PUBLIC STATEMENT On repealing of The Council for the care of persons with disabilities

Organizations of persons with disabilities, signatories of this statement, with surprise, disappointment and high level of  suffered soreness and discrimination inform public that, for the second timeThe Council for the care of persons with disabilities of the Government of Montenegro  was repealed, degraded due to the fact that the Council was repealed without consultation and explanation to the persons with disabilities and without possibilities to give direct feedback from people with disabilities, particularly from the members of the Council for the care of persons with disabilities, who were informed about this decision via the Government website.

Namely, Government, on the meeting held on 18^th of April, as stated in information, analyzed “issue of jurisdiction, number and structure of councils and other bodies established for monitoring and realizations of certain obligations in some areas of social life from the aspect of justification of their further existence in present form, starting with jurisdictions, authorizations and responsibilities of certain structures in system of executive power and therefore concluded that further existence of The Council for the care of persons with disabilities is not justified and that about his future Minister of Labor and Social Welfare will decide, because there is opinion that his existence should not be in scope of jurisdiction of the Government of the Montenegro.

In the explanation of the information of justification of further existence at present level of the councils and other bodies established by the Government, states that: ” Government should establish only those councils and bodies which have function to give suggestions and opinions to Government related to realizations of its constitutional functions”, Then, among other things, as legal basis are stated: Article 100 of the Constitution, “the Government conduct domestic and foreign policy,” and Article 27 of the Rulebook of the Government:’’ for the purpose of discussing issues and giving suggestions and opinions  related to realizations of constitutional functions, Government could establish council or other advisory body which responsibilities, structure and model of work are determined with the act of its constitution”. In the Article 68 of the Constitution of the Montenegro: special protection of persons with disabilities is guaranteed and in the preamble of the Constitution principle of social justice proclaims is proclaimed.

According to what is mentioned, we emphasizes that issues of persons with disabilities, as marginalized group recognized by the Constitution, are of extreme importance during realizations of constitutional functions of the  Government defined in Article 100. This means that because of difficult position in all areas of social life, based on constitutional norms, there is a legal demand for establishment of special body which will monitor and discuss all issues important for improvement of their status. Additionally, our country is obliged by the UN Convention on rights of persons with disabilities.

At the moment when Montenegro works on first initial Report onimplementation the UN Convention on rights of persons with disabilities,our country closing down only body which monitored implementation of measures and activities of positive legal acts and initiated adoption of missing ones, although is obliged to, as prescribed in article 33:‘’States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.’’

Besides that, State is obliged that : ‘’In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.”

Despite many obligations prescribed by the UN Convention, Constitution and other legal acts, Government has, without consultations, let alone appreciation of opinions of representatives of organizations of persons with disabilities, decided to close down only body which was dealing with persons with disabilities at state level.

Moreover, official explanation of the Government goes in favor of justifying existence of this Council and not to its canceling.

Repealing  of the Council do not contribute to reducing concerns  of  the European Union, American Embassy and State Department which in their expressed dissatisfaction with the situation of people with disabilities,  on the contrary, this is a deterioration of the status of these persons in Montenegro. Especially do not contribute to Montenegro’s accession to the EU, as this is contrary to the objectives of Chapter 23. Certainly the repealing of the Council does not mean that people with disabilities are satisfied with the current position, even if the Government believes that further existence of the Council it is not justified.

We express our protest against the neglect of consultations with non-governmental organizations on the repealing of the Council who were informed about this decision by reading at already adopted decision, which, among others is violation of the Article 80. of the Law on public administration.

Difficult situation of persons with disabilities requires further strengthening of the role of the Council for the care of persons with disabilities, and not the practice experienced by members of the Council that on the meetings ministers are not present although they are defined as members by the Decision on establishment of the Council. This practice did not show that representatives of the Government are genuinely interested or that they treat with respect human rights of persons with disabilities, and considering that our society is democratic based on principles of freedom and human rights we believe that Council should be lifted at higher level and not be left in jurisdiction of Ministry of Labor and Social Welfare and link it with social issues.

On the other hand, although many times unappreciated, ignored and discriminated against, we had an understanding towards our country, by not initiating legal proceedings for protection against discrimination, despite legal protection mechanisms, because we are aware that it will decrease the reputation of our country and the capacity of both financial as well as moral sense and the sense of rule of Law.

Issues of people with disabilities are human rights issues and should be analyzed at highest state level and therefore we demand the repeal of Decision which closed down the Council. We inform you that we will continue in our efforts to achieve our rights, and above all, we will strive for a higher level of respect for the dignity and integrity of our personalities.

Respectfully,

Organizations of persons with disabilities:

1. Association of Youth with Disabilities of Montenegro
2. Association of Youth with Disabilities of Nikšić
3. Association of Youth with Disabilities of Kotor
4. Association of PLEGIJE of Nikšić
5. Union of blind of Montenegro
6. Organization of blind of Podgorica, Danilovgrad i Kolašin
7. Organization of blind of Nikšić, Šavnik i Plužine
8. Organization of blind of Berane, Andrijevica, Plav and Rožaje
9. Organization of blind of Bijelo Polje and Mojkovac
10. Organization of blind of Kotor, Herceg Novi, Budva and Tivat
11. Organization of blind of  Bar and Ulcinj
12. Association of persons with physical disabilities of Montenegro
13. Association of persons with disabilities of Berane
14. Association for support to persons with disabilities – Bijelo Polje
15. Association of disabled persons  “Srce” – Mojkovac
16. Association of paraplegics of Pljevlja
17. Association of paraplegics of Cetinje
18. Association of paraplegics of Bijelo Polje and Mojkovac
19. Network for education and development of support services for persons with disabilities -MERSP
20. Association for help to persons with developmental disabilities of Nikšić
21. NGO Adria – Bar
22. European Home-Tivat
23. National association of parents of children and youth with disabilities of Montenegro – NARDOS
24. First association of parents of children and youth with special needs-Podgorica
25. Association of parents of children with disabilities „Zračak nade“, Pljevlja
26. Association of parents of children and youth with disabilities  ,,STAZE”
27. Association of parents of children and youth with disabilities „Oaza“, Bijelo Polje
28. NGO “New chance in Novi”.
29. Association of persons with hearing impairments – ‘’Lijepi gest’’
30. Association of multiple  sclerosis for municipality of Bijelo Polje
31. Association of multiple  sclerosis for municipality of Berane
32. NGO Center for children with autism of Montenegro
33. NGO Children of Montenegro