Since 2012, Montenegro has made progress in combatting human trafficking in a number of areas, but improvements are needed in helping victims, facilitating their access to compensation, and bringing offenders to justice, said the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA) in its new evaluation report published today.
GRETA notes that over the reporting period the Montenegrin authorities have further developed the legal framework for combatting trafficking in human beings: additional forms of exploitation were added to the Criminal Code, the list of aggravating circumstances was expanded, and the irrelevance of the victim’s consent to the intended exploitation was specifically stipulated. The new Law on Foreigners provides for a recovery and reflection period of up to 90 days for victims of trafficking, and the possibility of granting a temporary residence permit to victims, independently of their co-operation with law enforcement authorities. Another positive development concerns legislative changes to the procedures for granting residence and work permits which now limit the risk of abuse by employers.
Awareness-raising of the risks of human trafficking, including among migrant workers and children, close co-operation with the civil society, training police officers, the establishment of a dedicated police unit and the adoption of important policy documents were also welcomed by GRETA.
However, despite the progress achieved, some issues give rise to concern and must be promptly addressed. GRETA urges the Montenegrin authorities to ensure that law enforcement officials, social workers, NGOs proactively identify victims of trafficking, paying particular attention to migrant workers, children in street situations, children from the Roma, Ashkali and Egyptian communities and unaccompanied minors.
The Montenegrin authorities should do more to discourage demand for the services of trafficked persons, in partnership with civil society and the private sector, including the tourist industry. Steps should also be taken to facilitate and guarantee victims’ access to compensation regardless of their nationality and residence status. In this context, GRETA is concerned that the Law on Compensation for Damages to Victims of Violent Crimes adopted in July 2015 is supposed to enter into force only when Montenegro accedes to the EU, and urges its application without further delay. Besides, the authorities must make full use of the existing legislation on the freezing and confiscation of assets acquired to secure compensation to victims of trafficking.
Human trafficking cases are often investigated, prosecuted and brought to court as other offences under the Criminal Code, such as mediation in prostitution, that are easier to prove, but carry lower penalties. GRETA urges the Montenegrin authorities to ensure that all cases related to trafficking, including those involving public officials, are investigated and prosecuted as such, and lead to effective, proportionate and dissuasive sanctions.
