A/HRC/44/45/Add.1
presumed to be a victim of trafficking, or based on evidence produced by a competent State
authority confirming that the foreign national is collaborating in the investigation of
criminal offences, a temporary residence permit for humanitarian reasons is issued with the
validity period of up to one year, which may be extended. According to the law, those who
have been issued a temporary residence permit for humanitarian reasons have the right to
accommodation, health care, education, work and financial assistance.
43.
Regarding assistance to migrants in vulnerable situations, as stated above, once
migrants express their intent to seek asylum in the registration centre, in Spuz, they are
accommodated in a reception centre. There is a reception centre in Spuz, next to the
registration centre, which lodges families, women and children, as well as men in
vulnerable situations, and a reception centre in Konik, which can host up to 200 people.
Although the centre in Konik is only intended for hosting men, during her visit in
Montenegro, the Special Rapporteur became aware of the accommodation of families, due
to lack of space in Spuz. Given the rising number of migrants arriving in the country, the
options for accommodation are clearly not sufficient. According to officials, Montenegro is
a small country with limited financial resources, and the financial budget dedicated to
migrant reception and protection is already substantial. Officials assured the Special
Rapporteur that, by the end of 2019, €1 million would be allocated for alternative
accommodations. Rehabilitation of a former military base now under the Ministry of the
Interior, near the border with Albania, is planned for 2020 and will include an additional 60
beds in a temporary container settlement. Once that is completed, the Government will have
an additional 120 beds. For the moment, thanks to European Union funds, containers are
being used as a temporary solution. Concerns were raised regarding the construction of a
reception centre close to the border as a measure aimed at further limiting entry into the
country, given the increasing number of migrants crossing through Montenegro.
44.
Vulnerable migrants and asylum seekers arrive at the registration centre with the
help of IOM mobile teams who collect them at the border. IOM also offers logistical
support, translation and statistical services and the transporting of minors to a social welfare
centre. At the asylum reception facilities, the Office of the United Nations High
Commissioner for Refugees (UNHCR) provides legal and psychosocial assistance and
Arabic interpreters to the persons in the reception centre, through its partners Civic Alliance
and the Red Cross of Montenegro, which have a daily presence in the two facilities, in Spuz
and Konik. UNHCR also deploys interpreters for Arabic, Berber, English and French
languages to the Directorate for Migration. UNHCR and its legal partner provide free legal
aid to interested asylum seekers throughout the refugee status determination procedure.
45.
The Directorate for Migration within the Ministry of the Interior is the authority in
charge of the procedures for international protection. The procedure can last up to 21
months, in line with European Union standards. When migrants submit an application for
international protection, they are given a date for an interview with the Directorate, usually
within two months. Given that applicants often arrive without identification, administrative
procedures may take longer, due to the need to establish applicants’ identities. After the
initial interview, applicants may be invited for an additional interview to verify facts given
in the first interview. However, it was noted that the majority of those who express intent to
proceed with the procedure at the registration centre do not appear for the first interview,
and the procedures are ultimately revoked. In the case of families and unaccompanied
children, nine families were hosted in the centre in Spuz at the time of the visit. According
to officials, in cooperation with the Ministry of Education, access to school for hosted
children is ensured. The centre also organizes activities for children.
46.
Nine months from the initiation of the process, asylum seekers, unless the
application is resolved, have the right to seek employment. However, due to the lack of
harmonization of the relevant legislation, asylum seekers cannot yet exercise that right.
When an application for international protection is accepted, the applicant receives refugee
status and has the same rights as Montenegrin citizens, except the right to work in
government positions. After status is granted, for two years, they are given a wide range of
assistance, including language courses, vocational training and free accommodations, in
order to help them to integrate into Montenegrin society. From 2017 until the visit of the
Special Rapporteur, 77 people were granted refugee status or subsidiary protection, and 46
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