 | | Map of Serbia and Montenegro |
Population of women: 50,2%
Life expectancy of women: 76,27
% of women among adults with HIV/AIDS: 22,22%
Female illiteracy: 9,74%
Secondary school enrollment of girls: 50,55%
Women in workforce: 43%
Unemployment of women: 56,7%
Parliament seats occupied by women: 10,66%
Women in ministerial-level positions: 12,5%
last updated November 11, 2004
Contributed by: SOS Hotline for Women and Children Victims of Violence, Montenegro National Violence Against Women Monitor.
Background information
Montenegro was a constituent Republic of the Federal Republic of Yugoslavia (FRY) until February 2002, when the FRY was dissolved and Montenegro became a constituent Republic of the State Union of Serbia and Montenegro (SaM).
Montenegro has a population of approximately 686,000 people, including refugees and displaced persons from Kosovo. Like Serbia, Montenegro has a president and a parliamentary system of government. On 11 May 2004, Filip Vujanovic was elected President of Montenegro. The political scene in Montenegro was dominated by two major coalitions, one led by Prime Minister Milo Djukanovic of the Democratic Party of Socialists (DPS) and another led by opposition leader Predrag Bulatovic of the Socialist People's Party.
Domestic violence and discrimination against women continued to be problems. Some discrimination persisted, particularly with regard to Roma. Trafficking in women and children for sexual exploitation continued to be a problem.
Equality
The 2003 Constitutional Charter provides various guarantees to its citizens of their human rights. Article 9 states that both member states are to regulate, ensure and protect human and minority rights and civil liberties. Article 8 provides for the Charter of Human and Minority Rights and Civil Liberties to be adopted and constitute part of the Constitutional Charter. The Charter of Human and Minority Rights and Civil Liberties provides equality before the law and equal protection without discrimination (Article 3). Article 3 also prohibits direct and indirect discrimination based on protected grounds, including gender. The Constitution of the Republic of Montenegro states that all citizens are free and equal regardless of personal attributes, and everyone is equal before the law (Article 15). Article 17 states that, "Everyone is entitled to an equal protection of his freedoms and rights in the procedure prescribed by law."
Montenegro is a mostly patriarchal society, where women are generally in an unequal, submissive and subordinate position with regard to men. Women constitute approximately 50% of the population, but are not represented in all levels of decision–making. The primary role of women is as caretakers in the family, to raise children, and to do household jobs. Professional engagement of employed women is not a priority, and women’s salaries are qualified as additional income for the family budget.
Domestic Violence
According to the U.S. Department of State, one-half of all women were victims of physical or emotional abuse. According to the SOS hotline for women and children victims of violence Podgorica, the number of clients calling the SOS hotline from 1997 till 2003, was as follows:
- Over seven years, there were 3,480 calls;
- 1,641, of which 1,319 were women, clients of both sexes called SOS hotline;
- 127 callers reported only physical violence;
- 136 callers reported only emotional abuse;
- 12 callers reported both sexual and physical violence;
- 54 callers reported economic violence;
- 426 callers reported both emotional and physical violence;
- 267 callers reported physical, emotional and economic violence;
- 66 callers reported economic, emotional and sexual violence.
Article 220 of the Criminal Code punishes violence in the family by a fine or imprisonment up to one year. If a weapon is used to carry out the violence, the prison sentence ranges from three months to three years’ imprisonment. Serious bodily injury or death as a result of the violence increases the prison sentence to five and twelve years, respectively. According to the U.S. Department of State, the victim is not required to file a complaint for prosecution to occur, and some prosecutions did take place in 2003.
Employment and sexual harassment
Women constitute 43% of employed persons, a statistic which is decreasing. Even though women do not lag behind men in terms of education and educational achievements, women are primarily employed in the service-provider areas of health, social protection, and education, all of which are lower paying jobs. In terms of power distribution, in accordance with attitudes and opinions of patriarchal culture, women have an unimportant role. Employed women are very rare in leadership positions, although they possess high professional abilities. It can be said that women are in an equal position with men in accordance with the current legislation, but it is quite opposite in practice. During the period of intensive social, economical and political crises, women found themselves in the most difficult situation. During the period of transition, women lost their jobs much easier then men, and women hardly could find new employment. Due to those reasons, women were forced to work in the black market and accept any employment, regardless of their educational background. This situation at times endangered their physical and moral integrity. Women constitute the poorest part of the total population. As a result, women, especially those who are uneducated and economically dependent, are exposed to different forms of discrimination and violations of women’s human rights. Women, in general, are unfamiliar with their rights and the state’s obligations for their protection. There are no laws that prohibit sexual harassment. However, Article 207 of the Criminal Code prohibits sexual intercourse through abuse of position. Prison sentences range from three months to three years.
In the social-political arena, women have low participation, particularly in leadership positions. The Parliament of the Republic of Montenegro is only 10.66% female. Within the Government of the Republic of Montenegro, there are two female Ministers. Also, the Montenegrin Academy of Sciences and Arts has only one female member.
Sexual Assault
Rape is punished under Article 204 of the Criminal Code. Any person who forces another to engage in sexual intercourse or other similar act, by coercion or threat of death or other physical injury, may be punished by a prison sentence of two to ten years. Sexual intercourse by threat to honor or dignity may also be punished by one to eight years’ imprisonment. The prison sentence increases to a maximum sentence of eighteen years if specific aggravating factors are present. Other provisions of the Criminal Code also punish sexual offences, including sexual intercourse with a juvenile (Article 206), sexual intercourse by abuse of position (Article 207), other punishable sexual acts (Article 208), and the procurement and permitting of such sexual abuse (Article 209). Spousal rape is also an offense under the Criminal Code.
Trafficking in Persons
Trafficking is prohibited under Article 444 of the Criminal Code, which states that anyone who canvasses, transports, submits, sells, buys, participates in, hides or keeps another person for the purposes of forced labour, slavery, performing criminal offence, prostitution or begging, usage in pornographic purposes, organ transplantation or armed conflict by force or threat, bringing into delusion or keeping in the delusion, abuse of permission, trust, subordinate position, difficult status of the another person, keeping an identification card or giving or receiving the money or other benefit, for the purposes of getting consent from the person who controls the other person, shall be punished from one to ten years imprisonment. If the offence results in serious bodily injury or death, the maximum prison sentence increases to twelve years. The Republic of Montenegro has also established an Anti-Trafficking in Persons Strategy, which addresses the prosecution, protection and prevention of trafficking in persons. It sets forth means of combating the problem, such as public awareness campaigns, educating officials, law enforcement, medical personnel, and organizations, assisting and protecting victims, gathering statistics, disciplining and/or prosecuting corrupted public officials, and reforming laws to conform to international standards.
In 2002, authorities made several arrests of traffickers in Montenegro, including Deputy State Prosecutor Zoran Piperovic, over the rape and torture of a Moldovan trafficking victim. According to the U.S. Department of State, the Podgorica Municipal Court Investigative Judge Ana Vukovic recommended indictments for four government officials after a four-month long investigation. Nevertheless, Podgorica Prosecutor Zoran Radonjic dismissed the charges due to insufficient evidence. The dismissals were widely criticized by the international community, and the Council of Europe and Organisation for Security and Cooperation in Europe conducted an investigation and issued a report including recommendations on the matter in September 2003. The government issued a reponse in October 2003. Government actions, including the non-renewal of the Minister of Internal Affairs' (who authorized Piperovic's arrest) mandate, the departmental transfer of the anti-trafficking police chief, and the dissolution of the anti-trafficking police unit that arrested the suspects, raised questions regarding the government's focus on trafficking. Nevertheless, the government has fired Deputy State Prosecutor Zoran Piperovic, Piperovic's supervisor State Prosecutor Bozidar Vukcevic and Podgorica Prosecutor Zoran Radonjic.
Young women in Montenegro are educated, talented, emancipated and ready to conitrbute toward the achievement of a democratic society. However, patriarchal heritage does not allow women to find adequate employment, apply their professional talents and enjoy the same rights as men. Women in Montenegro still do not have the same oppportunities as men. Women’s NGOs are one of the most important factors for the situation improvement. |
 | | | | | | | Commentary on Draft Domestic Violence Law | | To view and/or contribute comments on the Montenegro Draft Law on the Protection from Violence in the Family, please click here. |
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