State bodies have to protect its opponents

Regarding the statement of the organizing committee of the conference “Word, Image and the Enemy”, followed by feature within “Minut, dva” show on TV Pink M and text in “Pobjeda”, which attempts to label the executive director of the CCE, Daliborka Uljarević, as a terrorist only because she warned of the possibility that protests, such as those in Bosnia and Herzegovina, may occur also in Montenegro, we condemn this act and request that the responsible state authorities for protection of human rights act and prevent drawing a target to opponents as well as attacks that are announced and encouraged at the expense of freedom of expression in Montenegro.

Text of the previously mentioned press statement of the organizing committee of conference “Word, Image and the Enemy” represents the latest attempt to intimidate non-governmental organizations in Montenegro and other critics of the authorities. In Montenegro there is a continuous campaign being conducted to prepare the Montenegrin public for violence against non-governmental organizations and other opponents of the ruling politicians and state officials. There is a persistent effort to convince the public that the key non-governmental organizations and their leaders are “criminals,” “thieves,” “violent,” “war instigators” and that therefore one should fight them. Although we are aware that activists of non-governmental organizations as public figures are required to have a higher degree of tolerance for criticism, the latest reaction to the views of Daliborka Uljarević, in which she is extremely inappropriately being accused for “war propaganda,” we perceive as announcement of confrontation, after the media, also with the key representatives of non-governmental organizations.

By this joint statement we want to clearly underline that for all eventual attacks, due to various forms of pressure so far, we hold accountable the Government of Montenegro, because it is obliged to ensure everyone a safe environment for freedom of expression, regardless of political stance, and it especially must refrain itself from implementation of threatening campaigns that lead to endangering the citizens and their human rights. The campaign, which is continuously being conducted via daily “Pobjeda”, which is in majority state-ownership, the television PINK M and the conference “Word, Image and the Enemy”, in whose managing board are even two representatives of the Government – from the Ministry for Human and Minority Rights – Irena Bošković and from the Ministry of Culture – Željko Rutović, obviously represents implementation of determined plan of intimidating the leading non-governmental organizations and other critics of the situation in the country, which, as it appears to be, is supported by the Government.

We urge state authorities, primarily the Government of Montenegro, namely, Minister for Human and Minority Rights Suad Numanović and Minister for Culture Branislav Mićunović, as well as the Ombudsman, to condemn the attacks coming from bodies and media in which the representatives of the Government are and which the Government is financing. The absence of a clear distancing and condemnation of the campaign of organizers of conference “Word, Image and the Enemy” and the state’s “Pobjeda” against the Constitution guaranteed right to freedom of expression will mean an additional call for attacks on non-governmental organizations and other critics of situation in the society or government policy.

1. Ana Novaković, Executive Director, Centre for Development of NGOs (CRNVO)

2. Zlatko Vujović, President of Governing Board, CEMI

3. Stevo Muk, President of Governing Board, Institute Alternative

4. Marina Vujačić, Executive Director, Association of Youth with Disabilities of Montenegro

5. Milan Šaranović, Director General, Centre for Anti-Discrimination EKVISTA

6. Ivana Vujović, Executive Director, Juventas

7. Danijel Kalezić, President of Governing Board, Queer Montenegro

8. Ljupka Kovačević, Coordinator, Centre for Women and Peace Education ANIMA

9. Ljiljana Raičević, President, Women Safe House

10. Sabina Talović, Executive Director, Bona Fidae

11. Tea Gorjanc Prelević, Executive Director, Human Rights Action

12. Maja Raičević, Executive Director, Women Rights Centre

13. Goran Đurović, member of the Council of Radio and Television of Montenegro

The institutional framework for investigations of corruption and organized crime – Comparative models

Although the issue of fight against corruption and organized crime is one of the most common topics in the Montenegrin public discourse, during the 2013th included, the Progress Report of the European Commission on Montenegro continues to record the same serious concerns for the situation in this area. The idea of reorganization and establishment of the independent Office of the Special Prosecutor for the Suppression of Corruption on High Levels and Organized Crime came from Miroslav Lajčak, Minister of Foreign Affairs of Slovakia. This proposal was endorsed by the Government of Montenegro, which announced its plan to establish the Special Prosecutor’s Office modeled on the Croatian Uskok.

Following the indicators of the need for further reform of the institutional framework for investigations of corruption and organized crime in Montenegro, it is our intention with this study to provide alternatives and models for improving cooperation and efficiency of all stakeholders, especially the Prosecution and the Police. Bearing that in mind, we analyzed and indicated the problems and lessons learned from five countries’ institutional frameworks: Bulgaria, Lithuania, Macedonia, Romania and Serbia. The conclusions we reached became additionally actualized with the beginning of work of the Government’s working group for drafting special legislation, which will regulate the jurisdiction and organizational structure of the State Prosecution for dealing with cases of organized crime and corruption.

The study consists of two parts – the first includes a summary of the recommendations relevant for the Montenegrin context, with special emphasis on the examples of good practices of the Special Prosecutor’s Offices, while the second part presents in greater detail the institutional frameworks of the five aforementioned countries, providing an overview of all authorities with investigative powers in cases of corruption and organized crime.

The study in front of you “The institutional framework for investigations of corruption and organized crime – Comparative models” was created as part of the project of Institute Alternative dedicated to strengthening inter-institutional cooperation in the criminal justice system of Montenegro. The project was supported by the Bureau of International Narcotics and LawEnforcement Affairs (INL) of the State Department through Embassy of the United States in Montenegro within the “Criminal Justice Civil Society Program”.

The research was conducted from July to November 2013. We owe special gratitude for the information provided to the following institutions: Embassies of Bulgaria and Romania to Montenegro, which acted as mediators in the communication with relevant authorities of these countries; Romanian Ministry of Foreign Affairs and Directorate for Investigating Organized Crime; Lithuanian Institute of Law and the Police Department under the Ministry of the Interior of the Republic of Lithuania; as well as the Special Prosecutor’s Office for Organized Crime of the Republic of Serbia.

The institutional framework for investigations of corruption and organized crime – Comparative models

Although the issue of fight against corruption and organized crime is one of the most common topics in the Montenegrin public discourse, during the 2013th included, the Progress Report of the European Commission on Montenegro continues to record the same serious concerns for the situation in this area. The idea of reorganization and establishment of the independent Office of the Special Prosecutor for the Suppression of Corruption on High Levels and Organized Crime came from Miroslav Lajčak, Minister of Foreign Affairs of Slovakia. This proposal was endorsed by the Government of Montenegro, which announced its plan to establish the Special Prosecutor’s Office modeled on the Croatian Uskok.

Following the indicators of the need for further reform of the institutional framework for investigations of corruption and organized crime in Montenegro, it is our intention with this study to provide alternatives and models for improving cooperation and efficiency of all stakeholders, especially the Prosecution and the Police. Bearing that in mind, we analyzed and indicated the problems and lessons learned from five countries’ institutional frameworks: Bulgaria, Lithuania, Macedonia, Romania and Serbia. The conclusions we reached became additionally actualized with the beginning of work of the Government’s working group for drafting special legislation, which will regulate the jurisdiction and organizational structure of the State Prosecution for dealing with cases of organized crime and corruption.

The study consists of two parts – the first includes a summary of the recommendations relevant for the Montenegrin context, with special emphasis on the examples of good practices of the Special Prosecutor’s Offices, while the second part presents in greater detail the institutional frameworks of the five aforementioned countries, providing an overview of all authorities with investigative powers in cases of corruption and organized crime.

The study in front of you “The institutional framework for investigations of corruption and organized crime – Comparative models” was created as part of the project of Institute Alternative dedicated to strengthening inter-institutional cooperation in the criminal justice system of Montenegro. The project was supported by the Bureau of International Narcotics and LawEnforcement Affairs (INL) of the State Department through Embassy of the United States in Montenegro within the “Criminal Justice Civil Society Program”.

The research was conducted from July to November 2013. We owe special gratitude for the information provided to the following institutions: Embassies of Bulgaria and Romania to Montenegro, which acted as mediators in the communication with relevant authorities of these countries; Romanian Ministry of Foreign Affairs and Directorate for Investigating Organized Crime; Lithuanian Institute of Law and the Police Department under the Ministry of the Interior of the Republic of Lithuania; as well as the Special Prosecutor’s Office for Organized Crime of the Republic of Serbia.

IA at the parliamentary hearing on the Law on Budget and Fiscal Responsibility

At the meeting held today, the Committee on Economy, Finance and Budget began working on the Bill on Budget and Fiscal Responsibility.

The Bill on Budget and Fiscal Responsibility is one of the most important legal documents the Parliament will decide on until the end of this year.

Standpoint of Institute Alternative is that the novelties the Bill contains will improve the Law currently in force. Nevertheless, many provision remained ambiguous, while there was no significant progress in certain areas and some “problematic” areas are completely ignored.

The viewpoint on this Bill put forward by Institute Alternative focuses on transparency and accountability in the budget cycle, with particular emphasis on strengthening parliamentary control of the budget. At the today’s meeting, representative of Institute, Marko Sošić, drew attention of the Committee members to our main observations which include the following: unmodified budget calendar, exclusion of the Parliament from the important stages of the budget cycle, the way offense liability and inspection supervision are defined, as well as undermined financial autonomy of independent control institutions.

Institute Alternative already pointed out to these issues during public hearing on the Budget Draft, but the law drafters did not show understanding for our key proposals. We will continue working on this issue in order to amend shortcomings of this Bill in cooperation with the Committee on Economy, Finance and Budget.

Press Release: Legal framework for PPPs and concessions to be urgently enhanced

„Government’s 2014 Agenda does not mention the planned adoption of the Law on Public Private Partnerships, although it is necessary to regulate this area in accordance with the guidelines of the European Union” – said Jovana Marović, PhD, at today’s press conference of Institute Alternative.

Marko Sošić and Jovana Marović presented the new analysis of Institute Alternative, as well as recommendations for enhancement of legal and institutional framework for public-private partnerships in Montenegro.

They pointed out to the existing trend in most countries in transition in the last ten years to adopt special legal framework for public-private partnerships. The already adopted laws for the area of concessions proved insufficient for introducing public-private partnerships, while the usage of other legal regulations led to necessity of enhancing and integrating regulations into a single legal act.

On the other hand, in Montenegro there are currently more than 40 sectoral laws regulating cooperation between public and private sector in carrying out public services. However, there is no legal act regulating the area of public-private partnerships, nor has the institutional framework for implementation of PPPs been established. Therefore, there is no authority which would approve, provide assistance in project preparation, or perform monitoring of contracts.

“The level of knowledge in the area of concessions at the state and the local level is very low”, said Marović. Coordination between the state and local government authorities is poor, as well, which results in municipalities not adopting annual plans for concessions, despite having that obligation under the Law on Concessions.

The analysis pointed out to the lack of “logic” in implementation of projects in the area of public-private partnership as another limiting factor hindering their more intensive use. Furthermore, planning, concluding and monitoring PPP contracts requires special knowledge and skills when compared to the preparation of traditional projects and public procurement.

System of charging of concessions implemented by the Ministry of Finance and the Department of Public Revenues is ineffective. Debts on behalf of the concessionaires increase every year, and this debt in January 2013 amounted to €12 million.

Institute Alternative considers it necessary to precisely determine assignment of authorities and responsibilities between the state and local governments, which will enable local authorities to monitor expiration of concession fees and realistically assess revenues on annual and long-term basis.

The new analysis of Institute Alternative on public-private partnerships was created within the project “Towards better regulation of public-private partnerships and concessions in Montenegro”, which is supported by the European Union through the IPA Civil Society Facility, and through the Balkan Civil Society Development Network – BCSDN. The project included research and analysis of the legal framework for these areas in selected countries in transition, with special focus on reports of relevant institutions on the implementation of PPPs in Montenegro thus far, with recommendations for improvement of existing conditions.