Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1, paragraph 1(a), of the Convention. Legislation on discrimination. The Committee notes with interest the legislative framework applying the Convention. It notes in particular the relevant provisions on equality in the Constitution, and the provisions in Labour Law No. 49/08, which covers the public and private sectors, prohibiting and defining direct and indirect discrimination based on a variety of grounds with respect to employment requirements and selection of candidates; working conditions and all rights based on employment relationship; education, capacity building and training; promotion; and termination of employment (sections 5–6). Labour Law No. 49/08 also prohibits and defines harassment and sexual harassment (section 8). The Committee further notes that the Law on Gender Equality No. 46/07 defines and prohibits discrimination based on sex and provides for positive measures to promote gender equality. The Committee further notes that the Law on employment, the General Law on education and the Law on adult education contain non-discrimination provisions, but copies have not been provided by the Government. It further understands that a Law on minorities’ rights and freedoms was adopted (Official Gazette of the Republic of Montenegro Nos 31/06, 51/06 and 68/07), and that a draft Law on the prohibition of discrimination in Montenegro is being developed. The Committee asks the Government to provide copies of the Law on minorities’ rights and freedoms, the Law on employment, the General Law on education and the Law on adult education, as well as information on the status of the draft Law on the prohibition of discrimination in Montenegro. Please also provide information on the application in practice of the relevant provisions of the Labour Law, the Law on gender equality and the Law on minorities’ rights and freedoms.

Article 1, paragraph 1(b). Additional grounds. The Committee notes that section 5 of Labour Law No. 49/08 prohibits direct and indirect discrimination based on language, age, pregnancy, health state, marital status, family duties, sexual orientation, material status, or some other personal characteristics. The Committee requests the Government to continue to provide information on the measures taken to address discrimination in practice on these grounds.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the Law on Gender Equality No. 46/07 provides for the adoption of the Action Plan on Achieving Gender Equality and allows for specific measures to be taken to promote gender equality. The Committee also notes that the Government’s report does not provide any information on the practical measures taken to promote the national policy on gender equality with respect to employment and occupation. The Committee asks the Government to provide a copy of the Action Plan on Achieving Gender Equality and detailed information, including statistics disaggregated by sex, on its implementation and results achieved in the areas of employment and occupation.

Sexual harassment. The Committee notes the prohibition and broad definition of sexual harassment in the Labour Law No. 49/08 (section 8(1) and (3)). The Committee asks the Government to provide information on the practical measures taken to prevent and address sexual harassment at work, as well as information on whether any cases of sexual harassment have been brought under section 8(1) and (3) and on the outcome thereof.

Employment restrictions for women. The Committee notes that section 104 of the Labour Law No. 49/08 provides that “an employed woman … shall not work in a job position with prevailing hard physical labour, works under ground or water, or a job involving tasks that can have detrimental effect on and an increased risk for [her] health and life”. The Committee asks the Government to provide further information on the specific types of work or posts from which women are being excluded on the basis of section 104, and on the specific reasons for such exclusions.

Equality of opportunity and treatment with respect to national and ethnic minorities. The Committee notes that the Government adopted a national minority policy strategy in 2008, an unofficial copy of which is available in English. The Committee further notes from the information provided by the Government to the Committee on the Elimination of Racial Discrimination (CERD) that the Government is taking various measures to promote equal opportunities for national and ethnic minorities, including the Roma. For instance, the Government adopted an Action Plan to implement the project on the Decade of Roma Inclusion: 2005–15 which defines the policy goals in a number of areas, including education and employment of the Roma population, the Strategy for the Improvement of the Position of Roma, Ashkali and Egyptian Populations (RAE) in Montenegro for the period 2008–12, and the Roma Education Initiative (CERD/C/MNE/1, 7 November 2008, and CERD/C/MNE/CO/1, paragraph 6). The Committee asks the Government to provide detailed information on the activities implemented under the Strategy on Minority Policy 2008, the project on Decade of Roma Inclusion: 2005–15, the Strategy for the Improvement of the Position of Roma, Ashkali and Egyptian Populations (RAE) in Montenegro for the period 2008–12, and the Roma Education Initiative, to giving effect to the provisions of the Convention with respect to national and ethnic minorities, as well as information, including statistics, on the results achieved.

Article 3(a). Cooperation with employers’ and workers’ organizations and other relevant bodies. The Committee understands that the Protector of Human Rights and Freedoms, the Ministry for Human and Minority Rights Protection, the Republic Council for Protection of Rights of Minorities and Ethnic Groups and the Council of Human Rights and Freedoms have specific responsibilities in promoting equality of opportunity and treatment and implementing national policies and action plans on equality. The Committee asks the Government to provide further information on the specific activities of these bodies to give effect to the principles of the Convention. Please also provide details of the measures taken to cooperate with the employers’ and workers’ organizations to promote and ensure the observance of the national legislation and policies on equality in employment and occupation, including in the context of the tripartite Social Council.

Article 3(d) and (e). Employment, vocational training and guidance and placement services under the national authority. The Committee notes that no specific information has been provided by the Government on the application of Article 3(d) and (e). It also notes from the Government’s information submitted to CERD (CERD/C/MNE/1, para. 76) that the Employment Agency of Montenegro and local employment bureaux appear to be involved in a number of activities addressed to Roma, and other minorities. The Committee asks the Government to provide information on the specific activities of the Employment Agency of the Republic of Montenegro to promote equality of opportunities and treatment between men and women and with respect to minorities. Please also provide information on the measures taken to promote equality of opportunity and treatment regarding employment, vocational training and guidance under the direction of a national authority.

Article 4. Persons suspected of, or engaged in activities prejudicial to the security of the State. The Government indicates that this Article is applied by the Criminal Code and the Law on general administrative procedure. The Committee asks the Government to indicate the specific provisions in the Criminal Code and the Law on general administrative procedure applying Article 4 of the Convention.

Article 5. Special temporary measures. The Committee notes that article 8 of the Constitution of 2007 provides for the adoption of “special measures aimed at creating the conditions for the exercise of national, gender and overall equality and protection of persons who are in an unequal position on any grounds shall not be considered discrimination”. In addition, pursuant to sections 15–18 of the Law on Gender Equality, special temporary measures (positive measures) accompanied with action plans can also be adopted to promote gender equality, including in education and employment. The Committee asks the Government to provide information on any special temporary measures that have been adopted to promote equality between men and women, as well as for national and ethnic minorities, in employment and occupation.

Enforcement and supervision. The Committee notes that the labour inspection services are responsible for the supervision of the non-discrimination provisions. It also notes that pursuant to the Law on Gender Equality, complaints concerning discrimination can be submitted to the Ministry for Human and Minority Rights, and that the Protector of Human Rights and Liberties can also receive complaints on human rights violations, including discrimination. The Committee requests the Government to provide information on the number, nature and outcome of cases based on the various prohibited grounds addressed by the Ministry for Human and Minority Rights, the labour inspection, the Protector of Human Rights and Liberties and the courts, including information on the remedies provided and sanctions imposed.

Practical application. Statistics. The Committee notes that the Government states that the Convention is fully implemented, without providing any further information enabling the Committee to assess the extent to which the Convention is being applied in practice. The Committee asks the Government to provide more detailed information, including statistics disaggregated by sex and national and ethnic origin, where available, on employment and training, in the private sector and the public sector, including the civil service. The Committee also requests the Government to provide copies of any studies or surveys undertaken or envisaged with the aim of establishing the nature and extent of any inequalities in employment and occupation with respect to the grounds covered by the Convention, and measures envisaged to address those inequalities.