CYIL 2012

IVANA JELIĆ CYIL 3 ȍ2012Ȏ of Montenegro. 31 Also, Law on Prohibition of Discrimination stipulates the principle of affirmative action in article 5 as ‘special measures’. 32 They are in accordance with article 1, paragraph 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, as well as with article 4 of the Convention on the Elimination of All Forms of Discrimination against Women. In addition, the following laws are based on international standards: Law on Minority Rights and Freedoms, 33 the Strategy for the Empowerment of RAE Population in Montenegro 2008 – 2012, Minority Policy Strategy, and the Law on Prohibition of Discrimination. Also, new electoral legislation was adopted in 2011, namely the Law on election of members of state and local parliaments. The standard of “proportionate representation” is stipulated in article 79, point 10 of the Constitution. Affirmative action in regard to the participation of national minorities in decision making processes is guaranteed by the above mentioned new Law on election of MPs. The stipulated percentage for participation of minority political parties is reduced to 0,7% of total voices in order to make a joint list and reach 3%, which is the stipulated percentage for other political parties in Montenegro. Having in mind the minority group with the smallest population, Croats (less than 1%), the new Law provided particular affirmative treatment for Croat national minority political parties: a minimum of 0,35% of voices. Given that political participation is crucial for fair and transparent decision making in Montenegro, as a multicultural state, such measures dedicated to minorities contribute to respect of the rule of law in practice. By stipulating affirmative action in regard to political participation, one important goal is achieved as well: the development of minorities’ responsibility as a factor involved in decision making in the society, which assists in their undertaking of obligations (that are not to be imposed, but agreed upon). In such way, democracy works in an egalitarian manner, as ‘a citizen democracy can only work if most of its members are convinced that their political society is a common venture of considerable moment, and believe it to be of vital importance that they participate in the ways they must to keep it functioning as a democracy’. 34 31 Art. 8, par. 3: “Special measures may only be applied until the achievement of the aims for which they were undertaken.” 32 Art. 5: “Special measures, which are directed to creation of conditions for realization of national, gender and overall equality and protection of the persons who are in unequal position based on any ground, may be introduces by the state organs, public authority, self-government organs, public enterprises and other legal persons with public competences (further: organs), as well as other legal and natural persons. Measures stipulated in paragraph 1 of this article are applicable in regard to reciprocity of needs and possibilities, lasting until their aims are fulfilled.” 33 The Law is in the process of negotiations on the amendments. The reasons for the amendments are connected to the intention for the new provisions to define the selection, use and method of displaying national symbols. That way all minority rights would be stipulated in one law. 34 Strydom, H.: International Standards for the Protection of Minorities and the South African Constitution, The FW de Klerk Foundation, South Africa, 2002, p. 32.

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