, in particular by setting reasonable
and proportionate maxima for awards for damages and interest in
defamation cases so that the viability of a defendant media outlet
is not placed at risk;
11.14.6 fully co-operate with the CPT in the implementation of
its recommendations and establish a national preventive mechanism
for the prevention of torture in accordance with the United Nations
Optional Protocol to the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment of Punishment (OPCAT);
11.14.7 pursue educational reform in order to teach tolerance
and respect for others in schools;
11.14.8 pursue the implementation of the strategy for the improvement
of the condition of Roma;
11.14.9 revise citizenship and asylum legislation, in the light
of the requirements of the United Nations Convention relating to
the Status of Refugees;
11.14.10 continue working on improving the situation of refugees
and displaced persons by removing all discriminatory provisions
in the fields of labour, education, access to property rights, legal
redress and access to citizenship and health services; continue
negotiations with Montenegro’s neighbours with a view to ensuring
the sustainable return of displaced persons or providing local integration
to those who decide to stay in Montenegro;
11.14.11 continue combating trafficking in human beings.
