Montenegro does not have official data on where LGBTI people suffer discrimination, how it manifests itself, what are its causes and consequences. Available data indicate that someone's real or assumed sexual orientation plays a significant role in whether they will be considered for a job, the executive director of LGBT Forum Progresa told "Vijesta" John M. Barac.
The new publication of the LGBT Forum Progresa and the LGBTIQ Social Center "Discrimination of LGBTI persons in the workplace and in the sphere of labor relations" showed that slightly more than four fifths of respondents, 82,7 percent of them, claim that they have personally experienced discrimination at work based on sexual orientation. According to the publication, 36,5 percent of them also experienced discrimination at work on the basis of gender. That research also showed that 70 percent of the respondents would not report discrimination at work and, as they say, for several reasons.
Barac says that it is devastating that Montenegro does not have official, representative data in this segment for the last 10 years. No matter how indicative the available data are, he says, they are not enough because they are not generated by the state and do not provide a comprehensive insight into the real state of affairs.
"What we can state is that, according to the available data, discrimination against LGBTI persons is present in all spheres and at all levels, regardless of whether it is the private or public sector. And not only that, but discrimination against LGBTI persons is widespread in health care, education, culture, media, politics and other key areas. Therefore, not only is there room for discrimination, but it is a chronic problem of LGBTI people in Montenegro and a part of everyday life, which makes LGBTI people particularly exposed to the negative consequences of discrimination", said Barac, adding that "the entire system, through poorly created laws and public policies also discriminate against LGBTI people and contribute to social marginalization.”
Too much reliance on NGO work
According to him, the state actively "relies on sporadic research by non-governmental organizations (NGOs), which often indicate a specific problem at a given moment, but do not provide a broader picture and do not indicate long-term trends and other parameters that are necessary for any serious system ". Barac tells "Vijesta" that, because of this, we can assume and speak on the basis of limited knowledge about what are the real reasons for job rejection, as well as other problems faced by LGBTI people in Montenegro.
"Homonegativism, as a particularly pronounced phenomenon in the Montenegrin context, is one of the causes of this situation, and it is strengthened by bad public policies and activities that the state (does not) undertake in the field of human rights of LGBTI persons. All of this is confirmed by representative research that shows an extremely high degree of social distance towards LGBTI people, extremely negative attitudes towards these people, which are manifested in daily comments on social networks that are filled with hatred and calls for violence, as well as the fact that LGBTI people in Montenegro Gori live in an environment (social, socio-economic, political, etc.) that actively and disproportionately contributes to the development of minority stress among LGBTI persons," said Barac.
In the first six months of the current year, 26 people contacted LGBT Forum Progres due to problems in the context of work and labor relations. The lack of appropriate support mechanisms for LGBTI people, Barac believes, is particularly problematic.
"Unfortunately, due to the lack of systemic support mechanisms for LGBTI people and other marginalized communities in Montenegro in this domain, they are forced to seek support from non-governmental organizations, which are usually the first (or only) address that individuals turn to. Nor are public policies in this area meaningfully set, they are not based on real data, nor are they horizontally and vertically harmonized, which ultimately makes it impossible to implement them and improve the position of LGBTI people in society," he explained to "Vijesta".
Discrimination must be documented
If an LGBTI person faces discrimination or violence at work, Barac points out, it is necessary to document everything, but in a way that is within the framework of the law.
"If there is a serious threat to safety or life, then the first step is to call the Police Department and report the situation, immediately after that employee is in a safe place and out of a direct danger situation. In other situations, as stated, it is desirable to collect as much material as possible, which would confirm in further processes what the LGBTI person reports and the nature of the problems he is facing", said Barac.
The interlocutor of "Vijesti" points out that a number of human rights protection mechanisms are available to LGBTI people in Montenegro. The first address, in most cases, he says, are NGOs that protect human rights or the Institution of Defenders of Human Rights and Freedoms of Montenegro (ombudsman).
"Given that non-governmental organizations do not represent a systemic mechanism, our actions are most often in synergy with the institution of the ombudsman, but also with other systemic actors - the Police Administration, the Prosecutor's Office, the courts. If it is specifically about discrimination at work and in the sphere of labor relations, the Agency for Peaceful Resolution of Labor Disputes and the Center for Alternative Dispute Resolution are available to LGBTI persons, as well as to all other citizens. Finally, one of the addresses, depending on the level of internal capacities, is directly the employer, that is, a specialized department or sector that is responsible for these issues", explained Barac.
He points out that the most effective means of protection against discrimination in the workplace is a complaint to the competent court.
"Before filing a lawsuit, the employee is obliged, in accordance with the provisions of the Labor Law, to first address the employer, and the Center for Alternative Dispute Resolution or the Agency for Peaceful Resolution of Labor Disputes. If that procedure fails, the employee receives a certificate of unsuccessful mediation/peaceful resolution of the labor dispute, and he can, in accordance with the provisions of the Law on Prohibition of Discrimination, file a lawsuit with the competent court," said Barac.
Protocols required for security
The safety of LGBTI persons, says Barac, will be ensured only if employers have protocols, procedures and policies for protection against discrimination, violence and other negative phenomena. Therefore, he says, these policies must be clear, "in accordance with the company's culture and respond to the real conditions in which the company operates".
"Simply put, they must be in accordance with the Montenegrin reality, and at the same time harmonized with the legislative framework and international standards. Finally, they must apply and apply equally to all. "Unfortunately, all this in Montenegro, today, almost does not exist or is at the level of rare examples that we record mainly with international companies that operate in our country", believes Barac.
The essence of the problem, he says, is the lack of a system, "that is, a state that cares about the human rights of LGBTI people in Montenegro."
"... And whose 'efforts' culminate in lighting up buildings in rainbow colors, enacting inadequate and bad public policies and laws, and demonstrating power dominance over the LGBTI community. In such an environment and context, where the state itself does not do all that it requires from others, it is difficult to expect anyone to step out of such a framework, including employers, that is, the business sector," said Barac.
According to him, in order for the situation in society to be better for LGBTI people, the state must recognize and admit the mistakes it "actively and continuously makes when it comes to the human rights of LGBTI people".
"...Then to systemically and systematically correct everything that she failed to do or purposefully did not do until now and, finally, to enable LGBTI persons access to justice and protection before the law. Without this, the complete context of the human rights of LGBTI people will remain at the level of cosmetic public policies and the facade of rainbow colors that currently exists, and the LGBTI community will continue to suffer daily consequences", Barac concluded.
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