Montenegro
Mine Ban Policy
Mine Ban Policy
Montenegro deposited its instrument of succession to the Mine Ban Treaty on 23 October 2006, becoming a State Party on 1 April 2007.[1] Montenegro has not enacted new legislation to implement the Mine Ban Treaty, but instead relies on existing laws. Montenegro’s Article 7 reports have all declared that the requirements of Article 9 (national implementation measures) have been fully implemented.[2]
In 2011, Montenegro submitted its fifth Mine Ban Treaty Article 7 report, covering calendar year 2010.[3]
Montenegro attended the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010, as well as intersessional Standing Committee meetings in June 2011.
Montenegro is party to the Convention on Conventional Weapons, but has not ratified Amended Protocol II on landmines and Protocol V on explosive remnants of war.
Use, production, transfer, stockpiling, and destruction
In 2007, Montenegro reaffirmed earlier reports that the former state of Serbia and Montenegro did not produce any type of landmine after 1990.[4] Montenegro has also confirmed that there are no facilities for mine production on its territory.[5] In the past, the former Serbia and Montenegro stated several times that mine exports halted in 1990.[6]
On 16 May 2007, Montenegro and Serbia completed the destruction of the last of their stockpiled antipersonnel mines in advance of their respective deadlines of 1 April 2011 and 1 March 2008.[7] In total, Montenegro transferred 199,387 mines to Serbia for destruction, including approximately 40,000 after independence.[8]
Montenegro has not retained any mines for training purposes.[9]
[1] On 3 June 2006, Montenegro ended its union with Serbia and became independent. It was accepted as a member of the UN on 28 June 2006. The former state of Serbia and Montenegro had acceded to the Mine Ban Treaty in September 2003.
[2] Mine Ban Treaty Article 7 Reports, Form A, October 2007, 2008 (for calendar year 2007), and 2009 (for calendar year 2008). The 2008 and 2009 reports include excerpts from the Criminal Code of Montenegro (2003 and 2004) on “use of forbidden means of combat” and the “manufacture of forbidden weapons,” citing relevant penal sanctions. The 2009 report also refers to Article 25 of the “Law on Army of Montenegro,” which states that the military must function in the framework of international law and that military personnel must be equipped in accordance with international conventions.
[3] Previous reports were submitted in 2010, in 2009, October 2007 and in 2008 (for calendar year 2007). The initial report consisted of a single page, with one or two sentences for each form, and the period covered was not specified.
[4] Interview with Vice-Admiral Dragan Samardzic, Deputy Chief of General Staff, Armed Forces of Montenegro, Podgorica, 15 March 2007; and see also Landmine Monitor Report 2006, p. 634.
[5] Mine Ban Treaty Article 7 Report, Form E, October 2007; and Mine Ban Treaty Article 7 Report (for calendar year 2007), Form E.
[6] Letter from Maj.-Gen. Dobrosav Radovanovic, Assistant Minister of Defense, Sector of International Military Cooperation and Defense Policy, Ministry of Defense, 29 January 2003; and see also Landmine Monitor Report 2002, p. 789.
[7] After its independence, Montenegro continued to participate in the stockpile destruction process initiated by the former Serbia and Montenegro in 2005 as a project of the Ministry of Defense and the NATO Maintenance and Supply Agency (NAMSA). For details, see Landmine Monitor Report 2007, pp. 522–523.
[8] Email from Graham Goodrum, Technical Officer, NAMSA, 25 June 2007. This included the following antipersonnel mines: 109,003 PMR-2; 42,081 PMA-3; 20,926 PMA-1; 20,448 PMA-2; 5,929 PROM-1; and 1,000 PMR-3. The mines came from army stockpiles in Danilovgrad, Nikšić, Opatovo, Petrovići, Podgorica, and Sasovići.
[9] Mine Ban Treaty Article 7 Report, Form D, October 2007; and Mine Ban Treaty Article 7 Report (for calendar year 2007), Form D.
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
|
Convention on Cluster Munitions status |
State Party |
|
Participation in Convention on Cluster Munitions meetings |
Attended Second Meeting of States Parties in Beirut, Lebanon in September 2011 and intersessional meetings in Geneva in April 2012 |
|
Key developments |
|
Policy
The Republic of Montenegro signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 25 January 2010. It was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010.
Montenegro has reported that it considers existing national legislation as sufficient to implement the convention.[1]The Ministry of Foreign Affairs has statedthat Article 9 of the country’s constitution stipulates that ratified and announced international treaties and generally accepted rules of international law are an “integral part of the domestic legislation, and have supremacy over domestic legislation and are directly implemented when dealing with issues differently than domestic legislation.”[2]
Montenegro submitted its initial Convention on Cluster Munitions Article 7 report on 27 January 2011.[3]As of 1 June 2012, Montenegro had yet to submit its second annual Article 7 report, due 30 April 2012.[4]
Montenegro participated actively in the Oslo Process thatled to the creation of the convention.[5] Since 2008, it has continued to engage in the work of the convention.Montenegro attended the convention’s Second Meeting of States Parties in Beirut, Lebanon in September 2011, the intersessional meetings of the convention in Geneva in April 2012,
At the April 2012 intersessional meetings, Montenegro again confirmed its commitment to the principles of the convention, and said it fully supports universalization efforts and effective implementation of the convention.[6]
Montenegro participated in a regional workshop on the implementation of the Convention on Cluster Munitions held by the Regional Arms Control Verification and Implementation Assistance Centre and the Croatian Ministry of Foreign and European Affairs in Rakitje, Croatia from 16-18 May 2012.
Montenegro has expressed its views on a number of important issues relating to the interpretation and implementation of the convention. On the issue of the prohibition on assistance with prohibited acts in joint military operations with states not party, Montenegro has elaborated its understanding that “the participation in the planning or conducting of operations, exercises or any other military activities by the armed forces of Montenegro, or by any of its nationals, if carried out in conjunction with armed forces of the non-State Parties to the Convention on Cluster Munitions, which engage in activities prohibited under the Convention, does not in any way imply an assistance, encouragement or inducement as referred to in subparagraph 1(c) of the Convention.”[7] Montenegro has also stated that it “does not intend to invest in the production of cluster munitions.”[8]
Montenegro is a party to the Mine Ban Treaty.
Montenegro is a party to the Convention on Conventional Weapons (CCW) and attended the CCW’s Fourth Review Conference in Geneva in November 2011, but did not actively engage in the negotiations on cluster munitions. The Review Conference ended without reaching agreement on the draft protocol, thus concluding the CCW’s work on cluster munitions.
Use, production, transfer, and stockpiling
Montenegro is not known to have used cluster munitions, but cluster munitions were used by NATO forces in air strikes on Serbian and Montenegrin military positions during the Kosovo conflict in 1999.In January 2011, Montenegro confirmed that there were no cluster munition production facilities in Montenegro.[9]
Montenegro inherited a stockpile of BL-755 cluster bombs upon the dissolution of the State of Serbia and Montenegro.[10]On 5 October 2010, Montenegro completed the destruction of its entire stockpile of cluster munitions. The stockpile of 353 BL-755 cluster bombs containing a total of 51,891 MK1 submunitions was dismantled and then destroyed over a two-year period at facilities near the town of Nikšićas part of a technical agreement with the United States (US) for the disposal of surplus weapons and ammunition.[11]
According to its initial Article 7 report, Montenegro has not retained any cluster munitions for training and research purposes.[12] Previously, in April 2010, the Ministry of Foreign Affairs said that Montenegro had no intentions of retaining any cluster munitions.[13]
[1] It reported that after ratifying, the convention “became an integral part of the criminal legislation of Montenegro.” Convention on Cluster Munition Article 7 Report, Form A, 27 January 2011.
[2]The ministry also cited two articles from the Statute Book of Montenegro as relevant to implementation of the convention: Article 432 (“Use of unlawful means of combat”) and Article 433 (“Illegal production of weapons forbidden to be used”), both of which contain penal sanctions. Response to Monitor questionnaire byMajaBoskovic, Ministry of Foreign Affairs, 16 April 2010.
[3] The report covers the period from 1 August 2010 to 27 January 2011.
[4] Montenegro submitted its initial Convention on Cluster Munitions Article 7 report on 27 January 2011, covering the period from 1 August 2010 to 27 January 2011.
[5]For detail on Montenegro’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning ClusterMunitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 121–122.
[6] Statement by PredragRakočević, Advisor, Ministry of Defence, Convention on Cluster Munitions Intersessional Meetings, Geneva, 16 April 2012.
[7]Letter from Ambassador MiloradŠćepanović, Permanent Representative of Montenegro to the UN in New York, on behalf of the Ministry of Foreign Affairs and European Integrations, Podgorica, to Mary Wareham, Senior Advisor, Arms Division,HRW, 4 May 2011, no. 0715-42/3-2. The Ministry of Foreign Affairs expressed this view previously to the Monitor in April 2010, stating that “participation in planning or implementation of operations, exercise or other military activities by the armed forces of Monte Negro, performed in joint actions with armed forces of states not parties to the CCM, undertaking in activities prohibited by the CCM, are by itself not assistance, encouragement or initiative [sic] in accordance with Article 1, par (c) of the Convention.” Response to Monitor questionnaire byBoskovic, Ministry of Foreign Affairs, 16 April 2010.
[8]Letter from Amb.MiloradŠćepanović, on behalf of the Ministry of Foreign Affairs and European Integrations, Podgorica, to Wareham, HRW 4 May 2011, no. 0715-42/3-2.
[9] Convention on Cluster Munition Article 7 Report, Form E, 27 January 2011.
[10] During the Berlin Conference on the Destruction of Cluster Munitions, Montenegro confirmed that it had 353 BL-755 CBU in its stockpiles from the former Yugoslav People’s Army.Statement of Montenegro, Berlin Conference on the Destruction of Cluster Munitions, 25 June 2009. See also, South Eastern and Eastern Europe Clearinghouse for Control of Small Arms and Light Weapons, “Ammunition Technical Assessment of Montenegro (First Edition),” 4 March 2007, p. 39. The BL-755 cluster bombs were produced by the United Kingdom.
[11]For a description of the destruction process see CMC, Cluster Munition Monitor 2011(Ottawa: Mines Action Canada, October 2011), pp. 138-140,http://bit.ly/KnN00G. See also: Convention on Cluster Munitions Article 7 Report, Form B, 27 January 2011.
[12] Convention on Cluster Munition Article 7 Report, Form C, 27 January 2011.
[13] Response to Monitor questionnaire byBoskovic, Ministry of Foreign Affairs, 16 April 2010.
Mine Action
Contamination and Impact
Montenegro became contaminated with mines and explosive remnants of war (ERW), mainly unexploded ordnance (UXO), as a result of conflicts during the break up of the former Socialist Federal Republic of Yugoslavia in the 1990s.[1]
Mines
It was reported in the press in November 2007 that Montenegro had become the first Balkan country to be cleared of mines.[2] Its Mine Ban Treaty Article 7 report for 2008 stated “there are no areas under Montenegro’s jurisdiction or control in which anti-personnel mines are known or suspected to be emplaced.”[3] However, Montenegro still had to survey a mountainous area on its borders with Croatia and Bosnia and Herzegovina (BiH) to clarify if contamination on the Croatian side of the border also affects Montenegro.[4] As of July 2012, Montenegro had not formally declared completion of its Article 5 obligations.[5]
Cluster munition remnants
Contamination includes cluster munition remnants left after NATO air strikes on Serbian and Montenegrin military positions in 1999. The residual problem consists of unexploded BLU-97 submunitions, mainly located on and around Golubovci airfield, near the capital Podgorica. Covering an estimated 250,000m2,[6] contamination is said to affect four villages around the airport.[7] During explosive ordnance disposal (EOD) response, one unexploded submunition was found and destroyed in 2011 and two in 2010.[8]
Montenegro’s initial Convention on Cluster Munitions Article 7 report affirmed that, as of 27 January 2011, “according to our data there are no contaminated areas in Montenegro.”[9] In July 2011, however, the director of the Regional Centre for Divers’ Training and Underwater Demining (RCUD) confirmed that unexploded submunitions had been found in the area, most recently in 2007 during an EOD response after two cows had been injured.[10]
A technical survey of the area was planned to start in 2007 but was postponed to 2009[11] and as of July 2012 RCUD said the plan had still not attracted donor support.[12] In 2009, officials said that cultivated land in the area had been cleared and was safe for use, but noted that the edges of the land had not been cleared and might still pose a threat to the population.[13] RCUD said that the clearance which had been conducted was not in accordance with humanitarian standards.[14]
In April 2012, Montenegro informed States Parties to the Convention on Cluster Munitions that it was contaminated by cluster munition remnants left over from conflict in the 1990s and claimed that clearance since 1999 of “several locations” had not been conducted “fully according to humanitarian mine action standards.” Montenegro planned to conduct survey of the areas “in the coming period” to identify the size of the contaminated areas, but provided no further details.[15]
Other explosive remnants of war
Another area of approximately 30,000m2 around Golubovci airfield is suspected to be contaminated by UXO (up to 1m below the surface) from munitions fired during aviation exercises by the military of former Yugoslavia. The local population is said to be aware of the possible threat but still uses the area.[16]
The Bojana river, which represents the natural border between Montenegro and Albania, is suspected to be contaminated by both UXO and abandoned explosive ordnance. The river is used by small boats and its bank by border police. Montenegro’s Adriatic coast is also contaminated with underwater UXO left by World Wars I and II and the 1991–1995 conflict in former Yugoslavia. The precise location of residual underwater contamination remains unknown, although two bays are known to be affected.[17]
Mine Action Program
The Ministry of Internal Affairs and Public Administration established a Department for Emergency Situations and Civilian Safety in 2007. It lacks human resources and equipment, however, because of a shortage of funds and because responsibility for EOD remained with the police.[18] Police set up an EOD team that currently has three trained members who conduct demolitions.[19]
RCUD has continued its role as the national mine action center.[20] RCUD was set up in 2002 by the government, which assigned the Ministry of Internal Affairs and Public Administration to “develop [the center’s] organization and its specification.”[21] It describes itself as a “public institution and has status of a legal entity realizing independently its functions assigned by the [government].”[22]
Montenegro said in 2008 that it would clarify roles and responsibilities in mine action, but as of June 2012 it had not completed the process.[23] In May 2010, however, the government approved regulations drawn up by the Ministry of Interior that identified units engaged in mine action/EOD and set out the scope of their responsibilities.[24] The government continues to provide in-kind support to mine action in the form of office space and office running costs as well as RCUD staff salaries. [25]
Montenegro did not draw up a strategic mine action plan due to the relatively small extent of its mine problem.[26] Since 2009, RCUD has been planning to give priority to general and technical surveys of suspect land around the military airport at Golubovci and the Bojana river, as well as the mountainous area on the border with Croatia and BiH referred to above, which may still be contaminated with antipersonnel mines. However, none of the planned surveys has taken place, due to lack of funds.[27]
Land Release
Montenegro has not reported any mine clearance on land since 2008, but RCUD has conducted offshore clearance. [28]
RCUD has 10 accredited deminers for both underwater and land demining.[29] The Department for Emergency Situations and Civilian Safety has only one EOD team with three personnel, including one technician with a university degree and two with secondary school diplomas. [30]
Summary of clearance
|
Year |
Mine clearance (m²) |
Battle area clearance (m²) |
|
2008–2011 |
0 |
0 |
|
2004–2007 |
78,028 |
394,700 |
|
2003 |
241,000 |
0 |
|
1999–2002 |
0 |
0 |
|
Totals |
319,028 |
394,700 |
Survey in 2011
Montenegro has planned general and technical surveys of suspect land around the military airport at Golubovci and the Bojana river since 2009, but has not yet conducted them, citing lack of funding.[31] In 2010, RCUD had initial discussions with the Albanian Mine Action Center and Albanian military on cooperating in underwater clearance of the river, which is suspected to be contaminated with UXO in both countries[32], but no clearance was undertaken during 2011.[33]
RCUD has said it planned to seek funding through the European Union’s Instrument for Pre-accession Assistance and for survey and clearance of mines and underwater UXO to be conducted in cooperation with the Croatian Mine Action Center (CROMAC) in order to find solutions for hazards on both sides of the border.[34] CROMAC confirmed to Landmine Monitor that survey is planned in cooperation with Montenegrin local communities in the suspected areas.[35]
Mine clearance in 2011
No mine clearance was reported in Montenegro during 2011.[36]
Compliance with Article 5 of the Mine Ban Treaty
Under Article 5 of the Mine Ban Treaty, Montenegro is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 April 2017. Officials stated publicly in November 2007 that Montenegro was free of mines, but the Ministry of Foreign Affairs has not formally declared completion of its Article 5 obligations and has not said when it plans to do so.[37]
Clearance of cluster munition contaminated areas in 2011
Montenegro did not report any clearance of cluster munition contaminated area in 2011, although one unexploded submunition was destroyed during EOD response. Also, RCUD reported that in July 2012 it found and destroyed two unexploded submunitions in the course of underwater clearance of three tons of UXO in the Zeta river in Podgorica.[38]
Compliance with Article 4 of the Convention on Cluster Munitions
Under Article 4 of the Convention on Cluster Munitions, Montenegro is required to complete clearance of all areas affected by cluster munition remnants under its jurisdiction or control by 1 August 2020.
Montenegro has yet to conduct a survey of cluster contamination that would identify the extent of its Article 4 obligations.[39]
Battle area clearance in 2011
Montenegro did not report any onshore battle area clearance in 2011. [40]
RCUD underwater deminers conducted 14 clearance tasks in 2011 in response to information from the population, clearing an area of 30,000m2 and disposing of 1,300kg of UXO, mostly hand grenades and unexploded bombs. Three teams of four deminers conducted those tasks along the Montenegrin coastline, from Ulcinj to Herceg Novi. The UXO items they found were destroyed by the police EOD department.[41]
In the first six months of 2012, RCUD underwater teams worked on clearance of 8,000m2, finding and destroying a total of four tons of different UXO.[42]
Explosive ordnance disposal in 2011
The Department for Emergency Situations and Civilian Safety has reported finding and destroying a total of 6 tons of UXO during 121 EOD response tasks in 2011. Items destroyed in these operations included antivehicle mines, antipersonnel mines, unexploded submunitions, air bombs, antiship torpedoes, grenades, rockets, bullets, fuzes, and detonators.[43]
Quality management
Quality control of the underwater operations is conducted internally by RCUD staff in accordance with the SOPs developed in compliance with IMAS.[44]
Safety of demining personnel
No demining incident or accident was reported in 2011.[45]
Risk Education
No risk education was conducted during 2011.[46]
[1] Interview with Veselin Mijajlovic, Director, Regional Centre for Divers’ Training and Underwater Demining (RCUD), Bijela, 14 March 2007.
[2] “Montenegro is the only one without mines in Balkans,” Pobjeda (Montenegrin daily newspaper), 8 November 2007; “Montenegro cleared,” Dan (Montenegrin daily newspaper), 9 November 2007; and interview with Veselin Mijajlovic, RCUD, Podgorica, 16 March 2008.
[3] Mine Ban Treaty Article 7 Report (for calendar year 2008), Forms C and I. Montenegro’s subsequent Article 7 reports state “no change.”
[4] Email from Veselin Mijajlovic, RCUD, 29 July 2012, and interview, Podgorica, 18 February 2009.
[5] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[6] “Field of Golubovac, Reconnaissance, Survey, and Removal of Cluster Bombs, Estimated Expenses,” Podgorica, 21 February 2009, received by email from Veselin Mijajlovic, RCUD, 26 March 2009.
[7] Interview with Borislav Miskovic, Head of EOD team, Montenegrin Police Force, Podgorica, 16 March 2008.
[8] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[9] Convention on Cluster Munitions Article 7 Report (for the period 1 August 2010 to 27 January 2011), Form F.
[10] Telephone interviews with Veselin Mijajlovic, RCUD, 19 and 25 July 2011.
[11] Ibid., 17 June and 19 July 2011; and interviews with Veselin Mijajlovic, RCUD, Podgorica; and with Borislav Miskovic, Montenegro Police Force, Podgorica, 16 March 2008.
[12] Email from Veselin Mijajlovic, RCUD, 29 July 2012, and telephone interview, 25 July 2011.
[13] Interview with Veselin Mijajlovic, RCUD, Podgorica, 18 February 2009; and telephone interview with Borislav Miskovic, Montenegrin Police Force, 18 February 2009.
[14] Email from Veselin Mijajlovic, RCUD, 29 July 2012, and telephone interview, 25 July 2011.
[15] Statement of Montenegro, Convention on Cluster Munitions Intersessional Working Group on Clearance and Risk Reduction, Geneva, 17 April 2012.
[16] Email from Veselin Mijajlovic, RCUD, 29 July 2012, and interview, Podgorica, 18 February 2009.
[17] Email from Veselin Mijajlovic, RCUD, 29 July 2012, and telephone interview, 17 June 2011.
[18] Telephone interview with Zoran Begovic, Assistant to the Minister, Ministry of Interior Affairs and Public Administration, 21 June 2011; and email, 8 April 2010; and interview with Borislav Miskovic, Montenegrin Police Force, Podgorica, 16 March 2008.
[19] Email from Zoran Begovic, Ministry of Interior Affairs and Public Administration, 28 June 2012.
[20] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[21] Sluzbeni list RCG (Official Gazette of Montenegro), No. 66, pp. 28–32.
[22] See RCUD, www.rcudme.info.
[23] Email from Veselin Mijajlovic, RCUD, 29 July 2012; telephone interviews with Zoran Begovic, Ministry of Interior Affairs and Public Administration, 21 June 2011, and email, 8 April 2010; telephone interview with Veselin Mijajlovic, RCUD, 17 June 2011; and interview with Maja Boskovic, Third Secretary, Department for UN and Other International Organizations, Multilateral Sector, Ministry of Foreign Affairs, Podgorica, 18 March 2008.
[24] “Pravilnik o unutrasnjoj organizaciji i sistematizaciji Ministarstva unutrasnjih poslova i javne uprave,” Podgorica, 12 May 2010, mup.gov.me.
[25] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[26] Interview with Veselin Mijajlovic, RCUD, Podgorica, 18 February 2009; and see “Montenegro is the only one without mines in Balkans,” Pobjeda, 8 November 2007; “Montenegro cleared,” Dan, 9 November 2007.
[27] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[28] Ibid.
[29] Ibid.
[30] Email from Zoran Begovic, Ministry of Interior Affairs and Public Administration, 28 June 2012.
[31] Email from Veselin Mijajlovic, RCUD, 29 July 2012; telephone interviews with Veselin Mijajlovic, 30 March 2010; and with Borislav Miskovic, Montenegrin Police Force (retired), 30 March 2010.
[32] Telephone interviews with Arben Braha, Director, Albanian Mine Action Executive, 19 July 2011; and with Veselin Mijajlovic, RCUD, 17 June 2011.
[33] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[34] Ibid., and telephone interview, 17 June 2011.
[35] Interview with Miljenko Vahtaric, Assistant Director, CROMAC, Sisak, 1 March 2012.
[36] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[37] Telephone interview with Stanica Andjic, Department for UN and Other International Organizations, Multilateral Sector, Ministry of Foreign Affairs, 21 June 2011; “Montenegro is the only one without mines in Balkans,” Pobjeda, 8 November 2007; “Montenegro cleared,” Dan, 9 November 2007.
[38] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[39] Ibid.
[40] Ibid.
[41] Ibid.
[42] Ibid.
[43] Email from Zoran Begovic, Ministry of Interior Affairs and Public Administration, 28 June 2012.
[44] Email from Veselin Mijajlovic, RCUD, 29 July 2012.
[45] Ibid.
[46] Ibid.
Casualties and Victim Assistance
Casualties
No new mine or explosive remnants of war (ERW) casualties were identified in Montenegro in 2011. In 2012, the media reported two casualties. In July, five people were injured by a landmine while traveling in a car near the city of Gusinje, close to the border with Albania.[1]
Prior to 2012, the last casualties reported in Montenegro were in 2008, when a border police officer was injured when he drove over a landmine and a child was injured by an M35 Italian hand grenade he found in a wall in Podgorica.[2] The Monitor has identified 11 mine/ERW casualties (four killed and seven injured) between 1999 and December 2011. This included five children; one of the adults was a citizen of Bosnia and Herzegovina.
Cluster submunitions caused four civilian casualties since their use in 1999. Another four civilian casualties occurred during cluster munition strikes.[3]
Victim Assistance
The total number of survivors living in Montenegro is not known; in 2004, 260 mine/ERW survivors were recorded as living in Montenegro.[4] Montenegro is known to have victims of cluster submunitions,[5] and as a States Party to the Convention on Cluster Munitions, Montenegro is therefore obligated to provide comprehensive victim assistance.
There is no specific victim assistance coordination in Montenegro. The Ministries of health, labor and social welfare, education and sports, science, culture, and human and minority rights all have responsibilities for protecting the rights of persons with disabilities.[6] In December 2007, Montenegro adopted the Strategy for the Integration of Persons with Disabilities in Montenegro (2008–2016), an action plan to ensure compliance with the Convention on the Rights of Persons with Disabilities.[7] Progress towards the implementation of the strategy was reviewed by an intersectoral commission, including NGOs, in early 2011.[8] NGOs found that the government was significantly behind in implementing the strategy.[9]
According to the government, emergency medical care is available for all citizens of Montenegro through the national Institute for Urgent Health Care.[10]
Mine/ERW survivors, including survivors of cluster submunitions, along with all victims of war, are entitled to free medical care and physical rehabilitation, including prosthetic limbs, through the national health insurance system. This law, regulating the national health insurance, recognizes the category of victims of cluster munitions. However, it does not discriminate against or among cluster munitions victims, or between cluster munitions victims and those who have suffered injuries or disabilities from other causes; differences in treatment are based only on medical, rehabilitative, psychological or socio-economic needs of victims.[11] While all persons with disabilities are entitled to free health care, it was reported in 2011 that such care was not always satisfactory and, in at least one case, a person with a disability was refused care.[12]
In 2011, the disability allowance was insufficient and unemployment remained a serious problem for persons with disabilities, including mine/ERW survivors. There was a quota system that required employers to hire persons with disabilities but it was not adequately enforced.[13]
In May 2011, a new disability law was adopted that clarified what discriminatory actions were illegal; however, discrimination persisted and laws were not implemented effectively. Legislation required all new public buildings be made accessible to persons with disabilities but older public buildings, including hospitals, were not accessible during 2011.[14]
Montenegro ratified the Convention on the Rights of Persons with Disabilities on 2 November 2009.
[1] M. Sekulovic, “Mini drove over a mine, more injured,” (translated from the original title), Novsti (daily newspaper), 9 July 2012, www.novosti.rs/vesti/planeta.300.html:387650-Plav-Dzip-naleteo-na-minu-vise-povredjenih; and “The explosion at the Montenegrin-Albanian border,” (translated from the original title), Radio-television Serbia, 9 July 2012, http://www.rts.rs/page/stories/sr/story/11/Region/1136278/Eksplozija+na+crnogorsko-albanskoj+granici.html.
[2] ICBL, Landmine Monitor Report 2009: Toward a Mine-Free World (Ottawa: Mines Action Canada: October 2009), www.the-monitor.org, accessed 13 July 2012.
[3] Circle of Impact: The Fatal Footprint of Cluster Munitions on People and Communities (Brussels: HI, May 2007), pp. 77-78.
[4] Serbia and Montenegro, Mine Ban Treaty Article 7 Report, Form J, 25 October 2004.
[5] Montenegro confirmed the presence of cluster submunition victims on its territory in April 2012. Statement of Montenegro, Convention on Cluster Munitions Working Group on Victim Assistance, Geneva, 16 April 2012.
[6] US Department of State, “2011 Country Reports on Human Rights Practices: Montenegro,” Washington, DC, 24 May 2012.
[7] Ministry of Labor and Social Welfare, “Information on Implementation of Action Plan for Realization of Strategy for Persons with Disabilities in Montenegro for 2010,” 27 April 2011, www.minradiss.gov.me/en/ministry?alphabet=lat, accessed 16 July 2012.
[8] Ibid., p. 2.
[9] US Department of State, “2011 Country Reports on Human Rights Practices: Montenegro,” Washington, DC, 24 May 2012.
[10] Statement of Montenegro, Convention on Cluster Munitions Working Group on Victim Assistance, Geneva, 16 April 2012.
[11] Ibid.
[12] US Department of State, “2011 Country Reports on Human Rights Practices: Montenegro,” Washington, DC, 24 May 2012.
[13] Ibid.
[14] Ibid.
Support for Mine Action
Casualties
No new mine or explosive remnants of war (ERW) casualties were identified in Montenegro in 2011. In 2012,the media reported two casualties. In July, five people were injured bya landmine while traveling in a car near the city of Gusinje, close to the border with Albania.[1]
Prior to 2012, the last casualtiesreported in Montenegro werein 2008, when a border police officer was injured when he drove over a landmine and achild was injured by an M35 Italian hand grenade he found in a wall in Podgorica.[2]The Monitor has identified 11mine/ERW casualties (four killed andseven injured) between 1999 and December 2011.This included five children; one of the adults was a citizen of Bosnia and Herzegovina.
Cluster submunitions caused fourcivilian casualties since their use in 1999. Another four civilian casualties occurred during cluster munition strikes.[3]
Victim Assistance
The total number of survivors living in Montenegro is not known; in 2004, 260 mine/ERW survivors were recorded as living in Montenegro.[4]Montenegro is known to have victims of cluster submunitions,[5]and as a States Party to the Convention on Cluster Munitions, Montenegro is therefore obligated to provide comprehensive victim assistance.
There is no specific victim assistance coordination in Montenegro. The Ministries of health, labor and social welfare, education and sports, science, culture, and human and minority rights all have responsibilities for protecting the rights of persons with disabilities.[6]In December 2007, Montenegro adopted the Strategy for the Integration of Persons with Disabilities in Montenegro (2008–2016), an action plan to ensure compliance with the Convention on the Rights of Persons with Disabilities.[7] Progress towards the implementation of the strategy was reviewed by an intersectoral commission, including NGOs, in early 2011.[8] NGOs found that the government was significantly behind in implementing the strategy.[9]
According to the government, emergency medical care is available for all citizens of Montenegro through the national Institute for Urgent Health Care.[10]
Mine/ERW survivors, including survivors of cluster submunitions,along with all victims of war, are entitled to free medical care and physical rehabilitation, including prosthetic limbs, through the national health insurance system. This law, regulating the national health insurance, recognizes the category of victims of cluster munitions. However, it does not discriminate against or among cluster munitions victims, or between cluster munitions victims and those who have suffered injuries or disabilities from other causes; differences in treatment are based only on medical, rehabilitative, psychological or socio-economic needs of victims.[11] While all persons with disabilities are entitled to free health care, it was reported in 2011 that such care was not always satisfactory and, in at least one case, a person with a disability was refused care.[12]
In 2011, the disability allowance was insufficient and unemployment remained a serious problem for persons with disabilities, including mine/ERW survivors. There was a quota system that required employers to hire persons with disabilities but it was not adequately enforced.[13]
In May 2011, a new disability law was adopted that clarified what discriminatory actions were illegal; however, discrimination persisted and laws were not implemented effectively. Legislation required all new public buildings be made accessible to persons with disabilities but older public buildings, including hospitals, were not accessible during 2011.[14]
Montenegro ratified the Convention on the Rights of Persons with Disabilitieson 2 November 2009.
[1]M. Sekulovic, “Mini drove over a mine, more injured,”(translated from the original title), Novsti (daily newspaper), 9 July 2012, www.novosti.rs/vesti/planeta.300.html:387650-Plav-Dzip-naleteo-na-minu-vise-povredjenih; and “The explosion at the Montenegrin-Albanian border,” (translated from the original title), Radio-television Serbia, 9 July 2012, http://www.rts.rs/page/stories/sr/story/11/Region/1136278/Eksplozija+na+crnogorsko-albanskoj+granici.html.
[2]ICBL, Landmine Monitor Report 2009: Toward a Mine-Free World (Ottawa: Mines Action Canada: October 2009), www.the-monitor.org, accessed 13 July 2012.
[3]Circle of Impact: The Fatal Footprint of Cluster Munitions on People and Communities (Brussels: HI, May 2007), pp. 77-78.
[4]Serbia and Montenegro, Mine Ban Treaty Article 7 Report, Form J, 25 October 2004.
[5] Montenegro confirmed the presence of cluster submunition victims on its territory in April 2012. Statement of Montenegro, Convention on Cluster Munitions Working Group on Victim Assistance, Geneva, 16April 2012.
[6]US Department of State, “2011 Country Reports on Human Rights Practices: Montenegro,” Washington, DC, 24May 2012.
[7]Ministry of Labor and Social Welfare, “Information on Implementation of Action Plan for Realization of Strategy for Persons with Disabilities in Montenegro for 2010,” 27 April 2011, www.minradiss.gov.me/en/ministry?alphabet=lat, accessed 16 July 2012.
[8]Ibid., p. 2.
[9]US Department of State, “2011 Country Reports on Human Rights Practices: Montenegro,” Washington, DC, 24May 2012.
[10] Statement of Montenegro, Convention on Cluster Munitions Working Group on Victim Assistance, Geneva, 16April 2012.
[11]Ibid.
[12]US Department of State, “2011 Country Reports on Human Rights Practices: Montenegro,” Washington, DC, 24May 2012.
[13]Ibid.
[14]Ibid.