跳到主要内容
Nelum
黑山的法律

Action Plan for the Achievement of Gender Equality in Montenegro (2008-2012)

颁布于 2008 · 文本截至 2026-10-01

以研究形式发布的公开法律与官方指引,不构成法律、税务或金融建议。

研究内容本身以英文撰写。标题和标签已翻译,调查结果和引文未翻译。

关于这部法律

语言
English
类型
policy
组织
European Union
国家
黑山
主题
Agricultural and rural development
关键词
gender, education, public participation, governance, research, social protection, public health, rural employment, youth, labour

在哪里阅读

    该法律没有记录来源链接。

文本

所收录的法律原文,按条款排列。每个条款都有自己的链接。

  1. Action Plan for the Achievement of Gender Equality in Montenegro (2008-2012) 1. Introduction Action Plan for the Achievement of Gender Equality in Montenegro represents development document for the implementation of gender equality policy. It is based on the international and national legal sources that treat gender equality issue. Gender policy can’t be separated from equal acknowledgement, enjoyment and protection of human rights, realisation of social justice, social inclusion and achievement of sustainable development. Also, gender equality is the necessary precondition which makes Montenegro closer to European integration and the circle of European Union states but also in accomplishing current obligations as a member state of Council of Europe both on legal and political level as well as on the level of reality. Action Plan for the Achievement of Gender Equality in Montenegro, hereinafter APAGE, is profiled in a way that ideologically, politically and legally fits in the system of Montenegro. The main idea of APAGE is the idea of balanced and stable development of Montenegro aiming at accession to European integration. Political dimension of APAGE is visible in its correlation to the other adopted development documents, strategies, policies and in many parts represents its realisation. Legal framework consists of the international obligations and the current national laws. From above mentioned comes out the realism of this document that contains strategic goals, development goals and measures which realisation is possible in the four years period. APAGE is a document adopted by the Government of Montenegro but its successful realisation calls for the cooperation and coordination of the Ministry for Human and Minority Rights and the Governmental Gender Equality Office altogether with male and female members of the Parliament of Montenegro, ministries in charge, administration bodies, public institutions, local administration bodies and civil sector. APAGE is adopted for four years period and for areas defined by the Beijing Declaration and Plan for Action. Out of 12 critical areas where gender inequality is the most marked in the Beijing Declaration, Montenegro has chosen 8 areas where plans to act towards in the future period aiming at achieving gender equality. These areas are selected as the most significant in the public discussion preceded the formulation of APAGE. APAGE selected the following areas of concern: European integration, Education, Health, Violence against Women, Economy and Sustainable Development, Politics and Decision-making, Media and Culture and Institutional Mechanisms for creation and implementation of gender equality policy. National, regional and global experiences were used in the creation of APAGE. 2. Legal framework The APAGE is based on national legislative and international human rights declarations produced by the United Nations, the Council of Europe, the European Union, and other international organizations in parts related to equality of women and men. It is important to be stressed that APAGE contains the obligations and recommendations of the Regional Declaration on Cooperation of Institutional Mechanisms for Gender Equality from Bosnia and Herzegovina, Serbia, Montenegro and Macedonia (2005). 2.1. International Resources • UN standards for the achievement of gender equality The need for establishment of gender partnership in political life of women and men comes out from international documents: The Universal Declaration on Human Rights (1948), The Convention on the Political Rights of Women (1952), The Convention against Discrimination in Education (1960), The Convention on Civil and Political Rights (1966), The Convention on Economic, Social and Cultural Rights (1966), The Declaration on the Elimination of Discrimination Against Women (1967), The Declaration on the Protection of Women and Children in Cases of Danger and Armed Conflict (1974), The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979), The Declaration on the Elimination of the Violence Against Women (1993), The Beijing Declaration and Platform for Action (1995), The Universal Declaration on Democracy (1997), The Optional Protocol for the Convention on the Elimination of All Forms of Discrimination Against Women (1999), Security Council Resolution 1325 (2000), and The United Nations Millennium Declaration (2000 - 2015). Eight MDGs are as following: Goal 1: Eradicate extreme poverty and hunger; Achieve universal primary education; Promote gender equality and empower women; Reduce child mortality; Improve maternal health; Combat HIV/AIDS, malaria and other diseases; Ensure environmental sustainability; Develop a Global Partnership for Development. • EU standards for the achievement of gender equality Above all, the right of women on equal treatment represents a fundamental human right. Discrimination is recognised as a politically unacceptable, economically ungrateful and legally prohibited. In that way, gender equality becomes one of the main elements in reform processes. Gender equality as a legal principle in national legislative is not very often in compliance with the EU law. One of the preconditions for compliance of provisions of a state with EU standards is the respect of women’s human rights and the establishment of anti-discriminatory mechanisms. Respect of these principles is expected from all member states and also from the states who wish to become the EU members. The importance of human rights, within the strategy of social and economic development, is clearly defined by the Amsterdam Treaty from 1997, by which the economic union has become the political union. This treaty legally defines human rights, in particular the principle of equal treatment of women and men and prohibition of discrimination based on sex. Treaty obliges the Community to tend to eliminate inequality and promote equality between women and men. Protection and promotion of women’s rights and gender equality is assured by legal acts passed by Union bodies i.e. regulations, directives and decisions that are obligatory as well as resolutions and recommendations by which the aims of Union are defined. The Union recommends the implementation of certain measures to the member states. • EU legislation related to gender equality and equal treatment of women and men EU Roadmap for equality between women and men 2006-2010 (equal economic independence for women and men; reconciliation of private and professional life; equal representation in decision-making; eradication of all forms of gender-based violence; elimination of gender stereotypes; promotion of gender equality in external and development policies). The Council Directive 75/117/EEC, 10 February 1975 on the equal payment of men and women The Council Directive 76/207/EEC, 9 February 1976 on equal access to employment, professional training, advancement at work and working conditions The Council Directive 79/7, 19 December 1978 on the equal treatment of men and women in the field of social protection The Council Directive 86/378/EEC, 24 July 1986 on equal access of men and women to social security The Council Directive 86/613/EEC, 11 December 1986 on equal treatment of men and women in agriculture, those who are self-employed; and in support of maternity laws that protect women The Council Directive 92/85/EEC, 19 October 1992 on the protection of pregnant women at work and on their access to maternity leave The Council Directive 96/34/EEC, (19/6/96) on time-off for child-care The Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes The Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions The Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services The Council Decision 95/593/EC, 22 December 1995 on mid-term action to provide equal opportunities to women and men; The Council Decision 2001/51/EC which starts the program related to the Framework Strategy on Gender Equality 2001-2005) Decision No 1554/2005/EC of the European Parliament and of the Council of 7 September 2005 amending Council Decision 2001/51/EC establishing a programme relating to the Community framework strategy on gender equality and Decision No 848/2004/EC establishing a Community action programme to promote organisations active at European level in the field of equality between men and women The Council Recommendation 84/635/EEC, 13 December 1984 on the support of women The Council Resolution, 27 March 1995 on equal participation of women and men in the decision making process. • Council of Europe legislation related to gender equality and equal treatment of women and men: Key legal documents on gender equality of the Council of Europe are: the European Convention for the Protection of Human Rights and Freedoms, European Social Charter and the series of recommendations of Committee of Ministers and Declaration on Gender Equality as a precondition of democracy (The Recommendation R(2003)3 on the equal participation of women and men in politics and decision-making, The Recommendation R(90)4 on non-sexist usage of language, The Recommendation R(85) on domestic violence, The Recommendation R(98)14 on mainstreaming gender into public policies, The Declaration on Policies to Combat Violence Against Women in European Democracies (Rome III, the European Ministerial Conference), The Declaration on Gender Equality as a Prerequisite to Democracy, The Resolution, Declaration and Programme for Action adopted at the Fifth European Ministerial Conference on Equality Between Men and Women (Skopje, January 2003), The Recommendation R(2000)11 on the prevention of human trafficking for the purposes of sexual exploitation, The Recommendations adopted in the seminar “Men and Violence against Women” (October 1999),The Recommendation R(91)11 on sexual exploitation, pornography, prostitution and the trafficking in children and youth, Recommendation 1325 (1997) of the Parliamentary Assembly on the Trafficking of Women and Forced Prostitution, Recommendation R(96)5 on reconciliation of work and family life, Recommendation R(2002)5 on protecting women from violence, Recommendation R(2003)3 on balanced participation of women and men in decision making. 2.2. National legal resources The Constitution of Montenegro, in Chapter Human Rights and Freedoms, stipulates that the state assures the equality of women and men and develops the equal opportunity policy. For the achievement of gender equality the constitutional provision is important by which the international treaties and accepted rules of international law are the integral parts of domestic legal system and that they have the primacy over the national legislative and are directly applied when different from national legislative. New constitutional provision is the prohibition of direct and indirect discrimination of any kind. Introduction of special measures (positive actions that are aimed at elimination of inequalities) shall not be considered as discrimination. Guarantees assured by the Constitution of Montenegro are elaborated by series of laws related to labour, employment, pension and invalid insurance, education, health and social protection, protection at work, family relations, and criminal offences. Law on Gender Equality (O.J. 46/07) was passed in 2007. The law establishes the state administration body in charge for tasks related to gender equality and that is the Ministry for Human and Minority Rights. Law on Gender Equality stipulates the mechanisms for gender equality. Aimed at elimination of discrimination based on sex and achievement of gender equality the law stipulates the obligations of state administration and local self-government, public institutions and other legal entities with public competences. The law stresses the role of civil sector and provides a significant space for action of the NGOs in all activities towards achieving gender equality. Positive legislative in Montenegro contains normative guarantees expressing the administrative policy of Montenegro on equal access to legal and political processes, social service, health and medicine protection, education, programs for literacy, employment, property ownership and social assistance services as well. Discriminatory provisions aren’t contained by any law and all rights and obligations are equally related to both women and men. However, this normative approach of so called neutral norms leaves the space for discrimination in practice, which requires the legislation of additional guarantees for prevention and elimination of discrimination, cited in international documents and generally accepted rules of international law. Thus, the lack of current legal system is as following: • Regulations are not enough gender sensitive; • Regulations don’t give special guarantees for equality of women and men in protection and enjoy of human rights, i.e. the discrimination of women based on sex or marital status is not specially prohibited. 2.3. National policies strategies The Action Plan is in correlation to the existing developing documents, strategies and policies in Montenegro, including: • National Program of Integration of Montenegro to the EU; • National Strategy for Sustainable Development; • National Strategy of Employment and Development of Human Resources for the period 2007-2011; • The Strategy for Development and Poverty Reduction; • The Strategy to Combat Human Trafficking; • The National Action Plan for The Decade Inclusion for the Roma People 2005-2015 in the Republic of Montenegro; • The Strategy for Improvement of the Status of RAE population in Montenegro 2008 2012; • The Strategy for Integration of Disabled Persons in Montenegro; • The Strategy of Advancement of Reproductive Health. 2.4 Institutional Mechanisms for Gender Equality Two institutional mechanisms that support gender equality have been established in Montenegro: The Committee for Gender Equality in the Parliament of the Republic of Montenegro was established on 11 July 2001 as a permanent working body of the Parliament with the following mandate: “Committee monitors and promotes human rights and freedoms related to gender equality guaranteed by the Constitution, in particular: • Reviews draft legislation to ensure the promotion of gender equality, encourages the implementation and realisation of this principle in the laws of the Republic; • Incites and suggests the endorsement of international documents on gender equality and monitors the implementation of these documents in the Republic; • Recommends measures and activities for improvement of gender equality, in particular in areas of education, health, public information, social policy, employment, entrepreneurship, family relations and decision-making processes; • Participates in the development of programs on gender equality that coincide with the European Union’s standards; and, • Cooperates with NGOs dealing with gender equality issues. The Gender Equality Office was established at the Government session held on 27 March 2003. Based on the Law on Gender Equality, the Ministry for Human and Minority Rights is in charge for achievement of gender equality, in particular: 1. coordinates all activities aimed at achieving gender equality and participates in preparation and adoption of action plans for the establishment of gender equality in all levels; 2. monitors the implementation of international documents and conventions, as well as adopted standards from gender equality field, undertakes measures for its implementation in the legal system of Montenegro, and creates qualitative monitoring of the respect of those documents; 3. prepares Action Plan, proposes its adoption and monitors its implementation; 4. prepares programs for the implementation of the Action Plan on the basis of reports of organs for areas from their competencies; 5. conducts research and analysis on the status of gender equality and analysis needed for the implementation of Action Plan, and data collection within co-operation on national and international level; 6. prepares reports on fulfilment of international obligations by Montenegro in the field of gender equality; 7. cooperates with local administration bodies and provides assistance for the establishment of mechanisms for the achievement of gender equality on local level; 8. establishes cooperation with non-governmental organisations; 9. undertakes and incites activities on the education on gender equality and organises issuance of publications aimed at promotion of gender equality; 10. investigates complaints of citizens about direct or indirect discrimination based on sex, holds for attitudes and gives opinions and recommendations, and when needed informs Human Rights Ombudsman on existence of discrimination based on sex; 11. submits annual report to the Government on implementation of the Action Plan; 12. performs other tasks related to the implementation of gender equality, in accordance with this Law. 3. Summary of the status of gender equality 3.1. Introduction – demography 1 In 2003, Montenegro had 620.145 inhabitants, out of which 314.920 were women. There were 103 women on 100 men in 2003. Greater number of women in relation to men is usual situation in many countries in the world, except for those undeveloped, and it is the result of lower mortality rates in relation to the mortality of men, i.e. their longer life expectancy. On the other hand, in all human population and in Montenegro as well, boys are more frequently born than 1 The demograph overview has been created based on official statistical data from MONSTAT – publication “Women and Men in Montenegro 2005” girls. Thus, in 2003 on 100 girls there were born 109 boys, i.e. girls represented 47.9%. 2 However, during lifetime, the mortality is firstly going towards the balance of women and men of the same generation, and after that towards the increase of the number of women in relation to men. In Montenegro, the deficiency of women in relation to men in 1991 was till the age of 40, when the reverse trend started, and at the age of 75 and older, there were even 156 women on 100 men. Data from the population census conducted in 2003, however, show that in the age of 25-29 there is a slight larger number of women, and in 50-54 years of age there is an increase in the number of women. In the generation of 45-49 years of age, completely unusual, there were more men than women, which can be explained with migrations and increased mortality in this generation. Men die more than women in the age of 20 till 75, and in the youngest age 0-4 as well. Women die more than men in the age of 5-14 and when they are very old (75 or more). Both women and men in Montenegro most frequently die from the flow of blood diseases, and this is more frequently with women than men (54% against 46.8%). Data on violent death of women and men showed that in 2003 in relation to 1991 appeared a significant increase of women. The percentage participation of women in violent death in 2003 was 30.9%. Maternal mortality rate in 2001 showed the decrease in relation to 1998 (22.6% against 32.6%). Women in Montenegro are giving birth evermore older: the most frequently in the age 25-29 (31.4%), then in the age 20-24 (29.9%), and very frequently in the age 30-34 (21%). Montenegro accompanies the modern demographic trends in this regard, entering older into marriage and giving birth as well. Women are more frequently entering into marriage in the age of 20-24, and men in the age 25-29. Even 14.3% of women got married earlier than the age of 20. In 2003, there were 12 divorces on 100 marriages. 3.2. Education Montenegro has a positive tradition in education of girls and boys. “Until 1887 there were already 8 schools in Montenegro, attended by three-hundred boys, and the Cetinje school beside boys was attended by 12 girls. In 1871/1872 Montenegro had 38 schools with 2000 pupils among which there were 108 girls” (Filipovic, CID, 2003, p.143). The first female secondary school in Montenegro has been established in 1869. It was the Female Institute of the Empress Marija Aleksandrovna in Cetinje. (Filipovic, CID, 2003, p.101). Due to differences in the age structure of women and men, and less due to differences in inclusion by elementary education in current young generations, illiteracy was higher among women than among men. Thus, in Montenegro, in 1991, there were 82.3% of illiterate women. When we compare 1991 and 2003 it shows that there is an increase of girls among enrolled pupils (on 100 boys, 90 to 93 girls) in the first class of elementary education, but to the decrease among enrolled in the first class of regular schooling (from 98 to 91 girls on 100 boys). 3 If we 2 Even if it is about biology, it is mostly between 105-107 boys on 100 girls. Thus, these data should be carefully monitored, considering the possibility that some parents decide to have an abortion when they find out it is a female fetus. This problem is strengthened by the fact that thanks to private health institutions the statistical monitoring of abortions is very unreliable. The major discrimination of all is not giving a chance on life due to male and female sex. 3 In order to objectively assess whether there is a discrimination in the elementary and secondary education inclusion it is necessary to compare rates of inclusion of boys and girls (number of boys, i.e. girls who attend regular school, in relation to total number in that generation), but not the percentage participation of female and male children, considering the fact that in younger age there is an excess of boys than girls, and that during total inclusion the assume that there is no significant change of the sex structure in that generation, this is the indicator that points out the decrease of high school attendance by girls. In younger generations, at higher levels of education, especially at the university level, differences are rapidly decreasing, which is in accordance with processes in other post-communist countries. Thus, in the period 1999/2000 till 2003/2004 there is a visible increase of the number of enrolled students (from 115 to 157). Students made only 38.9% of enrolled in 2003/04. Between 1999 and 2003 there was a decrease of the participation of men among graduate students at the faculties (from 41.6% to 38.8%). This process of feminisation of university education has double effect: on the one side it provides better integration of women working at the labour market, i.e. increases their opportunities for vertical promotion, but on the other hand, simultaneously, indicates the decrease of the education importance for social stratification, or promotion. In other words, “the withdrawal” of men from the education, which is the general trend, especially characteristic for Eastern and Central Europe is the indicator of the decrease of the education significance, and perhaps more than the achievement of gender equality. In this sense, these data should be treated much more careful. Even though the feminisation is mainly expressed at the university level, it is less present at higher levels, master and PhD studies. This is, also, well known rule that higher you go fewer women could be found. In 2003, there were 38.1 women with master’s degree, and only one woman out of five among PhD. Similar trend of decrease of women with the increase of the level can be found among employees in the education. Thus, in 2003/2004 there were 66.5% women as teachers in elementary schools, 57.8% in secondary schools and 41.1% at faculties. In pre school institutions there were even 94.8% of women out of all employed people in 2003! These data show how children, thanks to family and society, very young accept as “normal” these professions in which women “take care” of others, and accept also as “normal” that women are excluded from the hierarchy when it comes to the higher level. For both girls and boys, the process of early socialisation taking place in the family, and out of it, in the society that is lacking men, especially men who “take care” and that are not only some kind of external authority, frequently not achievable, absent and distanced, carries a clear message towards reproduction of rigid and patriarchal gender roles. Women represent only 13.04% of elementary school directors and 4.25% of secondary school directors! Discrimination of women which results in their exclusion from decision making positions in education as in other professions, is taking place due to direct and indirect discrimination. Overburden of women, due to patriarchal division of the work in the house, is very important cause of self-exclusion of women from the game for prestigious managing positions. In education there is the segregation of educational profiles, which means that women are still educating for mainly “females” professions and men to “males”. However, due to the trend of feminisation especially at the university level, segregation is decreasing but not disappearing. percentage of girls will be less than 50%. Lack of knowledge regarding this demographic fact have an impact on frequently miss-interpretation of statistical data, by which it is, completely unjustified, claimed that girls are subject of discrimination since they represent less than 50% of elementary school pupils! This completely false indicator is presented as one of official indicators of MDGs. As the number of boys and girls varies from age to age, it is necessary to accurately count the inclusion rates that should be a part of regular statistical monitoring of education. Here, unfortunately, we are not able to give precise rates which consequently mean that we are not able to claim on the basis of statistical data that there is discrimination in inclusion. Above all this claim can be confirmed by NGO information, but it can’t have the character of precise presentation of difference, and can’t help in understanding the scope of the problem, that obviously exists, especially in minority groups. 3.3. Health In all transition states the health of citizens has been endangered due to the increase of poverty and unemployment on the one side, and endangerment of health system on the other side. In transition it happens that women “fulfill” the empty position in institutions. They are more and more engaged in medical treatment and taking care of the family and more frequently neglecting herself. Low level of general health culture, and stressed living affected by constant changes, endangers the health of women and men. Men are frequently “withdrawing” in the addiction diseases and unhealthy life styles and women are additionally becoming “victims” as nurses and “housekeepers”. The shame and withdrawal considering health, especially reproductive health is imposed upon women in the traditional culture of Montenegro. Double sexual moral disturbs the creation of women’s control over their own body, which consequently brings also the neglecting of own health and increased risk of sexually transmitted diseases. Special segment of the endangerment of female health is the endangerment at work, in particular in “grey economy”. Women are frequently engaged on very long and exhausting working time, they can’t use the maternity leave and vacation, they must work over weekends and in shifts, they are exposed to the employer’s self-will and very often to sexual assault. Women don’t report these cases since they are disapproved by the society which rather “blames the victim” than the perpetrator. Unfavourable working conditions and sexual harassment cause the stress and depression and consequently affect the general health status of women. Prejudices and shame cause women to reluctantly and irregularly go to controls, especially to the gynecologist. According to the data obtained in the research “Social status and quality of the life of women and men” 4 related to health, it can be concluded that men more frequently describe their health as excellent and rarely describe it as bad like women do. Women more frequently report chronic diseases than men, while 46% of women and 51% of men go to see the doctor only when they are sick. More educated women frequently go to see the doctor than less educated women. 48% of rural women go to see the doctor “only when they are sick” and even 54% of women in suburbs unlike 37% of women living in town do that. 16% of women regularly go to see the doctor and 28% from time to time. Even 43% of rural women against 28% of urban women have never seen the gynecologist. The research showed that women smoke and drink alcohol less than men but women frequently use sedatives. Women go in for sports less than men (22% of men and 12% of women), which shows that women don’t have time and the habit to do the recreation. When we speak about the usage of contraceptives the research showed that only 32% of women against 44% of men use the contraceptives. These medicines are frequently used by middle aged women (40%). 17% of rural women use contraceptives. Rural women and women from minority groups have less opportunity to have an impact on their health and are more under pressure of traditional behaviour regulations that increase the health risks for women. However, some positive trends can be noticed, for example: five years ago 60% of Roma women were giving birth at home and today there are only 5% with such an experience. 5 However, one half of respondents of Roma women in Niksic think that they can’t do the family planning or making an influence on the number of children. At the end, even though women make the majority of employed in the health (73.2%) they are in absolute minority at decision making positions in this area. 4 Research carried out in 2007 for the Gender Equality Office, by the Research Center Altera MB 5 It should be mentioned that this difference is mainly caused by different samples since the first data relates to the Roma women in Montenegro and the other on Roma women in Niksic and on the poll results. 3.4. Violence against women Violence against women is any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. Even though there are no data deriving from overall researches it can be presumed that in Montenegro, like in other countries, the most endangered groups are women from marginalised and double discriminatory groups (women who are unemployed i.e. financially dependant, uneducated, rural women that are isolated like women from minority groups, especially Roma women, disabled women, refuges, sick women, old women and other groups). Violence against women is more and more visible thanks to the engagement of women NGOs, but still there are no enough reliable data on its extent. 6 However, beside increased visibility of violence it can be presumed that there is an increase of all forms of violence, since the changes in the transition affect the increase of violence in general, and the violence against the most endangered people: women and children as well. All forms of violence against women are closely correlated, and when one form of violence is in increase the other forms will be increased as well. Domestic violence, trafficking in persons, sexual assaults and endangerment as misogyny in media and traditional culture are interlinked, since the physical violence is connected to psychological and economic violence against women. Traditional culture often justifies and accepts violence against women. It is extremely important that even when domestic violence is reported a few numbers of perpetrators suffer the sanctions. The fact that the victim of domestic violence is not protected when commencing the procedure, because she/he lives with the perpetrator in the same house, makes us very concerned. Criminal and family law doesn’t recognize any protection measures that would provide the security to the victims of violence, which results in the ending of judicial procedure and withdrawal of criminal charges. 3.5. Economy and sustainable development According to the Poll on the working force conducted by the Institute for Strategic Studies and Prognosis in July 2007 the results are as following: • The total number of employees is 218.609 or 87,4% out of total number of active population; • Employment rate is 51,7%; • The largest number of employees is employed in the service sector, 76,5% out of the total number of employed; • 22,6% of employed are engaged in grey economy (they work in non registered companies or work as non registered workers in registered companies). 6 Reliable data on violence against women will always be partly reliable simply because it’s about the phenomenon that is hidden and prohibited by the law. Thus, it’s important to conduct the researches that would provide reliable assessment on the extent of violence and understanding the trend of change. In current conditions there are many theoretic reasons to believe that there is a de facto increase of VAW in Montenegro in previous 10 years due to transition and war environment. When we observe the rate of the population activity of the age 15-65 according to the sex, women’s activity rate is 49,2% which is significantly lower that the men’s activity rate which is 62,1%. Differences in salaries for women and men show that in 2004 women gained only 81,7% of the income received by men. 7 This data is concerning as related to two other facts: 1) the grey economy is not included in this data, it is assumed that there are more visible differences between women and men, and 2) employed women are in average more educated than employed men. Women from minority groups are additionally faced with discrimination, which is especially visible with Roma women. For example, three third of Roma women in Niksic, who responded the poll, said that they feel partly or totally discriminated by the majority of population while looking for a job, medical control, schooling and every day communication. 8 Also, we can not forget the bad position of disabled persons at the labour market. Women in Montenegro in few cases are the owners of property which reflects the traditional attitude that only the man is the one who inherits and owns a property. Non possession of property in transitional societies makes women weaker than men who own the property and who earn more money. The research “Social status and quality of life of women and men” 9 show that the payment and security of a working position are equally important to women and men from the research sample. Women think that the money is less important to them than to men, which can be connected to the fact that their participation in family budget is lower. Women most frequently participate in the family budget with 50% at the most and men with more than 50%. Higher level of education increases the participation of women in the family budget. Also, the research shows that men are more frequently entrepreneurs than women, and that they used to have own company and then closed it (1.6% of women against 3.8% of men). Young women, as well as women with higher education, are more likely to start their own business, and even 64% of women in the age of 20-29 and 62% of women with higher and university education are ready to open private company under adequate conditions. The research showed that women aged 20-50 have 20% lower chance to own an apartment against men of the same age, and even 40% of women have less possibility to own a house against men of the same age. Data show that the number of those attending some form of additional education is equal as those that aren’t. However, among those people who didn’t gain additional education higher participation are of those who wished to gain it, and that is happening more among women than men. In average, both women and men spend most of their time at formal work, but men spend even more since they are more employed. Men spend more their time on being with friends and recreation. Altogether, they spend more time on being with friends and recreation than at formal work. The only activity that women spend more time than men are related to house works, on which women spend in average 3.6% hours. If we compile all the activities that can be considered as “work” women work 8.2 hours a day in average, and men 6.6 hours, which means that women work for 20% more than men. At the same time, they contribute to the family budget inversely proportional, just because they do unpaid work. 7 Monstat 8 The research of Roma women in Niksic 9 Gender Equality Office, 2007 Thus, it is very important to see the correlation between the women unpaid domestic work and their economic status. Women perform unpaid domestic work, which value in some countries is estimated at 40% of GDP, providing services for their families and decreasing their payment at the labour market or providing the cheap working force. At the same time, just because this work is performed by women they can’t improve themselves in their professions and become economically independent in the measure that would provide them to have a right to chose with whom or how to live. However, micro-economy of the household is deeply correlated to the micro-economy at the state level. Invisibility of women’s work, especially in the area of care economy, provides that women human resources are not adequately used. Thus, the strategy for gender budgeting, as an internationally accepted method of decreasing gender inequalities, conducted in more than 50 countries in the world, is necessary for the achievement of real, and not only declarative equality. The budget allocation should contribute to the decrease of gender inequalities towards its elimination. 3.6. Politics and decision making According to the Constitution, Montenegrin Parliament consists of 81 deputies. In the current mandate there are 71 men and only 9 women or 11,11%. Only 4 out of 14 political parliamentary parties have women in their parliamentary clubs. The president and vice-presidents of the Parliament are men. In the Government of Montenegro women are represented with 6,25% (only one woman out of 16). For the first time the vice-president of the Government is a woman. Montenegro has 21 municipalities. The mayor of only one municipality is a woman, while in three municipalities women are presidents of local assemblies. In the structure of trade unions women make 40% of its membership. In 1263 trade union organizations (companies and institutions) 329 are women or 26,05%. The Trade Union Council is the largest body between congresses and is made of 72 persons, out of which 12 (16,67%) are women. 3.7. Media and culture There are men at decision making positions in both media and culture institutions in Montenegro. Even though women are more represented in journalist profession (there are no available data on the accurate participation of women) they are less represented in media as the level of decision is higher and regardless of the kind of media. In written media, women are editors in 32,8%, editors in chief in 15.8% and directors in 12.9%. In televisions women are editors in 40.9%, editors in chief in 25% and directors in only 8.3%. 10 Similar situation is with the radio and informative agencies. Out of 143 media in even 82 there is no woman at managing position. 11 Journalist profession, that includes more women, is at the same time in very inappropriate position. Feminisation of this profession is correlated to the decrease of its status, with the increase of employment insecurity, illegal work, and law payment as well. Neither female nor male journalists are gender sensitive and tend to create the sensation that has the negative impact on the public considering gender equality issue. The issues of violence and sexual abuse of women especially represents a good base to this kind of abuse that turns back as boomerang to 10 Gender data for Montenegro, Woman Action, 2003:44 11 Gender data for Montenegro, Woman Action, 2003:38 the victims. Media content is very often full of misogyny, prejudices and stereotypes about women. Unfortunately, media globalisation doesn’t contribute to their quality, but very often, to their falling down. Not only women are seen as merely sexual objects but media becomes the center of spreading of ageism (discrimination based on the age) against women. Women appearing in media, regardless of the function and the role they perform, have to meet the standards of beauty and youth imposed by the industry of entertainment. However, thanks to the Gender Equality Office and non governmental organizations, there is a certain level of sensibilisation of media for gender issues in Montenegro. Increased number of texts, dissemination of the issue, inclusion in public campaigns, shows that feminisation of media opens the media space for women’s issues. What is needed is the strength to establish special measures directed towards affirmation of women’s creativity in the area of culture, and science as well. Also, in the school curriculums and contents, it is necessary to include different women from Montenegrin history who are neglected or forgotten and whose contributions are of permanent value. 4. Action Plan Action Plan for the Achievement of Gender Equality represents the envisaged framework of action for the four-years time period. After the assessment of the status of gender equality in Montenegro, the above mentioned areas of concern have been established. The strategic goal, objectives and measures have been determined to be undertaken in each area. Also, the implementers, partners and time framework of realisation have been determined. In order to avoid the repeating of certain measures for all defined goals here are four measures that should be undertaken in achievement of all these goals: • Compliance of legislative in all areas with national and international legal standards for gender equality; • Improvement of the data base, research and socio-economic analysis of the gender equality status in all areas of concern; • Education and raising awareness of the public on the need for introduction of gender equality in all areas of life and work; • Building capacities and encouragement of more active cooperation and participative approach of all institutional actors in Montenegro. 4.1. European integration “The equality between women and men has to become the starting point if Europe tends to meet the economic, social and demographic challenges” Vladimir Spidla said. The main goal of the EU development policy is to encourage the sustainable development designed to eliminate the poverty in developing countries. Integration of gender aspects represents the essence of its process. Actions plan tend to achieve the systematic integration of situations, priorities and needs of women and men in all policies and measures, considering the effects that these policies and measures have on the status of both sexes. Since 1992, the EU included, in all contracts with third countries, the provisions defining the respect of human rights and democracy as “the essential element” of all relations with the EU, and gender equality is the one of the key human rights field. Strategic Goal: Integrate the gender equality principle in all processes of European integration Goal 4.1.1. Introduce the goals and processes for the achievement of gender equality principle (gender mainstreaming) in all areas and activities of national policy. Measures: • Gender Equality will be promoted through the organisation of trainings, in order to achieve understanding of the importance of gender issue in the work of relevant ministries participating in the European integration process; • Equal participation of women and men in negotiating teams will be taken into consideration; • Gender component will be included in all projects of support by European Union to Montenegro; • International conference on the role of women in the process of regional cooperation and European integration will be organised; • The public will be introduced to the gender equality treatment in Montenegro in context of European integration process; • Gender sensitive indicators for monitoring of successful activities implementation in European integration will be developed. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Secretariat for European Integration, the Parliament Committee for Gender Equality Partners: International and non-governmental organisations, political parties, ministries, local self-government, media Time framework: Till the Montenegro membership to the EU Goal 4.1.2. Include the European gender equality standards in national legislative. Measures: • The implementation of the Law on Gender Equality will be monitored over the system of indicators, as a confirmation of European standards application; • Montenegrin legislative will be complied with acquis communautaire for gender equality for the purposes of integration of gender component; • Regulations and recommendations of the UN and the CoE will be monitored and implemented from gender equality perspective; • European Union legislative related to gender equality will be translated and available to the public. Implementers: the Ministry for Human and Minority Rights, the Gender Equality Office, the Secretariat for European Integration, the Parliament Committee for Gender Equality Partners: International and non-governmental organisations, ministries Time framework: Permanently 4.2. Education The achievement of gender equality in education represents main condition for economic and democratic progress and maintaining development of society. Adequate education is achieved by the optimal usage of human female resources. It is impossible to achieve equality in private and public sphere without engendering education process. Strategic goal: Equality between women and men at all educational levels. 4.2.A. Increase the level of education and integration of RAE population in educational system Goal 4.2.1. Increase the number of RAE population in educational system and balanced professional improvement of boys and girls. Measures: • New kindergartens will be opened – especially Roma’s kindergarten teachers; • The data about Roma children’s drop outs in elementary and secondary schools will be collected and published; • The action plan for prevention of drop outs of Roma’s children (boys and girls) and teenagers (male and female) from elementary and secondary schools and their reintegration in the educational process will be developed; • Gender balance in choosing educational sphere in secondary schools and universities will be encouraged; • Balanced vocational education with the analysis results of the needs at the labour markets will be worked upon, and balanced participation of both sexes while enrolling secondary schools will be encouraged; • The special gender sensitive program for student’s professional orientation will be developed; • The manual for teachers at all levels of education about gender equality will be developed; • Roma’s assistants work will be organized in schools in order to help teachers. Implementers: the Ministry of Education and Science, the Ministry for Human and Minority Rights, the Gender Equality Office, the Institute for Publication of Textbooks and Teaching Resources, the Schooling Institute, Pre-school institutions, the Center for Vocational Training Partners: Non-governmental organisations, Roma’s Council Time framework: 2008-2012 Goal 4.2.2. Continue the integration of gender access in curriculums, textbooks and additional professional teacher’s improvements. Measures: • Trainings on integration of gender issues in curriculums in pre-school institutions, elementary and secondary schools will be organised; • The toolkit on integration of gender issues in curriculums and in teaching will be developed; • The development of ethic code for elementary and secondary schools that would include gender aspects will be initiated (gender sensitive communication); • The analysis of curriculums of pre-school institutions, elementary and secondary schools with recommendations will be carried out; • The analysis of textbooks for elementary and secondary schools with recommendations will be carried out; • The presentation of research and recommendation results will be organised. Implementers: The Ministry of Education and Science, the Schooling Institute, the Institute for Publication of Textbooks and Teaching Resources, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Non-governmental organisations, academic and scientific institutions and international donors Time framework: 2008-2012 Goal 4.2.3. Integrate the knowledge on gender equality in pre-school institutions, elementary and secondary schools Measures: • Workshops in elementary and secondary schools on the topic of gender equality and all forms of segregation in schools will be organised; • Trainings and seminars for teachers on the topic of violence against women and domestic violence will be organised; • The education of Roma children’s parents on the need for education will be organised; • The systematic education and professional improvement from gender equality field for all teachers will be organized and carried out; • The expert working group will be founded in order to develop program of professional and qualification improvement for teachers from gender equality field; • The pilot program of education and training on gender issues via internet will be initiated. Implementers: The Ministry of Education and Science, the Schooling Institute, the Ministry for Human and Minority Rights, the Gender Equality Office, the Center for Vocational Education, the Secretariat for Development Partners: Non-governmental organisations, academic and scientific institutions and international donors Time framework: 2008-2012 4.2.B. Gender Studies Goal 4.2.4. Encourage the development of gender studies at university level and creation of critical number of experts Measure: • Interest in the vocational improvement at post-graduate gender studies which were organised in the region will be encouraged, through program and opportunity promotion as well as providing scholarships. Implementers: The Ministry of Education and Science, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: The Agency for Gender Equality of Bosnia and Herzegovina, academic and scientific institutions, non-governmental organisations, and international donors Time framework: 2009-2010 4.2.C. Information Communication Technologies Goal 4.2.5. Decrease the digital gap between women and men Measures: • Integration of gender equality in policies and strategies for the information society will be developed; • The research on the level of access and usage of Information Communication Technology (ICT) in educational institutions will be carried out; • The Conference “ICT and Gender Equality” will be organised; • Public campaigns aimed at raising awareness of female and male citizens on potentials given by ICT will be organised; • Greater participation of women in ICT professions will be encouraged; • Balanced representation of women in decision-making position in ICT institutions will be promoted. Implementers: The Ministry of Education and Science, the Secretariat for Development, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Universities, non-governmental organisations, academic and scientific, media Time framework: 2008-2012 Goal 4.2.6. Increase the number of ICT literate women, especially Roma and rural women Measures: • Women, especially Roma and rural women will be encouraged to use ICT; • ICT courses for multiply discriminatory groups of women will be organised; • Textbooks and literature for ICT will be provided. Implementers: The Ministry of Education and Science, the Center for Vocational Education, the Secretariat for Development, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Universities, Non-governmental organizations, media Time framework: 2008-2012 4.3. Health “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”, is the definition adopted by World Health Organisation (WHO). Results of health analysis of individuals as well as of whole society are precious indicators of time we live in, social relations and female-male relations as well. Development of medical science and technology is every day marked by important achievements. It is unnoticed that in this process two sexes aren’t treated equally. Quality of health protection of women and men very often isn’t sufficient, it depends on the environment and also economic situation of users. Very often, users aren’t well-informed of opportunities and services which they can get. It is necessary to invest in health in order to obtain better quality life for people, families, good reproductive health and family planning. Especially people who live in rural and mountain environment should be taken care of. It is also important to guarantee same health services, health researches and programs, systems of data collection for both sexes. Strategic Goal: Gender equality in access and usage of quality health services. Goal 4.3.1. Improve access and availability of health protection for women and men. Measures: • Campaigns will be organised to represent opportunities and health services which population can obtain emphasizing information about reproductive health of women and men; • Trainings on reproductive health and patient’s rights (especially for the young and marginalised groups), communication skills and raising gender awareness policies of employees in health institutions will be organised; • Consultancy institutions for reproductive health and sexually transmitted diseases will be founded; • Primary health services access of rural women and men in Montenegro will be improved; • Periodic and systematic health controls of inhabitants will be organised as well as transport from the furthest areas; • Mobile ambulance will be obtained; • Campaigns will be organised to prevent reproductive organs diseases, emphasising breast cancer, cervix uterus and prostate (information and educational material will be distributed to guests of Montenegrin hotels). Implementers: The Ministry of Labour, Health and Social Welfare, the Ministry for Human and Minority Rights, the Gender Equality Office, health centers, the Ministry of Tourism and Environmental Protection. Partners: Montenegrin Tourism Organisation, non- governmental organisations, media, national and international donors. Time framework: 2009-2012 Goal 4.3.2 Provide the qualitative availability of the health protection of poor, rural, Roma, disabled and non retired women. Measures: • The availability of better quality to the health protection of above mentioned categories through suitable equipment and mobile teams for this kind of help will be provided; • Education will be started by the realisation of project “Roma women ought to know”, that will include the members of marginalised groups in order to develop self-respect, to improve their knowledge and undertake responsibility of their health; • The program will be developed for retraining medical staff in rural ambulances in order to additionally educate the population; • Gender sensitive strategy for health care and protection of people with different degrees of invalidity will be developed. Implementers: The Ministry of Labour, Health and Social Welfare, the Ministry for Human and Minority Rights, the Gender Equality Office. Partners: Non- governmental organisations, Roma Counsil, national and international donors Time framework: 2009-2012 Goal 4.3.3. Improve education on gender sensitive health protection Measures • Education of health staffs in fields of non-violent communication, sexual ethic, gender equality will be organised; • The teaching on reproductive health, HIV/AIDS, prevention of drug addiction, alcohol and medicine will be offered as an optional subject in elementary and secondary schools’ curriculum. Implementers: The Ministry of Labour, Health and Social Welfare, the Ministry of Education and Science, the Ministry for Human and Minority Rights, the Gender Equality Office. Partners: Non- governmental organisations, Roma Council, national and international donors Time framework: 2009-2012 Goal 4.3.4. Improve the gender disaggregated health statistics Measures: • Gender-sensitive health statistics will be improved. Implementers: The Ministry of Labour, Health and Social Welfare, the Institute for Public Health, The Statistics Bureau, the Ministry for Human and Minority Rights, the Gender Equality Office. Partners: Non- governmental organisations, Domestic and International donors Time framework: 2009-2012 4.4. Violence against women Violence is a complex, multidimensional problem of an individual, family and society as well. There are a few forms of violence: dating violence, sexual violence, neglecting and abuse of children, youth violence, the abuse of elderly, self-violence, collective violence and trafficking in human beings. Person’s life and health can be harmed by violence consequences as well as reproductive and economic power of community. All forms of violence (physical, mental and sexual) in all human relations, in institutions and out of them are interesting from gender equality aspect. In Montenegro, the violence issue has been neglected on national level so far. Probably because of the lack of valid data about presence of some forms of violence, public and institutional insensibility or traditional treating of some forms of violence, like an inner individual or family problem. This counts especially for violence against women, children, young people, old and disabled people. After adopting The Law for the Protection against Domestic Violence, it is necessary to strengthen system of support of women victims of domestic violence through institutions’ cooperation. It is also necessary to improve the protection of victims of violence through adequate services for support and to open shelters for women and children victims of violence in Montenegro. Because of the lack of statistical data, it is important to continue improving statistics and make researches. It hasn’t been any adequate definition in the international documents about trafficking in human beings for a long time, it makes more difficult for criminal prosecution and an inadequate punishment for perpetrators. The International cooperation, which is necessary in these cases, was difficult. Montenegro has established the Office of National Coordination for Suppression of Trafficking in Human Beings and adopted the Strategy for Suppression of Trafficking in Human Beings. Strategic Goal: Eliminate all forms of domestic violence against women and girls Goal 4.4.1. Improve legal frame for protection of violence. Measures: • The Law for the Protection against Domestic Violence will be prepared and adopted. Implementers: The Ministry of Justice, the Government, the Parliament of Montenegro Partners: The Gender Equality Office, non-governmental and international organizations. Time framework: by the end of 2008 Goal 4.4.2. Strengthen the system of women’s protection against violence Measures: • The Code of Conduct in domestic violence cases for all relevant institutions will be made; • Education for service providers on the implementation of Code of Conduct will be organised; • Multidisciplinary teams for support to the victims at the local level will be established; • Education for the professionals working in the services of support to the victims of violence will be organised; • The manual for prosecutors, judges, police, health and social workers will be created; • The unique telephone line for victims of violence in Montenegro will be opened; • Free counseling services for the support to the victims of violence will be encouraged to be opened; • Shelters for domestic violence victims will be encouraged to be opened. Implementers: The Ministry of Justice, the Ministry for Interior and Public Administration, the Ministry of Health, Labour and Social Welfare, the Ministry of Science and Education, the Police Directorate, the Judiciary, the Prosecutor’s Office, the Ministry for Human and Minority Rights, the Gender Equality Office, local self-governments. Partners: Bar Association of Montenegro, academic and scientific institutions, non governmental organizations and media Time framework: 2008-2012 Goal 4.4.3. Conduct the research and improve the statistics Measures: • Researches on violence against women will be carried out and the data from state institutions will be included; • Systematic statistical data collection of all relevant institutions about violence against women will be carried out; • The research on violence against women will be encouraged to be included in the Program of Statistical Research of Montenegro. Implementers: The Ministry of Justice, the Ministry for Interior and Public Administration, the Ministry of Health, Labour and Social Welfare, the Ministry of Science and Education, the Police Directorate, the Judiciary, the Prosecutor’s Office, the Ministry of Finance, the Bureau of Statistics, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Academic and scientific institutions, international and non-governmental organizations Time framework: 2008 – 2011 Goal 4.4.4. Integrate the knowledge on violence against women, gender equality and non violent behaviour in elementary schools. Measures: • Lectures on domestic violence and non-violent behaviour for pupils in elementary schools will be organised and the adequate material will be issued as well. Implementers: The Ministry of Science and Education, the Schooling Institute, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Non-governmental organizations, academic and scientific institutions, parent’s councils and media Time framework: 2008 – 2009 Goal 4.4.5. Conduct the research and data collection on harassment, sexual harassment and sexual abuse. Measures: • The conduction of research and data collection on harassment, sexual harassment and sexual abuse will be organised; • The monitoring system of the harassment, sexual harassment and sexual abuse in judicial statistics will be created; • The research results on the harassment, sexual harassment and sexual abuse will be published. Implementers: The Ministry of Justice, the Ministry for Interior and Public Administration, the Ministry of Health, Labour and Social Welfare, the Ministry of Science and Education, the Police Directorate, the Judiciary, the Prosecutor’s Office, the Bureau of Statistics, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Non-governmental organizations and donors Time framework: 2009 – 2011 Goal 4.4.6. Raise public awareness on violence against women Measures: • The Campaign “16 days of activism on violence against women” will be marked; • For the purposes of organisation of campaigns the supportive material will be issued; • The Regional Conference “Men and Violence” will be organised; • The campaigns on violence against women will be organised in Roma settlements. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Ministry of Justice, the Ministry for Interior and Public Administration, the Ministry of Health, Labour and Social Welfare, the Ministry of Science and Education, the Police Directorate, the Judiciary, the Prosecutor’s Office, the Bureau of Statistics Partners: Non-governmental organizations, scientific and academic institutions, media and donors Time framework: Campaign will be conducted continuously, and the Conference will be organized in 2009 Goal 4.4.7. Improve the status of single parents and single mothers Measures: • Opening the first temporary shelter for single unmarried mothers and children will be provided; • The INFO center for education, research and data collection of the number of single unmarried mothers will be formed; • The education and sensibilisation of employees working in the institutions relevant for the achievement of the rights of single unmarried mothers with children will be organised, in cooperation with the ministries and administration bodies; • The continuance and finishing of minor unmarried mothers schooling will be encouraged as well as the trainings after completion of regular education; • The coordination of municipal health, educational, and social services, judiciary and police dealing with this issue will be improved; • The Campaign on this issue will be conducted; • The Alimony Fond at the national level will be established to provide various forms of intervention and help to single parents. Implementers: The Ministry of Health, Labour and Social Welfare, the Ministry of Science and Education, the Ministry for Human and Minority Rights, the Gender Equality Office, the Bureau of Statistics, the Ministry for Interior and Public Administration, and local self-governments. Partners: Non-governmental organizations, scientific and academic institutions, international organizations and media Time framework: 2008-2012 Goal 4.4.8. Prevention of trafficking in human beings Measures: • Round tables and media campaigns will be organised in order to promote CEDAW (Convention on Elimination of all forms of Discrimination against Women), especially its article 6. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the National Coordinator’s Office for Combating Trafficking in Human Beings Partners: Non-governmental organizations, scientific and academic institutions, and media Time framework: 2009-2012 Economy and Sustainable Development The development of one country is directly interlinked to the development of the economy and its human resources. It is necessary to treat development issues in overwhelming way in order to provide the best long-termed results. Stabile and sustainable development is only possible if the equal participation of women and men is provided in its strategic planning. The vision of sustainable development of Montenegro is the vision that integrates the economic, social, ecologic, ethic and cultural development which is in compliance with the Agenda 21. Strategic Goal: Equal access of women and men to economic resources and creation of equal opportunities in its usage 4.5.A Decrease of unemployment Goal 4.5.1. Increase the women’s employment and decrease the unemployment. Measures: • The process of compliance of domestic legislation with European legislation related to equal opportunities for sexes will be continued. Also, the equal access of women and men to the training and active measures of employment will be continued; • “Strategy for assessment of the needs of parents with children with special needs at the labour market” will be developed; • The Research and the program “Identification of forms of women’s discrimination in employment” will be produced; • The statistical data will be continuously collected and indicators on differences among sexes in the system of social protection at the labour market as well; • The tax free system will be provided for employers who employ disabled women and women over 50 years of age; Implementers: The Ministry of Health, the Labour and Social Welfare, the Ministry for Economic Development, the Directorate for Development of Small and Medium Sized Enterprises, the Employment Bureau, the Ministry for Human and Minority Rights, the Gender Equality Office, administration bodies Partners: Non-governmental organisations, trade union, academic and scientific institutions, media, domestic and international donors Time framework: 2009-2012 Goal 4.5.2 Programs of education and training will be organised aimed at increasing the opportunities for employment of women and men in sectors where are less represented. Measures: • Gender sensitive programs of re-training and permanent education will be developed; • Courses, seminars and educational programs, in particular for those unemployed more than 3 years will be organised, to train them how to seek, select and get the job, including re-training and self-employment; • Courses for computer literacy for huge number of women and men over 50 years of age will be organised; • The Research on opportunities and barriers for improvement in the carrier of employed women will be carried out; • Campaigns aimed at elimination of cultural and social barriers will be organised in order to provide women and men, and marginalised groups as well (RAE population, disabled persons) with equal opportunities for the work in all sectors. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Ministry of Education and Science, the Center for Vocational Training, the Employment Bureau, and administration bodies Partners: Non-governmental organisations, trade union, academic and scientific institutions, media, domestic and international donors Time framework: 2009-2012 4.5.B. Women Entrepreneurship Goal 4.5.3. Encourage the women’s entrepreneurship Measures: • The Strategy for development of women’s entrepreneurship will be passed; • The opportunity for grant favourable loans for start up business, longer grace period, and longer time frame of repayment will be considered, as well as to try finding a way of re financing the interest rates; • The model of support to business ideas by women without property will be designed; • Legal verification of easier access to the part time work will be initiated with flexible working time and easier access, where appropriate, “to the distance work” i.e. working at home, for example work over phone or internet; • The foundation of women’s business associations will be encouraged in order to provide support to women’s entrepreneurship; • The data base on women’s entrepreneurship will be established; • The possibility of introduction of tax relief for self-employed women, women entrepreneurs, and women employed in agriculture will be considered; • Start up funds for development of women’s entrepreneurship will be established (with special emphasize on the north area); • Elaborate for the incubator of women’s entrepreneurship will be produced and the first incubator will be established; • The seminars for training of women entrepreneurs (management, marketing, finance, legislative) will be organised; • The fairs of women’s entrepreneurship will be organised; • International Women Entrepreneurs Day – 15 May will be marked; • The entrepreneurship of girls and young women will be encouraged by organisation of campaigns and seminars. Implementers: The Ministry for Economic Development, the Ministry of Agriculture, the Statistic Bureau, the Directorate for Development of Small and Medium Sized Enterprises, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Banks, the Chamber of Commerce, the Union of Employers, Non-governmental organisations, trade union, academic and scientific institutions, media, domestic and international donors Time framework: 2009-2012 Goal 4.5.4 Promote and develop the network of public and private institutions for child care in order to increase the percent of children in the system of child care till the age of obligatory schooling. Measures: • The reconciliation of working time of kindergartens and schools in accordance with the working time of parents and their needs will be encouraged; • Researches on opportunities of opening kindergartens will be carried out in all collective and business organisations in public and private sector for the purposes of education of children (huge trade unions, university and similar); • Self-employment in the area of education of children will be encouraged by providing legal, spatial and other preconditions for foundation of kindergartens in private property; • The opening of private kindergartens will be encouraged with adequate control of the quality of services given. Implementers: The Ministry of Education and Science, the Ministry of Health, Labour and Social Welfare, administration bodies, pre-school institutions, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Non-governmental organisations, trade union and donors Time framework: 2009-2012 Goal 4.5.5. Activities towards changing traditional access to property and ownership over property Measures: • Campaigns will be launched aimed at changing the traditional access to property and property ownership. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Ministry of Justice, the Real Estate Directorate and administration bodies Partners: Non-governmental organisations, trade union and donors Time framework: 2009-2012 4.5.C. Gender sensitive budget and sustainable development Goal 4.5.6. Establish the gender sensitive budget Measures: • The Conference on gender sensitive budget will be organised; • The education of civil servants on gender sensitive budgeting will be organised; • The pilot project for introduction of gender budget in 5 municipalities in Montenegro will be organised; • Gender sensitive tax policy will be established; • The capacities of administration bodies at all levels will be strengthened, via education, in order to perform gender analysis of the budget while planning and assessing incomes and expenses; • Measures will be undertaken in order to allocate the funds for implementation of activities from APAGE, by the establishment of budget lines in ministries, as well as by fundraising. Implementers: The Ministry of Finance, ministries, administration bodies, the Ministry for Human and Minority Rights, the Gender Equality Office, local self-governments Partners: Non-governmental organisations, academy and scientific institutions, municipality community, international organisations and donors Time framework: 2009-2012 Goal 4.5.7. Engender the projects within the implementation of National Strategy of Sustainable Development. Measures: • Interests and perspectives of women and men will be assessed as well as the impact of project realisation while creating and implementing projects envisaged by the National Strategy of Sustainable Development Implementers: The Office for Sustainable Development, ministries, administration bodies, the Ministry of Tourism and Environment, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Non-governmental and international organisations, academy and scientific institutions Time framework: 2009-2012 4.5.D. Rural women Goal 4.5.8. Improve the status of rural women Measures: • Preparation and organisation of agricultural register will be engendered; • The Research entitled “Rural women’s needs” will be conducted; • Analysis of the status and needs for education of rural women, old women, disabled women and members of other marginalised groups will be performed; • Education of rural women in the area of health, violence against women, entrepreneurship and computer skills will be organised; • Raising awareness campaigns will be organised for rural women, in particular young women; • The International Rural Women’s Day will be marked – 15 October. Implementers: The Ministry of Agriculture, the Ministry of Health, Labour and Social Welfare, the Employment Bureau, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Academy and scientific institutions, media, non-governmental and international organisations Time framework: 2009-2012 4.5.E. Reconciliation of professional and family life Goal 4.5.9. Establish the system in which the reconciliation of professional and family life provides women and men to be professionally active and to participate in public and political life, while at the same time the reconciliation of their family obligations is relieved Measures: • The Time Use Survey will be carried out on how women and men use their time; • Procedures for the implementation of labour legislative related to private and professional obligations will be developed and non respect of mentioned legal provisions by the employer will be prohibited; • The poll will be carried out on how employers take care of reconciliation of professional and private obligations of employees; • The examples of positive actions of reconciliation of professional and private work and results that those actions have contributed for the working and financial benefit of the company will be promoted; • Easier access to the part time work with flexible working time will be promoted, and where appropriate, “distance work” will be promoted; • The research on the number of men using parental leave will be carried out; • Campaigns will be launched aimed at elimination of cultural and social barriers in order to promote, among fathers, the usage of parental leave for taking care of children; • Programs for reconciliation of family and professional life of women and men will be introduced. Implementers: The Ministry of Health, Labour and Social Welfare, the Employment Bureau, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Academy and scientific institutions, media, non-governmental and international organisations Time framework: 2009-2012 4.6. Politics and decision –making In Montenegro, the majority of the whole population are women, they represent 50,2% (according to population census conducted in 2003). As it is mentioned it could be concluded that they work more and that they have greater political participation in Montenegrin society. Certainly, political activity of women represents one of the main factors of the democratisation of the society as a whole. That is to say, the whole social power of women raise and fall in proportion to (un) representation at decision making positions at the local and republic level, which is one of the main indicators of gender equality. Gender sensitive policy bring the benefits to the state as well as to female and male individuals, and both sexes should be permanently educated on this topic, especially those participating in decision making. Arguments on the importance of passing gender sensitive regulations should be permanently given to the decision makers. Candidacy of women is guaranteed by the law and is equal for both women and men. However, full representation of both sexes in candidacy procedure is not applied which can be easily concluded on the basis of insight in candidacy lists for parliamentary and local elections. The result of this is the unequal relation which is especially harmful for women in the Parliament of Montenegro and local parliaments. These facts further result in negative consequences, especially in economic and social rights field. It should be emphasised that on the number of women participating in decision making depends the level of their direct decision making about vital social needs and interests, especially about women’s issues and their special priorities. Also, the balanced impact of both sexes in teams that create policies must exist in order to make them all gender sensitive at all levels and in all areas. The issue of women in security system is a complex issue and it’s important from the aspect of combating gender inequality and discrimination. Recognising the need on balanced representation of both sexes in peaceful operations, and recognising the importance of special needs and women’s human rights and children in conflict situations, the UN Security Council adopted the Resolution 1325 on Women, Peace and Security. R1325 points out the importance of women’s participation in decision making security system. Strategic goal: Equal participation of women and men at all decision making levels Goal 4.6.1. Strengthen the under-represented sex in the politics and decision making Measures: • Education for the parliamentarians, civil servants, members of political parties and others on gender equality and international standards in this field will be organised; • Conferences, seminars and campaigns on political participation of women in legislative and executive power at the state and local level will be organised, for the purposes of raising awareness on this issue. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Parliamentary Committee for Gender Equality, the Human Resources Management Authority Partners: International and non-governmental organizations, political parties, scientific and academic institutions, local self-governments and media Time framework: Continuously Goal 4.6.2. Achieve balanced representation of women and men at all levels of legislative and executive power Measures: • The general public, and above all institutions and political parties, will be introduced to the Recommendation (2003) of the Council of Europe Committee of Ministers on balanced representation of women and men in political and public decision making; • Introduce quota for political representation of under-represented sex; • The obligatory annual publishing of statistical data on the participation of women and men in legislative and executive power at both national and local level will be legally regulated; • The statistical data on the participation of women and men at candidacy lists during the election process will be published. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Parliamentary Committee for Gender Equality Partners: International and non-governmental organizations, political parties, scientific and academic institutions, local self-governments and media Time framework: 2008-2012 Goal 4.6.3. Increase the participation of women in executive power to an extent with the real impact on decision making, as well as increase participation of women at decision making positions appointed by the government – gender balance during nomination and election will be taken care of. Measures: • Balanced representation of both sexes will be taken care of, in accordance with the Law on Gender Equality, in nomination and election in state administration bodies, local self government as well as in nomination in institutions with public competences; • Data on participation of women at decision making positions will be collected and published; • Gender balanced appointments will be worked upon. Implementers: The Government, the Parliament of Montenegro, the Ministry for Human and Minority Rights, the Gender Equality Office, ministries, local self-governments Partners: International and non-governmental organizations, political parties, and media Time framework: Continuously Goal 4.6.4. Develop the strategy for increased number of rural and Roma women in decision making bodies at local level, in accordance with the Article 14 of the CEDAW. Measure: • The strategy for increased number of rural and Roma women in decision making bodies at local and national level will be developed. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, ministries, local self-governments, Roma Council Partners: Media, political parties, international and non-governmental organizations Time framework: 2008-2010 Goal 4.6.5. The implementation of the UN SC Resolution 1325 Measures: • Gender perspective will be included in the training of employed persons in the security sector, especially for peaceful missions; • Promotional material on R 1325 – Women, Peace and Security will be developed and campaigns will be launched; • Programs and training of trainers for education about R 1325 will be prepared; • State administration, parliament, schools, army, political parties and media will be educated on R 1325; • Collection of data base on the participation of sexes in the police, army and diplomatic missions Implementers: The Ministry of Defense, the Ministry for Foreign Affairs, the Ministry of Interior and Public Administration, the Ministry for Human and Minority Rights, the Gender Equality Office, the Parliament Committee for Gender Equality Partners: International and non-governmental organizations, media Time framework: Continuously Goal 4.6.6. Tenth anniversary of the adoption of R1325 UN SC Measures: • The Regional Conference “Women as Actors of the Security and Defense Sector” will be organised. Implementers: The Ministry of Defense, the Ministry of Interior and Public Administration, the Ministry for Foreign Affairs, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Non-governmental organizations and donors Time framework: The fourth quarter 2008 4.7. Media, culture and sport Nowadays, a large number of women work in media in Montenegro but a few of them participate in decision making. It is necessary to include gender equality in editor’s policy of media and standard journalist’s practice. Also, we must remove obstacles created by stereotypes and prejudices against sexes, as well as inequality related to the participation of women and men in cultural programs, art production and valorisation of their contributions. The culture is important area of the affirmation of gender equality value as a contemporary civilized heritage. Also, gender equality is necessary in the sport’s field in order to provide women with better conditions for developing their talents and skills and to have more active role in this field. Strategic goal: Achieve gender equality in media and culture, eliminate prejudices, stereotypes and misogyny, and affirmation of women’s creative work 4.7.A. Media Goal 4.7.1. Sensibilisation of media for gender equality issues Measures: • Seminars on gender equality for journalists, editors or the owners of media will be organised aimed at sensibilisation of media on gender equality issue; Implementers: The Ministry Culture, Sport and Media, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Non-governmental organizations, scientific and academic institutions, media, professional journalist associations Time framework: 2008 - 2012 Goal 4.7.2. Incorporate the educational gender contents in media programs Measures: • Educational gender contents will be incorporated in media programs; • Media programs and public broadcast will be monitored and analysed; • Recommendations for ethic codes of professional associations towards prevention of misogyny, stereotypes and prejudices in media presentation will be developed; • Special show programs dedicated to gender equality issue will be organised. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Ministry of Culture, Sport and Media, the Broadcasting Agency of Montenegro Partners: Non-governmental organizations, scientific and academic institutions, media, professional journalist associations, donors Time framework: 2008 – 2012 4.7.B. Culture Goal 4.7.3. Establish gender equality in the culture field Measure: • Biennale “The Week dedicated to women’s cultural creativity work” will be organised aimed at affirming women’s creativeness; • Events that promote cultural creativity work of Roma women and members of minority groups will be organised; • Events that promote cultural creativity work of disabled women will be organised; • Cultural plans and programs will be reviewed from gender aspect and gender perspective will be incorporated in the Strategy for Culture Development; • The Fund for helping female artists to make work that promote gender equality will be established. Implementers: The Ministry of Culture, Sport and Media, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Public culture institutions, scientific and academic institutions, media, professional journalist associations, international and non-governmental organizations Time framework: 2008 – 2012 Goal 4.7.4. Activate women’s publishing Measures: • The literature with gender sensitive approach will be published as well as books written by women from Montenegro; • Women’s literature and literature on gender equality will be promoted at the books fair. Implementers: The Ministry of Culture, Sport and Media, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: International and non-governmental organizations, domestic and foreign publishing houses Time framework: 2008 – 2012 4.7.C. Sport Goal 4.7.5. Promote the women’s sport and physical activity Measures: • The Women’s Sport Festival will be organised; • The Conference “Women and Sport” will be organised; • The Resolution of World’s Conference for Women and Sport will be promoted. Implementers: The Ministry of Culture, Sport and Media, the Montenegrin Olympic Committee, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Sports associations and clubs, non-governmental organizations, donors Time framework: 2009 – 2012 Goal 4.7.6. Equal valorisation of sport results by women and men and going for sports under the same conditions Measures: • Women’s commissions/clubs/sections in sports associations will be established; • Equal conditions for training and competition of sportsmen and sportswomen will be encouraged; • Equal awards and results valorisation in male and female sport will be encouraged. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, the Ministry of Culture, Sport and Media, the Montenegrin Olympic Committee Partners: Sports associations and clubs, non-governmental organizations Time framework: 2009 – 2012 Goal 4.7.7. Provide equal participation of women at all levels of decision making in sports Measures: • The women’s participation in managing structures of sports associations will be increased; • The adequate women’s participation in sports decision making will be provided; • Women will be encouraged to deal with training activities. Implementers: The Ministry of Culture, Sport and Media, the Montenegrin Olympic Committee, the Ministry for Human and Minority Rights, the Gender Equality Office Partners: Sports associations and clubs, non-governmental organizations Time framework: Continuously 4.8. Institutional mechanisms for creation and implementation of gender equality policy. Institutional mechanisms for creation and implementation of gender equality policy means the legislative and executive power bodies, which propose and implement measures and activities of gender equality improvement in all aspect of society. Also they take part in preparation and creation of documents and compliance of legislation, applying international standards and in the same time cooperating with civil sector. Gender equality mechanisms are institutions and legal acts which regulate the work of institutions or different procedures in order to achieve gender equality at the national and institutional level. The institutional mechanisms for creation and implementation of gender equality policy are based on elementary principles of non-discrimination and equal treatment of women and men at work. It is necessary to apply positive action for achievement of equal opportunities for women and men, as well as of training and experience of current institutions and the others dealing with gender equality. Development of the democratic society is only possible if in its creation, besides institutions, there are the representatives of the civil sector, as well as professional researchers dealing with this within the scientific and academic institutions. Only the participatory process could improve the achievement of gender equality. Strategic goal: Establish sustainable mechanisms for the achievement of gender equality Goal 4.8.1. Implementation of the Law on Gender Equality Measures: • Concrete activities will be undertaken through adequate ministries, other institutions and Gender Equality Office towards the implementation of the Law on Gender Equality; • The campaigns will be conducted at all levels of decision making on the importance of implementation of the Law on Gender Equality for future steps in the process of European integration. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, ministries, administration bodies Partners: Non governmental organizations, academic and scientific institutions, media, domestic and international donors Time framework: 2009 – 2012 Goal 4.8.2. Strengthen the Gender Equality Office capacities Measures: • The regional cooperation of the institutional mechanisms for gender equality will be continued; • Mechanisms for strengthening of Gender Equality Office capacities will be established; • The Office Councils for each APAGE area will be established; • The Office’s human resources will be strengthened. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, ministries, administration bodies Partners: Regional institutions for gender equality, non governmental organizations, domestic and international donors Time framework: 2009 – 2012 Goal 4.8.3. Strengthen the administration body’s capacities for the implementation of gender equality policies Measures: • The employees in state administration will be continuously educated; • Mechanisms for gender equality at national and local level will be strengthened and their coordinated activities will be improved; • State administration bodies will provide additional human resources and funds for the complete implementation of tasks envisaged by the Law on Gender Equality Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, ministries, administration bodies, local administration bodies, the Parliament Committee for Gender Equality Partners: Non governmental organizations, academic and scientific institutions, media, domestic and international donors Time framework: 2009 – 2012 Goal 4.8.4. Develop the cooperation of institutions and civil sector in the process of achievement of gender equality Measure: • The complementation between government, civil sector and university will be established; • The representatives of civil sector and university will be included in the Office Councils. Implementers: The Ministry for Human and Minority Rights, the Gender Equality Office, ministries, administration bodies, local administration bodies, the Parliament Committee for Gender Equality, universities, NGO Partners: Domestic and international donors, academic and scientific institutions, media Time framework: 2009 – 2012 Goal 4.8.5. The institutional mechanisms for the implementation of gender equality in all local administration bodies will be supported Measures: • The establishment of adequate bodies in local self-governments for gender equality will be encouraged; • The permanent education of the employees in local self-governments for gender equality will be organized. Implementers: The Ministry of Interior and Public Administration, local administration bodies Partners: The Ministry for Human and Minority Rights, the Gender Equality Office, the Municipality Community, NGOs Time framework: 2009 – 2012 The program for implementation of APAGE The Government will adopt the program for implementation of APAGE within 45 days of its adoption, which is going to be prepared by the Ministry for Human and Minority Rights in cooperation with contact persons dealing with gender equality issues from public administration bodies and local self-governments, public institutions, public companies and other legal entities with public competencies. The program for the implementation of APAGE stipulates the activities in certain areas for two years period. The Law on Gender Equality envisages the obligation that all statistical data and information collected, registered and processed in administration bodies, companies, and other legal entities must be gender disaggregated. Thus, the program for the implementation of APAGE will precise, according to goals and measures assured by APAGE, what kind of data must be collected, published, restored, analysed and gender disaggregated in the official statistics, polls and public researches. The program will define the way of cooperation with non governmental organizations and define mutual obligations of implementers from the institutions of APAGE, as well as stipulate the reporting plan for non governmental organizations included in the implementation of APAGE measures. NGOs will report on planned and undertaken projects which include the data on the funds spent on certain projects or activities. The program for the implementation of APAGE will have precisely defined indicators for the monitoring of measure’s implementation success for each area. Funds for the realization of APAGE For the purposes of the implementation of APAGE the special funds will be provided in the state budget which will be envisaged in cooperation with the Ministry of Finance and other implementers in the Program. Funds will be provided through projects and donors too. Sources for beginning of financing will be provided in this year budget. Guidelines for creation of the program in certain areas of social life, obligations and implementers as well The program will basically pursue the areas defined by APAGE. More precise definition of guidelines of certain areas will be performed through the series of thematic discussions coordinated by the Gender Equality Office, over its councils represented by institutions, academic and civil society. Guidelines will define the priorities, obligations, implementers as well as choosing methods. The Office’s councils will verify these guidelines. The Program will contain necessary indicators for monitoring of measure’s realisation. In order to monitor the realisation of APAGE more effectively the measures will be divided on two criterions. The first will be according to the implementers and the other according to the time framework of the realisation. Reporting on the implementation of APAGE measures The implementers of certain measures envisaged by APAGE will submit the report on undertaken measures to the Ministry for Human and Minority Rights every six months (in June and December). The report should contain the assessment of gender equality status in the areas which are monitored, results of undertaken measures, data on funds spent and recommendations for improvement of gender mainstreaming aimed at achieving women and men equality in that area. Also, the report should contain the chapter showing the progress through adopted indicators. The report will contain the non governmental reports included in the implementation of measures. The Ministry for Human and Minority Rights submits the annual report to the Government on the implementation of APAGE. Annual report on the implementation of APAGE, after submission to the Government, will be placed on the Ministry’s web site and published within 30 days in order to be available to the general public.

Action Plan for the Achievement of Gender Equality in Montenegro (2008-2012) · Nelum