Implementation issues

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

85

8 IMPLEMENTATION ISSUES

8.1 Dissemination of information, dialogue with NGOs an d between social

partners

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

monitoring (Article 11 Directive 2000/43 and Article 13 Directive 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 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.