Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Montenegro (Ratificación : 2006)

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Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 211 of the Criminal Code of the Republic of Montenegro prohibits the use of a child for the production of pornography or pornographic performances and the sale, exhibition and distribution of pornographic materials involving children. However, the Committee noted that, pursuant to section 142 of the Criminal Code, a child shall be considered as a person who has not reached the age of 14 years. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances should be prohibited for all persons under 18 years of age.

The Committee notes the Government’s statement that it is reviewing the Criminal Code, and that it is taking measures to combat the worst forms of child labour, including pornography. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 November 2010 in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC), expressed concern that a certain degree of impunity exists for child pornography in the country, and at the growing availability of child pornography through the internet and mobile phones (CRC/C/OPSC/MNE/CO/1, paragraph 25). Therefore, the Committee strongly urges the Government to take the necessary measures to ensure that the Criminal Code is amended to prohibit the use, procuring or offering of all persons under 18 years of age for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on mechanisms established to monitor the implementation of the provisions giving effect to Article 3(a)–(c) of the Convention.

The Committee notes the Government’s statement that authorities are taking numerous measures for combating acts related to the abuse of children and youth, including the worst forms of child labour such as prostitution, beggary and pornography. The Committee requests the Government to provide specific information on the concrete steps taken by the relevant authorities (including law enforcement officers) to effectively monitor and combat the worst forms of child labour, particularly trafficking, commercial sexual exploitation and the use of a child for the purpose of begging.

Article 7(1). Penalties. The Committee previously noted that sections 162, 165, 209, 210, 211, 444 and 446 of the Criminal Code of the Republic of Montenegro establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: unlawful deprivation of freedom; coercion; procuring a minor for debauchery; mediation in prostitution; displaying pornographic material and using children for the production of pornography; trafficking in human beings including minors; and submission to slavery and transportation of enslaved persons. The Committee requested the Government to provide information on the practical application of these penalties set forth in the Criminal Code.

The Committee notes the Government’s statement that it is successful in the application of sanctions contained in both labour and criminal legislation. However, observing an absence of specific information on the application of these sanctions, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties applied with regard to the abovementioned sections of the Criminal Code.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that according to section 4 of the Law on Primary Education of Montenegro, primary education shall be free and compulsory for all children between the ages of 6 to 15 years. It also noted that the Government had introduced several educational reforms since 2001, such as the adoption of a comprehensive education reform policy calling for improved quality, access and equality of education.

The Committee notes the Government’s statement that there have been increased activities regarding the inclusion of a broader population of children in the education system. In this regard, the Committee notes the information in the Government’s report to the CRC of 4 March 2010 that the Government has adopted the Strategy on Inclusive Education in Montenegro (2008–12) (CRC/C/MNE/1, paragraph 22). The Government states in this report that, through the reforms undertaken, particular attention has been given to the training of teachers and directors in elementary and secondary schools (CRC/C/MNE/1, paragraph 286). However, the Committee also notes that the CRC, in its concluding observation of 1 October 2010, expresses concern at the hidden expenses resulting from the purchase of textbooks and school accessories, the low quality of education and the lack of data available on education (CRC/C/MNE/CO/1, paragraph 59). The Committee, therefore, once again requests the Government to provide updated statistical information on primary and secondary school attendance and drop-out rates. It also encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates, especially at the secondary level so as to prevent the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that according to a report by the International Organization for Migration (IOM) entitled “Migration Profile of Montenegro, 2007”, Montenegro is primarily a country of transit for foreign victims from south-eastern countries going towards Western Europe, but it is also a country of origin as well as destination, and internal trafficking is increasing. The report further states that only a limited number of victims were identified between 2000 and 2007, but that 70 per cent of these victims were minors.

The Committee notes the information in the Government’s report of 4 March 2010 submitted to the CRC, that the Centre for Social Welfare provides accommodation to child victims of trafficking, which includes secure accommodation and psychological, social, psychiatric treatment. However, the Committee also notes the Government’s indication in this report that, within the territory of Montenegro, there is still no separate shelter for child victims of human trafficking (CRC/C/MNE/1, paragraph 362). In this regard, the Committee notes that the CRC, in its concluding observations of 1 November 2010 concerning the OPSC, expressed concern at the lack of state-run shelters and that child victims of trafficking are placed in institutions for children without parental care or in shelters for adult victims of human trafficking (CRC/C/OPSC/MNE/CO/1, paragraph 37). The Committee requests the Government to strengthen its efforts with regard to providing appropriate support to child victims of trafficking for their rehabilitation and social reintegration. It requests the Government to provide information on the impact of measures taken in this regard, particularly concerning the number of child victims of trafficking who have benefited from appropriate government services.

Clause (d). Identifying and reaching out to children at special risk. Roma, Ashkalia and Egyptian children. The Committee previously noted that according to the UNICEF Report on Education in Montenegro, the estimates by the Monitoring Education of Roma Children 2006 indicated that only 7 per cent of the Roma school-age population had been enrolled in the school system. The Committee noted the implementation of the project “Roma Education Initiative” (REI) and the Action Plan on Integration of Sustainable Development into Educational System 2007–09 which aimed to ensure a sustainable system of teacher training and quality implementation of educational system reform for teachers in schools with Roma, Ashkalia and Egyptian (RAE) children.

The Committee notes the Government statement that despite significant integration of the RAE population into education and a number of projects aimed at increasing the rate of inclusion of such children into the regular system of elementary education, their regularity of enrolment, attendance and completion of elementary education is still unsatisfactory. The Government indicates that larger social problems, including socioeconomic status, cultural context and the lack of personal identification documents of parents remain factors limiting the successful integration of RAE children into the education system. However, the Government indicates that it is making efforts to encourage students not to drop out. It indicates that all non-citizens can enrol in schools if they have regulated temporary or permanent residence. Moreover, the Government states that the Ministry of Education and Sport provides free school books and school accessories until the third grade of elementary school for all Roma children, and free school transport has been organized for several elementary schools.

The Committee takes due note of this information. It notes, however, that the CRC, in its concluding observations of 1 October 2010, expressed concern at the high number of children, predominantly Roma, living and working on the streets (often in begging) and that these children are especially vulnerable to trafficking and economic and sexual exploitation (CRC/C/MNE/CO/1, paragraph 63). It also expressed concern that a large number of Roma, Ashkalia and Egyptian children are still not enrolled in schools, have lower school attendance rates and have higher drop-out rates (CRC/C/MNE/CO/1, paragraph 59). The Committee therefore encourages the Government to pursue its efforts to promote access of Roma, Ashkalia and Egyptian children to education and requests the Government to continue to provide information on the measures taken in this regard. It also requests the Government to redouble its efforts to ensure the protection of Roma children against the worst forms of child labour, particularly trafficking, commercial sexual exploitation and begging.