Swedish International Development Cooperation Agency (Sida) 3.4.2.2 Relevance and effectiveness
Ten years ago it was not clear the policy direction of the Government of Montenegro in terms of the EU, and the legislative and policy framework in relation to human rights gave no reason for optimism in this regard. Now, and particularly as a result of the past 5 years, laws, by-laws and policies are very focused on accession. The Law on Discrimination is a specific example, as initially there was no political will to develop and adopt such a measure, but when it was decided it was necessary, things moved quickly. CRD has worked closely with a number of local CSOs in focusing on its priority areas. Some of CRD’s partners are large, influential NGOs with strong histories and strong prospects moving forward. Others are small, with a narrow focus, and are struggling to survive. All, though, are focused on ensuring the changes needed within politics, legislation and policy - changes which will inherently improve the civil rights of Montenegrin citizens as well as improve Montenegro’s prospects for accession. The most important work being done by CRD partners, with Swedish assistance, is in relation to the rights of the Roma community, the LGBT population and other minorities, specifically in terms of addressing violations of human rights and in developing a legislative framework against discrimination. Significant is work being done also with the media, both in terms of work on encouraging and facilitating an independent media and work on ensuring professionalism within the media. ‘The main challenges to freedom of expression in Montenegro continue to be the growing number of attacks on journalists, the increase in criminal and civil proceedings against journalists and the government’s efforts to reverse the media legislation.’40 However, while there have been significant steps forward, challenges remain. Although the legislative and policy framework for combating discrimination has been strengthened, its implementation remains a challenge. The fight against discrimination is one of the seven priorities for EU accession, and the Government was required to make progress in this area. In response, the new Law on the Ombudsman was passed in July 2011. The Law provides a framework that enables responsibility over cases of discrimination. However, the capacity of the Ombudsman's Office to effectively address cases of discrimination remains limited, as does its ability to address cases of discrimination by law enforcement bodies. In addition, an advisor on human rights and anti-discrimination was appointed to the Prime Minister’s Office in September 2011 and a Council for Protection Against Discrimination has been established, chaired by the Prime Minister. The role of the Council is to monitor and coordinate activities on antidiscrimination by different authorities. Roma, Ashkalis and Egyptians, persons with disabilities and lesbian, gay, bisexual and transgender (LGBT) persons remain subjects of discrimination in practice, including on the part of State authorities. Hate speech by the Minister of Human and Minority Rights against the LGBT community initiated a negative reaction in public that forced the Government to drastically change the course in protection of this population group. As a result, the Government organised a conference to promote anti-discrimination (September 2011) and advanced an action plan for protection of LGBT. The Police Directorate signed a Memorandum of Understanding with the relevant NGO, in order to ensure a peaceful rally of the LGBT community. However, LGBT individuals continue to be subject to serious threats, while some cases of violence have been reported, and the legal processing of cases reported to the police have not been initiated. An NGO, LGBT Forum Progress, from Podgorica has recently opened a safe house for LGBT people that are victims of violence that. The safe house, as well as shelter, provides counselling and psycho-social support41. The Law on Free Legal Aid was poorly drafted, and has in any case not been adopted.
40 41
June 2011. Montenegro 2008 until July 2011 Report on Developments and Results. Civil Rights Defenders. This project was supported by the Embassy of the Netherlands.
Outcome Assessment Of The Development Cooperation Between Sweden And Montenegro During 2001‐ 2010 23