A/HRC/44/45/Add.1
enough evidence to prosecute under article 210 and did not investigate for more subtle
forms of coercion or seek additional evidence through specialized investigative techniques.
However, the Government changed the case referral procedures by requiring the Office of
the Head State Prosecutor to conduct an initial review of all trafficking-related cases and to
only downgrade cases that are not deemed to be trafficking offenses owing to lack of
sufficient evidence of trafficking being found.
17.
In general, the application of the trafficking crime remains low, and a general lack of
understanding of trafficking in persons throughout the criminal justice system has been
raised as a cause. However, the Ministry of Justice reiterated that the legislative framework
aligns with international standards and that practitioners were to inform the Ministry of any
problems in the implementation or application of the definition. The Ministry indicated that
no such concerns had been raised to its attention. According to the authorities, any
challenges that may arise are due to differences in the interpretation and skillset of
practitioners.
B.
Policy and institutional framework
18.
Until March 2017, the national Office for the Fight against Trafficking in Persons
was situated under the General Secretariat of the Government of Montenegro. The Office
was headed by the National Anti-trafficking Coordinator and was responsible for
coordinating the activities of public bodies and non-governmental organizations in the
implementation of the national anti-trafficking strategy and action plans. In March 2017,
the Office became part of the Ministry of the Interior. As of April 2019, changes in the
organizational structure were completed, and the Office is now organized as the
Department for the Fight against Trafficking in Persons under the purview of the Ministry
of the Interior.
19.
The Government has also recently changed its coordination structure for combating
trafficking in persons. Since December 2018, an operational team, headed by the Head
State Prosecutor in the Office of the Head State Prosecutor in Podgorica leads operational
activities and initiates criminal proceedings. The operational team established in 2018 is
composed of representatives of the Ministry of the Interior, the Police Directorate, the
Office of the Head State Prosecutor and the Ministry of Justice and has started
investigations and/or prosecutions in relation to several cases. The Special Rapporteur
further encouraged the inclusion of doctors, psychologists and social services authorities at
the national and local levels, as well as representatives of civil society organizations and the
Labour Inspectorate, to ensure the taking of a multidisciplinary approach that is relevant for
cases of labour exploitation, an area where identification has been particularly modest.
20.
Under the former system, a national referral mechanism was organized under a
memorandum of understanding. Identification and assistance to victims were provided
following the structure and distribution of competencies and tasks set forth in the
memorandum of understanding, whose signatories were the Supreme Court, the Office of
the Head State Prosecutor, the Ministry of the Interior, the Ministry of Health, the Ministry
of Labour and Social Welfare, the Ministry of Education, the Office for the Fight against
Trafficking in Persons, the Centre for Children and Family Protection in Bljelo Polje, the
Red Cross of Montenegro and six non-governmental organizations. The non-governmental
organizations were the Montenegrin Women’s Lobby, Women’s Safe House, the Institute
for Social Inclusion, the helpline for women and children who are victims of violence in
Niksic and the House of Hope. The memorandum of understanding contained an annex for
each signatory describing its role and tasks in the prevention of trafficking in persons,
including in the areas of identification, assistance and prosecution. It was unclear, however,
how that national referral system would continue, if at all, under the new operational
structure. The Special Rapporteur strongly advocates for confirming and strengthening the
mechanism, which is essential for victim assistance and support.
21.
While authorities reassured the Special Rapporteur that the new structure had
already brought promising results in the identification and investigation of new cases of
trafficking, the Special Rapporteur raised her concerns that the transition of the National
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