Section 2. Respect for Civil Liberties, Including:
e. Status and Treatment of Internally Displaced Persons
Ministry of Interior statistics indicated that 15,248 displaced persons (DPs) from the former Yugoslavia had applied to resolve their residency status as of September. Of the 12,379 completed applications, 12,194 received permanent resident status while 185 received temporary resident status; 164 applications were still pending. Individuals with temporary residence still needed support to acquire permanent residence because they still needed to acquire identity documents, such as birth and citizenship certificates, to get their passports.
Persons whose applications for “foreigner with permanent residence” status were pending with the Ministry of Interior continued to hold the legal status of DPs or IDPs. Some persons who were entitled to apply faced difficulties in obtaining the required documentation, particularly in regularizing previously unregistered births or paying the fees required to procure documents.
With support of the Office of the UN High Commissioner for Refugees (UNHCR), the government, together with the government of Kosovo, continued to assist displaced Roma and Balkan-Egyptians in obtaining personal identification documents under a Montenegro-Kosovo agreement on late registration of births of persons born outside the hospital system. By the end of 2019, approximately 1,400 persons received assistance through this cooperation. Some 40 others remained in need of Kosovo documents to be able to acquire permanent residence status in Montenegro. The process, supported by UNHCR, facilitated the registration of births of persons born in Montenegro or Kosovo, especially Romani, Ashkali, and Balkan-Egyptian children.
Conditions for IDPs and DPs from the Yugoslav wars varied. Access to employment, health care, and social services was sometimes limited due to language barriers, insufficient integration programs, lack of documentation, or unclear or inconsistent administrative procedures. According to UNHCR’s livelihood study launched in 2018, many remained vulnerable, in need of support to become self-reliant, and continued to live below the poverty line. The COVID-19 pandemic additionally affected livelihood prospects of refugees from the former Yugoslavia. According to two UN Rapid Social Impact Assessments on the socioeconomic consequences of the COVID-19 epidemic in Montenegro undertaken in April and June, 38.5 percent (in April) and 75 percent (in May) of refugees from the former Yugoslavia with a pending status had lost their jobs or income, as had 52.4 percent (in April) and 38.5 percent (in May) of refugees from the former Yugoslavia with temporary residence.
Together with Croatia, Serbia, and Bosnia and Herzegovina, the country was a party to the Regional Housing Program, facilitated by international donors, to provide durable solutions for up to 6,000 DPs and IDPs in the country. A number of DPs and IDPs continued to live in substandard dwellings, struggled to pay rent for private accommodation, faced problems obtaining sustainable livelihoods, or feared eviction from illegally occupied facilities known as informal collective centers, mostly in the coastal municipalities.
Restricted access to employment pushed many DPs into gray-market activities. Poor economic prospects particularly affected Roma, Ashkali, Balkan-Egyptians, and IDPs from Kosovo in urban areas due to their low levels of schooling and literacy, high unemployment, and other obstacles to full integration in society. The high unemployment rate also affected the aging Kosovo-Serb population in the Berane area.
Although the law gives foreigners with permanent residence the full scope of rights of citizens with the exception of the right to vote, DPs and IDPs from the former Yugoslavia sometimes had limited access to employment, education, property ownership, and specialized medical care due to the difficulty of obtaining official documents. IDPs could find opportunities if they showed flexibility in accepting jobs that did not necessarily reflect their education or experience or did not insist on a labor contract.
The government continued to encourage IDPs and DPs to return to their places of origin, but repatriation was essentially nonexistent due to the preference of many IDPs and DPs to remain in the country out of fear of reprisals in their countries of origin or a lack of resources or the lost bond with their country or place of origin. During the first eight months of the year, the situation worsened due to movement restrictions to contain the spread of COVID-19 and related health concerns.
f. Protection of Refugees
The government cooperated with the UNHCR and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.
Access to Asylum: The law provides for the granting of refugee or subsidiary protection status, and the government established a system for providing protection to refugees. Authorities did not employ methods for managing mixed migration movements effectively, such as prioritization or accelerated procedures. Observers noted that attention and readiness to address the increased mixed flow of migrants remained focused on border control aspects, as authorities reported 1,589 illegal border crossings during the first eight months of the year. To reduce irregular migration, the European Border and Coast Guard Agency (Frontex) in July began assisting with border management by deploying personnel to areas where the country borders the EU.
During the first surge of the COVID-19 outbreak between March 16 and June 5, the country closed its borders and suspended access to asylum procedures. The Reception Center for Foreigners and Asylum Seekers in Spuz became a self-quarantine facility, and persons accommodated there had to follow generally applied restrictions on movement. A new reception center for foreigners and asylum seekers opened in July at Bozaj, on the border with Albania, that could accommodate up to 60 persons.
While transitory movement through the country resumed at the end of May, access to asylum procedures remained inconsistent. Families and vulnerable asylum seekers were admitted to reception centers after a 14-day quarantine in a separate part of the center. Authorities, however, increasingly returned single men trying to register their intention to apply for asylum directly to the Albanian border, then pushed them back into Albania. While the official number of migrants and asylum seekers registered after May grew steadily, observers believed their actual number grew exponentially, as migrants and asylum seekers bypassed reception centers and stayed in private hostels and abandoned houses. During the first eight months of the year, 1,702 persons registered their intention to apply for asylum with the Border Police. Of this number, 409 persons (24 percent) applied for asylum with the Ministry of Interior. In the same period, three persons were granted asylum status.
In addition to the pandemic-related suspension of asylum procedures, asylum seekers were negatively affected by continued delays in interviewing and decision-making after procedures resumed. During the first eight months of the year, authorities conducted 28 interviews, compared with a total of 78 interviews in 2019. As of October, 24 asylum seekers continued to wait for interview slots. Of the total applications filed, as of the end of August, 25 asylum seekers had actively pursued their asylum claim; the claims had been pending for eight to 27 months, although the deadline for decision-making is set at six months but can be extended under circumstances foreseen by law up to 21 months. Of 409 asylum applications, only three (0.7 percent) were approved; lack of follow through on applications contributed significantly to this figure.
Access to Basic Services: Once the asylum procedure is initiated, asylum seekers are granted access to free health care and education for minor applicants in line with international standards, although barriers to access, including language and cultural differences, sometimes limited practical access. During the year the Ministry of Interior decided to facilitate the effective access to the labor marker for asylum seekers who were in the asylum procedure for longer than nine months in line with the law. Previously, this right was largely theoretical as asylum seekers were not able to register with the Employment Agency without a personal identification number (PIN) issued by the ministry. A working group formed in 2020 between the ministry and UNHCR proposed a way for issuance of PIN numbers within the existing legislative framework. As of September, asylum seekers residing in the country for more than nine months could get a PIN number from the Ministry of Interior’s branch office in Podgorica, which would allow them to register with the Employment Agency. Many refugees had difficulties obtaining documents, and thus accessing services such as health care, due to language barriers.
According to the two UN Rapid Social Impact Assessments on the socioeconomic consequences of the COVID-19 pandemic that were conducted in April and June, all asylum seekers in private accommodation lost their (informal) jobs in April. While 33 percent regained an income by June, 66.7 percent remained jobless. Similarly, 91.7 percent of refugees lost their jobs in April; 21 percent regained employment by June, leaving some 70 percent jobless.
Durable Solutions: A path to citizenship for refugees is available but requires evidence that the applicant had renounced citizenship in his or her country of origin. The government provided support for the voluntary return or reintegration of DPs from countries of the former Yugoslavia. Those who chose the option of integration rather than return to their country of origin enjoyed access to the same rights as citizens, including access to basic services and naturalization in the country, but they did not have the right to vote.
Temporary Protection: The government also provided subsidiary protection to individuals who may not qualify as refugees. During the first eight months of the year, the Ministry of Interior did not approve any of the 404 requests submitted for subsidiary protection. By law, persons granted subsidiary protection are entitled to a facilitated integration plan for three years after receiving status. The integration plan is tailored to the individual’s particular needs and includes support in accessing education, Montenegrin language classes, employment, and the provision of accommodation for up to two years. Beneficiaries of refugee or subsidiary protection status may appeal a decision relating to their entitlements before the Administrative Court.