The Human Rights Action (HRA) supports the appeal of the Association of Youth with Disabilities and the Union of the Blind of Montenegro for the withdrawal of the Draft Law on Amendments to the Law on Professional Rehabilitation and Employment of Persons with Disabilities.

The aim of the Draft is to reduce the level of state subsidies for employers who hire persons with disabilities. HRA believes that the rationale provided in the Draft does not offer sufficient reasons for such a measure, particularly since part of the justification refers to the “contribution to reducing employer incentives for abuse in the subsidy system.”

We consider it fundamentally unjust that the deficiencies of state agencies responsible for inspections and criminal prosecution of abuses are being “resolved” at the expense of persons with disabilities, who, by the way, are typically not employed in these agencies and should therefore not bear any responsibility for it.

It is widely known that over 8,000 citizens with disabilities in Montenegro are unemployed, accounting for more than 30% of the total unemployed population. A reduction in subsidies could lead to an increase in this number, which would be contrary to the state’s obligation and its commitment to combating discrimination against persons with disabilities and implementing special measures for positive discrimination.

We are also concerned because representative organizations of persons with disabilities were not adequately involved in the drafting of the law. Montenegro must support the universal motto for the protection of the rights of persons with disabilities, which is also endorsed by the United Nations – “Nothing about us without us.” In other words, decisions regarding the rights of persons with disabilities must be made in collaboration with them.

We remind the Government that the United Nations Committee on the Rights of Persons with Disabilities, as early as 2014, warned Montenegro to regularly review drafts of new laws in consultation with persons with disabilities and their representative organizations, to allocate sufficient funds for the implementation of laws significant to the rights of persons with disabilities, and to continuously improve employment opportunities for persons with disabilities, especially women with disabilities.