Implementation issues

• Author: Kostic-Mandic, Maja
• Pages: 85-87

85

8IMPLEMENTATION ISSUES

8.1Dissemination ofinformation, dialogue with NGOs and between social

partners

a)Dissemination of information about legal protection against discrimination(Article

10 Directive 2000/43 and Article 12Directive 2000/78)

The Law on the Prohibition of Discrimination was established as an institutional

framework for protection from discrimination. However, in addition to judicial authorities,

the institution of the Protector and other relevant institutions, the role of civil society

must be emphasised regarding the dissemination of information about legal protection

against discrimination. The Federation of Employers disseminates a handbook and other

promotional materials on prevention of discrimination in the workplace through its

network of employers. The handbook includes the national anti-discrimination legal

framework, legally binding instruments, bylaws and guidelines for employers in order to

prevent discrimination and harassment in the workplace.

b)Measures to encourage dialogue with NGOs with a view to promoting the principle

of equal treatment (Article 12Directive 2000/43 and Article 14Directive 2000/78)

The government cooperates with NGOs in the development of the policy framework on

equal opportunities, while joint commissions monitor their implementation. The

development of new anti-discrimination legislation has been accompanied by an ongoing

dialogue with NGOs. In addition, the government provides some funding for NGO

projects promoting the principle of equal treatment. Through its mandate, the Protector

of Human Rights and Freedoms also cooperates with organisations and institutions

dealing with human rights and freedoms (Article 21 of the Law on the Protector),

including NGOs which contribute to the fight against discrimination based on racial or

ethnic origin and NGOs combating discrimination based on religion or belief, disability,

age or sexual orientation in relation to employment and occupation.

Despite the above-mentioned cooperation with NGOs, on 25 February2016 the

Government of Montenegro adopted a Decision on the suspension of the Decision on

establishing a Councilon the Prohibition of Discrimination. The government explained

that the conditions for the suspension of this body had been fulfilled because the legal

framework providing for the smooth implementation of policies and activities in the field

of human rights and protection against discrimination had been established.

c)Measures to promote dialogue between social partners to give effect to the principle

of equal treatment within workplace practices, codes of practice, workforce

monitoring (Article 11Directive 2000/43 and Article 13Directive 2000/78)

In Montenegro, trade unions promote social dialogue around the principle of equal

treatment within workplace practices. The Confederation of Trade Unions of Montenegro,

the umbrella organisation under Montenegrin law, comprises 1 200 trade unions spread

throughout the country and over 40 000 members (data from 2006).135 Another umbrella

organisation, theFederation of Free Trade Unions of Montenegro, with close to 24 000

members, was established in 2008. The politicaland societal weight of trade unions is

considerable, as they are involved in decision-making processes relating to employment

and socialpolicy and have significant levels of membership. However, the trade unions’

work on anti-discrimination is very limited at present. Trade unions represent only their

members, who must pay a membership fee in order to be able to exercise their trade

union rights. Together with the government, trade unions and employers’ organisations

135 Simovic, V. (2009), Annual overview of employees’ rights and social dialogue in Central and Eastern Europe

and the Western Balkans, Report for Montenegro, Friedrich Ebert Stiftung, courtesy of the author.