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Regarding the chauvinistic messages directed against our fellow citizens - members of minority nations and other minority national communities in Pljevlja, we want to express indignation and revolt due to the fact that such situations occur in modern, independent and multiethnic Montenegro, as well as to appeal to all authorities to bring the perpetrator or perpetrators of this serious crime to justice as soon as possible.

Respect for basic human rights and protection of national minorities are fundamental factors in the stability and socio-economic development of any state. The principle of respect for uniqueness within unity and unity within diversity is defined at the level of the European Union as a clear integration condition, which manifests the degree of protection of minority rights and preservation of their identity, and thus the degree of democracy in a country.

According to the Constitution, Montenegro is a civil and social justice state, inhabited by different ethnic groups characterized by their identity, culture, religion and artistic heritage. Despite the differences between these ethnic groups and the fact that no ethnic group makes up the majority of the population, Montenegro has developed a model of coexistence based on general interethnic tolerance and constitutional guarantees for the protection of minority rights.

In an extremely sensitive socio-political environment, it is necessary for all actors to accept the responsibility of creating a social climate that will free current and future generations from the stigmas of the time in which we live, as well as to make more determined efforts to improve relations with strong condemnation and non-criminal of the past.

CEDEM strongly advocates an open, anti-fascist and free society, as well as a just state in which, without exception, security and dignity will be guaranteed to all its citizens.

Therefore, we appeal to the competent institutions for greater efficiency and transparency in the protection of security and property of citizens and the freedoms and rights established by the Constitution, but also preventive action, so that members of minority nations feel equal and safe, without fear for their lives and property.


Centar za demokratiju i ljudska prava (CEDEM) je održao dvodnevnu Akademiju o Evropskoj Konvenciji o ljudskim pravima i slobodama, na temu zaštite od diskriminacije lica sa invaliditetom u praksi crnogorskog pravosuđa i Evropskog suda za ljudska prava. Cilj ove Akademije se odnosio na pružanje praktičnog i teorijskog znanja o antidiskriminacionom zakonodavstvu, zaštiti od diskriminacije lica sa invaliditetom i omogućavanju ravnopravosti osoba sa invaliditetom sa drugim licima. Seminar je održan 14. i 15. septembra 2020. godine u hotelu Bianca, u Kolašinu, a na njemu su učestvovali mladi kadrovi u pravosuđu - stručni savjetnici/e gdje je poseban akcenat bio na predstavnike redovnih sudova i državnih tužilaštava.

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Predavači na akademiji su bili dr Vesna Simović Zvicer, profesorica na Fakultetu političkih nauka Univerziteta Crne Gore i predsjednica Sudskog savjeta, Milena Krsmanović, savjetnica Zaštitnika ljudskih prava i sloboda Crne Gore i Valentina Pavličić, zastupnica Crne Gore pred Evropskim sudom za ljudska prava.

Direktorica CEDEM-a, Milena Bešić, u uvodnom izlaganju je naglasila važnost poštovanja prava lica sa invaliditetom kroz elaboraciju crnogorske uključenosti u međunarodno pravne tokove. Ona je navela da je Crna Gora u Ustavom definisana kao „građanska, demokratska, ekološka država sa socijalnom pravdom, zasnovanom na vladavini prava“, te da je Crna Gora ratifikovala sve ključne međunarodne ugovore, sporazume i konvencije o ljudskim pravima. S obzirom na njihovu suprematiju, njima se garantuje efikasna zaštita od diskriminacije u domaćem zakonodavstvu, Bešić je navela da se u praksi sudovi rijetko pozivaju na međunarodno pravo kao izvor prava na osnovu kojeg donose svoje odluke.

U okviru prvog dana, dr Vesna Simović Zvicer je koristeći se analizom diskursa, učesnicima objasnila negativan uticaj koji korišteni termini poput: invalid, hendikepirani, invalidno lice, lica sa posebnim potrebama imaju na lica sa invaliditetom, kao i istorijat korišćenja tih termina u međunarodnim konvencijama. Simović Zvicer je ukazala na potrebu uključivanja lica sa invaliditetom u procese donošenja odluka koji su usko vezani za njihove potrebe. Interkativnim radom sa učesnicima je doprinijela da se mladi kadrovi u pravosuđu bolje upoznaju sa usklađenošću crnogorskog zakonodavstva sa anti-diskriminatonim standardima EU i Savjeta Evrope

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Milena Krsmanović je u toku drugog dana Akademije, interkativnim predavanjem upoznala učesnike sa institucijom Zaštitnika ljudskih prava i sloboda Crne Gore, kao i sa praksom crnogorskog pravosuđa i institucije Ombudsmana u zaštiti od diskriminacije lica sa invaliditetom. Uz to napomenula je da postoje brojne vrste afirmativnih akcija za zaštitu prava lica sa invaliditetom i da će one postojati sve dok se ne postigne zadati cilj – jednaka mogućnost uživanja svih zakonski propisanih prava.

Kroz svoje predavanje usmjereno na približavanje prakse Evropskog suda za ljudska prava u oblasti zaštite od diskriminacije lica sa invaliditetom, Valentina Pavličić uputila je savjete učesnicima da svojim angažmanom i primjenjivanjem novih normi, standarda i praksi i svojom konstantnom posvećenošću mogu promijeniti društvo na bolje, doprinoseći da Crna Gora ima dobro primijenjenu pravnu praksu koja je u skladu sa svetskom i evropskom praksom.

Akademija je održana u okviru projekta "Multisektorskim pristupom za zaštitu prava i osnovnih sloboda LSI” koji je podržan od strane Ministarstva za ljudska i manjinska prava. 

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Respect for basic human rights and the protection of national minorities are fundamental factors in the stability and socio-economic development of any state. The principle of respect for uniqueness within unity and unity within diversity is defined at the level of the European Union as a clear integration condition, which manifests the degree of protection of minority rights and preservation of their identity, and thus the degree of democracy in a country.
According to the Constitution, Montenegro is a civic, ecological state of social justice, inhabited by different ethnic groups characterized by their identity, culture, religion and artistic heritage. Despite the differences between these ethnic groups and the fact that no ethnic group makes up the majority of the population, Montenegro has developed a model of coexistence based on general interethnic tolerance and constitutional guarantees for the protection of minority rights.
However, such ethnic heterogeneity, along with differences in religion, gender, politics and other, carries a certain risk of conflict and affects the existence of discriminatory attitudes and practices that may disavow the application of adopted legal standards and jeopardize political and social consensus on essential issues of democratic country development. Therefore, continuous monitoring of the phenomenon of discrimination and perception of the degree of discrimination on various grounds, as well as monitoring the implementation of regulations and assessing their impact on the creation of an equal society are an integral part of minority policy.
With this in mind, CEDEM regularly conducts research that seeks to point out certain changes in the political, legal and social field, but also persistent challenges and shortcomings that affect the protection of the rights of minority peoples and minority national communities. The research conducted by CEDEM within the said project included the following segments: a) analysis of the domestic legal framework for the protection of the rights of minority peoples and minority national communities, with reference to international legal documents and comparative practice; b) secondary data analysis through which new hypotheses are set based on the same data sets; and c) a meta-analysis that combined and synthesized different mutually independent studies, integrating their results into a common, unique result. Methodological objectives and instruments have been set to provide an adequate volume of data in relevant areas to make the research epistemologically valid.
Relevant indicators used for the research show that the position of minority peoples and communities has improved (both in terms of quantitative indicators and in relation to the implementation of measures of competent institutions), but that there are still legal shortcomings related to the implementation of multiethnicity policy. and multiculturalism, as well as problems in exercising constitutionally guaranteed rights. This primarily refers to the absence of legal solutions that elaborate the application of affirmative action measures, especially in the field of political representation of the Roma community, as one of the smallest, but socially and economically most vulnerable minority communities in Montenegro.
Namely, in the normative-political sense, Montenegro is undertaking efforts in terms of establishing a normative-legal framework for the protection of minority rights and the implementation of the policy of multiculturalism. The relevant legal framework consists of international agreements, the Constitution guaranteeing the protection of the rights and freedoms of minority peoples and other minority national communities and a set of legal regulations in certain areas: health, education, social and child protection, housing.
The Constitution also contains a provision on supremacy and direct application of international legal norms in relation to domestic legislation. It should be noted that there are numerous provisions in international documents that refer to minorities, but not generally accepted international standards, nor universal rules according to which the rights of minorities are clearly regulated, except for the prohibition of discrimination and the generally formulated right to preserve ethnic and religious identity. When it comes to the protection of minority rights within the EU, the norms related to this area of ​​human rights do not have their direct basis in EU legislation, which sets certain limits in assessing the degree of realization of these rights, especially in countries aspiring to EU membership.
Although the analysis did not reveal major legal shortcomings, ie collisions with international standards, but more needs for certain constitutional - legal concepts and guarantees to be operationalized and concretized through appropriate legal norms, field research indicated the need for more efficient application of minority policies in practice. The reasons for this are multiple: vagueness / indeterminacy of formulations of certain legal standards, socio-cultural environment in which minority policy is implemented, but also the influence of economic factors, and the effect of individual characteristics of citizens on ethnic distancing.

The statistics that provide data at the municipal level, which were also analyzed during the survey, provided an additional look at the factors influencing ethnic distance. For this purpose, the so-called intraclass correlation coefficient which showed that municipalities, as specific environments, have a strong effect on ethnic distancing. To obtain valid data, each indicator was controlled via key demographic variables, using hierarchical linear modeling. According to the obtained data, the municipalities that are characterized by the highest degree of ethnic distancing are Plav, Savnik, Andrijevica and Berane.
This effect is most pronounced when it comes to ethnic distancing from those who declare themselves as Serbs, more precisely, almost 25% of distancing in relation to this ethnic group depends on the municipality in which people live, and not on their personal characteristics. A high percentage in this regard was also recorded when it comes to Montenegrins, while in relation to Albanians and Roma, it was determined that no municipal characteristics affect the degree of ethnic distancing towards members of these minority communities. When it comes to ethnic distancing from Croats, it was concluded that the increase in cultural capital in the municipality can, as expected, lead to a decrease in ethnic distance towards members of this community. Indicatively, the increase in the economically active population in the municipalities reduces the ethnic distance towards Montenegrins and Serbs, but increases it in relation to Bosniaks and Muslims.
In the second part of the research, a qualitative analysis of the content of 54 published documents on national minorities and issues of discrimination was conducted. The total extension of this material included over 1200 pages of various formats, from which 20 focused codes were obtained by applying the open coding procedure.
Most of the narratives concerning minority rights are, in fact, the protection of minorities. In the narrative itself about the protection of the rights of minorities, the rights that minorities have are most often spoken of in general, and conventions that need to be insisted on in order to respect those rights.
The analysis of available reports and materials indicated normative shifts in terms of protection against discrimination, but also from the point of view of the application of the Framework Convention for the Protection of National Minorities. Namely, the Advisory Board noted the general progress in the legislative and institutionalized sense, as well as in terms of collecting data on persons with unresolved civil status and strengthening the system of financial support to minority councils and communities. The practice of using the language and script, as well as the education of members of minorities in their script, was assessed as correct.
Also, the efforts of Montenegro aimed at strengthening intercultural relations and social cohesion were noted. According to the relevant institutions, there is a good legal framework, including the institution of the Ombudsman, as well as legislation that prohibits and sanctions discrimination on various grounds. Funding for cultural projects and consultative mechanisms of minority communities (together with various state sources of funding open to national minorities) has been raised to a higher level compared to the previous period.
One of the most common codes is the one related to Roma and Egyptians and which includes a large number of contents related to the Strategy for Social Inclusion of Roma and Egyptians in Montenegro and other strategic approaches and documents aimed at improving the position of members of the Roma and Egyptian communities. These findings are in line with the results of the legal analysis and indicate the need to create normative conditions for the political representation of Roma.
Based on the results of all three research segments, two priority areas for action have been defined. The first area includes employment (citizens clearly indicate that discrimination is very present in this area), ie adequate representation of members of minority peoples and minority national communities in the public sector, but also in other sectors. The second priority, ie a problem that requires urgent solution, is the problem of discrimination against political dissidents, which is present in Montenegrin society, as well as the possibility of facilitating the representation of all ethnic communities in bodies that make the most important political decisions. in Parliament). This requires certain applications at the normative level, primarily through appropriate changes and adjustments to the Law on the Election of Councilors and Deputies.
In addition, it is necessary to work on strengthening the underdeveloped political and general habitus of Roma and Egyptians in Montenegro, which is conditioned by an underdeveloped political organization, which prevents this community from articulating and effectively representing its rights, nor from exerting appropriate pressure on functionally functioning institutions in charge of protecting their rights. In that sense, enviable progress has been made in recent years in the formation and operation of various NGOs that bring together members of the Roma and Egyptian communities and actively advocate for the protection of their rights, but these organizations still lack adequate visibility and support of Montenegrin society and state, neither materially nor professionally.

A significant shortcoming is the fact that the Strategy for Social Inclusion of Roma and Egyptians in Montenegro 2016-2020, adopted in March 2016, does not prioritize the political representation of this community and the inclusion of its members in public affairs (res publica). On the other hand, NRIS, as a strategic framework of the EU until 2020, recommends that the social inclusion of Roma and Egyptians include, among other things, the active participation of the Roma and Egyptian communities in the public life of countries.
In the end, we conclude that for the full affirmation of the rights of minorities, a systemic approach is necessary that will enable more efficient realization and protection of the rights of minority peoples and minority national communities, and which goes beyond the normative efforts undertaken by the state. It is especially important that local governments take greater responsibility for the implementation of local public policies, and that they promote a democratic culture and develop a proactive approach to multiethnic governance.

The publication is available at this link https://www.cedem.me/publikacije/studije-i-javne-politike/send/69-studije-i-javne-politike/1977-pravna-analiza-zastita-prava-manjinskih-naroda-i-drugih-manjinskih-nacionalnih-zajednica-u-crnoj-gori  and was published as part of the project "Strengthening the system for a society of equal rights", which is supported by the Ministry for Human and Minority Rights.


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The Center for Democracy and Human Rights (CEDEM) conducted a survey aimed at identifying and measuring citizens' attitudes about key environmental issues, as one of the most pronounced problems of today. The research was conducted on a sample of 1004 respondents, which is representative of the entire adult population of Montenegro, and on the other hand, presented only those who live in six municipalities in the north: Pljevlja, Zabljak, Savnik, Bijelo Polje, Mojkovac and Berane , in order to have a sufficient number of respondents in each of the municipalities and thus ensure the accuracy of the measured attitudes.

When it comes to the importance of environmental problems in the world, Montenegro and their local environment, citizens to the same extent (49.5%) assess the severity of environmental problems, both in the world and in Montenegro and the municipality in which they live. Most citizens perceive the problems in the world to a greater extent as worrying in relation to Montenegro and their municipality, except for those who live in Pljevlja, Nikšić and Plav.

Climate change, as one of the biggest problems of environmental protection, is considered by a large number of citizens, to a greater or lesser extent, as a very pronounced problem. When analyzing data by municipalities, the citizens of Herceg Novi, Bar and Budva point out this problem the most, and the citizens of Ulcinj, Tivat and Plav the least.

Although every fourth citizen often follows shows on environmental issues, citizens living in the observed municipalities in the north are less aware of the media that treat this issue than those living in other municipalities, so the data show that the most active are the citizens of Bar and Herceg Novi, and the least active are the citizens of Plav i Cetinje. On the other hand, the largest number of citizens (44.2%) believe that this topic is being discussed, but that it should be more frequent.

In the research, we asked the respondents a question concerning the biggest environmental problems that concern citizens, and we came to the conclusion that citizens express high concern for a large number of problems. The data indicate that there are large differences between municipalities in terms of assessing the biggest environmental problems. For example, in Bijelo Polje, the biggest problem is waste disposal, and in Berane, in addition to this, the problem of waste spilling into rivers is also significant. In Pljevlja, the thermal power plant is the most pronounced problem, while in Podgorica the biggest problem is the spillage of waste into rivers and waste disposal. In Niksic, citizens are most worried about air pollution due to exhaust gases and plastic disposal. In Cetinje, Herceg Novi, Ulcinj, Bar, Budva, Tivat, Kotor and Rozaje, waste disposal is also a big problem. The citizens of Plav and Tuzi are most worried about the problem of illegal landfills and air pollution, while the citizens of Savnik and Zabljak are most worried about deforestation. When comparing the biggest environmental problems in the six municipalities in the north with other municipalities, the most prominent problems are thermal power plants, deforestation and air pollution due to exhaust gases.

The majority of citizens (49.4%) believe that politicians, as one of the main actors in environmental protection, do not talk about this topic often enough. This further initiates that they are considered the main culprits for ineffective environmental policy, because they do not consider this topic important enough, and therefore rarely talk about it in public.

Every third citizen believes that the Government and its ministries, and every fourth believes that citizens are the most responsible when it comes to environmental protection. In the research, citizens especially evaluated the contribution of key institutions when it comes to the results in terms of the fight for environmental protection, where they were best evaluated by non-governmental organizations (41.9%), media (39.5%) and international organizations (34.7%). ). Private companies (15.6%), state-owned companies (19.2%) and parliament (19.2%) were rated the worst.

We also measured the attitudes of citizens about the environment, and the research showed that we measure the highest level of environmental awareness in Kotor (61%) and Herceg Novi (60%), and the lowest in Plav (28%) and Niksic (31%).

Finally, the level of education significantly affects environmental awareness, and members of the older generation have a lower level of environmental awareness, which is still an indicator that measurable progress has been made in terms of media placement, conversation and education for environmental benefits among younger generations.

This research was conducted with the key goal of creating a platform for a more skillful and efficient fight for a healthier environment, which is the responsibility of all citizens, the political establishment, marketing and the media. Also, RTV Pljevlja will in the coming period realize the show "Eco Zone" with the aim to discuss with relevant interlocutors from Montenegro and the region the results of this research, and offer recommendations for improvement in this area.

The research was conducted within the project "Media Center for Environmental Reporting" conducted by RTV Pljevlja, CEDEM and Green Home with the support of the European Union in Montenegro and the Ministry of Public Administration of Montenegro.

 

The Center for Democracy and Human Rights (CEDEM) informs the public that data concerning the ratings of political parties, circulating on social networks and private messages, are not the result of our research.

CEDEM always publishes all its findings publicly and informs citizens and the general public through the media. This was also the case with our latest research, the findings of which we presented at a press conference on Thursday, August 13th.

It is understandable that the results of the research can be useful to political parties during the election campaign, however, the misuse of our name and falsification of data, with the aim of collecting political points, are really not the way.

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