Protest of 15 NGOs: Proposed amendments to the Criminal Code once again do not strengthen human rights protection in Montenegro

We protest because the recently published Draft Law on Amendments to the Criminal Code of Montenegro again does not contain changes important for the protection of human rights.

This is the second time in three months that the Ministry of Justice has ignored recommendations of the Committee against Torture (CAT), the Committee on the Rights of Persons with Disabilities (CRPD), the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), and those contained in the Universal Periodic Review (UPR) report for Montenegro, despite some of them dating back to 2014. Additionally, despite the announcement by the Minister of Justice, Andrej Milović, the possibility of introducing the criminal offense of Femicide has not been fully considered.

Ignoring these recommendations represents a failure in adequate protection of human rights and establishment of legal certainty, fails to meet the interim benchmarks for Chapter 23, and is not in line with the expected dynamics of reform processes that should bring the country closer to European Union membership.

Ministry of Justice concluded the Draft Law on Amendments to the Criminal Code after only two meetings of the working group, whose members were not consulted at all about the final version of the draft. This procedure raises serious doubts about the purposefulness of forming any working group and involving NGOs in the preparation of laws and strategies, i.e. decision-making processes. Additionally, the public discussion will last only 20 days – until 18 March – and without a roundtable discussion, which would enable broader discussions with relevant representatives of the Ministry of Justice.

It is particularly alarming that the Ministry of Justice explained the need for an accelerated procedure for the adoption of amendments by ‘work dynamics within Negotiating Chapter 23 and the fulfillment of Interim Measures’. However, out of five proposed amendments, only one has an impact on this chapter, while the others mainly relate to preventing money laundering and terrorist financing (Chapters 4 and 24).

On the other hand, for the process of improving fundamental rights, where Montenegro is required to align its legal framework with EU acquis and international standards, it was crucial to incorporate recommendations of, for example, the Committee Against Torture (CAT), the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the Committee on the Rights of Persons with Disabilities, which has not been done despite these bodies have been repeating them for years and non-governmental organisations continuously insist on them. The state is obliged to respect the recommendations of these bodies, as well as the obligations in the EU accession process.

Just 15 days ago, during the extraordinary visit of the CPT to Montenegro, Deputy Prime Minister Aleksa Bečić emphasised that ‘the Montenegrin government is currently taking concrete measures, such as amendments to the Criminal Code, aimed at strengthening the legal framework to combat torture and abuse.’ However, none of the Draft proposals refer to a fight against torture, although harmonising the definition of torture with the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, tightening penalty ranges, and excluding statutes of limitations for all acts of torture were requested during public consultations for its preparation. Our NGOs will reiterate the proposals presented to the Ministry of Justice and through the Working Group for the amendment of the Criminal Code at the public discussion. We expect the Government to ensure the urgent adoption of all recommendations of international institutions and bodies and enable Montenegro to progress in the negotiations for accession to the European Union.

Human Rights Action (HRA)
Spektra Association
Center for Democracy and Human Rights (CEDEM)
Center for democratic transition (CDT)
Centre for Civic Education (CCE)
Center for Investigative Journalism of Montenegro (CIN CG)
Centre for Monitoring and Research (CeMI)
Centre for the Development of Non-Governmental Organizations (CRNVO)
Women’s Rights Center (WCR)
LGBTIQ Association Queer Montenegro
Institute Alternative
Montenegro Media Institute
Juventas
Women’s Safe House
Association of Youth with Disabilities of Montenegro

E-Government Development: Weak Systems Despite Years of Investment

Software for State Asset Management was paid for a decade ago but was not developed according to specifications. Hackers allegedly “locked” the Open Data portal, prompting the Ministry of Public Administration to create a third version. The government is also developing a new electronic document management system because the old one does not support upgrades. LARIS, the Local Revenue Administration System, is still not used by all municipalities.

Registry Paid for, Then Abandoned

After nearly 15 years of ignoring regulations, in May last year, an inventory of land and buildings owned by Montenegro was completed, and an electronic database, the State Property Registry, was established. The software for this registry was paid for in 2014, costing nearly 200,000 euros, but the registry is still not functional as originally intended.

The inventory of state property does not yet include information about its value.

The State Property Registry has been a legal obligation established by the State Property Law since 2009. One of the requirements was the acquisition of an integrated information system for unified records of state property, with the goal of having an accurate overview of the status of all assets at any given time, both overall and by individual bodies, and to enable fast and efficient management of accurate and complete data.

For this task, the private company “Atos” from Belgrade, as the only bidder, was engaged following a tender issued in late October 2014. The Belgrade company was paid 199,800 euros for this job, and the deadline for fulfilling the contractual obligations was September 2015.

Koča Đurišić, who was the Director of the Cadastre and State Property Administration, said to “Vijesti” in March last year that upon taking over the Administration, he found nothing that the law required regarding the registry and that the software from 2014 “never became operational.”

Reports from the State Audit Institution (DRI) show that the system was not established as stipulated in the contract and that the Ministry of Finance did not sign any annexes to the contract after the deadline for fulfilling contractual obligations expired. In the final report on the audit of the management of the State Property Registry from 2023, the DRI noted that “the integrated information system SAP FI-AA module, by the completion of the audit process or June 2023, had not been established as defined in the project description and specification, which are part of the contract, and it was not possible for the Cadastre and State Property Administration and state bodies to operationally use it to the intended extent.”

Activities to improve the functionality of the IT solution for managing state property and the quality of data are planned as part of the Public Finance Management Reform Programme for 2022-2026. For this purpose, 500,000 euros from the Budget are allocated.

Open Data “on Pause” for Nearly Two Years

Over 33,000 euros have been invested since 2017 in the creation and maintenance of the Open Data Portal (data.gov.me), but no new data sets have been published since May 2022.

For various tasks—development, maintenance, and vulnerability analysis of the portal—three contracts were signed, the last one in 2021. However, since May 2022, nothing has happened on the data.gov.me website.

The Ministry of Public Administration has meanwhile announced the development of a new portal and stated that the ministry has expert assistance from Canadian experts hired by the National Democratic Institute (NDI) for this project. While no concrete decision has been made, the ministry mentioned in its response on February 22 that the project is in its initial phase.

“There is no concrete decision regarding the development of the portal because the need for the Open Data Portal arises from a large number of strategic documents that are part of the official policies of the Ministry of Public Administration,” said the Ministry.

The deadline for completing the new portal, they added, is by the end of the fourth quarter of this year.

The first contract, for the establishment of the Open Data Portal, was signed in 2017 with the company “Smart Tech” from Podgorica. The data.gov.me portal was presented in July of the following year.

The contract, valued at 14,042 euros (with VAT), was signed by the Secretary of the Ministry of Public Administration (MJU), Vesna Ćalović.

Two years later, the same firm was hired for the enhancement and maintenance of the portal for 14,497 euros (with VAT). The new contract was signed by the then-minister Suzana Pribilović.

In the documentation provided to the editorial team following a Freedom of Information (FOI) request, there is also a third contract signed in 2021 by the then-Minister of Public Administration, Digital Society, Culture, and Media, Tamara Srzentić, with the firm “Codingo.” The contract, as stated in the documentation, involved vulnerability analysis services for the Open Data Portal, including security improvements and addressing identified vulnerabilities. For this task, the firm “Codingo” was paid 4,501.20 euros (with VAT).

The Ministry, led by Maraš Dukaj in both the current and previous government, stated that this contract was concluded after “CEED Consulting” Ltd. from Podgorica conducted research for the ministry to identify the key deficiencies in the portal’s operation.

“As well as the missing sets of frequently used open data, clearly distinguishing between open data and data and information obtained in accordance with the Freedom of Information Act. Since it was not possible to redesign the portal, a new one was developed within the project, and the new portal was published on May 26, 2022, and configured on the MJU’s production server. It operated until the cyber-attack in late August 2022,” they explained.

However, the last data sets on data.gov.me were published three months before the cyber-attack. The Ministry of Public Administration did not explain what happened during those three months—why there were no new entries from May to August 2022.

According to data shared by the MJU after the cyber-attack, until that critical event, 20 institutions had published 197 data sets in 15 areas on data.gov.me. Although still publicly accessible, the Open Data Portal is non-functional and even offers a user registration option. When asked what this registration is for and how many users have registered, the Ministry of Public Administration briefly replied: “We do not have that information.”

Documents in Paper Still in Effect

For licenses and maintenance of the Electronic Document Management System (eDMS), according to contracts on the public procurement portal (cejn.gov.me), over 678,500 euros have been paid from 2017 through 2022.

These contracts were awarded to firms such as SRC System Integrations from Belgrade, as well as S&T Montenegro, Digit Montenegro, and Čikom from Podgorica.

A new contract was signed with Čikom in October last year, valued at 429,550 euros (including VAT). This contract was for the development and maintenance of the eDMS system, as well as for managing the process of electronic government sessions in Montenegro.

The Electronic Document Exchange System, as mentioned in annual reports from the Ministry of Public Administration and in the Montenegro Digital Transformation Strategy 2022-2026 from December 2021, is one of the key government services aimed at improving business processes by gradually transitioning from paper to electronic document management.

The goal of implementing this system was faster information exchange, reduced paperwork, and increased security in document storage.

The project was initiated by the then Ministry of Information Society and Telecommunications, led by Vujica Lazović, in October 2009, and the eDMS system was established in 2011.

According to the Information on eDMS approved by the Government in December 2023, the system has been implemented in 23 institutions.

The same document also states that the eDMS and the systems for managing electronic government sessions and digital document signing “operate on outdated platforms for which support has expired and which cannot be upgraded.”

“For this reason, new systems will be established, based on the most advanced technologies and in accordance with the best global practices and international standards governing this field and information security,” the document states.

The Government also mentioned in the same report that the establishment of the new system is planned for the first quarter of 2024.

LARIS Useful but Not Mandatory

In 2019, the Association of Municipalities and UNDP began working on the “Efficient and Transparent Local Self-Government” project, which developed LARIS, an integrated local revenue administration system.

UNDP issued a public call for the software development in May 2020, and the job, worth 148,725 euros, was awarded to the company “E Smart” from Serbia.

The Association of Municipalities stated that they engaged in the project “primarily because the State Audit Institution (DRI) had repeatedly pointed out the shortcomings of the municipalities’ software.”

When asked about the number of municipalities using LARIS, they did not provide precise data but stated that most municipalities use the software in full, some use it partially, and a few do not use it at all.

“This is because some municipalities had developed their own software previously. A unified software is not yet a mandatory requirement, but rather a matter of decision for each municipality and adherence to DRI’s recommendations,” they noted in their responses.

The DRI’s 2021 report on the thematic audit “Collection and Recording of Own Revenues in Local Self-Governments” indicated that special software used by some municipalities does not allow for the recording and separation of local public revenues by year and that in some municipalities, the software does not exist at all, with revenues recorded in Word or Excel.

“After reviewing the functionalities of LARIS, the DRI recommended all municipalities to use LARIS to simplify and improve the tax procedure, facilitate communication, and reduce taxpayer costs,” the DRI report states.

The Association of Municipalities said that this recommendation was accepted by some municipalities that had not used LARIS before. For instance, during 2023, the Municipality of Ulcinj became a user, while the Municipality of Bar showed interest in using the most modules.

Questions about whether they use LARIS were sent to all local self-governments. Responses were provided by the municipalities of Bijelo Polje, Cetinje, Rožaje, and Tivat.

Based on the responses, municipalities that use it are satisfied with the software, although they use it in different ways. They also mention that the software allows for networking with other public registries, which is important for calculating local revenues.

Tivat Offers Online Tax Payments

Among the municipalities using LARIS that provided a response, only Tivat offers citizens the option to pay services online.

“It is possible to pay property tax, tourist tax, and road fees online, but this does not rely on the LARIS programme. We will attempt to improve the online payment system in cooperation with LARIS in the future,” said the Municipality of Tivat.

The Municipality of Bijelo Polje stated that there is no interest from citizens for online payments.

“As for online payments, we do not practice them yet due to the lack of interest from citizens, as they prefer to make payments at our cash desk or with field workers responsible for collections,” said the Bijelo Polje Municipality.

The Municipality of Cetinje mentioned that online payment would be desirable and that it would be beneficial to connect the system with the electronic personal ID card (eLK) issued by the Ministry of the Interior for the past three years.

The Capital City did not respond to questions about the use of the LARIS system. A review of the platform, after login, shows that the online payment button exists but is not functional.

In the Information on the status of the project “eServices and Digital Infrastructure as a Response to COVID-19,” which was adopted by the Government on December 21 last year, it is mentioned that online property tax payment with the Capital City has been halted “until certain challenges arising from organisational changes at both local and central levels are overcome.”

Additionally, through the LARIS system of the Capital City, although the option exists for property tax, an electronic version of the solution cannot be obtained.

An electronic version of the solution can be obtained upon request via email.

For various activities carried out under the project “eServices and Digital Infrastructure as a Response to COVID-19,” the United Nations Development Programme (UNDP) in Montenegro, with the support of the European Union, allocated about 824,000 dollars over three years.

The project started in January 2021 and will end at the end of this year. By the end of last year, 622,880 dollars had been spent.

According to data from the UNDP Montenegro website, 92,875 euros were paid in 2021 for consulting services from CEED, which conducted the analysis of the Open Data Portal.

This investigative article was produced within the Project “Procurement under spotlight – Making Watchdogs Work!”, with the support of the Embassy of the Kingdom of the Netherlands in Serbia and Montenegro within the MATRA Rule of Law program. Project aims to empower and motivate watchdogs to combat corruption and undue influence in public procurement.

IA proposals for the improvement of the Work Plan of the Anti-Corruption Committee

After the meeting with the President of the Anti-Corruption Committee, today we have submitted written proposals for the improvement of the Work Plan of this Committee for 2024.

-We emphasised the importance of utilising the mechanism for reviewing quarterly reports of Agency for Prevention of Corruption, as well as periodic review of the results of the Supreme State Prosecutor’s Office and the Special State Prosecutor’s Office in the fight against corruption.
-It is necessary for the Parliament to institutionalise the consideration of citizen’s petitions, as well as enhance its legislative function by independently or jointl reviewing draft laws that are significant for the overall fight against corruption.
-Since 2014, Montenegro has lacked a strategic document in the field of anti-corruption, and action plans for Chapters 23 and 24 were formulated over a decade ago. Therefore, is it particularly important for the Committe to take a more active role in the long-awaited development of the Anti-Corruption Strategy.
-The Committee should consider the final report and recommendations based on the evaluation of the implementation of the United Nations Convention against Corruption (UNCAC), especially considering that is the only legally binding international anti-corruption multilateral treaty.
-The Committee should organise a consultative hearing to discuss the previous results of the work of the Anti-Corruption Department within the Ministry of the Interior, established in 2022. Among the responsibilities of this unit is, among other, monitoring the work within the ministry, including monitoring the assets, income, and lifestyle of police officers.
-Considering the underestimated role of inspections in preventing corruption and fighting against it, there is room for a more active role of the Committee in relation to processes in this area.

IA Team

Public Enterprises: A Task for Budgetary Inspection

On July 21, 2023, Institute Alternative submitted an initiative for the inspection of companies owned by the state and local government units regarding the violation of the Law on Salaries of Employees in the Public Sector.

Article 10 of the Law on Salaries of Employees in the Public Sector stipulates that companies owned by the state and local government units that incurred a loss in the previous year are required to reduce the total salary fund by 10% in the first year and an additional 5% in the following calendar year.

Based on publicly available data (financial reports of these enterprises available in the public records of the Revenue and Customs Administration), it is clear that some companies did not comply with this provision of the law, did not reduce the salary fund, and in some cases, significantly increased it. This applies to 21 companies at the central level and 48 companies at the local level (owned and/or founded by the local government).

Our initiative was included in the Budgetary inspection oversight plan that was adopted in January 2024 and officially published on the website of the Government of Montenegro on February 7, 2024. The work plan includes an overview of the subjects of supervision, areas of supervision, the time period of the oversight, and the schedule of the inspection for each inspector individually. In addition to planned regular oversights, Budgetary inspection will also conduct extraordinary inspections as ordered by the minister and based on reports, initiatives, complaints, and requests for inspection.

List of companies where violations of Article 10 of the Law on Salaries of Employees in the Public Sector have been registered.

Text was created within the project “Civil Society for Healthy, Effective, Sustainable, and Transparent Public Enterprises (BEST SOEs),” supported by the European Union, with co-financing from the Ministry of Public Administration. The content of the text is the sole responsibility of the Institute Alternative and does not necessarily reflect the views of the European Union and/or the Ministry of Public Administration.



IA representatives met with the President of the Anti-Corruption Committee

Milena Muk and Bojana Pravilović, representatives of Institute Alternative, presented proposals for improving the work of the Anti-Coruption Committee to the President of this working body, Jevto Eraković, at today’s meeting.

For years, Institute Alternative has been monitoring the work of the Parliament and its committees, and on this occasion, we have pointed out some of our recommendations that we advocate regarding the Anti-Corruption Committee, such as: renewing the initiated practice of reviewing quarterly reports on the work of the Agency for Prevention of Corruption, as well as utilising the opportunity for periodic review of the results of the Supreme State Prosecutor’s Office and the Special State Prosecutor’s Office, in the fight against corruption in accordance with the amendments to the Law on the State Prosecutor’s Office from 2021.

We also emphasised the need for the Anti-Corruption Committee to take a more active role in relation to the long-awaited development of the Anti-Corruption Strategy, as well as the consideration of reports and recommendations based on the evaluation of the implementation of the United Nations Convention against Corruption (UNCAC).

Considering the importance of the anti-corruption role of inspections, we announced that Institute Alternative will soon publish the results of our research on the effects of inspection services in high-risk corruption areas, which could be a stimulus for more effective parliamentary oversight in that area. We also reminded that the Anti-Corruption Unit has been active within the Ministry of the Interior for over a year, the results of which both the Parliament and the Committee can and should more proactively engage in considering.

Additionally, based on our recommendations, as well as the criticisms stated in the European Commission’s progress reports for Montenegro, we highlighted the need for the Parliament to institutionalise the consideration of petitions within Committees. Citizens have access to a form for submitting petitions, but there is a lack of definition of procedures and deadlines within which committees must consider them and provide a response.

IA Team

Without an HR plan, There is no Precise Data on the Police Directorate’s Personnel

It has been a month since the 2024 budget was adopted, so the Ministry of the Interior and other state bodies should already have prepared HR plans for the current year. The HR plan is an important document as it provides an overview of the number of employees in the ministry, including the Police Directorate, planned hiring, and projections on the number of those retiring.

There has been much public discussion about the large number of police officers who will retire under favourable conditions, and how Montenegro will face a shortage of police personnel. However, precise data is not available in public documents, and the personnel plan, which should offer insight into such data, has not been prepared for three years. At the beginning of December, Institute Alternative called on the Ministry of the Interior to start preparing this document on time and fulfill its legal obligation.

On the other hand, we do not have precise data on the number of employees. The number of employees is not included in the Ministry’s annual reports, nor is it found in key strategic documents, such as the “Human Resources Management Strategy in the Police Directorate 2019-2024” and the “Police Directorate Development Strategy 2023-2026.”

To make an overview of employees over the past six years, we had to consult five different sources. According to available data, the number of employees in the Police Directorate has varied from year to year, with the highest number of employees recorded in 2021. However, it is not known which positions experienced an increase, and whether it involved police personnel or an increase in administration. The list of employees provided to Institute Alternative does not cover the total number of employees in certain organisational units of the MUP, as these are classified, meaning the actual number of employees is higher than stated in the table.

According to the internal organisation and systematisation regulations of the Ministry of the Interior and the Police Directorate, which are publicly available, the number of positions has increased year by year. However, even these regulations do not provide complete data, as information for certain organisational units of the Police Directorate is classified.

Data sources: Plan for increasing the number of police officers for 2018, personnel plans of the Ministry of the Interior and the Police Directorate for 2019 and 2020, European Commission’s Report for 2021, list of employees for 2022 and 2023 obtained through the right to free access to information, and the Government’s Information on the overview of the situation in the Ministry as of October 2023.

Organisational units for which the number of systematised positions is unknown: Department for Special Investigative Methods, Department for Witness Protection, Department for Criminal Intelligence, Group for Combating Arms and Explosives Smuggling and Crimes Against Other Goods Protected by International Law, Financial Intelligence Sector, and part of the Counterterrorism Unit.