A/HRC/44/45/Add.1
the same or separate shelters, however, during her meetings, the need for an assessment of
the capacity of the shelter and workers to accommodate the differing needs of victims was
discussed. Both organizations running shelters, in Podgorica and Niksic, referred to issues
concerning security and confidentiality, which can be challenging when catering to the two
types of victims. Another challenge for the organizations has been the fact that they are not
allowed to accommodate children who are victims of trafficking. After her visit, the Special
Rapporteur was informed of the establishment of a new shelter, in December. However,
concerns have been raised about the lack of experience of the staff in assisting of victims of
trafficking.
37.
As explained by officials, the operational team dedicated to the identification of
victims of trafficking formally reports potential cases to the Ministry of Labour and Social
Welfare, indicating the situation of a person as a victim of trafficking, which then contacts
the centre for social welfare, which makes the assessment and makes arrangements for
accommodations, as necessary. The service provider for accommodation then must develop
and adopt a plan detailing the support that will be provided to the victim. A victim can be
placed in a shelter for a maximum of nine months. During that period, the Ministry for
Labour and Social Welfare monitors the implementation of the plan with the victim. If no
other accommodations are found as an alternative to a shelter, the period is extended. In
addition, to such shelters, victims can be accommodated for up to three days in crisis
centres, which also cater to victims of domestic violence. The locations are kept secret and
are aimed at providing emergency shelter before a decision is made as to the type of
accommodation and assistance that is appropriate for a particular victim. They can also be
used if there are security concerns in a particular case.
38.
Under the current system, civil society organizations providing assistance to victims,
including accommodations, are awarded a lump sum per victim per month, in addition to
funds obtained through projects. Specific services and assistance provided to victims is paid
on ad hoc basis by the Ministry of Labour and Social Welfare on the basis of a written
request from a victim’s case manager. That does not sufficiently cover victim assistance
expenses, and it is a detriment to the sustainability of the system.
39.
The only specialized shelter for trafficked persons operating for many years is
currently closed as a consequence of the non-governmental organization concerned not
fulfilling the licensing criteria. During the visit, the Special Rapporteur underlined that the
experience gained in running the specialized shelter for victims of trafficking must not be
lost, but, on the contrary, must be valued, eventually through transitional measures.
Furthermore, she highlighted that the whole accommodation system should be prepared to
operate on a regular basis for a higher number of potential victims of trafficking, a greater
number of whom would hopefully be identified, as a result of recent changes in the
operational structure.
40.
Currently, non-governmental organizations running shelters could not survive
without the support of external and/or private donors. The Special Rapporteur underscored
that the whole funding system should be made more efficient, and combating trafficking
should be prioritized, in order to improve the country’s victim support record in the near
future. Support to non-governmental organizations that are service providers should not be
provided piecemeal, on a victim by victim basis.
41.
During the visit, the Special Rapporteur stressed that an assistance system, including
specialized shelters for trafficking victims, must be established on a permanent basis and its
sustainability must be ensured by government funding. That is key to improving and
increasing identification rates, because victims will more likely come forward if assistance
measures, especially regarding adequate accommodations, are readily available as soon as
they are identified. The new model of identification under the standard operating
procedures, accompanied by a strong and permanent support system, can lead the country
to achieving those results.
42.
Regarding the possibility to stay in the country, the Law on Foreigners provides for
a 90-day reflection period for victims of trafficking. Based on the appropriate evidence
produced by an international organization, non-governmental organization or State
administration authority that provides assistance and protection to the foreign national
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