Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Legislation on discrimination. The Committee notes that the Law on the prohibition of discrimination in Montenegro has been submitted to Parliament for adoption, and would be grateful to receive a copy of the Law once it is adopted. Recalling 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 reiterates its request to 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 unemployment rate of women in June 2010 was 12.73 per cent compared to an unemployment rate of 11.67 per cent for men. The Committee notes the Plan of activities for achieving gender equality in Montenegro (2008–12), and the information in the Government’s report on the programmes aimed at promoting access to the labour market, particularly for those who are unemployed, and the number of women participating in these programmes. It notes the activities of the National Employment Agency to promote employment of trainees with high professional qualifications, and the programmes on self-employment, as well as the campaign aimed at removing cultural and social barriers for men and women from marginalized groups with a view to providing them with equal opportunities to work in all sectors. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the employment and unemployment rate of men and women, as well as on the distribution of men and women in the various occupations and sectors of the economy, in the public and private sectors. Please also continue to provide information on the implementation of the Law on Gender Equality, No. 46/07, and the Plan for achieving gender equality, including measures to promote participation of men and women in a wide range of occupations and training programmes, and information on the results achieved through such action.

Sexual harassment. The Committee refers to its general observation of 2002 and reiterates its request to 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) of Labour Law No. 49/08, and on the outcome thereof.

Employment restrictions for women. The Committee recalls section 104 of Labour Law No. 49/08, which 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 Government states that these provisions are of an imperative nature and subject to sanctions pursuant to section 127(1), (26) and (27) of the Law. The Committee draws the attention of the Government to the importance of adopting measures aimed at protecting the occupational safety and health of both men and women workers, and that restrictions on women’s employment should be limited to maternity in the strict sense and to special arrangements for pregnant and nursing women. Special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment, and should be repealed. The Committee also refers to its direct requests of 2009 on the Underground Work (Women) Convention, 1935 (No. 45), and on the Night Work (Women) Convention (Revised), 1948 (No. 89). The Committee asks the Government to revise section 104 of Labour Law No. 49/08 with a view to ensuring that restrictions on women’s employment be limited to maternity in the strict sense and to special arrangements for pregnant and nursing women. Please provide information on the progress in this regard.

Equality of opportunity and treatment with respect to national and ethnic minorities. The Committee notes the statistics on the different population groups based on national origin, religion and language, indicating that in 2003 the majority of the population is either of Muslim (17.74 per cent), or orthodox faith (74.28 per cent), and of Montenegrin (43.16 per cent), Serbian (31.99 per cent), Albanian (5.03 per cent) and Bosnian (7.77 per cent) national origin. Roma and Egyptians represented respectively 0.42 and 0.04 per cent of the population. It also notes from the Government’s report that the Roma, Ashkali and Egyptian communities face the highest level of poverty and unemployment and that some of the important obstacles in the area of employment are related to lack of education and educational opportunities, and discrimination of the Roma by non-Roma and employers. Roma women are doubly discriminated against with respect to access to employment. The Committee also notes that the lack of a strategy of working with vulnerable groups, the relatively small share of social partnership responsible for addressing employment of the Roma, traditional values among the Roma, and resistance to the acceptance of the Roma in the working environment, have been identified as some of the causes of the difficult employment situation of the Roma population. The Committee recalls the Action Plan to implement the project on the Decade of Roma Inclusion, 2005–15, and the Strategy for the Improvement of the Position of Roma, Ashkali and Egyptian Populations (RAE) in Montenegro (2008–12). The Committee asks the Government to provide information on the specific measures taken to address discrimination against national and ethnic minorities, in particular Roma men and women, in employment and education, including educational and awareness-raising programmes about their equal rights and opportunities in the labour market. Please also provide information on the implementation of the Law on Minority Rights and Freedoms.

Article 3(a). Cooperation with employers’ and workers’ organizations and other relevant bodies. The Committee reiterates its request to the Government to provide further information on the specific activities of 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 to give effect to the principles of the Convention. Please also provide further details of the specific 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.

Employment, vocational training and guidance and placement services under the national authority. Article 3(d) and (e). The Committee notes from the Government’s report that the Employment Agency considers members of the Roma, Ashkali and Egyptian (RAE) communities as “difficult to be employed persons” due to their extremely high unemployment and very low education levels, poor social and economic situation, prejudices against them and discrimination by employers, and lack of integration in society. It notes that in June 2010, 1,480 Roma were registered with the Employment Agency (47.29 per cent women and 52.71 per men), which represents only 4.6 per cent of the total number of registered persons. It also appears that few Roma women are responding to the measures offered under the Action Plan of the Employment Agency due to early marriage, certain traditional values, and family responsibilities. A survey on the visibility of the Roma in the labour market (2006) on working-age Roma not registered with the Employment Agency indicated, however, that 60 per cent of those who participated in the survey were interested in being registered with the Employment Agency. The Committee notes from the Government’s report the activities of the Employment Agency of Montenegro addressing the Roma, and other minorities, including the public works programme, the Second Chance Project and the efforts by the Employment Agency to cooperate with Roma associations, the Roma Scholarships Foundation and the National Council of the Roma. It also notes the activities to improve the capacity of the Employment Agency with a view to addressing more effectively the unemployment and low levels of education of the Roma population, and some measures taken to address prevailing stereotypes among the Roma population regarding employment of women. The Committee requests the Government to continue to provide information on the specific activities of the Employment Agency to promote equality of opportunities and treatment for national and ethnic minorities, and information, including statistics, on the impact of such measures on their situation in the labour market.

Article 5. Special temporary measures. The Committee recalls the provisions in the Constitution and the Law on Gender Equality No. 46/07 providing for the possibility to adopt special temporary measures (affirmative action). The Law on Minority Rights and Freedoms also appears to allow for special measures. The Committee asks the Government to provide information on any affirmative action 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. The Committee notes that the labour inspectorate has not recorded any cases of violations of non-discrimination provisions, and that no complaints concerning discrimination have been dealt with by the courts. The Committee requests the Government to continue to provide information on the number, nature and outcome of cases based on the various prohibited grounds set out in the Labour Law and the Gender Equality Law, 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. The Committee asks the Government to continue to provide detailed information, including statistics disaggregated by sex and national and ethnic origin, where available, on employment and training, in the private and public sectors, including the different grades and levels of 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.