A/HRC/44/45/Add.1
marriage. A case of trafficking for begging was identified concerning four minors
belonging to the Roma community who were forced to beg within the framework of an
organized begging context. Authorities have reported that the trafficking of children for
forced begging follows a seasonal pattern. Children from Roma communities from
neighbouring countries enter Montenegro in the summer season to beg in coastal touristic
areas.
7.
Regarding cases of the trafficking of women and girls, common characteristics
applicable to cases in the Western Balkans appear to include a history of domestic violence
and physical, psychological and emotional abuse, parental neglect and extreme poverty.
Domestic violence is widespread in Montenegro. There is a high level of tolerance of
violence, especially against women and children, across society. In the northern rural part
of the country, there is a high level of tolerance and denial regarding unlawful marriage,
which accounts for the low level of reported cases.
8.
Moreover, since 2017, Montenegro has become a significant transit country for
migrants following the Balkan route. Through the so-called “southern Balkan route”,
people transit from Albania, through Montenegro and towards Bosnia and Herzegovina.
According to official government statistics, the number of migrants in transit increased,
from 799 migrants in 2017 to 4,580 migrants in 2018 and to 6,380 in the period between
January and October 2019. In the month of October 2019 alone the number of migrants in
transit reached 1,038. That may also mean that the number of potential trafficking victims
is increasing. Migrants in Montenegro see the country merely as a transit zone. While many
of them express a first intention to seek asylum in the country, only very few stay long
enough to complete the procedure for the determination of their refugee status. Reports
indicate that such migrants only stay in the country until they find the means to continue
their journey towards other European countries. In those circumstances, identification of
cases of trafficking among migrants in transit is challenging. Migrants are not likely to
reveal to public officials elements that could lead to the identification of trafficking
situations, owing to the fear of being delayed in their onward journey.
9.
Because Montenegro is a transit country, a noteworthy trend that has been observed
is criminal groups forcing migrants making irregular crossings with debts to act as “guides”
for other migrants moving through the region. The “guides” stay in transit areas and act as
facilitators and controllers for other migrants. As they pay their debts to traffickers, the
migrants acting as “guides” move on to sites closer to their final destination. Such
arrangements while in transit can last for several years, until the debt is paid off.
III. Legal, policy and institutional frameworks for combating
trafficking in persons
A.
1.
Legislative legal framework
International legal framework
10.
Montenegro has ratified the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime. Montenegro has also ratified the Council of Europe
Convention on Action against Trafficking in Human Beings.
11.
Montenegro has ratified the Forced Labour Convention, 1930 (No. 29), and Worst
Forms of Child Labour Convention, 1999 (No. 182) of the International Labour
Organization (ILO). It has not yet ratified the Protocol of 2014 to the Forced Labour
Convention, 1930 (No. 29). Montenegro is party to the core human rights instruments. It
has signed but not yet ratified the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families.
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