a) Body/bodies desi gnated for the prom otion 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 treatm ent, the
Protector of Human Rig hts and Freedoms being the most important. The Protector is an
independent institution which was set u p on the basis of the Law on the Protector of
Human Rights and Freedoms in 2003. Its position was further enhan ced 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 freedo ms. Under
Article 27, paragraph 1, the law establishes the Protector as an institutional mechanism
for protection ag ainst discrimination. Through the amendment of this law,118 the concept
of discrimination was extended and specific form s of discrimination, such as
discrimination based on sexual orientation and / or intersex characteristics and hate
speech, as well as the Institute of Racial Discrimination,119 were enshrined in law.
Through the Law on the Prohibition of Discrimination the Protector has competence,
among other duties, to undertake activities for the promotion of eq uality.
The Protector, within its mandate, promotes equality and diversity and contributes to
preventing discrimination, i n pa rticular by providing traini ng, in formation, 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 of how to seek redress. In this sense, the Protector has a regular dialogue with
public authorities, communicates with groups and stak eholders wh o experience
discrimination and promotes good practice and positive actions. 120
Another b ody 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 i mplementation of
measures and activities to improve vocational rehabilitation and employment of people
with disabilities, as well as the designated u se of fi nancial resources from the Fund, th e
Employment Agency formed the Council of the Fund for the Profession Rehabilitation and
Employment of Persons with Disabilities.121
National councils are equality bodies aimed at preserving national identity and improving
the rights and freedoms of minority nations and other minority national communities.
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 members; submit
initiatives to the President of Montenegro to refuse to promul gate 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 specifici ties of minority nations a nd other
minority national communities; propose th e enrolment of a certain number of stud ents at
higher education institutions in Montenegro; launch initiatives for the amendment of
118 Montenegro, Law on the Protector of Human Rights and Freedoms (Zakon o Zastitniku/ci ljudskih prava i
sloboda), Official Gazette of Montenegro, nos. 41/03, 42/11 and 32/14.
119 Montenegro, Law on the Protector of Human Rights and Freedoms (Zakon o Zastitniku/ci ljudskih prava i
sloboda), Official Gazette of Montenegro, nos. 41/03, 42/11 and 32/14, Article 17.
120 An advisory Council on the Prohibition of Discrimination existed between 2011 and 2016, with the task to
promote and conduct 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.
121 See above, in section on Positive Action.