| Click here for a summary of Montenegro’s review at the second cycle and/or the third cycle. |
3rd UPR session
Date of review: 3 December 2008
Date of report adoption: 6 January 2009
Document number: A/HRC/10/74
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SUMMARY SOGIESC issues during Montenegro’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
10. Regarding the LGBT population, ASZ [Aleksandar Saša Zeković] highlighted that no attention is dedicated to their status and rights nor have any notable measures been taken in order to create a more tolerant and safe environment for their life, work and action. No individuals or groups are publicly declaring themselves as members of the LGBT community. According to ASZ, family law defines both marital and extramarital union as a union of a man and woman, which means that couples of the same sex cannot have a right to alimony and other rights which are granted to members of extramarital union. SRI [Sexual Rights Initiative] recommended including explicit mention of sexual orientation as a protected category against discrimination in the existing laws on Labour and Employment, and the legislation on hate speech and hate crimes.
Right to life, liberty and security of the person
13. Regarding the protection of rights of the LGBT population, ASZ referred to cases of torture, threats and physical assaults towards some NGO activists. SRI reported on human rights violations perpetrated by the police against gay individuals and stated that that cases have been registered in which members of the police have on several occasions used the term “faggot” to abuse prisoners, including in cases of serious torture. In other cases, prisoners have been threatened with being left at the mercy of “faggots” if they did not confess to a particular crime that the police wanted them to.
Right to education and to participate in the cultural life of the community
42. SRI noted that the introduction of “civic education” lessons in primary and secondary schools two years ago significantly contributes to developing a society which cherishes a culture of human rights. However, SRI considers that even though significant attention is paid to minorities, tolerance, solidarity and gender equality in the curriculum and textbooks, the status and promotion of the rights of sexual minorities is not addressed at all. On the other side, civil society has developed several alternative and very successful educational programmes on human and minority rights that include references to LGBT rights.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
37. Canada believed that an inclusive democracy is one which respects the rights of all citizens, regardless of their sexual orientation. Canada recommended that Montenegro include explicit reference to sexual orientation as a protected category against discrimination in the existing laws on labour and employment, as well as in the legislation on hate speech and hate crimes.
38. Slovenia recommended that the new legislation contain comprehensive anti-discrimination measures, including on sexual orientation and gender identity. While commending that the new labour law specifically prohibits employment discrimination based on gender, Slovenia expressed the hope for the inclusion of a provision prohibiting discrimination based on sexual orientation or gender identity and recommended that legislative provisions be accompanied by awareness-raising measures to counter existing societal stigmatization in this respect.
43. The delegation noted that, while equality before the law and prohibition of direct and indirect discrimination are regulated by a set of laws, the Government wants to develop and adopt before the end of 2008 an anti-discriminatory general law. The delegation noted that the law gives a clear definition of discrimination, forms and fields of discrimination, including sexual orientation and gender identity. The draft law envisions setting up a body to monitor discrimination on all grounds.
48. The Czech Republic […] delegation recommended the introduction of specific education programmes and awarene ssraising training for all relevant judicial and police personnel aimed specifically at the protection of the human rights of non-governmental organization activists and members of minorities, including national minorities and persons of minority sexual orientation and gender identity.
V. Conclusions and/or recommendations
Montenegro accepted the following recommendations:
66.6 Include in the draft legislation on the prohibition of discrimination comprehensive anti-discrimination measures, including on sexual orientation and gender identity (Slovenia);
66.8 Include explicit references to sexual orientation as a protected category against discrimination in the existing laws on labour and employment as well as in the legislation on hate speech and hate crimes (Canada);
66.11 Introduce specific education programmes and sensitivity trainings for all relevant judiciary and police personnel aimed specifically at the protection of human rights of non-governmental organization activists and members of minorities, including national minorities and persons of minority sexual orientation and gender identity (Czech Republic).
VI. Further information
You will find all documents relating to Montenegro’s first review at UPR-Info and OHCHR’s websites.