Implementation issues

AuthorKostic-Mandic, Maja
8.1 Dissemination of information, dialogue with NGOs an d between social
a) Dissemination of information about legal protection against discrimination (Article
10 Directive 2000/43 and Article 12 Directive 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 disseminati on of information about l egal protection
against discrimina tion. The Federation of Employ ers disseminates a handbook a nd 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 12 Directive 2000/43 and Article 14 Directive 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-discrimi nation legislation has been accompanied by an ongoing
dialogue with NGOs. In addition, the government pr ovides some fundi ng for NGO
projects promoti ng the principle of equal treat ment. Through its mandate, the Protector
of Human Rights and Freedoms also cooperates with organisations and i nstitutions
dealing with human rights and freedoms (Article 21 of the Law on the Protector),
including NGOs which contribute to the fi ght against discrimination based on raci al or
ethnic origin and NGOs combating discrimination based on religion or belief, disability,
age or sexual orientation in relation to employment and occupati on.
Despite the above-mentioned c ooperation with NGOs, on 25 F ebruary 2016 the
Government of Mont enegro adopted a Decision on the suspension of the Decision on
establishing a Council on 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 ac tivities in the fi eld
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, c odes of practice, workforce
In Montenegro, trade unions promote social dialogue around the principle of equal
treatment within workplace practices. The Confederation of Trade Unions of Montenegro,
the umbr ella organi sation und er Monteneg rin law, comprises 1 200 trade unions spread
throughout the country and over 40 000 members (data from 2006). 135 Another umbrella
organisation, the Federation of Free Trade Unions of Montenegro, with close to 24 000
members, was established in 2008. The political and societal weight of trade unions is
considerable, as they are involved in decision-making processes relatin g to employment
and social policy and have significant levels of memb ership. H owever, the trade unions’
work on anti-discrimination is very limited at present. Trade unions represent onl y 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.

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