CERD/C/MNE/1

page 1

UNITED
NATIONS / CERD
/ International Convention on
the Elimination
of all Forms of
Racial Discrimination / Distr.
GENERAL
CERD/C/MNE/1
7 November 2008
Original: ENGLISH

COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION

REPORTS SUBMITTED BY STATES PARTIES UNDERARTICLE 9OF THE CONVENTION

Initial periodic report of States parties due in 2007

Addendum

MONTENEGRO[*] [**]

[6 December 2007]

CONTENTS

Paragraphs Page

IMPLEMENTATIONOF THE CONVENTION: ARTICLES 2 TO 7 .... 1 - 1143

Article 2 ...... 1 - 353

Article 3...... 36 10

Article 4 ...... 37 - 4210

Article 5 ...... 43 - 10911

Article 6 ...... 110 - 11227

Article 7 ...... 113 - 11428

IMPLEMENTATION OF THE CONVENTION: ARTICLES 2 TO 7

Article 2

Legal and administrative measures

1.According to article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the Republic of Montenegro prepared an initial report on Convention implementation. The report includes the period since the year 2002, concerning the fact that the State Union of Serbia and Montenegro submitted its first State report. The report covers legal, judicial and political circumstances in the observed period.

2.At the time of writing this report, the process of adopting the new Constitution of Montenegro was in a parliamentary procedure. Concerning the terms for submitting this report, the regulations of the Constitution of the Republic of Montenegro from 1992 are used.

3.Pursuant to the Constitution of Montenegro and its legislation, articles 15, 16, 17 and 18 of the “Freedoms and Rights” section of the Constitution read that “allcitizens are free and equal regardless of their of any particularities and/or other personal attributes”(art. 15); “everyone is entitled to an equal protection of his freedoms and rights in the procedure prescribed by law” (art. 17); and “everyone shall have the right to legal assistance” (art. 18). Article 16 of the Constitution provides that these rights and freedoms are inviolable. Also, according to the Constitution of the Republic of Montenegro, a special section, “Special rights of the members of national and ethnic groups”, regulates the position, rights and freedoms of national and ethnic groups. Under article 67 of the Constitution, the members of national and ethnic groups are guaranteed “protection of the national, ethnic, cultural, language and religious identity” according to the international norms for protection of human and civil rights. Persons belonging to national and ethnic groups have the right to use their languages and scripts, the right to education and the right to receive information on their languages” (art. 68) and “usage of their language in procedure before the State bodies” (art. 72). It also provided the right to “found educational, cultural and religious societies, with material support of the State” (art. 69). TheConstitution also provides for them “to be proportionally represented in public services, State bodies and local self-administrations” (art. 73). In order to preserve and protect the national, ethnic, cultural, language and religious identity of minorities and to realize their rights established with the Constitution - in Montenegro is formed the Republic Council for Protection of Rights of National and Ethnic Groups. This body is chaired by the President of the Republic”. (art. 76).

4.The last census of population, households and housing was taken in the period from 1 to15November 2003. As opposed to the previous censuses according to which the permanent population included Montenegrin citizens temporarily working abroad with their family members (regardless of the stay period), the 2003 Census included as permanent citizens only those Montenegrin citizens who stayed less than a year abroad, pursuant to the international recommendations and the Law on the Census. Data on the national structure of the population have been collected according to the free self-declaration of the citizens. It should be kept in mind that the Census was conducted in the period of grown political tensions, while the results reflected the corresponding political situation, i.e. political self-declaration. This was clearly expressed in the comparative analyses results of the 1991 and 2003 Census.

Table 1

Population structure according to national origins(comparative results 1991-2003)

Nationalorigins / Number ofmembers1991 / Percentageshare1991 / Number ofmembers2003 / Percentage share2003
Montenegrin / 380 467 / 61.86 / 267 669 / 43.16
Serbian / 57 453 / 9.34 / 198 414 / 31.99
Yugoslav / 26 159 / 4.24 / 1 860 / 0.30
Albanian / 40 415 / 6.57 / 31 163 / 5.03
Bosniaks / - / - / 48 184 / 7.77
Egyptian / - / - / 225 / 0.04
Italian / 58 / 0.01 / 127 / 0.02
Macedonian / 1 072 / 0.17 / 819 / 0.13
Hungarian / 205 / 0.04 / 362 / 0.06
Muslim / 89 614 / 28.4 / 24 625 / 3.97
German / 124 / 0.02 / 118 / 0.02
Romani / 3 282 / 0.53 / 2 601 / 0.42
Russian / 118 / 0.02 / 240 / 0.04
Slovenian / 369 / 0.06 / 415 / 0.07
Croatian / 6 244 / 1.02 / 6 811 / 1.10
Other / 1 001 / 0.16 / 2 180 / 0.35
Not declared / 943 / 0.15 / 26 906 / 434
Regional belonging / 998 / 0.16 / 1 258 / 0.20
Unknown / 6 076 / 0.99 / 6 168 / 0.99
Total / 315 035 / 100 per cent / 620 145 / 100 per cent

Table 2

Population structure by religion

Religion / Number ofmembers / Percentage share
Islamic / 110 034 / 17.74
Judaic / 12 / 0.002
Catholic / 21972 / 3.54
Orthodox / 460 383 / 74.28
Protestant / 383 / 0.06
Pro-oriental cults / 58 / 0.009
Other confessions / 2 424 / 0.39
Not declared / 13 867 / 2.24
Atheist / 6 003 / 0.97
Unknown / 5 009 / 0.81
Total / 620 145 / 100 per cent

5.A special law on prohibition of discrimination does not exist in the legal system of the Republic of Montenegro. In the legal system of Montenegro, discrimination is made illegal underthe criminal laws. The Criminal Code of the Republic of Montenegro was adopted in November 2003.

6.The Criminal Code contains several provisions under which is incriminated every instance of dissemination of ideas based on racial superiority or hatred, as well as of inciting racial discrimination and acts of violence motivated by racism(see the detailed review of the respective articles of the CC in the following text).

7.Beside these rights and freedoms established under the Constitution of Montenegro, language specificity and diversity of the persons belonging to national and ethnic groups (Albanian) is realized through the educational system (teaching in the Albanian language), receiving information (radio, TV broadcasts, written media), two-language signs in the municipalities where national minorities constitute the majority of the population, etc.

8.Bearing in mind that the Constitution does not strictly define the status of national and ethnic groups as a collectivity, the Ministry for human and minority rights protection initiated thecreation of the law on minorities’ rights and freedoms, that was adopted in 2006. In addition, every indirect and direct kind of discrimination is prohibited by this Law in any form which includes also discrimination on the basis of race, colour, gender, national belonging, social origin,birth or any status related to it, religion, political or any other persuasion, financial standing, culture, language, age or psychological and physical disability.

9.Pursuant to the Law on electingcouncillors and members of parliament positive discriminationwas enactedfor the majority of Albanian citizens. This created special polling units, reduced the elective census and prescribed that Albanian parties shall have five places in the Parliament of the Republic of Montenegro.

10.The Labour Law provides that employees are equal in their labour-related rightsregardless their national belonging, race, gender, language, religion, political or otherpersuasion, financial standing and other personal characteristics.

11.The Law on child and social care prescribed that, in realizing the rights of social and childcare, all citizens are equal, regardless their national belonging, race, gender, language, religion, political or any other persuasion, education, social origin, financial standing and other personal characteristic.

12.The Law on Health Care provides that, in their right to obtain health protection, citizens are equal regardless their national belonging, race, gender, age, language, religion, education, social origin, financial standing, and other personal characteristics.

13.The Law on Gender Equality is one of the laws in the group of anti-discrimination laws, which provides the way of realizing the Constitutionally guaranteed right to equal rights and obligations of all citizens, regardless any personal characteristics or gender. The Law was adopted in the Parliament of the Republic of Montenegro on 24 July 2007 and issued in the Official Gazette of the Republic of Montenegro, No. 46/07.

14.The Law on Broadcasting, adopted in 2002 (Official Gazette of the Republic of Montenegro, No. 51/02), established the measures related to the protection of the minorities’ rights. The Broadcasting Agency, as an independent regulatory body, gives the public authorizations in accordance with this Law. The Agency is legally separated and independent from the State bodies and all legal and physical persons who performproduction and broadcasting of the radio and television programmes or objects associated to them. The founder of the Agency is the Republic. The rights of the founder, on behalf of the Republic, are in accordance with the Law.

15.According to the article 37 of the above-mentioned Law, the Agency issues the authorization for broadcasting and emission of broadcasting signals on the basis of the public tender, in accordance with this Law. In accordance with the strategy of broadcasting development, the Agency is obliged to place public tender, on the basis of the plan of allotment of broadcasting frequencies and the possibility for the issuance of new authorization for transmission of broadcasting signals.Additionally, public tender inevitably contains also non-discriminatory, objective and appreciable criteria of deciding (programme structure, percentage of the population in desired service zone for which is necessary to provide quality reception of the programme broadcast, presence of the programme contents in minorities languages, etc.).

16.The broadcasters are responsible for the content of the programme in accordance with this Law on Media. They are obliged to:

  • Truthfully, completely, in a timely fashion and objectively inform the public on actual events of public interest happening within the country and abroad
  • Contribute to the respect and promotion of the elementary human rights and freedoms, democratic values and institutions, pluralism of ideas; enhancement of the culture of public dialogue and respect language standards
  • Respect the privacy and dignity of the citizens

17.Article 95 of the Law prescribes that, for the general interest in the sphere of information and broadcasting, the public broadcasting service shall produce programmes relevant for all segments of society, without discrimination, and regard shall be had for specific social groups such as children and youngsters, national and ethnic minorities, the handicapped, those socially and health jeopardized, etc.; it shall produce programmes that express the cultural identity of the nation, national and ethnic groups; produce programmes in the mother tongue of the national and ethnic groups in the locations where they live. According to the article 96, it is established that in programmes of the public broadcasting service, no religious propaganda is allowed.

18.The Law on Public Broadcasting Services, “Radio Montenegro” and “Television of Montenegro” (arts. 7 and 8), in accordance with the Law on Broadcasting, regulates the obligation of the Republic’s public broadcasting services to produce various programme contents (informative, cultural, artistic, educational, scientific, entertaining, sports, programmes forchildren, etc.), to prevent undue media concentration, with an obligation to meet the public interest at the national and local level. Editorial independence and programme autonomy of State broadcaster Radio and Television of Montenegro (RTCG) is guaranteed by this Law, in terms of the time, manner and contents of its broadcasts.

19.Radio and Television of Montenegro, the two broadcasting services within RTCG, have an obligation to respect professional ethic codes and standards and programme guidelines adopted by the Council of RTCG, and similar to all other media in the country, they have an obligation to truthfully, completely, in a timely fashion and objectively inform the public on actual events of public interest happening within the country and abroad, and to contribute to the respect and promotion of elementary human rights and freedoms, democratic values and institutions, pluralism of ideas, enhancement of culture of public dialogue and respect of language standards, as well as the privacy and dignity of the citizens.

20.Local self-government units have a legal obligation to provide the funds for realizing the rights for receiving information in languages of the minorities in programs of the local broadcasting service (art. 100 of the Law).

21.According to the Law on Media of the Republic of Montenegro (adopted in 2002, and issued in the Official Gazette of the Republic of Montenegro, No. 51/02), with the article 23 is forbidden the publishing of information and opinions that instigate discrimination, hatred or violence against persons or a group of persons because of their belonging or not belonging to a certain race, nation, ethnic group, gender or sexual preference” (more about this Law in text of the article 5).

22.Provisions on non-discrimination are applied as well to foreigners who reside in the territory of the Republic of Montenegro. Thus, referring to health care, with the decision on conditions for realizing health care and other rights for foreigners who have permanent residenceon the territory of the Republic, and who do not have health protection on any basis (Official Gazette of the Republic of Montenegro, No. 2/91), article 2 stipulates that foreigners who are educated or do their professional specialization in Montenegro, as well as members of their families who live with them, and foreigners who have residence but who do not have health protection on any basis and members of their families who have residence in the Republic, exercise the right to health protection and to other rights of health insurance in the same degree as members of the family of taxpayer-citizen of Montenegro.

23.On the international level, Montenegro became a State party to the Framework Conventionfor the Protection of National Minorities and the European Charter for Regional and Minority Languages in 2006.

Bodies responsible for execution of the policy against discrimination

24.As a product of step taken and the basic tendencies contained in the “Agreement on Minimum Principles for Democratic Infrastructure Development in Montenegro” of 1997, the next year, after extraordinary parliamentary elections and the creation of the new Government, the Ministry for Protection of the Rights of National and Ethnic Groupswas established. A reorganization of the Government of Montenegro in 2006 changed the name of this Ministry to the Ministry for Human and Minority Rights Protection. This governmental department aims to protect and preserve rights of persons belonging to national and ethnic groups according to the Constitution and international documents that relate to the same issues, and in accordance with the democratic goals to which Montenegro strives.

25.Bearing in mind its programme orientation, this Ministry works on the realization of its basic strategic goals. The basis for that strategy is full integration of the minority population in social life along with further preservation and development of their national and cultural specificity, and improvement of their legal rights and freedoms. This is realized through permanent communication by the Ministry with representatives of all minorities, political entities, non-governmental organizations, various institutions and by cooperative relations with the relevant international organizations and institutions in charge of human and minority rights protection.

26.Besides the Ministry for Human and Minorities Rights Protection, in Montenegro there are established the Republic Council for Protection of Rights of National and EthnicGroups (chaired by the President of the Republic) as well as the permanent body in the Parliament of the Republic of Montenegro, the Council for Human Rights and Freedoms.

27.Montenegro has a series of particularly active and respectable non-governmentalorganizations and associations that tackle the issue of minority rights protection and improvement of the status of minority communities within society.

28.The Protector of Human Rights and Freedomsin the Republic of Montenegro is anindependent institution that:

  • Protects human rights and freedoms guaranteed by the Constitution, Law, ratified international agreements on human rights and generally acceptedinternational law regulations, in case of their violation by an act, action or inactivity of the State bodies, local self-administrative bodies and public services and other holders of public authorizations
  • Deals with general issues of importance for the protection and improvement of human rights and freedoms and brings about cooperation with appropriate organizations that deal with human rights and freedoms
  • Acts regarding legal proceeding and only in case of filibustering, obvious misuse of process power and indirect contempt
  • Takes initiatives for change and amendment of certain regulations, especially for the sake of their conformity with internationally recognized standards in the sphere of human rights and freedoms
  • Delivers its opinion on draft bills, other regulations and general acts if it is necessary for the protection and improvement of human rights and freedoms
  • Undertakes proceedings before the Constitutional Court of the Republic of Montenegro for evaluation of the constitutionality and legitimacy of regulationsand general acts that relate to the human rights and freedoms
  • Delivers opinions on the protection and improvement of human rights and freedoms,and upon request the bodies that decide on those rights, regardless of the type or level of the pendent legal proceeding before that body

29.Beside these powers, the Protector has a far broader mission, such as awareness-raising about the complete and consistent provision of the principles of the rule of law and, generally, creating legitimate security of the citizens and returning their trust in the institutions of the system and the legitimate and objective performance of the State bodies before citizens realize their rights, freedoms, obligations and legal interests. Concretely, it means that the performance and action of the Protector of human rights and freedoms should contribute to a fuller realization of the constitutionally established principles of constitutionality and legitimacy, as well as the principles of justice and equity.

30.The institution of the Protector has several crucial features and characteristics. It is special body elected by the parliament, a body that in no way interferes in the existing system of controlling the work of bodies and public services, but only in supplementing it. It is neither a substitute nor competition for any existing institution. It neither takes over any of their functions nor disturbs established balance of legitimate, executive and judiciary power. It does not have the power to change or abolish the acts of the bodies, nor to punish anyone for illegal or wrong performance, but only to criticize acts and actions, i.e. procedures of the bodies, to indicate their limitations and initiate punishment of the perpetrator. The competence and action of the Protector is that of securing the performance of the duties of officials and bodies of the public administration and judicial administration in a legal, conscientious, objective, fast and quality way. Its activities are expressed in form of references, indications, opinions delivered, suggestions, initiatives, etc. of an internal and public character, which do not have obligatory legal character and legal effect, i.e. they are directed to the illegal influence on the institutions of public administration for protection of rights and freedoms of everything that involves the concept “poor performance of the public administration duties”.