The Law on Vocational Rehabilitation and Employment of Persons with Disabilities must undergo a fundamental reform that will adopt a human rights-based approach to disability, instead of the currently dominant functional approach that assumes reduced work capacity. In addition, this act must not only be a financial instrument, but must represent a guarantee of equal opportunities, dignity and full inclusion of persons with disabilities in the labor market.
This was stated at the conference "Challenges and Perspectives: Where to Next Towards Fulfilling the Goal of the Law on Professional Rehabilitation and Employment of Persons with Disabilities?", organized by the Association of Youth with Disabilities of Montenegro (UMHCG).
The Executive Director of the Association of Youth with Disabilities of Montenegro, Marina Vujačić, said that Montenegro has still not harmonized the legal framework with international standards when it comes to employing people with disabilities.
She emphasized that the UN Convention on the Rights of Persons with Disabilities does not prescribe any specific rights for persons with disabilities, but rather clearly defines the obligations of the state and the framework within which the rights, including in particular economic, social and cultural rights, that the Convention lists in its general obligations must be realized gradually but progressively.
As she explained, these obligations imply the use of maximum available resources, including, if necessary, international cooperation, and any possible introduction of regressive measures must be justified exclusively as a last resort, after exhausting all alternatives and the state's obligation to prove that these measures do not have a disproportionately negative impact on persons with disabilities.
"The Law on Professional Rehabilitation and Employment of Persons with Disabilities in Montenegro has existed for almost 16 years, but to this day it has not achieved its goal, nor have all persons with disabilities, especially in relation to the type and degree of impairment, benefit from it. Many still remain long-term unemployed and unemployable in the long term," warned Vujačić.
She particularly emphasized that the public rarely talks about the right of people with disabilities to advance and change jobs, and that labor rights do not only imply the possibility of employment, but also equal treatment in career advancement.
Vujačić also addressed numerous other obstacles: inaccessibility and inability to choose education, failure to prescribe and implement reasonable adaptations in the workplace, stigmatization in the labor market, and segregating work environments.
"There are still legal segments that allow discriminatory practices, such as the so-called special employment organizations, which, although they do not function in practice, essentially promote segregation. On the other hand, there is no data on the employment of people with disabilities in government bodies and public administration, which is why it is necessary to prescribe special quotas in this segment," said Vujačić.
Speaking about the importance of reasonable adaptations, Vujačić explained that they include flexible working hours, accessible forms of communication, mentoring support for people with disabilities, a quiet working environment, free of noise, crowds and distractions, stating that in Montenegro they are often mistakenly reduced solely to physical accessibility.
"The Labor Law, although formally recognizing persons with disabilities, still assumes our reduced working capacity. This reflects an ableist way of thinking in which the abilities of persons with disabilities are questioned and considered to be less than the abilities of persons without disabilities, solely due to personal characteristics," Vujačić pointed out.
"Persons with disabilities are not a homogeneous group, but a very heterogeneous one. This means that, if we are guaranteed rights and obligations, responsibility must also be individual, both of institutions and individuals, and of persons with disabilities themselves. The above must also apply to situations when there are possible actions that are contrary to the essence of the Law and in which persons with disabilities themselves may be abused and their status taken advantage of," Vujačić pointed out.
She placed special focus on the position of women with disabilities, who, as she said, are discriminated against in multiple ways and in a disadvantaged position on the labor market.
The narrative about subsidies directed us to specific segments in the Analysis, and due to the limitations and unavailability of data, we did not deal with salaries, i.e. the trend of earnings of persons with disabilities, engagement in the informal sector, stability, i.e. instability of employment, reasons for termination, i.e. interruption of employment, the structure of the unemployed from the aspects of acquired education and qualifications. All of the above should be monitored and analyzed by institutions. All of the above should be separate analyses. On the other hand, the narrative about allegedly high and irrational earnings has led to the fact that no one's earnings have been discussed in public in recent years as much as the earnings of persons with disabilities.
"It is time to recognize all the benefits, but also unclear positions, and to find models together that are sustainable, fair and functional," said Minister of Labor, Employment and Social Dialogue Naida Nišić.
The Minister emphasized that a society that employs people with disabilities (PWDs) shows that it values diversity and inclusion.
"Employing people with disabilities reduces social protection costs and increases the tax base. In the long run, this is a benefit for everyone - both the individual and society," Nišić pointed out.
She assessed that the Law under discussion "represents a mirror of our readiness to build a more just society" and recalled that the first steps in its implementation were accompanied by serious challenges, including deep-rooted stereotypes and avoidance of employment in favor of paying contributions.
"We need to work on improving transparency and control, because the problem is not in affirmative measures, but in the lack of strategic management of them," Nišić added.
"On behalf of the Ministry, I would like to say that we remain open to dialogue, committed to cooperation and determined that the reforms we are implementing are guided by the principles of equality, transparency and real change," the Minister concluded.
A strong message was also sent by the Director of the Employment Service of Montenegro, MA David Perčobić: "The Law on Professional Rehabilitation and Employment of Persons with Disabilities is not just a legal framework - it is a symbol of our commitment that every person, regardless of their abilities, has the right to work and a dignified life."
Perčobić pointed out that the Institute, through the Professional Rehabilitation Fund, continuously invests in creating an inclusive labor market and equal opportunities for all.
"Our mission is clear: to ensure that every person has the opportunity to contribute to the community and to feel respected and valued. We are proud of the results achieved, but aware that there is still much work ahead of us," said the director of the Institute.
He thanked UMHCG for its long-standing cooperation and contribution to the promotion of inclusive policies: "With joint efforts, we can create a working environment that not only accepts diversity, but also celebrates it."
The Executive Director of the Association of the Blind of Montenegro, Goran Macanović, said that the Law on Professional Rehabilitation and Employment of Persons with Disabilities in Montenegro is the best in the region, and that it is better than the laws in two EU member states in the region - Slovenia and Croatia, but that its concept is outdated and based on a functional model that must be replaced with an approach based on human rights.
He spoke about the course of implementation of the law from 2009 to the present, which he divided into two phases – before and after 2017.
"The first half of the law's implementation until 2017 yielded limited results in achieving the law's goal. Employers, in most cases, preferred to pay special contributions rather than employ people with disabilities in accordance with the quota," Macanović stated.
The change, he pointed out, occurred after 2017, when the number of people receiving disability status increased, which automatically increased the number of employed PWDs with subsidies.
He pointed out that during the first decade of implementation, the law generated a surplus, explaining that special contributions generated more revenue than was invested, but that the situation would change in 2020, when a deficit occurred for the first time.
"The reasons are multiple. On the one hand, the state did not collect enough special contributions, which resulted in tens of millions of euros being lost. On the other hand, the increase in the minimum wage through the 'Europe Now 1 and 2' programs led to an increase in the amount of subsidies, because a large number of people with disabilities received minimum wages," Macanović explained.
As a key negative phenomenon, it marks the narrative that has emerged in recent years – that employing people with disabilities is expensive.
"A very negative campaign was created through which some high salaries of people with disabilities were mentioned. Unfortunately, we never heard, and we asked many times to get information about how much it is, what percentage it represents," Macanović said.
Macanović particularly emphasized that the activities of the Professional Rehabilitation Fund far exceed the resources of one sector of the Employment Agency, and welcomed Minister Nišić's announcement that its separation as an independent institution is being considered.
"We will be partners with the Ministry in creating a sustainable solution that will ensure a more efficient and fairer distribution of funds and better support for people with disabilities," said Macanović.
He also announced an initiative to introduce a provision guaranteeing equal pay for persons with disabilities and other employees in the same jobs through amendments to the Labor Law, adding, "Equal work must be paid equally. This is not only a request from the disability community, but also a recommendation from the UN Committee on the Rights of Persons with Disabilities."
The conference is part of the activities of the Act Now for a Secure Tomorrow project through an ad hoc grant from the regional project SMART Balkans - Civil Society for a Connected Western Balkans, implemented by the Center for the Promotion of Civil Society (CPCD), the Center for Research and Policy Making (CRPM) and the Institute for Democracy and Mediation (IDM), and financially supported by the Ministry of Foreign Affairs of the Kingdom of Norway.
Bonus video:
