Montenegro adopted the United Nations (UN) Convention on the Rights of Persons with Disabilities (PRD) in 2009, but to date has not passed a law regulating their representativeness. Therefore, it is still not defined which PWD organizations are, who can cooperate with the Government in developing sectoral policies, who has representativeness... This is also necessary in order to know which organizations are entitled to receive money for PWD support projects, who is entitled to seats on the management boards of institutions dealing with the rights of PWD and in commissions and working bodies for drafting laws...
Although the Government announced to "Vijesti" that they plan to adopt this law in the fall of next year, and that they will soon begin drafting it, the Association of the Blind says that they expected this most important sector regulation to be completed this year.
"The preparation and adoption of this law would finally systematically regulate the area of representation of PWDs, which would ensure that the state consults precisely with those who authentically represent PWDs and who, due to their experience with disability, know best what challenges this target group faces, as well as how these challenges can be overcome. The absence of this law has led to the fact that those who see the area as a priority for securing financial resources, rather than the PWDs themselves, speak on behalf of these persons," the executive director of the Blind Association pointed out for "Vijesti". Goran Macanovic.
The Office of the Protector of Human Rights and Freedoms told "Vijesti" that barriers for people with disabilities are still numerous and that part of the law is still not in line with the UN Convention, but also that without this law, any civil society organization can be a partner of the state in these issues.
The Ministry of Regional Investment Development and Cooperation with Non-Governmental Organizations is responsible for preparing this law, and they told "Vijesti" that they plan to submit the Draft Law on the Representativeness of Organizations of Persons with Disabilities to the Government by October next year. They stated that this regulation would improve the participation of organizations of persons with disabilities and their cooperation with the state administration in adopting policies that affect them, and would avoid equalizing their voting rights with other associations...
"The Ministry will promptly begin all procedures preceding the adoption of this law, form a working group for its development, which will prepare the Draft Law and publish a call for public debate. The working group will include representatives of relevant state administration bodies, as well as representatives of NGOs operating in this area, who will be selected based on a public call. This will be preceded by consultations with the interested public regarding the development of the law. The adoption of this law represents an obligation to implement international treaties, the UN Convention and the general comment of the UN Committee on the Rights of Persons with Disabilities define the recognition of representative organizations," the department he heads stated. Ernad Suljević.
In January, the government tasked this department with submitting this draft law by the last three months (third quarter) of 2026.
Laws inconsistent with the UN Convention
The Ministry stated that the initiative for the adoption of this law came from the Council for the Rights of Persons with Disabilities, which concluded that Montenegro has an international obligation to recognize representative organizations of persons with disabilities. They explained that this regulation was also requested by sectoral NGOs through consultations.
The organizations say they are telling them that the lack of regulations regulating their representativeness means that departments do not include either organizations or PWDs in processes that affect them. The ministry also emphasized that this law will be a step forward in the participation of PWDs through their organizations in decision-making that affects their lives and rights.
"This Law will ensure clearer and fairer criteria for the representativeness of organizations of persons with disabilities, which will make their voice heard more effectively in decision-making processes. This will improve their representation and influence on the creation of policies that directly affect them. The Law will regulate the issue of cooperation of these organizations with state administration bodies, and therefore their participation in decision-making processes on issues that exclusively concern PWDs. In this way, it would be avoided that when making decisions on issues that exclusively concern the rights of persons with disabilities, other organizations, including those that they do not manage and that do not represent persons with disabilities themselves, have the right to vote," the Ministry said.
The Deputy Protector of Human Rights and Freedoms said that it is particularly concerning that some laws and bylaws are not in line with the UN Convention, especially those in the field of social and health protection. Nerma DobardzicShe pointed out that the exercise of rights is thus conditioned by criteria that arise from erroneous approaches to disability, namely medical and functional models.
She added that even after 15 years since the adoption of the UN Convention, Montenegro has not passed a law regulating the representativeness of organizations of persons with disabilities, so the definition and criteria that apply to it have not been regulated, who the organizations that fall into this sector are, as well as those that can deal with issues of persons with disabilities but cannot have representativeness.
"The Protector expects that the adoption of the Law on the Representativeness of Organizations of Persons with Disabilities will ensure efficient and meaningful participation of PWDs, through their representative organizations, in all processes of planning, adoption, implementation and monitoring of the application of policies and laws that have a direct and/or indirect impact on the position of PWDs, in all aspects of life. The Protector also expects that the Law will clearly define the scope of PWD organizations and recognize different types of organizations that are engaged in representing and advocating for their rights. Of course, they can only be organizations that are led and managed by PWDs. A clear majority of their membership should be PWDs themselves. Failure to regulate the representativeness and special status of PWD organizations in practice also leads to a completely unregulated issue of cooperation of these organizations with public authorities, and therefore their participation in decision-making processes," stated Dobardžić.
Some work for profit
Dobardžić explained that without this law, any civil society organization, including those not managed by them and not representing PWDs, could currently appear as a partner to institutions, i.e. have a fully equal right to vote on sectoral issues. She emphasized that this weakens the movement and influence of PWDs, and affects access to and resolution of their issues, while PWD organizations are sometimes excluded from decision-making due to a lack of support for capacity development and regular work. She added that the authorities thus reduce their participation to formal cooperation mechanisms prescribed for NGOs.
Macanović said that the preparation of the law and its submission to the parliamentary procedure is one of the most important activities in the area of OSI rights that the Government should undertake this year. Macanović emphasized that this would finally systematically regulate the area of representation of OSI, which would enable the state to consult with their representatives, who, due to their experience of disability, know best the challenges they face and how to overcome them.
He pointed out that this law would create conditions for the state to more fairly distribute the money it plans from its treasury for activities, projects and programs for people with disabilities.
"The damage to our society is not solely in the fact that PWD organizations do not receive adequate financial support (some local organizations have not received a single euro from public funds for years, which is why they are practically completely inactive), but in the consequences of implementing projects through inadequate approaches to the issue of disability, which nullifies most of the results achieved by PWD organizations that apply a human rights-based approach," he added.
The system, Macanović says, currently does not recognize the specific needs of PWDs because the approach based on the Convention on the Rights of Persons with Disabilities is insufficiently applied. He explained that decision-makers view PWDs through the prism of an inadequate medical, functional and compassionate approach, and see the problem in PWDs themselves, rather than society and the obstacles they place on them.
It is claimed that they are planning policies that do not lead to respect for the human dignity of PWDs, but rather make it more difficult for them to exercise their human rights.
"On the other hand, even those policies that are created in accordance with human rights principles often turn into their opposite through implementation, so we often hear from representatives of institutions about some alleged abuses of certain rights, which makes it necessary to abolish or limit the rights of persons with disabilities. In addition, institutions that proactively undertake some activities related to the rights of persons with disabilities are rare, but this most often happens after organizations encourage them to do so through their activities or through media appearances," added Macanović.
Barriers still numerous, disability assessment process delayed
Deputy Protector Nerma Dobardžić emphasized that persons with disabilities continue to face numerous barriers that hinder or prevent their full and effective participation.
She emphasized that we cannot yet talk about inclusive education for people with disabilities because the basis for equal access has not been created, and educational institutions mostly lack the staffing, infrastructure, technical and other conditions on the basis of which inclusive education for children with disabilities would be implemented. She pointed out that this is why separation of children has been observed depending on the type of disability.
"Deinstitutionalization must be implemented systematically, on the basis of free choice and diversity of services for PWDs, with a clear plan for the transformation of institutions. The underdevelopment of support services for living in the community, along with the practice of discriminatory deprivation of legal capacity due to disability or impairment, are just some of the barriers that hinder the full and equal participation of PWDs in society. The process of establishing a single register of PWDs and the legal regulation of a single body for disability expertise must be completed as soon as possible, with full participation and consultations with PWDs and their representative organizations. The lack of developed inter-sectoral cooperation and systemic support for children with disabilities and their parents slows down and/or prevents their inclusion in all aspects of life, including education, social and health care," she emphasized.
She added that PWDs are exposed to discrimination in all areas of life, that wrong approaches to disability undermine their human rights, independence and dignity, which is why the adoption of the Law on a Single Body for Disability Expertise should be completed. This regulation would be the basis for reforming the system, i.e. fairer and easier access to rights and the transition from a medical model to a human rights-based model.
Clear UN criteria
Asked about the criteria for representativeness, or what organizations that will represent people with disabilities should meet, Macanović said that they were defined by the UN Committee on the Rights of Persons with Disabilities, which monitors the implementation of the Convention.
He stated that since the adoption of the Convention, the Committee has issued eight comments on some of its articles, explaining in detail how to apply them at the state level.
He explained that comment number seven, which refers to the participation of persons with disabilities, including children with disabilities through their representative organizations, states that the Committee considers that organizations of persons with disabilities should be rooted in the Convention and respect its principles and rights, that they can only be organizations led by persons with disabilities, that a clear majority of the membership must come from this group...
"In the sense of the Convention, organizations of PWDs are organizations of women with disabilities, children with disabilities and people living with HIV/AIDS. These are the key criteria, so it is only necessary to apply what the Committee on the Rights of Persons with Disabilities has prescribed in this commentary, which, in addition to the above, explains many other aspects, including the obligation of the state to provide financial support to PWD organizations, systematically, and not exclusively through project financing," Macanović emphasized.
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