Montenegro

NGO REPORT ON VIOLENCE AGAINST WOMEN - MONTENEGRO

 

Vanja Mikulic, National UN Volunteer
SOS Hotline for Women and Children Victims of Violence Podgorica  

I INTRODUCTION

Montenegro is very patriarchal society that highly respects established traditional norms of behavior, and women are in unequal, submissive and subordinated position in regard to men. Since this community is in the postwar recovery and transition process, it is confronting with violence dramatic growth. In present patriarchal context, it is easy to assume that the increased rage is most frequently directed to women. Violence against women presents deeply rooted problem, and lack of the adequate response from the state institutions further more stresses this problem. Again, there has been some kind of opening of institutions toward NGO sector during a couple of past years - long term work, cooperation with institutions and educative programs, have resulted with direct influence to more quality work of institutional officials, starting specific positive changes in legislation and practice, as well as in relationship of community toward those endangered with violence. Unfortunately, community’s willingness on changes, showed through establishment of new policies, is still more formal than essential. Besides, there are no special statistics on interventions or analyses of successfulness/unsuccessfulness of some measures in system’s institutions. With this, the problem of VAW is being minimized and the illusion is created that community is doing everything possible to protect endangered women.

II DATA AND STATISTICS

Besides existing as needed services for women survivors of violence, importance of women’s NGOs in Montenegro is enormously important due to the lack of any kind of official data regarding violence against women:

  • Book “Violence in family”, author Jelena Radulovic, published by SOS hotline for women and children victims of violence Podgorica, in Podgorica, 2003. This book is the only one scientific study regarding this issue, presents data about frequency and types of violence against women and children in Montenegrin families. First chapter shows results of the empirical research on the topic Violence in Family that covered 500 polled women; second chapter shows data obtained from abused women who called NGO SOS hotline Podgorica during the period 1999-2000; third chapter shows data obtained from abused women who called all SOS hotlines in Montenegro in 2001; and forth chapter presents informator about women’s rights, and current legislation (Attachment 1).
  • Survey “Monitoring of Enforcement of the Article 220 of the Criminal Law of the Republic of Montenegro”, authors Biljana Zekovic and Jelena Radulovic, published by SOS hotline for women and children victims of violence Podgorica, in Podgorica, 2005. SOS hotline Podgorica, with its partners’ organizations SOS hotlines from Bar and Berane started an initiative for “Monitoring of enforcement of the article 220 of the Criminal Law of the Republic of Montenegro”, which treats domestic violence as a criminal act. Data are related to monitoring of enforcement of this article within Courts and Security Centers in 9 Montenegrin municipalities, to the analysis of the level of beneficiaries’ satisfaction/dissatisfaction of obtained services in institutions mentioned above and for the period 1. 01. 2004 – 31. 12. 2004 (Attachment 2).
  • “Research on Position of Roma Women in Niksic”, conducted and published by Center for Roma Initiatives in Niksic, 2005. This research gave clear picture of Roma women regarding their social economical conditions, customs and tradition, spare time, education and family and marriage (Attachment 3).
  • Data received from NGO Montenegrin Women’s Lobby, which is running Shelter for the victims of sex trafficking are in processing and yet not published, but are very important. In 2004, this Shelter had 10 protégées for the period March, 16 – December, 31 2004; and for the period January, 1 – October, 13 2005 number of protégées is 26 (Attachment 4). 
  • The newest findings and statistic from NGO Shelter for women victims of violence Podgorica has not been published yet - starting from August, 3 1999 till October, 1 2005, there were 912 persons (women and children victims of domestic violence, women from refugee camps, single mothers, victims of sex trafficking) placed in the Shelter. The duration of their placement is from 1 day till 18 month.
  • SOS Hotline Podgorica is preparing publication which will contain data obtained from women who called NGO SOS hotline Podgorica during the period 2002-2004 (there were 711 clients, victims of violence, in total); as well as data obtained from women who called SOS hotlines in Niksic, Bar, Rozaje, and Plav for the period 2002-2004 (these hotlines registered 1018 clients in total).

III BEST PRACTICE EXAMPLES

  1. Network of SOS Hotlines in Montenegro (2001-present)

Network of SOS Hotlines for women and children victims of violence (Podgorica, Niksic, Pljevlja, Ulcinj, Bar, Rozaje, Plav, Berane, and Bijelo Polje) has been created in due to awareness of need for mutual support in regard with common goals and tasks. The Network has been established in January, 2001 and operates at the territory of Montenegro. Every NGO SOS Hotline, as a member of this Network, is an autonomous independent group dealing with problem of violence against women and children, and as main activities operates SOS hotline for women and children survivors of violence (every day from 5 p.m. till 9 p.m.), mediates between victims of violence and governmental institutions, provides free legal and psychological help. Network runs common actions and campaigns, projects, trainings for public officials dealing with the problem of VAW, trainings for women’s NGOs, etc.

1.  Campaign against Amnesty Law for the perpetrators of rape, statutory rape against disabled persons and debauchery against juveniles (2000-2002)

NGOs Center for girls “Ksenija” and SOS Hotline Podgorica initiated the campaign against Amnesty Law for the perpetrators of rape, statutory rape against disabled persons and debauchery against juveniles, aimed to exclude those persons from all Amnesties in the future. At the beginning of the campaign, these two NGOs submitted amendment proposal to the Government aimed to act in the Parliament in the sense of passing the amendment for exclusion of the law article which includes perpetrators of sexual offenses, but it was rejected. After that, the constitutional mechanism of petition was used, based on which approximately 10 000 signatures were collected with the help of many NGOs, especially women’s NGOs, from the territory of whole Montenegro. Collected signatures in the form of petition went into Parliament procedure, but again this was rejected since the Amnesty Law is ad hoc Law. Even if the Law could not have been changed because all perpetrators already have been amnestied, the new, even better solution has been brought which is that all perpetrators of above mentioned sexual offenses will be excluded from all future Amnesty Laws. This was successfully implemented in practice through last 2 Amnesty Laws which did not cover these perpetrators. 

2. Development of “The Rulebook for jobs conducting and discovering criminal acts of violence in family and protection of domestic violence victims” (2003-2004)

Since the Ministry of Interior is one of the most important institutions for providing help to abused women and children during the phase of acute violence in family, it is very important that the police officials have correct attitude toward the problem of violence and its actors. This was the reason why SOS hotline Podgorica, in cooperation with the Ministry of Interior, started an initiative for development of the Rulebook for police officers as a protection model aimed to determine a) obligations of each participant (institutions, bodies, some experts) who are complementary; b) standards and criteria for putting in practice appropriate interventions, and c) protocols of work on concrete cases of domestic violence.    

3.  Signing of Memorandum of Cooperation and establishment of multi-disciplinary teams at municipal level in 5 municipalities (2003-2004)

Signing of Memorandum of Cooperation among SOS hotlines and relevant institutions, and forming of multidisciplinary teams, create the conditions for successful elimination of violence against women. The present multidisciplinary teams are the starting force and, at the time, the only relevant recourses on which future programs could be based, as the reform of entire system in the process of strengthening and protection of victims survivors of violence. Mission of multi-disciplinary team is reducing the violence against women, children and elderly in local communities through more effective cooperation among competent institutions (Ministry of Interior, Courts, Prosecutor’s Office, Centers for Social Work, Local Governments and Health Institutions) and NGOs, solving of concrete cases of violence, initiating of amending the laws and its enforcement in practice, as well as increasing the level of public awareness about the importance of violence as social problem.  

4.  Establishment of the Office for Domestic Violence within Police in Niksic municipality (2003)

Upon signing the Memorandum of Cooperation and Understanding between SOS hotline Niksic and Police Department in Niksic in October 2003, and by lobbing the key persons in the police, SOS hotline Niksic initiated establishment of Office for Domestic Violence. With the approval from the Minister of the Ministry of Interior, for the first time in Montenegro the Office for Domestic Violence has been established within Police Department in Niksic in December 2004. Office for Domestic Violence has its phone line, officials on duty, and police inspector in charge for domestic violence cases. SOS hotline Niksic has developed special form for the need of this Office with the aim of detailed monitoring and recording the cases of domestic violence. Besides, SOS hotline Niksic has developed propaganda material in order to introduce local inhabitants that domestic violence is a criminal act, and which was distributed by traffic police officers.        

5.  Introducing the topic “Violence in Family” in Official Training Course for police inspectors (2003-2004)

After positive training experiences with police officials on the topic “Violence in family”, as well as with students from the Police High School, which significantly made an impact on their better understanding of the problem, change their attitudes toward abused women and gave them a knowledge to act more effectively, SOS Hotline Podgorica succeeded in lobbing within the Ministry of Interior for introducing the topic “Violence in Family” in Official Mandatory Training Course for all police inspectors (lecturers are members of SOS Hotline Podgorica).

IV KEY ISSUES

In spite of existing state institutions, media, NGOs and large number of employed officials in these institutions, data on violence against women clearly imply on inefficiency in solving this problem.  Following key issues have been recognized:    

  • Lack of adequate legal regulation - Even if domestic violence is stated by the article 220 - of the Criminal Code, it is not adequately implemented, and generally enforcement of present and new laws and policies is in the context of custom and common laws. Besides, it is not possible to provide victim of violence with immediate protection since we do not have special protective measures as are restraining order, refrain from abuse, mandatory psycho-social treatment and similar orders. Further more, we do not have Law on protection from domestic violence, neither do Family Courts.   
  • Lack of adequate services, support services and shelters for women and children survivors of violence;
  • Unprofessional relation of institutions toward violence and inadequate protection  (uncoordinated work and redirecting responsibilities); disregarding of the legal regulations and making decisions based on personal convictions, attitudes and prejudices, preferential treatment; inertia of institutions related to enforcement of decisions in effect which brings to longing and inhuman process, where the victim wanders from one to another institution);
  • Large number of women is, after the divorce, faced with the problem of division of marital goods, transferring the property and loading the real-estates, which all imply on presence of economical violence and women’s poverty;
  • Sexual violence and its tolerance;
  • Women are not familiar with women human rights and possibilities for obtaining these rights.

V KEY RECOMMENDATIONS

During the development of National Action Plan (NAP) for the achievement of Gender Equality in Montenegro which was coordinated by Gender Equality Office of the Government of Montenegro and financialy supported by UNIFEM and UNDP Liason Office in Podgorica, 11 women’s NGOs collected data through seminars/workshops/round tables and defined priority problems that should be solved. The expert work of NAP is in final phase and among others the following strategic goals for the future work came out:

  • Prevention of violence;
  • Improvment of legal protection for victims of violence;
  • Research and gathering data on cases of harassment, sexual harassment and sexual abuse;
  • Prevention of trafficking in persons;
  • Education on UN Resolution 1325.