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Resolution 2030 (2015) Final version
The honouring of obligations and commitments by Montenegro
1. In June 2012, the Parliamentary
Assembly adopted Resolution
1890 (2012) on the honouring of obligations and commitments
by Montenegro, deciding to pursue the monitoring procedure while
encouraging Montenegro to make progress on five “key issues”, namely
the independence of the judiciary, the situation of the media, the
fight against corruption and organised crime, the rights of minorities
and the fight against discrimination, and the situation of refugees
and internally displaced persons (IDPs).
2. Since then, Montenegro has continued to play a positive role
in the stabilisation of the region and to be a reliable and constructive
partner, involved in several regional and multilateral initiatives.
There has been excellent co-operation between the Montenegrin authorities
and the Council of Europe, especially the European Commission for
Democracy through Law (Venice Commission), which has adopted many
opinions on essential legislation since 2012. The Assembly in particular
congratulates Montenegro on the ratification of the Council of Europe
Convention on Preventing and Combating Violence against Women and
Domestic Violence (CETS No. 210, “Istanbul Convention”) on 22 April
2013, bringing the number of conventions ratified by this country
to 87.
3. The Assembly notes that there is in Montenegro a strong consensus
on integration into the European Union, which has been a driving
force behind the acceleration of the reform process. In particular,
the opening of Chapters 23 and 24 of the accession negotiations
in December 2014 should further boost the reforms launched in the
fields of justice, human rights and fundamental freedoms. The Assembly
welcomes the fruitful co-operation established between the Council
of Europe and the European Union to improve democratic standards
in Montenegro. It trusts that Montenegro’s efforts towards European
integration will also contribute to consolidating the fulfilment
of its statutory obligations towards the Council of Europe.
4. The Assembly believes that policies focusing on democratic
standards, consolidation of the rule of law, enhanced transparency
and accountability of public institutions and equitable representation
of minorities could help Montenegro overcome the polarisation which
exists along political and ethnic lines in all spheres of society and
which impedes the country’s development.
5. Further to the disputed 2012 parliamentary elections and 2013
presidential election, the Assembly believes that building trust
in the electoral processes has become even more necessary to ensure
political stability and fair elections. The Assembly welcomed the
setting up of a parliamentary working group on building trust in
the election process in May 2013, which led to the adoption, in
February 2014, of the Law on the Voter Register, the Law on Amendments
to the Law on Identity Cards and the Law on Local Self-Government,
and the adoption, in December 2014, of the Law on Amendments to
the Law on Financing of Political Parties and Electoral Campaigns.
6. In the light of the recent developments, the Assembly has
assessed progress made in the five key areas identified in 2012.
7. As regards the independence of the judiciary, the Assembly:
7.1. welcomes the adoption of the
constitutional amendments on the judiciary of July 2013, which introduced
qualified majorities for the election of judges to the Constitutional
Court, of the Supreme State Prosecutor and of members of the Judicial
Council, whilst also introducing anti-deadlock mechanisms;
7.2. expects the Montenegrin authorities to adopt the necessary
laws on the courts, the rights and duties of judges, the Judicial
Council, the Constitutional Court and the Public Prosecution Office,
taking into account all the recommendations of the Venice Commission;
7.3. welcomes the election of the Supreme State Prosecutor
in November 2014, in line with the constitutional amendments of
July 2013.
8. As regards the situation of the media, the Assembly:
8.1. welcomes the setting up, in
December 2013, of the Commission for Monitoring the Actions of the Competent
Authorities in the Investigation of Cases of Threats and Violence
Against Journalists, Assassinations of Journalists and Attacks on
Media Property, which could make a useful and much-needed contribution
to resolving the 12 cases of attacks and murders of journalists
it has been dealing with. It also welcomes the fact that two of
these cases have been solved thanks to enhanced co-operation between
the State Prosecutor's Office, the police and the National Security
Agency;
8.2. urges the Montenegrin authorities to ensure, notably through
appropriate funding, that the self-regulation bodies, in particular
the Media Council for Self-Regulation and the Self-Regulatory Council
for Local Press and Periodicals, have the capacity to perform their
professional tasks;
8.3. welcomes the decriminalisation of defamation in 2012;
8.4. is, however, concerned about repeated breaches of the
law by one specific media outlet that undermines human dignity;
it urges the Montenegrin authorities not to condone such abuse of
the freedom of the media and to take all necessary steps to ensure
full respect of the law and the enforcement of court decisions.
9. As regards the fight against corruption and organised crime,
the Assembly:
9.1. believes that,
despite the many policies launched to root out corruption, it remains
widespread and should be further tackled;
9.2. takes note of the plan to establish an agency for the
prevention of corruption as of 2016 and urges the authorities to
provide all the necessary means to enable this agency to properly
conduct its essential duties, which include control of the financing
of political parties and election campaigns, the handling of whistle-blower
complaints and whistle-blower protection, as well as the application
of the law on lobbying;
9.3. highlights in this respect the role of public scrutiny
to detect and denounce acts of corruption, and the need to ensure
the protection of whistle-blowers and investigative journalists
active in this field;
9.4. expects the draft law on the Special Prosecutor on Corruption
and Organised Crime to provide all necessary means to the Special
Prosecutor to handle high-level corruption cases and war crimes cases
and conduct his/her work fully independently and proactively;
9.5. encourages Montenegro to further adopt and implement a
number of laws that could improve the fight against corruption,
including a law on confiscation of assets acquired from criminal
activity;
9.6. stresses the active role that the parliament and its Anti-Corruption
Committee can play in fighting corruption, and invites the Montenegrin
Parliament to participate actively in the recently created Parliamentary
Assembly anti-corruption platform in order to draw inspiration from
good practices developed in other member States.
10. As regards the rights of minorities and the fight against
discrimination, the Assembly:
10.1. welcomes
the adoption of the amendments to the Anti-Discrimination Law in
March 2014, and to the Law on the Protector of Human Rights and
Freedoms (Ombudsman) of Montenegro in July 2014. The Assembly notes
that the Ombudsman will now act as the mechanism for the prevention
of torture under the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
of the United Nations and the mechanism for protection against discrimination under
the Convention on the Elimination of All Forms of Racial Discrimination.
It calls on the Montenegrin authorities to ensure that the Ombudsman
has all the necessary financial and human resources to carry out
his/her mandate in an effective and independent manner;
10.2. expects the speedy adoption of amendments to the Law on
Minority Rights and Freedoms and the adoption of the Law on Religious
Communities;
10.3. invites the Montenegrin authorities to further implement
the strategy for improving the position of Roma and Egyptians in
Montenegro and to continue to put great emphasis on education for
Roma children;
10.4. congratulates the Montenegrin authorities on ensuring
the peaceful organisation of three “Pride Parades” in 2013 and 2014
under police protection, with the support and the participation
of high-level officials;
10.5. welcomes the comprehensive strategy and action plan launched
by the authorities to combat discrimination, including that based
on sexual orientation, and acknowledges the political will demonstrated
by the authorities to make progress in this area;
10.6. notes, however, that discrimination against lesbian, gay,
bisexual and transgender people (LGBTs) remains widespread in traditional
Montenegrin society. It encourages the Montenegrin authorities to
further conduct awareness-raising activities to change mentalities
and train the law-enforcement agencies, in particular the prosecution
office, the police and magistrates, to take all the necessary measures
to prosecute and punish any discriminatory acts or behaviour and
hate speech;
10.7. encourages the Montenegrin authorities to promote equality
and inclusion for people with disabilities and to ensure that the
fund for the professional rehabilitation and employment of people
with disabilities be exclusively used for disabled persons, in line
with the law.
11. As regards the situation of refugees and internally displaced
persons, the Assembly:
11.1. reiterates
its appreciation of the efforts made by the Montenegrin authorities
to accommodate thousands of refugees and IDPs in the 1990s. It praises
the commitment of the authorities, notably with the adoption of
the 2011 Law on Foreigners, to either integrate refugees and IDPs
by granting them the status of foreigner with permanent or temporary
residence, or facilitate their voluntary return to their place of
origin;
11.2. welcomes the fact that over 70% of the 16 000 IDPs and
refugees still registered in Montenegro have applied for a legal
status, and encourages the Montenegrin authorities, with the support
of the Office of the United Nations High Commissioner for Refugees
(UNHCR) and neighbouring authorities, to further facilitate the
submission of applications and attainment of legal status. The Assembly
remains confident that the Montenegrin authorities will find a legal
solution for refugees and IDPs without legal status after the expiration
of the 31 December 2014 deadline;
11.3. notes that the Montenegrin authorities remain committed
to solving this issue through a number of social mechanisms. The
Assembly is aware that the registration of some IDPs remains a challenge, but
it is confident that the Montenegrin authorities, together with
the neighbouring authorities, will find the means and legal solutions
to solve the remaining pending cases;
11.4. pays special tribute to the work carried out by the UNHCR
and the Red Cross and the invaluable legal and humanitarian assistance
provided to the IDPs and refugees, in particular in the Konik camps. It
welcomes the continuation of the Regional Housing Programme and
the support of the Council of Europe Development Bank to promote
durable housing solutions. It urges the Montenegrin authorities to
remain committed to this remarkable regional initiative, which is
a contribution to the post-Yugoslav conflict stabilisation and reconciliation
process;
11.5. welcomes the ratification of the 1961 United Nations Convention
for the Reduction of Statelessness by Montenegro in October 2013
and encourages the Montenegrin authorities to avoid any situation
that could expose people living in Montenegro to statelessness.
12. The Assembly stresses the importance of the implementation
of adopted legislation to fulfil the obligations towards the Council
of Europe. It will therefore closely follow how the authorities
in Montenegro enforce and implement the adopted legislation.
13. In the light of the progress made since the adoption of Resolution 1890 (2012) in
the five key areas then identified by the Assembly, it decides to
close the monitoring procedure and to engage in a post-monitoring dialogue.
This dialogue could be concluded by the end of 2017 if Montenegro
fulfils the following requirements, which the Assembly deems necessary
for Montenegro to honour its obligations and commitments to the Council
of Europe, namely:
13.1. as regards
the independence of the judiciary:
13.1.1. fully implement
the constitutional amendments related to the judiciary adopted in
July 2013 and adopt the laws on the courts, the rights and duties
of judges, the Judicial Council, the Constitutional Court and the
State Prosecution Office, in full compliance with the relevant recommendations
of the Venice Commission adopted in December 2014;
13.1.2. provide ongoing professional training to, and enhance
the co-ordination between, the prosecution, the police and the judiciary,
so as to ensure effective and professionally administered justice;
13.1.3. strengthen the position and the means of the newly elected
Supreme State Prosecutor, who must be held accountable for bringing
to court cases motivated by sound and reasoned indictments;
13.2. as regards trust in the electoral process:
13.2.1. implement
the Law on the Funding of Political Parties and Electoral Campaigns, including
regulations on the use of administrative resources during electoral
campaigns;
13.2.2. finalise the establishment, and ensure the correct use
of, electronic voter lists in future elections;
13.2.3. take measures to fully involve local authorities and local
political leaders in building trust in the electoral process at
local level;
13.2.4. adopt legislation that facilitates the recognition of
Montenegrin citizenship according to Resolution 1989 (2014) on access
to nationality and the effective implementation of the European Convention
on Nationality;
13.2.5. address the remaining issues highlighted in the recommendations
from the OSCE’s Office for Democratic Institutions and Human Rights
and the Venice Commission, such as reducing the constitutional two-year
residency requirement to six months, the same as for local elections,
before citizens can obtain the right to vote;
13.3. as regards the fight against corruption:
13.3.1. implement
the Law on the Prevention of Corruption and the Law on the Prevention
of Conflict of Interest; entrust to the future Agency for the Prevention
of Corruption the implementation of efficient preventive policies
and give it all necessary means to properly control the funding
of political parties and electoral campaigns;
13.3.2. adopt the Law on the Special Prosecutor on Corruption
and Organised Crime, provide this office with the necessary human
and financial resources and ensure co-ordination with the other
bodies active in the field of corruption, so as to duly and diligently
prosecute cases of corruption as soon as possible;
13.3.3. establish a record of high-level cases, ensure the full
implementation of the law and enable courts to reach final decisions;
13.3.4. further implement the recommendations made by the Group
of States against Corruption (GRECO) related to the third and fourth
evaluation rounds focusing on incrimination, funding of political
parties, parliamentarians and the judiciary;
13.4. as regards the situation of the media:
13.4.1. refrain
from condoning any abuse of freedom of the media and of expression,
adopt legislation to punish attacks on human dignity in the media,
and ensure that court decisions are duly enforced;
13.4.2. ensure that the Commission for Monitoring the Actions
of the Competent Authorities in the Investigation of Cases of Threats
and Violence Against Journalists, Assassinations of Journalists
and Attacks on Media Property has full access to data and that all
public bodies reply at the earliest opportunity to all information
requests made by the commission in order to solve the 10 remaining
cases of attacks, threats and murders of journalists that it is
dealing with;
13.4.3. promote the effective work of the media’s self-regulatory
bodies and actively encourage ethical journalism and better professional
standards.
14. Should the Montenegrin authorities fail to meet the above-mentioned
commitments by the end of 2017, the Assembly expects its Monitoring
Committee to consider whether Montenegro should be returned to the
full monitoring procedure.