Sensitive or controversial issues

AuthorKostic-Mandic, Maja
Pages92-94
92
11 SENSITIVE OR CONTROVERSIAL ISSUES
11.1 Potential breaches of the directives (if any)
Montenegrin legislation i s partially aligned with the acquis in the field of social policy and
employment. Work on the legislation is currently underway in this area in terms of
alignment with the acquis. Sensitive issues include implementati on of legislation, the
critical situation in the labour market, poverty and inclusion of the Roma and Egyptian
population, people with disabilities and other vulnerable groups. The proper functioni ng
and transparency of social dialogue must be ensured.
Membership of, and involvement in, an organisation of workers or employers, or any
organisation whose members carry on a particular profession, including the benefits
provided for by such organisati ons and access to housing are not covered by the anti-
discrimination provisions in national laws.
There is no general duty to provide reasonable accommodation in line wi th Articles 2.2.b
and 5 of the Empl oyment Equalit y Directive. Employers are obl iged to take measures in
this context only in relation to people with disabilities who are alread y employed.
The dut ies of di sseminating information and social dialogue on equal treatment are not
included in the existing proposed legislation.
The provisions on the ‘silence of the administration’ (Article 129 of the Administrative
Procedures Act) must be amended in order to enforce effective protection before the
courts. However, there is no peremptory norm for how to proceed in a situation wh en the
first instance public law body remains ‘silent’ and does not resol ve this administrative
matter in due course. This should therefore be considered as ju stification for another
peremptory norm which would oblige th e appellate body to resolve this administrative
matter.
Faith schools are not cons idered to be part of the education system of Monten egro and
are therefore not covered b y this legislation. The Law on the Prohibition of Discrimination
explicitly prohibits di scrimination i n educati on but fails to mention that it applies to thi s
type of school. Relations between faith-based and state institutions, including in
education, have not been regulated appropriately and harmoni sed with international law
and standards, including the Racial Equality Directive.
11.2 Other issues of concern
Low employment rate among marginalised groups
There was a total of 49 487 unemployed people (of whom 25 842 were women)
registered at the National Employment Agency on 31 December 2016. Compared t o the
previous month (47 754 ) this was a rise of 1 733 people or 5.48 % and compared to th e
previous year (an increase in the number of unemployed women of 866 or 3.47 %) in the
same month in 2015. Acc ording to MONSTAT data (Monthly Statistical Review no.
12/2016), 42 331 people were looking for work in December 2016. There were 21 993
women who were jobless and 15 677 young people l ooking for work for the first time.
Non-existent legal framework for social entrepreneurship.
Montenegrin legislation does not make provisions for social entrepreneurship, which
would be of benefit for vulnerable groups. Th ere was an initiative in 2012 and a draft law
was prepared by the Mi nistry of Labour, but i t was not adopted, and the procedure was
stopped. The most marginalised g roup is the Roma community, which is socially
excluded, living in poverty and unable to ma ke the necessary changes through

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