Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Montenegro (Ratification: 2006)

Article 1 of the Convention. Legislation. Further to its previous comments on the Law on the Prohibition of Discrimination of 2010, the Committee notes the Government’s indications in its report that: (1) during 2023, intensive work was done on drafting a new Law on Protection of Equality and Prohibition of Discrimination; (2) the draft law was sent to the European Commission for an opinion; (3) this law will improve the promotion of equality and require the harmonization of all other laws that regulate the prohibition of discrimination; (4) one of the more significant innovations will be the introduction of intersectional discrimination as one of the more severe forms of discrimination; and (5) the draft law introduces high penalties for violations. The Committee requests the Government to provide information on any progress made in the adoption of this new law and harmonization of relevant legislation. Please provide a copy of any text adopted.

Article 1(1)(a). Sexual harassment. Further to its previous comments, the Committee notes the Government’s indication that the definition of sexual harassment was expanded in the draft Law on Protection of Equality and Prohibition of Discrimination to include harassment through audio and video surveillance, mobile devices, social networks and the Internet. It also notes that the Government indicates that the Ombudsperson had only one complaint regarding sexual harassment in 2022, in which no violation was established; and no procedures regarding sexual harassment were recorded by the labour inspectorate or the Agency for Peaceful Resolution of Labour Disputes. Finally, the Committee notes the steps taken towards ratification of the Violence and Harassment Convention, 2019 (No. 190). The Committee hopes that the new definition will explicitly cover quid pro quo sexual harassment, in addition to sexual harassment resulting from a hostile work environment (2012 General Survey on the fundamental Conventions, paragraph 789), and asks the Government to provide information on any progress in that regard.

Article 1(2).Inherent requirements of a particular job. The Committee recalls that section 2(a) of the Law on the Prohibition of Discrimination of 2010, as amended, allows for exceptions to the general prohibition of direct and indirect discrimination in cases where the act, action, or omission are objectively and reasonably justified by a legitimate purpose, and that it had requested the Government to report on such application in practice, to ensure that any exception is applied restrictively (on a case-by-case basis, and any limitation must be required by the characteristics of the particular job and be in proportion to the inherent requirements of the job), as provided by Article 1(2) of the Convention. In its reply, the Government provides information on the number of cases of discrimination in employment and occupation dealt with by the Ombudsperson, without details. The Committee thus asks the Government to indicate whether there have been cases where the exceptions provided for in section 2(a) of the Law on the Prohibition of Discrimination of 2010, as amended, have been used and, if so, to provide detailed information on such cases.

Article 2. National Equality Policy. Promotion of gender equality. Further to its previous comments, the Committee notes the Government’s indication that an evaluation of the implementation of the Action Plan on Gender Equality 2017–21 demonstrated significant progress in advancing gender equality and empowering women in Montenegro during this period. At the same time, numerous shortcomings were identified, including issues with interinstitutional cooperation, data collection and dispersion of measures at the local level. The Committee notes the adoption of the National Gender Equality Strategy 2021–25, which, according to the Government: (1) sets a number of operational goals with the aim of improving the application of the legal framework, preventing discrimination based on sex and gender, and providing protection in case of violations; (2) emphasizes the importance of improving education in order to reduce and eradicate gender-based stereotypes; (3) encourages tripartite dialogue on legislative changes, to enable greater participation of women in the labour market; (4) defines measures that aim to raise public awareness of the need for a more even distribution of work in the home and care for children and the elderly, and measures to raise the level of prevention and protection against gender-based discrimination and violence, sexual harassment and other forms of discrimination in the workplace; and (5) identifies the main actors who will carry out various activities with the aim of achieving greater performance in the field of gender equality. An evaluation of the first Action Plan (2021–22) implemented under the new Strategy was done in 2022 and a new Action Plan was adopted for 2023–24. The Government also refers to: (1) the Strategy for the Development of Women's Entrepreneurship in Montenegro (2021–2024) and action plans for its implementation; and (2) the National Employment Strategy 2021–25, which includes measures of active employment policy in order to improve the position of women in the labour market. The Committee requests the Government to provide information on the results achieved under these strategies and action plans towards ensuring greater equality of opportunity and treatment between women and men in respect of employment and occupation in Montenegro.

Race, colour or national extraction. The Government indicates that, in April 2023, the Ombudsperson published a report on the situation of Roma and Egyptians in Montenegro. According to its findings, members of the Roma and Egyptian community are characterized by high rates of poverty and unemployment, especially compared to other social groups, and represent one of the most difficult categories for employability. The main reasons for the low employment of Roma and Egyptians are primarily reflected in the segregation of these communities to certain areas (communal areas) or jobs (maintaining hygiene, collecting and processing secondary raw materials and performing other physical jobs) but also in the insufficient competitiveness of this population in the labour market. Moreover, established prejudices of employers have a decisive influence on their unemployment. In that regard, the Committee notes the Government’s indication that: (1) a new Strategy for Social Inclusion of Roma and Egyptians in Montenegro 2021–25 was adopted with an Action Plan; (2) a Commission was established by the Ministry of Human and Minority Rights to monitor the implementation of the Action Plan; (3) operational goals and activities were formulated for each of the key areas for action identified, including in the fields of employment and non-discrimination, along with indicators of performance to measure their impact; (4) a national programme to address informal employment of Roma and Egyptians in Montenegro began in 2023; and (5) the National Employment Strategy 2021–25 includes measures of active employment policy in order to improve the position of the Roma and Egyptian population in the labour market. The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment in respect of employment and occupation for Roma and Egyptians in Montenegro. Please provide information on the impact of the relevant strategies and action plans on the situation of these minorities in the labour market, including statistical data.

Enforcement. Further to its previous comment pointing out the low number of cases of discrimination registered by the labour inspectorate, the Committee notes the information provided by the Government on the number of complaints alleging discrimination in employment and occupation, based on the grounds set out in the national legislation, registered by the Ombudsperson, showing a marked increase over the period 2020–23 (55 cases in 2020; 64 in 2021; 117 in 2022; and 122 in 2023). The Committee requests the Government to provide information on: (i) the number and nature of complaints alleging discrimination on the grounds specified in the Convention, submitted to the labour inspectorate, the Ombudsperson, or the courts, as well as any sanctions imposed and remedies provided; and (ii) any activities undertaken to raise awareness of the relevant legislation and to strengthen the capacity of competent authorities — including judges, labour inspectors, and other public officials — to identify and address cases of discrimination.