Office for Fight Against Trafficking in Human Beings

The Government of Montenegro

General Secretariat

Office for fight against trafficking in human beings

ACTION PLAN FOR IMPLEMENTATION OF THE NATIONAL STRATEGY FOR FIGHT AGAINST TRAFFICKING IN HUMAN BEINGS FOR PERIOD 2010- 2011

Podgorica, December 2009

C O N T E N T:

List of abbreviations

Introduction

GENERAL OBJECTIVES

1) Implementation of international standards in field of fight against trafficking in human beings

2) Realization of continuous cooperation between relevant institutions in process of implementation of Agreement on Cooperation and Action Plan

3) Development and enhancement of cooperation at national and international plan aimed at realization of obligations stemming from Action Plan

4) Coordination

CRIMINAL PROSECUTION

1) Efficient criminal prosecution

2) Assessment of state of criminality in field of criminal acts of trafficking in human beings

3) Capacity development of state bodies, other institutions and NGO sector on identification of potential victims of trafficking in human beings

4) Efficient trial – Priority solving of cases with elements of trafficking in human beings

PROTECTION

1) Ensuring primary measures for protection of potential victims of trafficking in human beings, in and out of Shelter for victims of trafficking in human beings

2) Ensuring adequate protection for victims during and after activities relating to penalty-legal procedure

3) Ensuring conditions for re-integration

4) Repatriation of victims

PREVENTION

1) Public awareness rising on trafficking in human beings issues

2) Informing on all forms of sexual exploitation, labour exploitation, organized begging

3) Continuous media and Internet monitoring in the prevention of trafficking in human beings, i.e. children

4) Strengthening of cooperation at the local community level in implementation of programs and projects on fight against trafficking in human beings

5) Children awareness rising through education on their rights, in order to diminish the risk to become victims of the trafficking in human beings

6) Ensure smooth operation of SOS telephone for victims of the trafficking in human beings

7) Establishing registry of projects (on fight against trafficking in human beings) implemented by NGOs and international organizations

List of abbreviations:

Convention on Human Rights - European Convention for protection of human rights and fundamental freedoms
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, which is supplementing UN Convention on fight against trans-national organized crime
Protocol against smuggling of migrants - Protocol against smuggling of migrants by land, sea and air, which is supplementing UN Convention on fight against trans-national organized crime

Court for human rights – European Court for human rights
MH – Ministry of Health
MLSW – Ministry of Labour and Social Welfare
LSP - Law on State Prosecutor’s Office («Official Gazette of the Republic of Montenegro», no 69/03)

CC - Criminal Code («Official Gazette of the Republic of Montenegro », no 70/03)
CPC - Criminal Procedure Code («Official Gazette of the Republic of Montenegro », no 71/03)
LWP - Law on witness protection («Official Gazette of the Republic of Montenegro », no 65/04).
EU – the European Union
CoE – Council of Europe
OUN – Organization of the United Nations
USAID - United States Agency for International Development
OSCE - Organization for security and cooperation in Europe
IOM - International Organization for Migration
UNICEF - United Nations Children Found
UNTOCC - United Nations Convention Against Trans-national Organized Crime
ICMPD – International Centre for Migration Policy Development
TRM - Trans-national Referral Mechanisms
CODE - Code of conduct for protection of minors from sexual exploitation in travel and tourism
MWL - Montenegrin Women Lobby
SWH – Safe Women House

INTRODUCTION

Trafficking in human beings is global problem and it occurs most often in form of organized crime. Nowadays, there is overwhelming opinion in the world that successful fight against trafficking in human beings requests multidisciplinary approach at national, regional, and international level. The experiences so far showed that it is necessary to strengthen and network institutions and society organizations in order to ensure efficient prevention of trafficking in human beings.

Montenegro adopted and implemented, in its legal framework, standards of UN Convention on Trans-national Organized Crime and Protocol on Trafficking in Human Beings (2000), and ratified CoE Convention on Fight against Trafficking in Human Beings (2008), UN Convention on Rights of a Child, Optional Protocol of the Convention on Rights of a Child that refers to selling of children, child prostitution, and child pornography (ratified on 23 October 2006). In that sense, Montenegro integrated recommendations and standards prescribed by conventions in newly adopted regulations, aimed at further strengthening and enhancing of institutions, in cooperation with non-governmental sector and international organizations in field of protection, education, and criminal prosecution of cases of trafficking in human beings.

Following establishment of Project Board, the Government of Montenegro, in 2001, appointed National Coordinator for fight against trafficking in human beings, and in late 2003, Government adopted national Strategy for fight against trafficking in human beings. Working group for implementation of this strategy was established, consisting of representatives of line ministries, state prosecutor’s office, and international organizations with missions in Montenegro.

Law on amendments of the Criminal Code RMNE (June 2002) defines, for the first time, criminal act of trafficking in human beings, and by reforming criminal legislation (in material part) in period 2003-2008, criminal act of trafficking in human beings was defined in Article 444 of the Criminal Code. Apart from Article 444 of the Criminal Code that defines trafficking in human beings as criminal act, Article 445 of the Code defines trafficking in children in adoptive purposes, and Article 446 defines criminal act of slavery and transport of persons in slavery (high imprisonment sentences are envisaged for all mentioned criminal acts).

Following acts were adopted in period 2004-2008: the Criminal Code, the Criminal Procedure Code, Law on Witness Protection, Law on International Legal Assistance in Criminal Matters, Law on State Prosecutor’s Office, Law on Police, the Bar Law, Law on amendments to the Law on Execution of Penalty Sentences, Law on Agency for National Security, Law on Preventing Money Laundering and Terrorism Financing, Law on Medical Insurance, etc. In addition, Law on Aliens was adopted (OG MNE, no 82/08), which governs prolonged temporary residence of victim in purpose of his/her recovery or court proceeding of the case.

At the beginning of 2004, the Government of Montenegro, in cooperation with International Organization for Migration (IOM) and Organization for Security and Cooperation in Europe (OSCE), opened Shelter for victims of trafficking in human beings. The Shelter is run by activist of local NGO “Montenegrin Women Lobby.”

The Office for Fight against Trafficking in Human Beings signed, on 15 September 2008, with representatives of Tourist Economy of Montenegro, Code of Conduct for protection of children from sexual exploitation in travelling and tourism. The Agreement on Cooperation between Supreme State Prosecutor’s Office, Ministry of Health, Labour and Social Welfare, Ministry of Education and science, Police Directorate, and NGOs “Montenegrin Women Lobby”, “Safe Women House” and “ Centre plus” was signed on 18 October 2007. The purpose of the Agreement is to ensure efficient cooperation between all relevant subjects in prevention, education, reporting, criminal prosecution of perpetrators, and protection of potential victims

In period 2004-2008, a number of projects were implemented. These projects aimed at informing and education, i.e. rising of awareness level, on issues in field of fight against trafficking in human beings. Projects were supported, and implemented in coordination with international organizations (OSCE, IOM, Save the Children, UNICEF, UNHCR, ICMPD and Care International).

In accordance with the obligations defined in the Strategy for fight against trafficking in human beings, and long-term measures defined in supplementing Action Plan, and in compliance with COE Convention on fight against trafficking in human beings (2005) ratified in 2008, it was decided to establish Working group that will prepare new Action Plan for period 2010-2011, in order to implement all proposed measures.

Action Plan makes operational all goals defined in Strategy for fight against trafficking in human beings, recommendations of the Working Group, international organizations and institutions. Action Plan enables monitoring of implementation of continuous measures, which were adopted in previous period, and defines new measures in order to strengthen capacities of institutions and organizations in fight against trafficking in human beings.

Action Plan consists of three units: criminal prosecution, protection, and prevention. It defines measures, bearers of activities and deadlines, i.e. dynamic of measures realization, indicators for measuring the success, so as means and resources needed for implementation. Implementing period of the Action Plan is January 2010 – December 2011.

GOAL / MEASURE / COMPETENT INSTITUTION / DEADLINE / INDICATORS OF THE SUCCESS / NECESSARY BUDGET MEANS
I. GENERAL OBJECTIVES:
1) Implementation of international standards in field of fight against trafficking in human beings
2) Realization of continuous cooperation between relevant institutions in process of implementation of Agreement on Cooperation and Action Plan
3) Development and enhancement of cooperation at national and international plan aimed at realization of obligations stemming from Action Plan
4) Coordination
1. Implementation of international standards in field of fight against trafficking in human beings / 1.1. Monitoring of implementation of UN Convention on Trans-national Organized Crime with supplementing Palermo Protocol / 1.1. Ministry of Justice, Office for fight against trafficking in human beings, MoI&PA, MFA / 1.1. Continuous / 1.1.Obligations from UN Convention implemented / 1.1. Regular resources
1.2. Monitoring of implementation of Council of Europe Convention on Fight against Trafficking in Human Beings / 1.2. Ministry of Justice, Office for fight against trafficking in human beings, MoI&PA, MFA / 1.2. Continuous / 1.2. Obligations from CoE Convention implemented / 1.2. Regular resources
1.3. Implementation of recommendations stipulated in Article 19 (Criminalisation of the use of services of a victim) of Council of Europe Convention on Fight against Trafficking in Human Beings (2005), in amendments of the Criminal Code / 1.3. Ministry of Justice, Office for fight against trafficking in human beings / 1.3. Continuous / 1.3. Recommendation from Article 19 of CoE Convention integrated in the Criminal Code / 1.3. Regular resources
1.4. Monitoring of implementation of European Convention on the Compensation of Victims of Violent Crimes / 1.4. Ministry of Justice / 1.4.1. Continuous / 1.4.1. Obligations from Convention implemented / 1.4.1. Regular resources
1.5. Adoption of the Law on Compensation of Victims of Crimes / 1.5. Ministry of Justice / 1.5. IV quarter of 2010 / 1.5. Adopted Law on Compensation of Victims of Crimes / 1.5. Regular and extraordinary resources
1.6. Monitoring of implementation of UN Convention on Rights of a Child and Optional Protocol relating to trafficking of children, child prostitution and child pornography / 1.6.Ministry of labour and social welfare / 1.6. Continuous / 1.6. Obligations from Convention implemented / 1.6. Regular resources
2. Realization of continuous cooperation between relevant institutions in process of implementation of Agreement on Cooperation and Action Plan / 2.1. Meeting of focal points of signatories to the Agreement on Cooperation / 2.1. Office for fight against trafficking in human beings / 2.1.Semi-annual / 2.1.Number of meetings held / 2.1. Regular resources
2.2. Preparation of the Report on implementation of the Agreement on Cooperation / 2.2. All subjects included in realization of the Agreement / 2.2. Quarterly / 2.2. Number of reports adopted / 2.2. Additional budget means not necessary
2.3. Reporting to the National Commission on fight against organized crime and corruption on implementation of the Action Plan and the Agreement on Cooperation / 2.3. Office for fight against trafficking in human beings / 2.3. Quarterly / 2.3. Number of reports submitted / 2.3. Additional budget means not necessary
2.4. Preparation of the reports for international subjects / 2.4. Office for fight against trafficking in human beings / 2.4. Continuous / 2.4. Number of reports prepared / 2.4. Additional budget means not necessary
3. Development and enhancement of cooperation at national and international plan aimed at realization of obligations stemming from Action Plan / 3.1.Exchange of experience, information and implementation of joint activities in combating trafficking in human beings / 3.1. All subjects included in implementation of the Action Plan / 3.1. Continuous / 3.1. Number of completed regional projects, study visits (in countries of origin, transitions and final destination) / 3.1. Regular and extraordinary resources - donations
3.2. Participation on international conferences and other forms of gatherings / 3.2. Line ministries, prosecutor’s office, judiciary, Office for fight against trafficking in human beings, NGOs / 3.2. Continuous / 3.2. number of held conferences and seminars where representatives of Montenegrin institutions and organizations participated / 3.2. Regular resources
3.3. Establishing mechanisms on international cooperation / 3.3. Office for fight against trafficking in human beings / 3.3. Continuous / 3.3. Number of signed memorandums and agreements, number of initiated international projects / 3.3. Regular resources
3.4. Organization of Regional Conference of National Coordinators in Montenegro / 3.4. Office for fight against trafficking in human beings / 3.4. By the end of February 2010 / 3.4. Conference held / 3.4. Regular and extraordinary resources
4. Coordination / 4.1. Regular meetings of Working Group for implementation of National Strategy for fight against trafficking in human beings / 4.1. Office for fight against trafficking in human beings / 4.1. Quarterly, when necessary more often / 4.1. Number of meetings held / 4.1. Regular resources
4.2. Regular meetings of signatories of the Agreement on Cooperation / 4.2. Office for fight against trafficking in human beings / 4.2. Two times per year / 4.2. Number of meetings held / 4.2. Additional budget means not necessary
4.3. Preparation of analyses on realization of measures from the Action Plan / 4.3. Office for fight against trafficking in human beings, on basis of individual reports of institutions - bearers of activities / 4.3. Two times per year / 4.3. Prepared Report and available at the web site of the Office for fight against trafficking in human beings / 4.3. Additional budget means not necessary
4.4. Updating of the web site of the Office for fight against trafficking in human beings / 4.4. Office for fight against trafficking in human beings / 4.4. Continuous / 4.4. Number of published press releases at the web site / 4.4. Additional budget means not necessary
GOAL / MEASURE / COMPETENT INSTITUTION / DEADLINE / INDICATORS OF THE SUCCESS / NECESSARY BUDGET MEANS
II CRIMINAL PROSECUTION
1) Efficient criminal prosecution
2) Assessment of state of criminality in field of criminal acts of trafficking in human beings
3) Capacity development of state bodies, other institutions and NGO sector on identification of potential victims of trafficking in human beings
4) Efficient trial – Priority solving of cases with elements of trafficking in human beings
1. Efficient criminal prosecution / 1.1. Entering into force and implementation of the new Criminal Procedure Code / 1.1.Judiciary, State prosecutor’s Office / 1.1. III quarter of 2010. / 1.1. New Criminal Procedure Code entered into force and its implementation / 1.1. Regular resources
1.2. Amending the Criminal Code / 1.2. Ministry of Justice / 1.2. II quarter of 2010. / 1.2. Adopted Amended Criminal Code / 1.2. Regular resources
1.3. Adoption of the Law on Juvenile Judiciary / 1.3. Ministry of Justice / 1.3. II-III quarter of 2010. / 1.3. Adopted Law on Juvenile Judiciary / 1.3. Regular resources
1.3.1. Adoption of the Implementing Plan for the Law on Juvenile Judiciary / 1.3.1. Ministry of Justice, Judiciary, Supreme Court, State prosecutor’s Office, Centre for Education of bearers of judicial function / 1.3.1. III-IV quarter of 2010 / 1.3.1. Adopted Implementing Plan for the Law on Juvenile Judiciary / 1.3.1. Regular resources
1.3.2. Adoption of the bylaws necessary for implementation of the Law on Juvenile Judiciary / 1.3.2. Ministry of Justice / 1.3.2. First quarter of 2011. / 1.3.2. Adopted bylaws necessary for implementation of the Law on Juvenile Judiciary / 1.3.2. Regular resources
1.4. Defining of the rules on conduct with the vulnerable categories of people before the judicial bodies (juveniles, victims of rape, terrorism, domestic violence, disabled persons...) / 1.4. Ministry of Justice and judicial bodies / 1.4. II-III quarter of 2010. / 1.4. Defined rules on conduct with the vulnerable categories of people before the judicial bodies / 1.4. Regular resources
1.4.1. Monitoring of implementation of rules on conduct with the vulnerable categories of people / 1.4.1.Judical Council, Prosecutor’s Council, Judicial bodies / 1.4.1. IV quarter of 2010, Continuous / 1.4.1. Prepared analysis of implementation of the rules on conduct with the vulnerable categories of people / 1.4.1. Additional budget means not necessary
2. Assessment of state of criminality in field of criminal acts of trafficking in human beings / 2.1 Appointment of persons in competent institutions who are directly involved in activities of fight against trafficking in human beings / 2.1. Institutions involved in fight against trafficking in human beings / 2.1. First quarter of 2010 / 2.1. Competent persons /focal points/ in institutions appointed / 2.1. Additional budget means not necessary
2.1.1.Appointment of coordinator from the Police Directorate / 2.1.1. PD upon initiative of Office for fight against trafficking / 2.1.1. First quarter of 2010 / 2.1.1. Coordinator from the Police Directorate appointed / 2.1.1. Additional budget means not necessary
2.2. Preparation and implementation of the control plan over objects and persons that might be victims of trafficking in human beings / 2.2. Police Directorate / 2.2. Continuous / 2.2. Control Plan prepared / 2.2. Regular resources
2.3. Preparation of the Report on statistical data referring to criminal act of trafficking in human beings / 2.3. Police Directorate, Judiciary, State prosecutor’s Office / 2.3. Quarterly / 2.3. Number of prepared and delivered reports to the Office for fight against trafficking in human beings / 2.3. Additional budget means not necessary
2.4. Preparation and submission of the reports to the Office for fight against trafficking in human beings on realized activities relating to proactive identification of victims of trafficking in human rights, especially of vulnerable groups of people, and on the results of these activities: number of arrests made (number of arrested prostitutes, illegal migrants without documents...) / 2.4. Police Directorate / 2.4. Quarterly / 2.4. Number of prepared and delivered reports / 2.4. Additional budget means not necessary
2.5. Delivering of the reports to the Office for fight against trafficking in human beings, on results of police action „Beggar“ (number of arrests, children-beggars placed in Institution for rehabilitation of juveniles, undertaken measures for protection of children) / 2.5. Police Directorate / 2.5. Quarterly / 2.5. Number of prepared and delivered reports on results of the action / 2.5. Additional budget means not necessary
2.6. Upgrading of database on victims and perpetrators of criminal act of trafficking in human beings / 2.6. Office for fight against trafficking in human beings / 2.6. Continuous, on basis of data delivered from Police Directorate and NGOs / 2.6. Updated database / 2.6. Additional budget means not necessary
3. Capacity development of state bodies, other institutions and NGO sector on identification of potential victims of trafficking in human beings / 3.1. Strengthening of professional capacities of police in fight against trafficking in human beings, with special emphasize on child-victim treatment / 3.1. Police Directorate, Police Academy / 3.1. Continuous / 3.1. Number of carried out trainings and number of participants on trainings / 3.1. Regular and extraordinary resources