Bodies for the promotion of equal treatment (article 13 Directive 2000/43)

• Author: Maja Kostić-Mandić
• Pages: 80-87

80

7BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive

2000/43)

a)Body/bodies designated for the promotion of equal treatment irrespective 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 rights 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 Prohibition of Discrimination, the Protector has

competence, among other duties, to undertake activities for the promotion 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 public, 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 dialogue with public authorities, communicates

with groups and stakeholders who experience discrimination and promotes good practice

and positive actions.135

Another body for the promotion of equal treatment is the Fund for Professional

Rehabilitation and Employment of Persons 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 implementation 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 otherminority national communities.

National councils represent and act on behalf of minority nations and other minority

national communities; submit proposals for the promotion and development of the rights

of minority nations and other minority national communities and their members; 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 reflect specificities of minority nations and other minority

national communities; propose the enrolment of a certain number of students at higher

education institutions in Montenegro; launch initiatives for the amendment 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 Freedoms).

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.