VZCZCXRO4861
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHPOD #0075/01 0641638
ZNR UUUUU ZZH
P R 041638Z MAR 08
FM AMEMBASSY PODGORICA
TO RUEHC/SECSTATE WASHDC PRIORITY 0665
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHPOD/AMEMBASSY PODGORICA 0733

UNCLAS SECTION 01 OF 15 PODGORICA 000075 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, EUR/PGI, EUR/SCE 
 
DEPT PLEASE PASS USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB MW
SUBJECT: MONTENEGRO-EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) 
REPORT 
 
REF: STATE 2731 
 
PODGORICA 00000075  001.2 OF 015 
 
 
SENSITIVE BUT UNCLASSIFIED HANDLE ACCORDINGLY 
 
¶1.  Post's submission of the draft Anti-trafficking in 
Persons (TIP) report for Montenegro follows.  Beginning with 
Section I - Overview of Country Activities, responses are keyed 
to reftel. 
 
EMBASSY PODGORICA CONTACT INFORMATION 
 
Embassy Podgorica POC for anti-trafficking is Human Rights 
Officer Gina M. Werth, tel: (+382)81-225-417; fax: 
(+382)81-241-358; e-mail: WerthGM@state.gov. 
Ms. Werth, FS-04, spent approximately 40 hours 
preparing the eighth annual TIP report.  LES Political 
Specialist, FSN-9, Zlatko Ivanovic, spent approximately 80 hours 
preparing the TIP report. 
 
 
 
¶2.  Begin text of TIP Report. 
 
¶I.   OVERVIEW OF COUNTRY ACTIVITIES 
II.  INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
III. PROTECTION AND ASSISTANCE TO VICTIMS 
IV.  PREVENTION 
 
¶I.  OVERVIEW OF COUNTRY ACTIVITIES 
 
¶A. Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or 
children?  Provide, where possible, numbers or estimates for 
each group; how they were trafficked, to where, and for what 
purpose.  Does the trafficking occur within the country's 
borders?  Does it occur in territory outside of the government's 
control (e.g. in a civil war situation)? Are any estimates or 
reliable numbers available as to the extent or magnitude of the 
problem?   What is (are) the source(s) of available information 
on trafficking in persons or what plans are in place (if any) to 
undertake documentation of trafficking? How reliable are the 
numbers and these sources?  Are certain groups of persons more 
at risk of being trafficked (e.g. women and children, boys 
versus girls, certain ethnic groups, refugees, etc.)? 
 
 
 
Montenegro is primarily a transit country for internationally 
trafficked persons.  The Office of the National Coordinator for 
the Fight Against Human Trafficking in Montenegro claimed that 
there were no cases in 2007 of Montenegrin citizens who were 
trafficked and that Montenegro is not a country of origin. 
However, according to the National Coordinator, women and girls 
from Serbia, Bosnia and Herzegovina, Moldova, Romania, Ukraine 
and Russia were trafficked across the territory of Montenegro 
towards Western European countries, especially Italy, for sexual 
and labor exploitation.  In addition, the common practice in the 
Roma community of sending their children to beg for money rather 
than going to school could be considered a form of trafficking 
under Montenegro's anti-trafficking legislation, embodied in 
article 444 of the Criminal Code.  However, it is not recognized 
as such in practice by the Montenegrin authorities. 
 
 
 
The National Coordinator, pursuant to his duties under the 
National Anti-Trafficking Strategy adopted in November 2003, has 
the primary responsibility to collect, monitor and create a 
database of the trafficking situation in Montenegro. The 
National Coordinator acquires data on criminal charges, 
suits/complaints, criminal proceedings, and verdicts related to 
trafficking as well as on the number of victims of human 
trafficking in Montenegro.  Post received this and other 
information below from the National Coordinator's office, the 
office of the Chief State Prosecutor, the Montenegrin Ministry 
of Interior and prominent NGOs.  Post considers the information 
from the National Coordinator may under-report the seriousness 
of the issue. 
 
 
 
In 2007, there were a total of 13 protectees residing in the 
shelter for victims of human trafficking that recieves direct 
budget support from the Government of Montenegro through a 
 
PODGORICA 00000075  002.2 OF 015 
 
 
specific line item in the national budget. Only one of the 
protectees was confirmed to be a victim of human trafficking. 
Other protectees resided in the shelter for different reasons. 
For example, victims of human smuggling were placed in the 
shelter because it was not possible to accommodate them 
elsewhere in Montenegro. 
 
 
 
¶B. Please provide a general overview of the trafficking 
situation in the country and any changes since the last TIP 
Report (e.g. changes in direction).  (Other items to 
address may include:  What kind of conditions are the 
victims trafficked into?  Which populations are targeted by the 
traffickers?  Who are the traffickers/exploiters?  Are they 
independent business people?  Small or family-based crime 
groups?  Large international organized crime 
syndicates?  What methods are used to approach victims? 
(Are they offered lucrative jobs, sold by their families, 
approached by friends of friends, etc.?)  What methods are used 
to move the victims (e.g., are false documents being used?). 
Are employment, travel, and tourism agencies or marriage brokers 
involved with or fronting for traffickers or crime groups to 
traffic individuals? 
 
 
 
Montenegro signed the UN Convention of Palermo on Transnational 
Organized Crime, including the Protocol for Prevention, 
Suppression and Punishment of Human Trafficking in 2001.  The 
government adopted the National Strategy for the "Fight Against 
Human Trafficking" in November 2003.  The strategy was adopted 
in cooperation with the then-U.S. Consulate in Podgorica and 
Embassy Belgrade, OSCE, the International Organization for 
Migration (IOM) and relevant ministries. The strategy includes 
three parts: prevention, prosecution and protection. It was 
drafted in accordance with the standards contained in the UN 
Convention and Protocol on Human Trafficking. 
 
 
 
Montenegro's anti-trafficking legislation was adopted in April 
2004, as article 444 of the Criminal Code.  In 2005, Montenegro 
established the Office of the National Coordinator for the Fight 
Against Human Trafficking, who is responsible for implementation 
of the national strategy and for coordination of activities of 
the government ministries, international organizations and NGOs 
through two bodies: the Working Group and the Project Board, in 
which the relevant ministries and organizations are represented. 
The Project Board, chaired by the National Coordinator, includes 
representatives of the police, the Government Office for Gender 
Equality, OSCE, Council of Europe, IOM, UNICEF, USAID, Save the 
Children, and two local NGOs, "Safe Women's House" and 
"Montenegrin Women's Lobby".    The Project Board evaluates the 
current situation of human trafficking in Montenegro, 
disseminates information and establishes the guidelines for 
future activities.  The Working Group, also chaired by the 
National Coordinator, was formed to monitor and implement the 
national strategy.  The Working Group includes representatives, 
at the level of assistant ministers, of the Ministry of Health, 
Labor and Social Welfare, the Ministry of Justice, the Ministry 
of Education and Science, the Chief State Prosecutor's office, 
and police with the international organizations of the OSCE, 
Council of Europe, IOM; the U.S. Embassy Podgorica has observer 
status.  The Working Group previously met monthly to monitor 
progress in the implementation of the national strategy. 
However, post notes that there has not been a single meeting 
during the reporting period.  A Special Anti-Trafficking Team 
was established by the Montenegrin Ministry of Interior in April 
¶2005.  In December 2005, the Ministry of Interior adopted the 
Regulations on Conditions and Temporary Stay of Foreign 
Nationals - Victims of Human Trafficking, according to which a 
victim can stay in Montenegro for as long as the need for 
protection of a victim may require, or during a trial. Some 
pending issues contained in the regulations will be fully 
resolved by the New Law on Foreign Nationals. 
 
 
 
In early 2007, the new Regulations on the Organization of 
Working Places in Police Directorate were adopted.  Under those 
regulations, the duties and responsibilities of the Police 
Special Anti-Trafficking Team were transferred to the Criminal 
 
PODGORICA 00000075  003.2 OF 015 
 
 
Police's Department for Fighting Organized Crime and Corruption 
Within this group, there is a separate line of responsibility 
for fighting human trafficking and illegal migration - human 
smuggling. Police responsibilities for fighting human 
trafficking and other elements of organized crime are regulated 
by several laws:  Chapter XXX on Organized Crime of the Law on 
Criminal Proceedings, Criminal Code, Law on Police, Law on 
Witness Protection, Law on Foreign Nationals, Law on State 
Border, Law on Asylum, etc. 
 
On October 10, 2007, the government signed a new Memorandum of 
Understanding for Mutual Cooperation with NGOs. On the 
government side, signatory parties included the Ministry of 
Health, Labor and Social Welfare; Ministry of Education; Chief 
State Prosecutor; and the police.  NGOs included the Montenegrin 
Women's Lobby, Montenegrin Safe House, and the Center Plus. 
 
The purpose of the new MoU is to improve state/NGO cooperation 
in fighting human trafficking through prevention, education, 
prosecution, and protection of possible victims of human 
trafficking, in particular women and children. 
 
There was only one reported trafficking victim in Montenegro in 
¶2007.  The National Coordinator reported that human trafficking 
in Montenegro occurs on an exceptional basis and that most 
criminal organizations are not involved. 
 
 
 
NGOs involved in combatting human trafficking believe Montenegro 
has an adequate legal framework to fight against trafficking. 
However, they generally believe that official statistics 
underreport the problem, and that the authorities need to focus 
more attention on the issue.  In addition, NGOs have mentioned 
that retention of trained anti-trafficking police officers is a 
problem. 
 
 
 
Post notes that the issue of retention is not unique to officers 
trained to combat trafficking, but is a systemic problem for the 
entire police department (as reported by U.S. funded experts as 
well as other donors working on law enforcement reforms in 
Montenegro.) 
 
 
 
 
 
 
 
¶C. Which government agencies are involved in anti- 
trafficking efforts and which agency, if any, has the lead? 
 
The following GOM entities are involved in 
anti-trafficking efforts in Montenegro: 
 
-Office of the National Coordinator for the Fight against Human 
Trafficking 
-Chief State Prosecutor 
-Ministry of Interior/Police Directorate 
-Ministry of Health, Labor and Social Welfare 
-Ministry of Education 
 
 
The National Coordinator has the overall lead in coordinating 
anti-trafficking efforts in Montenegro.  The National 
Coordinator is supposed to: 1) coordinate the activities of the 
relevant government institutions, international and 
non-governmental organizations as they seek to implement the 
National Anti-trafficking Strategy, aiming to protect victims, 
prevent human trafficking and prosecute the perpetrators; 2) 
participate at international 
conferences/seminars/roundtables/forums; and 3) monitor the 
implementation of the action plan and report to the Government 
of Montenegro. 
 
 
 
 
 
¶D. What are the limitations on the government's ability to 
address this problem in practice?  For example, is 
 
PODGORICA 00000075  004.2 OF 015 
 
 
funding for police or other institutions inadequate?  Is 
overall corruption a problem?  Does the government lack the 
resources to aid victims? 
 
 
 
The government's ability to address human trafficking is limited 
by funding and by a backlogged and ineffective  judicial process 
that impact both criminal and civil courts.  As mentioned above, 
some NGOs also believe that official statistics underreport the 
problem of trafficking, and that the authorities need to focus 
more attention on the problem. 
 
 
 
Also, the National Coordinator failed to hold a single meeting 
of the Working Group during the reporting period. 
 
 
 
The Government's National Coordinator also reported that many of 
the government actors involved in anti-trafficking were only 
paid for their primary job within the government, and not for 
their efforts in the anti-trafficking field.  Further, the 
National Coordinator said the judiciary failed to act promptly 
when human trafficking cases were brought to court (however, the 
National Coordinator also reported that through workshops, 
judicial processing of these cases has improved). 
 
 
 
¶E. To what extent does the government systematically 
monitor its anti-trafficking efforts (on all fronts -- 
prosecution, victim protection, and prevention) and 
periodically make available, publicly or privately and 
directly or through regional/international organizations, 
its assessments of these anti-trafficking efforts? 
 
 
 
The National Coordinator reported that his office is in charge 
of collecting all data related to prosecution, protection and 
prevention and periodically submits reports to the Prime 
Minister and international partners. 
 
 
 
II. INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
 
 
¶A. Does the country have a law specifically prohibiting 
trafficking in persons--both for sexual and non-sexual 
purposes (e.g. forced labor)?  If so, please specifically 
cite the name of the law and its date of enactment and 
provide the exact language of the law prohibiting TIP and 
all other law(s) used to prosecute TIP cases.  Does the 
law(s) cover both internal and external (transnational) 
forms of trafficking? If not, under what other laws can 
traffickers be prosecuted?  For example, are there laws 
against slavery or the exploitation of prostitution by 
means of force, fraud or coercion?   Are these other laws 
being used in trafficking cases?  Please provide a full 
inventory of trafficking laws, including non-criminal 
statutes that allow for civil penalties against alleged 
trafficking crimes, (e.g., civil forfeiture laws and laws 
against illegal debt). 
 
 
Post notes that due to the successful signing of the SAA with 
the EU, Montenegro will begin a process of harmonizing its 
legislation to meet EU legal standards.  As such the criminal 
code will over the next 18 to 24 months undergo a process of 
review and revision by EU legal experts.  As such many of the 
following codes will be amended to comply with EU directives on 
human trafficking. 
 
 
 
Montenegro's anti-trafficking law specifically prohibits 
trafficking in persons for the purposes of exploitation, sexual 
or non-sexual.  This law came into effect in April 2004, under 
article 444 of the Criminal Code. 
 
PODGORICA 00000075  005.2 OF 015 
 
 
 
 
 
Article 444, Paragraph 1 of the Criminal Code: 
 
 
 
Anyone who by force or threat, deceit or delusion, by abuse of 
authority, trust, relationship of dependency, difficulty of 
position of another person or by keeping identification papers 
or by giving or receiving money or other benefit for the purpose 
of obtaining consent of a person having control over another: 
recruits, transports, transfers, hands over, sells, buys, 
mediates the sale, hides or keeps another person for 
exploitation of work, submission to servitude, commission of 
crimes, prostitution or begging, pornographic use, taking away a 
body part for transplantation or for use in armed conflicts, 
shall be punished by imprisonment for a term of one to ten 
years. 
 
 
 
According to the National Coordinator, this provision covers 
both internal and transnational trafficking in persons. 
Statistics show that there is little internal trafficking in 
Montenegro; it tends to have an international character. 
Nevertheless, trafficking is punishable in Montenegro, even if 
only one of its phases occurred in Montenegro. 
 
 
 
The Montenegrin Criminal Code also prescribes penalties for 
trafficking in children for adoption (Article 445) and 
submission to slavery and transportation of enslaved persons 
(Article 446). Facilitation of prostitution by use of force, 
fraud or coercion is addressed in Article 444 of the Criminal 
Code.  If there is the use of force, fraud, or coercion, a 
person whose body is exploited for sexual purposes does not have 
any freedom to decide, so it is not a case of prostitution but 
human trafficking.  Article 112, Paragraph 1 of the Criminal 
Code provides that no one shall be allowed to retain any 
material gain obtained by a criminal offense.  The procedure for 
confiscating property acquired via illegal means is regulated by 
Montenegrin Criminal Procedure Law, articles 538 to 545. 
 
 
 
¶B. What are the prescribed penalties for trafficking 
people for sexual exploitation?  What penalties were 
imposed for persons convicted of sexual exploitation over 
the reporting period?  Please note the number of convicted sex 
traffickers who received suspended sentences and the number who 
received only a fine as punishment. 
 
 
 
Montenegro's trafficking legislation stipulates that those found 
guilty shall be punished by imprisonment for a term of one to 
ten years. 
 
A perpetrator of human trafficking, pursuant to Article 444 of 
the Criminal Code, cannot be punished via suspended sentence or 
a fine. 
 
 
 
¶C. Punishment of Labor Trafficking Offenses: What are 
the prescribed and imposed penalties for trafficking for 
labor exploitation, such as forced or bonded labor and 
involuntary servitude?  Do the government's laws provide 
for criminal punishment -- i.e. jail time -- for labor 
recruiters in labor source countries who engage in 
recruitment of laborers using knowingly fraudulent or 
deceptive offers that result in workers being trafficked in the 
destination country?  Are there laws in destination countries 
punishing employers or labor agents in labor destination 
countries who confiscate workers' passports or travel documents, 
switch contracts without the worker's consent as a means to keep 
the worker in a state of service, or withhold payment of 
salaries as means of keeping the worker in a state of service? 
If law(s) prescribe criminal punishments for these offenses, 
what are the actual punishments imposed on persons convicted of 
these offenses?  Please note the number of convicted labor 
 
PODGORICA 00000075  006.2 OF 015 
 
 
traffickers who received suspended sentences and the number who 
received only a fine as punishment. 
 
 
 
The Criminal Code makes no distinction between the criminal 
penalties for human trafficking for sexual exploitation and 
human trafficking for labor exploitation. 
 
 
 
¶D. What are the prescribed penalties for rape or 
forcible sexual assault?  How do they compare to the 
prescribed penalties for crimes of trafficking for 
commercial sexual exploitation? 
 
 
 
Under Article 204, paragraph 1 of the Criminal Code, rape 
carries a penalty of two to ten years imprisonment.   Aggravated 
rape carries a sentence of one to eight years. 
 
 
 
A prison term of three to fifteen years may apply in the 
following circumstances: 
 
 
 
a) if the criminal act is committed by several persons; 
b) if the criminal act is committed in an especially cruel 
manner; 
c) if the consequence of the act is pregnancy; 
d) if a victim is a minor; 
e) if severe bodily injury is inflicted on a victim. 
 
A perpetrator faces a sentence of five to eighteen years 
imprisonment if the victim is a child below 14 years of age or 
if the victim died. 
 
 
 
¶E. Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute 
criminalized?  Are the activities of the brothel 
owner/operator, clients, pimps, and enforcers criminalized? Are 
these laws enforced?  If prostitution is legal and regulated, 
what is the legal minimum age for this activity? Note that in 
many countries with federalist systems, prostitution laws may be 
under state or local jurisdiction and may differ among 
jurisdictions. 
 
 
 
Under Article 210, paragraph 1 of the Criminal Code, 
facilitation of prostitution is criminalized and is punishable 
by a fine or imprisonment not to exceed one year.  If the 
prostitution involves a minor, the perpetrator faces 
imprisonment for a term of one to ten years.  A person who 
prostitutes him/herself faces civil penalties in accordance with 
article 24, paragraph 1 of the Law on Public Peace and Order. 
 
¶F. Has the government prosecuted any cases against human 
trafficking offenders?  If so, provide numbers of 
investigations, prosecutions, convictions, and sentences 
served, including details on plea bargains and fines, if 
relevant and available.  Please indicate which laws were 
used to investigate, prosecute, convict, and sentence 
traffickers.  Also, if possible, please disaggregate by 
type of TIP (labor vs. commercial sexual exploitation) and 
victims (children, as defined by U.S. and international law as 
under 18 years of age, vs. adults).  Does the government in a 
labor source country criminally prosecute labor recruiters who 
recruit laborers using knowingly fraudulent or deceptive offers 
or impose on recruited laborers inappropriately high or illegal 
fees or commissions that create a debt bondage condition for the 
laborer?  Does the government in a labor destination country 
criminally prosecute employers or labor agents who confiscate 
workers' passports/travel documents, switch contracts or terms 
of employment without the worker's consent, use physical or 
sexual abuse or the threat of such abuse to keep workers in a 
state of service, or withhold payment of salaries as a means to 
keep workers in a state of service?  Are the traffickers serving 
 
PODGORICA 00000075  007.2 OF 015 
 
 
the time sentenced?  If not, why not?  Please indicate whether 
the government can provide this information, and if not, why not? 
 
 
 
The Ministry of Interior reported that in 2007, the Police 
Directorate filed two criminal charges for trafficking in human 
beings (Article 444 of the Criminal Code), against three 
perpetrators, for the trafficking of four persons. 
 
According to the Chief State Prosecutor's office, in 2007, two 
perpetrators committed the criminal act of trafficking in human 
beings and were convicted.  In media reports, three perpetrators 
were convicted for human trafficking under Article 444 of the 
Criminal Code and were sentenced to five years imprisonment, 
respectively. The Chief State Prosecutor's office stated that 
there are an additional seven indictments that have been filed 
and are still pending. 
 
The National Coordinator and the Chief State Prosecutor's office 
informed post that final data are not yet available and will be 
published in the government's annual report for 2007. 
 
 
 
¶G. Does the government provide any specialized training for 
government officials in how to recognize, investigate, and 
prosecute instances of trafficking?  Specify whether NGOs, 
international organizations, and/or the USG provide specialized 
training for host government officials. 
 
 
 
International organizations, normally through the National 
Coordinator's office and relevant ministries, have organized 
training workshops for judges, police officers, and others 
involved in anti-trafficking efforts, to discuss methods used to 
supress trafficking in human beings, prosecute perpetrators and 
protect the rights of the victims, including, also, protecting 
victims from the perpetrators. These training workshops enhanced 
cooperation with NGOs, relevant institutions and other elements 
of civil society. 
 
 
 
As part of the project "Capacity Building of Judges and 
Prosecutors in Montenegro in the Area of Fighting Trafficking in 
Human Beings", financed by the Italian Government, the Ministry 
of Justice and the International Organization for Migration, a 
manual was drafted to train judges and prosecutors, printed both 
in English and Montenegrin. The manual was intended to help 
judges and prosecutors in processing trafficking cases, 
including with the pretrial process, bringing indictments, and 
finally with trial and verdict. 
 
 
 
¶H. Does the government cooperate with other governments 
in the investigation and prosecution of trafficking cases? If 
possible, can post provide the number of cooperative 
international investigations on trafficking during the reporting 
period? 
 
 
 
Montenegro is developing its bilateral, regional and 
multilateral cooperation with other states in the 
anti-trafficking field.  Cooperation occurs between Montenegrin 
police and prosecutors and their counterparts from other 
countries. 
 
 
 
During training at the Police Academy, the police train and 
educate new police officers about the problem of human 
trafficking. The topic of human trafficking has been included in 
the regular curriculum of the Academy for all police officers 
through a number of subjects. 
 
 
 
Specialized workshops for the members of the criminal and border 
police have been organized in cooperation with the OSCE, ICITAP, 
 
PODGORICA 00000075  008.2 OF 015 
 
 
IOM, and UNDP. 
 
 
 
¶I. Does the government extradite persons who are charged 
with trafficking in other countries?  If so, can post 
provide the number of traffickers extradited during the 
reporting period?  Does the government extradite its own 
nationals charged with such offenses?   If not, is the 
government prohibited by law form extraditing its own 
nationals?  If so, what is the government doing to modify 
its laws to permit the extradition of its own nationals? 
 
 
The Montenegrin Constitution forbids the extradition of its 
citizens.  However, under the Extradition Law, Montenegro will 
extradite foreign nationals provided that the legal conditions 
are met. 
 
 
 
¶J. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional 
level?  If so, please explain in detail. 
 
 
 
Currently, there is no evidence of official involvement in human 
trafficking. 
 
 
 
¶K. If government officials are involved in trafficking, 
what steps has the government taken to end such 
participation?  Please indicate the number of government 
officials investigated and prosecuted for involvement in 
trafficking or trafficking-related corruption during the 
reporting period.  Have any been convicted?  What 
sentence(s) was imposed?  Please specify if officials 
received suspended sentences, were given a fine, fired, or 
reassigned to another position within the government as 
punishment.  Please provide specific numbers, if available. 
Please indicate the number of convicted officials that received 
suspended sentences or received only a fine as punishment. 
 
 
 
  There have been no cases of high ranking officials 
investigated for involvement in human trafficking since 2004. 
 
 
 
¶L. As part of the new requirements of the 2005 TVPRA, 
for countries that contribute troops to international 
peacekeeping efforts, please indicate whether the 
government vigorously investigated, prosecuted, convicted 
and sentenced nationals of the country deployed abroad as 
part of a peacekeeping or other similar mission who engage in or 
facilitate severe forms of trafficking or who exploit victims of 
such trafficking. 
 
This question is not applicable to Montenegro. 
 
¶M. If the country has an identified child sex tourism 
problem (as source or destination), how many foreign 
pedophiles has the government prosecuted or 
deported/extradited to their country of origin?  What are 
the countries of origin for sex tourists?  Do the country's 
child sexual abuse laws have extraterritorial coverage (similar 
to the U.S. PROTECT Act)?  If so, how many of the country's 
nationals have been prosecuted and/or convicted under the 
extraterritorial provision(s) for traveling to other countries 
to engage in child sex tourism? 
 
In September 2006, the OSCE Mission in Montenegro, the Ministry 
of Tourism and the National Coordinator's office launched a 
joint project entitled the "Public-Private Cooperation in the 
Prevention of Trafficking and Sexual Exploitation of Minors in 
the Travel and Tourism Industry."  According to the National 
Coordinator and NGOs, child sex tourism has not been reported as 
a problem in Montenegro. 
 
III. PROTECTION AND ASSISTANCE TO VICTIMS: 
 
PODGORICA 00000075  009.2 OF 015 
 
 
 
¶A. Does the government assist foreign trafficking 
victims, for example, by providing temporary to permanent 
residency status, or other relief from deportation?  If so, 
please explain. 
 
 
Since 2005, Montenegro has granted temporary residence status to 
trafficking victims for an interval of three months, six months, 
or one year, depending on the circumstances of the case. 
Montenegro will soon adopt a new Law on Foreigners, according to 
which victims of human trafficking will be given a privileged 
status that will enable them to get a temporary residence permit 
or permanent resident status in Montenegro.  Pursuant to the 
provisions of this law, the state institutions will provide 
victims with residence in a shelter, or other appropriate place 
to stay, for not more than three months. During their stay, 
foreigners will be provided with necessary medical, 
psychological and social assistance, as well as legal advice on 
their status. 
 
 
 
¶B.  Does the country have victim care facilities which 
are accessible to trafficking victims?  Do foreign victims have 
the same access to care as domestic trafficking victims?  Does 
the country have specialized facilities dedicated to helping 
victims of trafficking?  If so, can post provide the number of 
victims placed in these care facilities during the reporting 
period?  What is the funding source of these facilities?  Please 
estimate the amount the government spent (in U.S. dollar 
equivalent) on these specialized facilities dedicated to helping 
trafficking victims during the reporting period.  Does the 
government provide trafficking victims with access to legal, 
medical and psychological services?  If so, please specify the 
kind of assistance provided, and the number of victims assisted, 
if available. 
 
 
Montenegro has three shelters for victims of human trafficking. 
Two of the shelters -- run by "Montenegrin Women's Lobby" and 
"Safe Women's House" -- are "closed" shelters, meaning that the 
victims are under supervision 24 hours a day.  The third 
shelter, run by "Center Plus," is a transition home for victims 
of human trafficking. 
 
 
 
All expenses for the shelter run by the Montenegrin Women's 
Lobby are paid for out of the National Coordinator's budget, 
while other shelters are funded mostly by foreign donors. 
Trafficking victims are provided with medical, psychological and 
social assistance, as well as legal advice regarding their 
status. As stated above, only one trafficking victim was 
sheltered during 2007. 
 
 
 
¶C. Does the government provide funding or other forms of 
support to foreign or domestic NGOs and/or international 
organizations for services to trafficking victims?  Please 
explain and provide any funding amounts in U.S. dollar 
equivalent.  If assistance provided is in-kind, please specify 
exact assistance.  Please explain if funding for assistance 
comes from a federal budget or from regional or local 
governments. 
 
As stated above, the national government provides all funding 
for Montenegrin Women's Lobby, its designated shelter for 
trafficking victims, through the National Coordinator's budget. 
 
¶D. Do the government's law enforcement, immigration, and 
social services personnel have a formal system of 
proactively identifying victims of trafficking among high-risk 
persons with whom they come in contact (e.g., foreign persons 
arrested for prostitution or immigration 
violations)?   What is the number of victims identified 
during the reporting period?  Has the government developed and 
implemented a referral process to transfer victims detained, 
arrested or placed in protective custody by law enforcement 
authorities to institutions that provide short-or long-term 
care?  How many victims were referred for assistance by law 
enforcement authorities during the reporting period? 
 
PODGORICA 00000075  010.2 OF 015 
 
 
 
 
Early in 2007, as part of an overall plan to reorganize the 
police force, the separate anti-trafficking police team and 
powers were transferred to the organized crime department of the 
criminal police. Law enforcement personnel, including those at 
the borders, often lacked training in how to recognize 
trafficking operations. During the year, international 
organizations, with the cooperation of Montenegrin authorities, 
sponsored training on trafficking problems for police (including 
border police), prosecutors, and judges. 
 
The government has developed a referral process for transfer 
victims detained by law enforcement authorities.  Police contact 
the government sponsored shelter when a victim has been 
identified.  However, only one trafficking victim was identified 
during the reporting period. 
 
 
 
During 2007, three people, all Montenegrin citizens, were 
charged with human trafficking and facilitation in prostitution 
in two cases involving five victims.  One victim was a female 
national of Montenegro and others were female nationals of 
Serbia.  One victim was accommodated in the shelter run by 
Montenegrin Women's Lobby in Podgorica while the other victims 
were sent back, at their request, to Serbia. 
 
The table below contains official police statistics on the 
number of criminal charges for period 2004 - 2007: 
 
Human Trafficking and Smuggling, 2004 - 2007: 
 
Criminal Cases              2004   2005   2006  2007 
 
Human trafficking           6      5      1     2 
 
Facilitation in prostitution       3      2        3 
 
Trafficking in children                   1 
 
for adoption 
 
Employment on slavery grounds 
 
Illegal border crossings    10     5      7     10 
 
and human smuggling 
 
TOTAL                       19     12     9     15 
 
 
¶E. For countries with legalized prostitution:  does the 
government have a mechanism for screening for trafficking 
victims among persons involved in the legal/regulated 
commercial sex trade? 
 
Montenegro does not permit legalized prostitution, therefore, 
this question does not apply. 
 
¶F. Are the rights of victims respected?  Are trafficking 
victims detained or jailed?   If detained or jailed, for 
how long?  Are victims fined?  Are victims prosecuted for 
violations of other laws, such as those governing 
immigration or prostitution? 
 
 
According to the Chief State Prosecutor's office, victims of 
trafficking enjoy the maximum level of protection in Montenegro. 
 They are neither prosecuted nor detained.  Montenegro, through 
its designated trafficking shelter and government agencies, 
provides physical, psychological and social rehabilitation to 
human trafficking victims.  However, NGOs have reported that 
there is still a lack of sensitivity toward human trafficking 
victims, particularly within the judiciary, while the 
relationship with police has been successful. Officials claim 
that there are no recorded cases of victims of human trafficking 
being prosecuted for minor offenses or criminal acts related to 
illegal migration or prostitution. 
 
 
 
¶G. Does the government encourage victims to assist in 
 
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the investigation and prosecution of trafficking?  How many 
victims assisted in the investigation and prosecution of 
traffickers during the reporting period?  May victims file civil 
suits or seek legal action against traffickers?  Does anyone 
impede victim access to such legal redress?  If a victim is a 
material witness in a court case against a former employer, is 
the victim permitted to obtain other employment or to leave the 
country pending trial proceedings?  Are there means by which a 
victim may obtain restitution? 
 
According to the National Coordinator, the Law on Witness 
Protection provides for the protection of witnesses, including 
victims of human trafficking, by first, ensuring their physical 
protection, then, if necessary, relocating the witness, and 
finally, if all other measures prove inefficient, concealing the 
witness' identity, using altered personal documents. 
Specifically, Montenegro allows for the possibility of having a 
protected witness testify in court using a pseudonym or 
testifying with the assistance of technical equipment to 
disguise the witness' identity.  According to NGOs, the 
government should do more to encourage victims to assist in the 
investigation and prosecution of trafficking.  NGOs did praise 
the response of the police in human trafficking cases, however. 
All victims, to date, have given their statements to police. 
However, trafficking victims are not forced to participate in 
the investigation and/or prosecution of trafficking. Trafficking 
victims may file civil suits against traffickers or seek legal 
action against traffickers.  The access of victims to legal 
redress is not impeded.  A victim is permitted to obtain other 
employment or to leave the country pending trial proceedings. 
There were no cases in which a victim obtained restitution. 
 
¶H. What kind of protection is the government able to provide for 
victims and witnesses?  Does it provide these protections in 
practice?  What type of shelter or services does the government 
provide?  Are these services provided directly by the government 
or are they provided by NGOs or IOs funded by host government 
grants?  Does the government provide shelter or housing benefits 
to victims or other resources to aid the victims in rebuilding 
their lives? Where are child victims placed (e.g., in shelters, 
foster care, or juvenile justice detention centers)?  What is 
the number of victims assisted by government-funded assistance 
programs during the reporting period?  What is the number of 
victims assisted by non government-funded assistance programs? 
What is the number of victims that received shelter services 
during the reporting period? 
 
 
The government provides to potential victims of human 
trafficking adequate support and protection. In practice, this 
means that the potential victims of human trafficking, 
protectees residing in the government-funded shelter, are 
provided with medical, legal, psychological and other forms of 
support, including monitoring the victims throughout the 
criminal proceedings as well as through the process of 
reintegration. The government allocates the necessary financial 
resources to the shelter. 
 
 
 
¶I. Does the government provide any specialized training 
for government officials in identifying trafficking victims and 
in the provision of assistance to trafficked victims, including 
the special needs of trafficked children?  Does the government 
provide training on protections and assistance to its embassies 
and consulates in foreign countries that are destination or 
transit countries?  Does it urge those embassies and consulates 
to develop ongoing relationships with NGOs and IOs that serve 
trafficked victims?  What is the number of trafficking victims 
assisted by the host country's embassies or consulates abroad 
during the reporting period?  Please explain the level of 
assistance.  For example, did the host government provide travel 
documents for the victim to repatriate, did the host government 
contact NGOs in either the source or destination countries to 
ensure the victim received adequate assistance, did the host 
government pay for the transportation home for a victim's 
repatriation, etc. 
 
 
Training workshops have been organized for judges, police 
officers, and others involved in anti-trafficking efforts, to 
discuss methods used to supress trafficking in human beings, 
prosecute perpetrators and protect the rights of the victims, 
 
PODGORICA 00000075  012.2 OF 015 
 
 
including, also, protecting victims from the perpetrators. These 
training workshops enhanced cooperation with NGOs, relevant 
institutions and other elements of civil society. 
 
 
 
In 2005, as part of the project entitled "Capacity Building of 
Judges and Prosecutors in Montenegro in the Area of Fighting 
Trafficking in Human Beings", financed by the Italian 
Government, the Ministry of Justice and IOM, a manual was 
drafted to train judges and prosecutors, printed both in English 
and Montenegrin. The manual was intended to help judges and 
prosecutors in processing trafficking cases, including with the 
pretrial process, bringing indictments, and finally with trial 
and verdict. 
 
 
 
During training at the Police Academy, the police train and 
educate new police officers about the problem of human 
trafficking. The topic of human trafficking has been included in 
the regular curriculum of the Academy for all police officers 
through a number of subjects. 
 
 
 
Specialized workshops for the members of the criminal and border 
police have been organized in cooperation with the OSCE, ICITAP, 
IOM, and UNDP. 
 
 
 
¶J. Does the government provide assistance, such as 
medical aid, shelter, or financial help, to its nationals 
who are repatriated as victims of trafficking? 
 
There are no cases of repatriation. 
 
 
 
¶K. Which international organizations or NGOs, if any, 
work with trafficking victims?  What type of services do they 
provide?  What sort of cooperation do they receive 
from local authorities?  How much funding (in U.S. Dollar 
Equivalent) did NGOs and international organizations 
receive from the host government for victim assistance 
during the reporting period?  Please disaggregate funding 
for prevention and public awareness efforts from victim 
assistance funding.  NOTE:  If post reports that a 
government is incapable of providing direct assistance to 
TIP victims, please assess whether the government ensures 
that TIP victims receive access to adequate care from other 
entities.  Funding, personnel, and training constraints should 
be noted, if applicable.  Conversely, the lack of political will 
in a situation where a country has adequate financial and other 
resources to address the problem should be noted as well. 
 
 
 
International Organizations: 
 
 
 
-OSCE 
 
-IOM 
 
 
 
NGOs: 
 
-Montenegrin Women's Lobby 
 
-Safe Woman's House 
 
-Center Plus 
 
 
 
IV. PREVENTION: 
 
-- A. Does the government acknowledge that trafficking is a 
problem in the country?  If not, why not? 
 
PODGORICA 00000075  013.2 OF 015 
 
 
 
 
 
According to the National Coordinator, trafficking in human 
beings in Montenegro occurs on an exceptional basis and is most 
often associated with the facilitation of prostitution. There is 
one recorded case of trafficking in males for labor 
exploitation. 
 
 
¶B. Are there, or have there been, government-run anti- 
trafficking information or education campaigns conducted 
during the reporting period?  If so, briefly describe the 
campaign(s), including their objectives and effectiveness. 
Please provide the number of people reached by such awareness 
efforts if available.  Do these campaigns target potential 
trafficking victims and/or the demand for trafficking (e.g. 
"clients" of prostitutes or beneficiaries of forced labor)? 
 
 
 
During 2005, Save the Children, through its UK office, organized 
workshops for one third of all high schools and one quarter of 
all elementary schools. The workshops were aimed at introducing 
young people, ages 12 to 18, to the phenomenon of trafficking in 
children, and sought to educate them on how to recognize 
potential risks. The workshop results were gathered and a 
brochure was published. 
 
 
 
The government also sponsored a Directory of Institutions and 
Organizations involved in the Fight against Trafficking in Human 
Beings.  This document was published in early 2004 and revised 
in 2007. The new, updated version of Directory contains contact 
information for 24 institutions and organizations (governmental, 
non-governmental and international), and a brief description of 
their roles in the fight against trafficking. The Directory has 
been disseminated to all relevant parties involved in 
anti-trafficking activities, as well as to Montenegro's 
diplomatic and consular missions abroad. 
 
 
 
¶C. What is the relationship between government 
officials, NGOs, other relevant organizations and other 
elements of civil society on the trafficking issue? 
 
 
The National Coordinator has the overall lead in coordinating 
anti-trafficking efforts in Montenegro.  The National 
Coordinator is supposed to: 1) coordinate the activities of the 
relevant government institutions, international and 
non-governmental organizations as they seek to implement the 
National Anti-trafficking Strategy, aiming to protect victims, 
prevent human trafficking and prosecute the perpetrators; 2) 
participate at international 
conferences/seminars/roundtables/forums; and 3) monitor the 
implementation of the action plan and report to the Government 
of Montenegro. 
 
 
 
NGOs involved in combatting trafficking generally believe that 
the government underestimates the extent to which trafficking 
remains a problem in Montenegro. 
 
 
¶D. Does the government monitor immigration and 
emigration patterns for evidence of trafficking?  Do law 
enforcement agencies screen for potential trafficking 
victims along borders? 
 
In cooperation with border police, the Organized Crime unit of 
the police (which is responsible for investigating trafficking 
cases) monitors all immigration and emigration patterns, 
exchanges intelligence with other countries and conducts joint 
international investigations. 
 
¶E. Is there a mechanism for coordination and 
communication between various agencies, internal, 
international, and multilateral on trafficking-related 
matters, such as a multi-agency working group or a task 
 
PODGORICA 00000075  014.2 OF 015 
 
 
force?  Does the government have a trafficking in persons 
working group or single point of contact?  Does the 
government have a public corruption task force? 
 
 
As stated above,  the National Coordinator has the overall lead 
in coordinating anti-trafficking efforts in Montenegro.  The 
National Coordinator is supposed to: 1) coordinate the 
activities of the relevant government institutions, 
international and non-governmental organizations as they seek to 
implement the National Anti-trafficking Strategy, aiming to 
protect victims, prevent human trafficking and prosecute the 
perpetrators; 2) participate at international 
conferences/seminars/roundtables/forums; and 3) monitor the 
implementation of the action plan and report to the Government 
of Montenegro. 
 
 
 
There is a Project Board and an anti-trafficking Working Group. 
The Project Board, chaired by the National Coordinator, includes 
representatives of the police, the Government Office for Gender 
Equality, OSCE, Council of Europe, IOM, UNICEF, USAID, Save the 
Children, and two local NGOs, "Safe Women's House" and 
"Montenegrin Women's Lobby". The Project Board considers the 
current situation of human trafficking in Montenegro, exchanges 
information and establishes the guidelines for future 
activities.  The Working Group, also chaired by the National 
Coordinator, was formed to monitor and implement the national 
strategy.  The Working Group includes representatives, at the 
level of assistant ministers, of the Ministry of Health, Labor 
and Social Welfare, the Ministry of Justice, the Ministry of 
Education and Science, the Chief State Prosecutor's office, the 
police, OSCE, Council of Europe, IOM, and U.S. Embassy 
Podgorica, as an observer.  The Working Group previously met 
monthly to monitor progress in the implementation of the 
national strategy.  However, post noted that there has not been 
a single meeting during the reporting period. 
 
 
 
The Agency for the Anti-Corruption Initiative was formed to 
address corruption. 
 
 
 
¶F. Does the government have a national plan of action to 
address trafficking in persons?  If so, which agencies were 
involved in developing it?  Were NGOs consulted in the process? 
What steps has the government taken to 
disseminate the action plan? 
 
 
 
Montenegro adopted an Action Plan for the Fight against 
Trafficking in Human Beings, which defined obligations and 
goals, including precise timelines and the delegation of 
responsibility to specific organizations. NGOs were consulted in 
the process of forming the Action Plan.  However, implementation 
has not kept pace with NGO expectations. 
 
 
 
G: For all posts:  As part of the new criteria added to 
the TVPA's minimum standards by the 2005 TVPRA, what 
measures has the government taken during the reporting 
period to reduce the demand for commercial sex acts?   (see ref 
B, para. 9(3) for examples) 
 
 
 
There is a close connection between prostitution and trafficking 
in human beings for sexual exploitation.  During the reporting 
period, the police conducted a number of investigations of night 
clubs believed to be offering illicit sexual services.  During 
2007, the police filed charges of facilitation in prostitution 
in three cases against six persons, all Montenegrin nationals, 
under article 210 of the Criminal Code. 
 
 
NOMINATION OF HEROES AND BEST PRACTICES 
 
Post has no submissions for Heroes and for Best Practices at 
 
PODGORICA 00000075  015.2 OF 015 
 
 
this time. 
MOORE