09/06/2011 Monitoring
Strasbourg, 09.06.2011 – “While we congratulate Montenegro for undertaking many essential reforms and understand that the country is eager to open the negotiations to join the EU, we consider that serious issues still need to be addressed by the authorities if Montenegro is to honour its commitments and obligations to the Council of Europe,” declared Jean-Charles Gardetto (Monaco, EPP/CD) and Serhiy Holovaty (Ukraine, ALDE), co-rapporteurs for the Parliamentary Assembly of the Council of Europe (PACE), following a fact-finding visit to Podgorica from 31 May to 2 June 2011.
"We regret that the parliament failed to adopt the amendments to the electoral law by 31 May 2011 and hence align its legislation to the Montenegrin Constitution and European standards. We urge all political parties to show responsibility, find a compromise and ensure that the new draft takes into account the recommendations of the Venice Commission to be adopted on 17 June 2011,” the co-rapporteurs said.
They welcomed the current drafting of constitutional amendments and changes to laws on the judicial system. “The de-politicisation of the appointment of high-level officials is a pre-condition for an independent judiciary. We therefore encourage the Montenegrin authorities to pursue their co-operation with the Venice Commission and ensure that the final version of these laws fully complies with European standards.”
“We are concerned about the levels of corruption, organised crime, conflicts of interest and discrimination – notably against Roma and LGBT people – which exist in Montenegro, as well as pressure against journalists. All related violations of human rights should be adequately prosecuted and sanctioned. In this respect we welcome the announcement made by the authorities that defamation will soon be decriminalised – which would be a positive step to strengthen freedom of expression.”
“We also encourage the Montenegrin authorities to take all measures to enhance the effective enforcement of national legislation and incorporate into it the case-law of the European Court of Human Rights. We would like to congratulate Montenegro for adopting the Anti-Discrimination Law in July 2010. However this law is not yet operational since no national implementation mechanism has yet been put in place. We therefore strongly invite the Montenegrin parliament to send the draft law on the Ombudsman to the Venice Commission and adopt it rapidly once it has been evaluated by the Commission – so as to ensure that it is consistent with the Anti-Discrimination Law, it complies with European standards and it provides the Ombudsman with the necessary competences and resources. We are also worried about the fate of refugees and displaced persons, who should obtain identification documents and a legal status by November 2011 and thus have effective access to social rights", added the co-rapporteurs.
During their visit, the co-rapporteurs met the Speaker of Parliament, the Deputy Prime Minister and Minister of Justice, the Ministers of the Interior and Public Administration, Human and Minorities Rights, Education and Culture, the State Secretary for Political Affairs, the Montenegrin parliamentary delegation to PACE, representatives of political parties, the judicial authorities, the Ombudsman, representatives of state agencies and the Roma community as well as representatives of international organisations, the diplomatic community, NGOs and the media.
Mr Gardetto and Mr Holovaty were informed that several laws in the field of justice, internal affairs and local self-government should be adopted by the end of the year 2011. They thus intend to pay a second fact-finding visit to the country before submitting their report on Montenegro to the Parliamentary Assembly by mid-2012.