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Equal Access Law Raises Questions in Montenegro
According to the latest statistics from the Republic Employment Bureau, out of an estimated 65,000 disabled persons in Montenegro, only three have been employed in the state sector and nine in the private sector over the past 12 years. The Association of Paraplegics of Montenegro (APM) is diligently working to increase that number.
But Zoran Rajkovic, Executive Director of APM, and his colleagues from the NGO coalition of disabled persons, who have been working with USAID/ORT Montenegro Advocacy Program, are getting frustrated.
"We finalized the draft Law on Vocational Training and Employment of the Disabled in September 2004," he says. "And we have been waiting to see if it will enter into parliamentary procedures ever since."
There are many possible reasons why the law is stalled at this phase. While the proposed legislation does provide for special incentives for employers who hire disabled persons, it also imposes strict financial penalties on companies that do not meet the specified quota of disabled employees. The proposed legislation has raised an interesting debate in Montenegro on the tricky business of balancing the undisputed need to protect disabled persons from unfair hiring practices without tipping too far into the "positive discrimination" area.
The business community fears they would lose in efficiency if forced to hire and retain staff on a quota rather than on an individual qualification basis. But Rajkovic believes that the disabled community deserves a bit of positive discrimination after years of prejudice.
"And for no good reason," he notes. "Disabled people are often more efficient than able-bodied employees, given that they have to work harder to prove themselves worthy of the job."
The Association and its partners believe that not only would the law directly increase the number of disabled employed in the country, but it would ultimately benefit and enrich the business sector by introducing a much needed diversity. Skeptics, however, question whether such a law would ever be enforced, even if it were adopted.
An opinion poll commissioned by USAID/ORT in December 2004 to measure public opinion on rule of law in Montenegro showed that 64.5% of citizens think that their laws are enforced only selectively and unevenly.
Rajkovic remains optimistic that the law will ultimately go through, despite its critics.
"Working with the Montenegro Advocacy Program these past years has taught us that the key to influencing public policy lies in patience and perseverance."
Through sustained campaign efforts, the Association has begun to mobilize support for the law from the authorities, the media, and even representatives of employers.
"I am very encouraged by the results of the opinion poll we conducted prior to the campaign," Rajkovic said and concluded that, "It was demonstrated that we do not only have public support, but 94% of employers surveyed stated that they would employ a disabled person, if they received adequate state incentives."
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