7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive
a) Body/bodies design ated for the prom otion of equal treatment irrespectiv e of
racial/ethnic origin according to Article 13 of the Racial Equality Directive
In Montenegro, there are several bodies for the promotion of equal treatment, the Protector
of Human Rights and Freedoms being the most important. The Protector is an independent
institution which was set up on the basis of the Law on the Protector of Human Rights and
Freedoms in 2003. Its position was further enhanced with the 2007 enactment of the new
Montenegrin Constitution, the first to mention this institution and task it with taking
measures for the protection of human righ ts and freedoms. Under Article 27(1), the law
establishes the Protector as an institutional mechanism for protection against
discrimination. Pursuant to the Law on the Prohi bition of Discrimination, the Protector has
competence, among other duties, to undertake activities for the pr omotion of equality.
The Protector, within its mandate, promotes equality and diversity and contributes to
preventing discrimination, in particular by providing training, information, advice, guidance
and support to duty bearers with obligations under the equality directives, institutions and
individuals. The Protector also raises awareness among the general pu blic, both of its role
and of the content of the existing anti-discrimination regulations and how to seek redress.
In this sense, the Protector has a regular dialog ue with public authorities, communicates
with groups and stakeholders who exp erience discrimination and promotes good practice
and positive actions.135
Another b ody for the promotion of equal treatment is the Fun d for Professional
Rehabilitation and Employment of P ersons with Disabilities. The role of this governmental
body is to allocate financial resources to foster employment policy programmes for
participation by people with disabilities. In order to monitor the i mplementation of
measures and activities to improve vocational rehabilitation and employment of people
with disabilities, as well as the designated use of financial resources from the Fund, the
Employment Agency formed the Council of the Fund for the Profession Rehabilitation and
Employment of Persons with Disabilities.136
National councils are equality bodies aimed at preserving national identity and improving
the rights and freedoms of minority nations and other minority national communit ies.
National councils represent and act on behalf of minority nations and other minority
national communities; submi t proposals for the promotion and development of the rights
of minority nations and other minority national communities and their memb ers; submit
initiatives to the President of Montenegro to refuse to promulgate laws which violate the
rights of minority nations and other minority national communities and their members;
participate in the planning and establishment of educational institutions; provide an opinion
on the subject curricula which r eflect specificities of minority nations and other minority
national communities; propose the enrolment of a certain n umber of students at higher
education instit utions in Montenegro; launch initiatives for the amend ment of legislation
and other acts that regulate the rights of members of minority nations and other minority
national communities; and perform other activities in accordance with the Law on Minority
Rights and Freedoms (Article 35 of the Law on Minority Rights and F reedoms).
The legal framework of Montenegro does not explicitly list the national minorities in
Montenegro. The Constitution of Montenegro in its Preamble refers to the de facto national
135 An advisory Council on the Prohibition of Discrimination existed between 2011 and 2016, with the task of
promoting and conducting anti-discrimination activities at national level. This non-equality body mainly
focused on monitoring implementation of legislation on anti-discrimination and monitoring the spending of
the Fund for Professional Rehabilitation and Employment of Persons with Disabilities.
136 See above, in section on Positive Action.