| Click here for a summary of Montenegro’s review at the first cycle and/or the second cycle. |
29th UPR session
Date of review: 22 January 2018
Date of report adoption: 29 June 2018
Document number: A/HRC/38/13
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SUMMARY SOGIESC issues during Montenegro’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
6. The Ombudsman stated that Montenegro’s legislative framework was largely in compliance with anti-discrimination standards contained in international treaties ratified by Montenegro and EU directives. CoE-Commissioner noted that the 2014 Law on Amendments of the Law on Prohibition of Discrimination introduced a new concept of direct and indirect discrimination and a definition of hate speech in line with European standards. He also observed that a legislative amendment of the Criminal Code of Montenegro in 2013 provided that the courts would consider it an aggravating circumstance if a criminal offence was committed out of hatred on the grounds of race, religion, national or ethnic origin, gender, sexual orientation or gender identity. The Ombudsman considered crucial to similarly amend misdemeanour provisions and to remove existing deficiencies in relation to the detection and prosecution of hate speech and hate crimes.
7. While recognising a number of legislative improvements, AI noted a number of measures that threatened Montenegro’s already weak anti-discrimination architecture, such as the abolishment of the Anti-Discrimination Council, the dismissal of the Prime Minister’s human rights adviser, and a reported decline in support for measures to guarantee LGBTI rights.
10. The Ombudsman reported that the LGBTIQ population was still exposed to the risk of various forms of violation of their rights, including violence. CoE noted that the CoE Commissioner, while commending Montenegro for its measures to improve human rights of LGBTI persons, urged the authorities to continue their efforts to combat homophobia and transphobia, including through systematic awareness-raising and educational activities, and called on them to effectively investigate all reported cases of violence against LGBTI persons.
Right to life, liberty and security of person
20. CoE reported that the CoE-Commissioner called on the authorities to effectively investigate all reported cases of violence against LGBTI persons and ensure accountability before the law.
II. Excerpts on SOGIESC issues from the national report
Progress in realizing and protecting human rights – implementation of recommendations, achieved results, activities and challenges
13. The human rights strategies have been continuously implemented in line with the accompanying action plans (APs), with special focus on the most vulnerable groups. The annual reports on strategies’ implementation are available on the Government’s official webpage. Within the reporting period the following strategies are being realized: Strategy for Improving Quality of Life of LGBT 2013-2018, AP for Achieving Gender Equality (APAGE) 2013-2017 and 2017-2021, Strategy for Improving the RAE (Roma, Ashkaelia and Egyptians) Population Position 2012-2016, Strategy on Social Inclusion of RAE 2016- 2020, Inclusive Education Strategy 2014-2018, Strategy for Integration of Persons with Disabilities 2008-2016, Strategy for Protecting Persons with disabilities from Discrimination and Promoting of Equality 2017-2021, …
Fight against discrimination (117.19–117.27, 117.11)
46. In line with the recommendations, the legal anti-discrimination framework was improved. Through the amendments of the Anti-Discrimination Law from 2014 its application was expanded to public and private sector; a norm dealing with hate speech was introduced and the authorities of the Protector as an institutional mechanism for the protection against discrimination were precisely specified. The amendments of the Law from 2017 introduced new grounds of discrimination (reassignment of gender and intersexual characteristics); norms were improved regulating discrimination in the access to goods, merchandise and services, upbringing, education and expert qualifications, work and employment, affiliation to a political, trade union or another organization. The Law explicitly specifies discrimination based on race, colour, nationality and ethnicity in education, work, employment, choice of profession, expert qualifications, social protection, welfare, healthcare and housing. Child discrimination has been defined, the authorities of the Protector were expanded and the penal policy was made stricter. A new article defining actions not to be regarded as discriminatory, will significantly make easier the implementation of the amended Law.
48. Media campaigns on non-discrimination and the affirmation of anti-discriminatory behavior in order to raise awareness and to create an environment tolerant towards persons with disabilities, LGBT, Roma and other most often discriminated groups, are continuously being realized. An annual campaign “16 days of activism against gender-based violence”, as well as campaigns and education in towns in which Roma population lives, focusing on violence against women, domestic violence and early forced marriages of RE (Roma and Egyptians) girls were conducted.
50. The degree of discrimination in society is monitored through continuous researches. Based on the results, the policies for protecting against discrimination of the most vulnerable groups are being created. The 2015 research has shown a high degree of discrimination against persons with disabilities, LGBT population, Roma, women, minorities, persons living with HIV/AIDS and persons addicted to psychoactive substances. In 2016 special research was conducted related to the discrimination against persons with disabilities (in cooperation with UNDP). The 2017 research of citizens’ perception on discrimination continuously shows a higher degree of anti-discriminatory awareness.
LGBT persons (117.33–37, 118.8)
128. The amendments of the Anti-Discrimination Law from 2014 and 2017 emphasized a form of discrimination based on sexual orientation and gender identity and introduced a new basis of discrimination, gender change and inter-sexual characteristics. Penalty policies become much stricter, thus strengthening protection.
129. The amended Criminal Code from 2013 in Article 443 (racial hatred or racial discrimination) prohibited promotion of racial hatred or intolerance and encouragement of racial or other discrimination based on gender, disability, sexual orientation, gender identity or any other personal characteristics. The amended Criminal Code improved the legal protection of the LGBT persons, thus committing a hate crime based on sexual orientation or gender identity will be taken as aggravating circumstance for determining the punishment.
130. The Strategy for improving the quality of life of LGBT, with annual APs, comprises a set of measures in the area of human rights of LGBT, education, culture and security, law enforcement, health care protection, media, sport, economic growth, tourism and international politics. In the process of preparing the Strategy’s AP, a consultative process with relevant NGOs and state institutions was undertaken upon which the measures for improving the legal and social status of the LGBT are created. NGOs have been consulted during the conceptual design and defining the visual identity of all realized media campaigns.
131. In 2017 drafting a Law on registered partnership to enable significantly greater volume of rights for LGBT couples started. There are continuous activities on strengthening capacities and promoting anti-discriminatory behaviour through carrying out seminars/workshops and trainings for civil servants, representatives of the judicial bodies, local authorities, police, inspection services and others in charge of providing protection against discrimination. The educational courses for media representatives on sensible approach in reporting on the LGBT population, and on the necessity of breaking the gender prejudices and stereotypes in all public media were also realized. Educational courses were also organized for the representatives of national institutions, media, NGOs and institutions of the Protector in order to regulate legal issues of the same sex communities. Media campaigns on non-discrimination and affirmation of anti-discriminatory behaviour are being continuously realized. With the support of the UNDP, a safety informative brochure for LGBT population and police officers was published aiming to better protect the LGBT rights.
132. The amended Anti-Discrimination Law introduced the obligations of: the police, state prosecution, courts, misdemeanor institutions and inspection institutions to keep a special record of all the cases of reported discrimination and to submit it to the Protector. Compared to the cases of violence against LGBT persons, MH&MR gathers information each year on all cases of reported violence or discrimination and prepares a report.
133. The institution of the Protector secures a qualitative and continuous cooperation with CSOs which promote and protect the rights of the LGBT population. As a result, an educational course on the issue of hate speech suppression was organized.
Priorities, initiatives and commitments in addressing challenges in the implementation of recommendations and strengthening of human rights protection
134. In the forthcoming period the activities will be intensified for overcoming challenges in the implementation of international legal norms by strengthening the efficiency of the national institutional framework for the full implementation of legislation and stronger prevention of human rights violations and abuses. Measures will be taken for creating tolerant and anti-discriminatory environment that will enable unhindered exercising of rights and freedoms, especially the freedom of expression, freedom of opinion, conscience and religion, gender equality and the rights of vulnerable groups. To this end, stronger engagement of the civil sector and the strengthening of national dialogue on human rights must be ensured. In this context, education and training courses will be realized with a particular emphasis on their effectiveness.
135. The future Strategy for improving the quality of life of LGBT 2019-2024, focusing on the outing process of LGBT persons and the key role of the family in it, will promote and contribute to the implementation of the Law on Registered Partnerships to be adopted by the end of 2018.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
11. While noting various legislative and administrative measures that had been adopted to protect the rights of lesbian, gay, bisexual and transgender persons, the Committee against Torture, the Human Rights Committee and the Committee on the Elimination of Discrimination against Women remained concerned at continuing reports of violence and discrimination against such persons, and recommended that Montenegro intensify its efforts to combat stereotypes and prejudice against them. The Committee on the Elimination of Discrimination against Women was concerned about the legal requirement for transgender persons to undergo a surgical intervention in order to obtain legal recognition, and recommended removing such a requirement.
Right to life, liberty and security of person
18. The Committee against Torture and the Human Rights Committee recommended that Montenegro ensure that all acts of violence against lesbian, gay, bisexual and transgender persons were promptly, effectively and impartially investigated and prosecuted, that perpetrators were brought to justice and that victims were provided with redress.
Fundamental freedoms and the right to participate in public and political life
30. The Special Rapporteur on freedom of expression noted that attempts by the lesbian, gay, bisexual and transgender community to conduct peaceful demonstrations had met with violence, and recommended that Montenegro fully implement national norms regarding the prohibition of discrimination on all grounds and investigate acts of aggression against the lesbian, gay, bisexual and transgender community.
IV. References to SOGIESC issues during the Working Group review
21. With regard to the fight against discrimination based on sexual orientation or gender identity, a strategy for improving the quality of life of lesbian, gay, bisexual, transgender and intersex persons had been implemented through a multisectoral approach. In the security sector, a network of police contact points had been established, along with a special “trust team”, as mechanisms for strengthening mutual trust and improving the safety of those persons. The Criminal Code and the Anti-Discrimination Law had also been improved, and the Law on Registered Partnership, currently being drafted, was due for adoption by the end of 2018.
24. Namibia commended Montenegro for the strengthening of its human rights normative and institutional framework. It encouraged Montenegro to further strengthen efforts to promote freedom of expression, gender equality, protection of children against violence, and the integration of national minorities and stateless persons into society.
48. The United States welcomed the establishment of a commission to monitor investigations into attacks and threats against journalists, but expressed concern that Montenegro had failed to make progress with those investigations. It was discouraged by the continuous discrimination against minority groups, especially the Roma population and lesbian, gay, bisexual, transgender and intersex communities.
56. Argentina welcomed the establishment of the strategy for improving the quality of life of lesbian, gay, bisexual and transgender persons, the Action Plan for Achieving Gender Equality and the Strategy for the Integration of Persons with Disabilities.
58. Australia was concerned about reports of discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons and of undue political influence and intimidation of journalists, despite several measures taken to address those issues. It was also concerned about reports that corruption remained prevalent among the police and the judiciary, and in the health, education and employment sectors.
66. Canada welcomed the efforts to address discrimination against lesbian, gay, bisexual, transgender and intersex persons and to uphold the right to freedom of assembly and expression by permitting pride marches in Podgorica. It was concerned about reports of media outlets and journalists being exposed to economic pressure and threats.
67. Chile congratulated Montenegro for its approval of the amended AntiDiscrimination Law, which had redefined the terms “discrimination” and “hate speech” by integrating the elements of the European standards into its text. Chile was concerned that some of the international human rights instruments had not yet been ratified.
81. Germany commended Montenegro for its extension of the mandate of the Protector of Human Rights and Freedoms and the improvements made to the quality of life of lesbian, gay, bisexual, transgender and intersex persons. It also commended Montenegro for its cooperation with civil society in preparation for the current universal periodic review.
84. Honduras commended Montenegro for its progress in implementing the recommendations received in the previous cycles, particularly the ratification of several international human rights treaties and the adoption of measures to protect the rights of lesbian, gay, bisexual and transgender persons.
90. Ireland welcomed the efforts made by Montenegro to strengthen the impartiality of the judiciary. It noted positively the new Strategy for Domestic Violence Protection 2016– 2020 and welcomed the introduction of measures aimed at protecting the rights of lesbian, gay, bisexual, transgender and intersex persons and addressing discrimination against minorities.
V. Conclusions and/or recommendations
Montenegro accepted the following recommendations (and considers that they are already implemented or in the process of implementation):
105.16 Further strengthen efforts to protect the rights of lesbian, gay, bisexual, transgender and intersex persons effectively and investigate and prosecute cases of violence and discrimination against those persons (Iceland);
105.17 Fully implement adopted legal measures against discrimination and effectively address reported cases of violence against persons based on their sexual orientation and gender identity (Czechia);
105.18 Redouble its efforts by assigning human and financial resources to effectively implement the adopted measures to protect the rights of lesbian, gay, bisexual and transgender persons (Honduras);
105.19 Strengthen institutions to combat discrimination and violence based on sex, sexual orientation and gender identity (Mexico);
105.83 Work out, in a timely fashion, a concrete draft law for the legalization of same-sex partnerships which can be passed expeditiously by Parliament (Germany);
106.6 Reform the existing legal provision that requires transgender persons to undergo a surgical intervention in order to obtain legal recognition (Portugal);
VI. Further information
You will find all documents relating to Montenegro’s third review at UPR-Info and OHCHR’s websites.