PROGRESS  REPORT FOR  2003 AND STRATEGY FOR 2004

 

 

 

BACKGROUND

 

Following the results from October 2002 elections, the new Montenegrin government was established in January 2003 with a stable majority of pro-European political parties. After two unsuccessful Presidential elections in December ’02 and February ’03, boycotted by the opposition, the final establishment of institutions in Montenegro was achieved in May 11 th, when the ruling coalitions’ candidate was elected President. Political scene in Montenegro changed in the first quarter of ‘03, during which period the opposition coalition lost their positions in Belgrade, failed to appoint a common candidate for the May Presidential elections and started to disintegrate. Public opinion polls showed that better living standard, employment and anti-corruption remain priorities of citizens, while diminished citizens’ trust in both ruling coalition and opposition, illustrated by the low turnout in May, sends a clear signal that rhetoric and inter – coalition fights must be replaced by strong consensus of all political actors around the substantial reform steps.

 

Notwithstanding certain obstacles that have been encountered at the very beginning of the year 2003, it seems that the Government started to follow the reform path. In March 2003 a new reform program called “Montenegro Economic Agenda 2003-2006” developed with USAID assistance, was presented to the public; it set out general guidelines for several reform areas: privatisation, financial system, development of particular economic sectors, rise of employment, reform of the judiciary, etc. The Government in the same month also formally approved the Strategy of Education Reform, previously conceptualised and implemented with the support of OSI. Public Administration/Local Government Reform Strategy developed with expert assistance of the European Agency for Reconstruction was presented to the public already in February 2003, while many legislative efforts are underway in the legal reform process as a whole.

 

On this path, however, Montenegro is faced by several possible drawbacks that might be hampering expected reform outcomes in a long run. Namely, the capacities of the Government need to be significantly improved in order to achieve the expected reform results and produce sustainable change. Legal reform efforts, for example, show that Government has the necessary ambition and devotion to move the process forward but it lacks mechanisms of effective implementation and it lacks necessary human and/or financial capacity to meet the requirements of the ongoing process. Secondly, serious deficit of funds caused by devastated economy and lack of foreign investments makes Montenegro highly dependent on international aid. Thirdly, the package of laws on local government is still pending, which delays the start of decentralization process, direct election of local government executives and more transparent spending of local governments’ funds. Moreover, results of public opinion polls proved that Government failed to introduce neither effective anticorruption measures, nor has it succeeded to raise the confidence of the public that the class of neuveau riche will, together with the citizens, carry out the burden of changes. 

 

In February ‘03, as a result of tedious negotiations conducted under the strong EU influence, the Constitutional Charter of Union of Serbia and Montenegro was signed and the new Union’s bodies were established. New constitutional arrangement with Serbia and accession to the Council of Europe request numerous legislative adjustments aimed at harmonization of the existing Montenegrin regulations with EU standards. After the tragic assassination of Serbian Prime Minister Zoran Djindjic in March ’03, it was obvious that the new criminal legislation, strengthening of independent judiciary and police reforms must follow fighting against organized crime in Serbia and criminal/corruption activities in Montenegro. This fact additionally proves the necessity of structural changes in the executive power and strengthening of professional capacity of judiciary to implement new legislation and thus create framework for sustainable reform outcomes that would finally bring obvious change and would relatively satisfy current public expectations of the process.

 

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FOSI ROM STRATEGIC PRIORITIES IN 2004

 

FOSI ROM Strategy for 2004 has been structured in line with the above-mentioned opportunities for action as well as expected obstacles. Being aware of result-conditioned international aid from one, and the fact that large pool of human resources with the NGO sector in Montenegro should be involved in the efforts aimed at reaching reform goals, the Foundation will by all means support coordinated and synergistic approach of all actors in reform process. On one hand, it aims at mobilizing other donors to cooperate in successful reform areas so far run mostly by OSI, and, on the other, mobilizing the state, professional associations and the NGO sector around tasks in less developed reform areas. Also, aware that complexity of the tasks in education/judiciary/public administration reform which Montenegro will be facing in 2004 exceed both budgetary and human resources available within the Foundation, we intend to develop an external supporting mechanism - Capacity Development Program (CDP) for this area in cooperation with the Government of Montenegro and UNDP. After all three partners agreed that priority should be given to three Ministries: Justice, Education and Foreign Economic Relations/European Integrations, the Government of Montenegro showed the readiness to invest 200,000 $ for the Program. UNDP is reallocating 150,000 $, while FOSI ROM expects the roll-over of 200,000 $ from 2002 to be proved for CDP purpose. We expect the Program to become operational in autumn ’03.

 

The new SEE cooperation initiatives give the opportunity to Foundations to address some important regional issues more intensively. Following the necessity of pushing national Governments to harmonize their policies in order to have more concentrated approach to future EU integration process, and also to help development of regional cooperation in crucial reform areas (like education, public health, media, culture and communication, etc), SEE Foundations agreed to launch several joint projects. Moreover, being aware that rise of employment and fight against grey economy continue to be of a high importance for the whole region and must be followed by regulations of the labour market, our Foundation, together with Foundations from Albania, Macedonia and Bulgaria, decided to participate in project on illegal labour migration.   

 

Priority 2004 programs of the Foundation will correspond with the three main reform areas – education, judiciary and public administration/local government, and will also cover empowering marginalized groups, through Women and Roma programs, while East East and Debate program will be designed to support ongoing reform processes.

 

In Education Reform Program, along with the strategy approved for period 2003-2005, we plan to continue our support in donor mobilization, capacity and institutional building and provision of transparency and accountability of the education reform process. The Foundation will take up a flexible approach which will make possible for us to pull out from the activities taken over by other donors, yet leaving enough room to provide support where most necessary.

 

The process of education reform has in many of its aspects come very close to actual implementation. The Ministry of Education and Science is preparing a re-organization plan and new institutions responsible for general and vocational education are currently being established. It is already by the end of this year that respective councils will approve new curricula and intensive work on preparing new textbooks has started so that they are ready for use in September 2004. Activities at optimising the existing school network, which is certain to be one of the hardest and most difficult steps to make, are starting by the end of this year. At the same time a number of focus schools for piloting new programs needs to be selected, adequately prepared and equipped so as to be able to provide quality education service. Not to mention the need for a comprehensive training program to be designed and delivered in order to enable the teachers to actually implement new programs.

 

Complex and delicate as they are, all of these activities are taking place within a rather unfavourable economic and social environment, which cannot be reasonably expected to change for the better in the very near future. On the contrary, the first measures at, for example, rationalization of the school network is bound to bring about the loss of jobs and even greater dissatisfaction among teachers, already badly hit by the low living standard. The last year’s 10-month long strike of teachers ended with the signing of an agreement between the former government and the teachers’ union on raising the salaries for a percentage which now cannot be fulfilled. Despite the new minister’s negotiating skills and efforts to maintain dialogue, there is a serious threat of a new teachers strike breaking out and seriously hampering reform activities.

 

The situation is further worsened by the lack of involvement of major donors in education reform. Montenegro has remained the only country in the region where there is no World Bank, bilateral or any larger international financial institution commitment to education.  It is through the support of the European Agency for Reconstruction (vocational education and infrastructure), UNICEF (teacher training), CRS (parental councils) and, primarily, OSI (institution & capacity building, curriculum reform, textbooks, teacher training, donor mobilization) that all the achievements so far have been made and that current activities are taking place. However, the new educational system can actually come into being only through the provision of resources economic much larger than currently available.

 

It is for this reason that the foundation has set down in the three-year education strategy donor mobilization, besides the support to key education reform areas, as one of the top priorities. Activities at establishing a Capacity Building Program in cooperation with the UNDP and the first donor information meeting for education in Brussels are the first steps towards the achievement of this goal.

 

With the recent developments in the legal and, consequently, judiciary reform realm, Law Program becomes one of the (most) important/effective tools that could enable creation of the new national criminal justice framework, would lead to increase of judicial transparency and would make judiciary more responsive and professionally equipped for the upcoming legislative changes and practical challenges in the judiciary realm (such as implementation of the new regulations, further computerisation of courts and, expectantly, new system of court management).

 

Priorities of the Law Program would, therefore, follow mentioned challenges and would be aimed at further institutionalisation of the existing (FOSI initiated) cooperation between main stake holders in the process - i.e. governmental sector, NGOs, judiciary and donors - as well as at creation of effective monitoring/control mechanisms that would allow interventions in practically all stages of the drafting/implementation of the new criminal legislation. FOSI'S support to criminal legislation reviews would be complemented by activities directed toward promotion/introduction of alternative sanctions concept as issue is gaining relevance with the ongoing criminal justice reform and EU harmonization challenges.

 

In terms of requirements posed by the EU association process it has also become obvious that the problem of case backlog needs to be efficiently addressed. Therefore our idea to assist in creation of mediation mechanisms that would allow for alternative dispute resolution needs to be further developed and, following forthcoming research on the topic, mediation will be introduced as a new Foundation’s initiative. Other FOSI plans include support to further capacity development/training of judges/prosecutors and further cooperation with other donors in the implementation phase of the reform process. Trial Monitoring Project seems to be valuable example of the mentioned cooperation, leading supposedly to increase of judicial efficiency and transparency and representing a joint endeavour of FOSI, UNHCHR, Council of Europe, OSCE and ABA CEELI.

 

Public Administration/Local Government Reform Program intends to support implementation of the new legislation, once its’ adopted, through programs aimed to raise the quality of cooperation between service deliverers and beneficiaries in public administration and local government reform process. As stated in Government’s Reform Agenda, a package of legislation on local government and new laws on public administration is probably be adopted by the end of 2003/beginning of 2004. In the field of Public Administration certain progress could be noticed in normative regulation of the system. Government and the Ministry of Justice continued the work with analyses and drafting laws: Draft Law on Public Administration has already been put in parliamentary procedure; Pre-draft of the Law on Inspection has been finalized; Public Campaign for Law on Ombudsman is finished and it will soon reach the Government in the form of draft law; Law on civil servants as well as the Law on civil servants’ salaries is being prepared. Adoption of these laws will create a good base for restructuring of the Public Administration through rationalization and definition of the proposed tasks as well as increasing the level of transparency and professionalism.

 

At the moment, local self-government reform process is in the final legislative phase and at the beginning of the phase of its implementation. The Law on Local Self-government, Law on Financing the Local Self-government, Law on Election of Mayors are already into the parliamentary procedure. It is important to note that Law on Election of Mayors will be withdrawn and replaced with Law on Local Elections which will, for first time in Montenegro separate elections on two levels: State and Local. Draft Law on Territorial Organization and Draft Law on Historical Capital have been already prepared. Preparation of the Law on the Capital City is being in the progress. This package of local laws will bring about some important changes in Local Self-Government system e.g. local self-government is performed with the principal aim to satisfy needs and interests of the local population. A changed position of Local Self Government towards State Government will mean that Local Government becomes partner to the State Government.  

 

The Foundation’s programs will be designed as three parallel processes: a) raising awareness about new legislation, in order to ensure better information of citizens about major legislation standards and differences between present and previous legal framework; b) development of the capacity of civil servants, both in Public Administration and Local Government, through information about new legislation and training in management techniques/personnel management/communication with citizens. One part of this process is the establishment of school for civil servants’ permanent training, which is prerequisite for future development and Public Administration and Local government Reform Process in Montenegro and c) strengthening relations between civil servants and citizens through stimulation of their joint activities and fostering their cooperation in fulfilling common tasks. Foundation will closely cooperate with other donor institutions, to achieve abovementioned tasks and to avoid overlapping of the same activities.

 

In order to further influence policy makers and other actors to develop and adopt Roma-sensitive policies, Roma Program will work on establishment of joint Task Force consisting of governmental and NGO representatives in charge of preparing a pre-strategy short-term action plan defining responsibilities of all main partners involved in Roma issues. FOSI will also initiate, at a later stage, preparation of the Roma education-related policy paper that would provide framework/encourage more significant social integration of Roma and would produce sustainable change.

 

Recognizing lack of education as a main issue that needs to be efficiently and adequately addressed, FOSI is currently considering financial partnership with UNICEF that would be sort of financial introduction into wider project - possible subject of Roma Education Initiative - that would allow development of comprehensive framework for greater participation of Roma in formal education system. Further strengthening of Roma NGO community in terms of its unity, capacity and monitoring skills will remain our next immediate priority in Roma Program, complemented by efforts enabling efficient media monitoring and research on basic human needs and challenges of the Roma community in Montenegro.

 

Women’s Program will continue to work along the three main programmatic lines: gender and education, prevention of violence against women and gender integration. Activities within gender & education will include both research and educational initiatives, e.g. continuation of the women’s studies program, as well as the support to the information and documentation canter. In the field of the prevention of violence against women, the foundation will focus primarily on the institutionalisation of the services so far delivered by the third sector and establishing mechanisms for the protection of victims of violence at local levels. We will also continue work on strengthening the NGOs providing support to victims of domestic violence and trafficking.  Finally, the gender integration program line will aim at including marginalized groups, particularly Roma women, through awareness raising projects in cooperation with the foundation’s Roma Program.

 

East East Program remains an efficient tool for supporting and fostering the ongoing reform process primarily by means of improving civic response to broad array of issues that are not dealt with in the framework of the mainstream reform efforts as well as by tackling specific challenges of the EU stabilization and association process. East East Program also intends to address indirectly and directly (where possible) certain global issues that are/might become relevant in the regional context. Issues such as prevention of human trafficking, organized crime, freedom of information and corruption may, therefore, become implicit part of the tentative 2004 strategy.

 

Through Debate Program, we intend to promote the debate methodology as one of regular forms of practice in secondary and higher education institutions in order to support the ongoing education reform process in Montenegro.

 

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BUDGET 2004

 

 

Core

OSI Match

Total (USD)

I EDUCATION REFORM PROGRAM

 

 

 

Capacity & Institutional Building

170.000

 

170. 000

Support to MOE in mobilizing donors

40.000

 

40.000

Transparency / Public Information

10.000

 

10.000

Evaluation

5.000

 

5.000

Total

225.000

 

225 000

II LAW PROGRAM

 

 

 

Judicial Training Center

18.000

18.000

36.000

National Law Program/Mediation

60.000

 

60.000

Alternative sanctions

10.000

10.000

10.000

Trial Monitoring Project

17.000

17.000

34.000

Clinical Legal Education

5.000

5.000

10.000

Freedom of Information/Free Access to information

10.000

10.000

20.000

Anti-corruption program

10.000

10.000

20.000

Total

130.000

70.000

200.000

III PUBLIC ADMINISTRATION AND LOCAL GOVERNMENT

 

 

 

Support to PALG reform projects

 20.000

20.000

 40.000

Training and education

 10.000

20.000

30.000

Support to local governments NGO sector

 40.000

40.000

 80.000

Total

70.000

80.000

150.000

IV ROMA PROGRAM

 

 

 

Step by Step Roma Site

15.000

 

15.000

Catch up classes for primary school Roma children

8.000

 

8.000

Literacy and education of the young Roma

8.000

 

8.000

Professional qualification for crafts

6.000

 

6.000

Scholarships for secondary school  and University students

10.000

 

10.000

Capacity building of Roma NGOs

8.000

 

8.000

Education of Roma women

10.000

 

10.000

Raising public sensitivity toward Roma

5.000

 

5.000

Total

70. 000

 

70. 000

V  WOMEN’S  PROGRAM

 

 

 

Gender&Education INDOC

11.000

11.000

22.000

Violence Against Women

10.000

10.000

20.000

Gender Integration

4.000

4.000

8.000

Total

25 000

25 000

50 000

VI DEBATE PROGRAM

 

 

 

Debate

3.750

3.750

7.500

Seminars, fundraisers, trainings, competitions, etc

3.750

3.750

7.500

Total

7.500

7.500

15.000

VII STEP BY STEP PROGRAM (spin-off)

 

 

 

Step by step program

68.500

68.500

137.000

Total

68.500

68.500

137.000

 

TOTAL BUDGET for 2004

596.000

251.000

847.000

 

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EDUCATION REFORM PROGRAM

 

Progress Report

 

What differs significantly in comparison with the three previous years of education reform is the fact that Montenegro is expected to have a stable government and, even more importantly, has for a new minister a person who had been main education reform coordinator before he took up this appointment. FOSI ROM has had throughout this period a very good cooperation with Mr. Backovic, which we believe will continue in the future. It is in this context that a Memorandum of Understanding has been signed between the Ministry of Education and Science and FOSI ROM binding both sides to increase their efforts towards the achievement of common goals.

 

The new Government of Montenegro has pinpointed education reform, together with legal and economic reforms, as a top priority area for support and implementation. The overall process of education reform, designed in cooperation with FOSI ROM, was also given as a good example to follow in other reform areas. Also, the Government in March 2003 has officially approved the Strategy for Education Reform in 2003 – 2005 and The Strategy for Introducing ICT into the Pre-University School System.

 

It is however absolutely clear that the commitment on the part of the government is insufficient without the corresponding financial component, both for implementing the planned changes and for solving the issue of the low living standards of school teachers.

 

In recognition of these facts as well as the need for involving major donors in education reform, MOE and the Government have presented this process to the World Bank as one of main priorities for support. However, WB cannot be reasonably expected to deliver support before 2005. On the other hand, after the 9-month strike of teachers in 2002, the old Government signed a memorandum with the Teachers Union on the increase of teachers’ salaries, which the new Government cannot fulfill completely. Despite the fact that the new minister is aware of the importance of maintaining social dialogue and has turned out to be a good partner in negotiations with the Union, there are reasons for fear of the new strike breaking out and hampering the process of reform.

 

There is also the issue of lacking human resources within MOE to take over and put in place what is now a diverse and rather cumbersome ‘burden’ of reform activities. It is for this reason that FOSI ROM, UNDP and the Government of Montenegro are now working on designing a Capacity Building Program as a support mechanism and way to tackle this problem. The CBP is expected to provide and transfer the necessary expertise through concrete engagement of foreign and local experts and thus bridge the current gap in human resources.

 

FOSI Representative Office – Montenegro Strategy for Education Reform Program for 2003 – 2005 was fully approved in November 2002. In pursuit of the strategic goal of the Foundation, i.e. continuation of the education reform process and development and implementation of quality and sustainable changes, the strategy sets out three main lines of activities in the years to follow. These are:

1. Support to MOE in mobilizing other donors,

2. Expert help to key reform segments, and

3. Ensuring transparency and accountability of the education reform process.

1. In order to support MOE in mobilizing other donors, MOE, FOSI ROM and OSEP-SEE co-sponsored and co-organized a Donor Information Meeting for Education Reform in Montenegro, Brussels 16 April 2003. The event was held under the auspices of the Stability Pact Task Force for Education and Youth and the United Nations Development Fund. It was the first meeting of this kind aimed to inform potential donors on the achievements made so far in education reform, the current state of education in Montenegro and priorities for donor support. This event is expected to be an introduction into, hopefully, a series of meetings based on expressed interest as well as a big pledging donors conference to take place in Montenegro in the fall 2003.

 

2. Expert help to key reform segments was aimed on four types of activities: curriculum reform, textbook publishing, institutional building and teacher training.

 

On completion of the methodological framework for curriculum reform, the National Curriculum Council has established subject commissions, which are expected to produce final curricula by October 2003. A series of capacity building workshops have been held in January – April in order to enable commission members to embark on this rather demanding task. FOSI ROM and OSEP-SEE have given full support to the National Curriculum Council by engaging short and long-term experts and providing financial assistance.

 

Agency for Publishing Textbooks and Teaching Aids has taken up a systematic and comprehensive approach by organizing training for its staff and textbook authors in order to be able to meet the demands of the Montenegrin educational system for new textbooks. FOSI ROM and OSEP-SEE have been providing technical and financial assistance to the Agency to accomplish its tasks. Upon recommendation of Mr. Phil Cohen, WB expert, and Mr. Miha Kovac, the agency will apply for funds from East/East for the organization of the international conference on textbooks publishing in small countries.

 

In terms of institutional building, MOE has prepared legal framework for the establishment of the Bureau for Education (general education) and the Center for Vocational Education. Also, a functional analysis of MOE has been done by an EAR expert, which will serve as basis for the reorganization of the Ministry. The recommendations from this analysis will make part of the detailed concept for support to MOE through the Capacity Building Program.

 

In teacher training, a series of workshops on the new concept of education and modern teaching methodologies have been organized with the help of the Foundation. FOSI ROM plans to also provide funds for the training of trainers in civic education.

 

3. In order to ensure transparency and accountability of the education reform process, activities have been undertaken by FOSI ROM and MOE to provide a monthly 2-page supplement on education reform in the daily “Pobjeda.” The first issue of the supplement will be issued in May. FOSI ROM and MOE are currently drafting a comprehensive media / public information plan (including public debates, round tables, briefing for the media, development of information packages, TV and radio shows, etc.) in order to ensure transparency of the process as a necessary component for achieving the desired impact of the envisaged changes.

 

Program Priorities in 2004

 

FOSI ROM plans to continue its support in donor mobilization, capacity and institutional building and provision of transparency and accountability of the education reform process. The budget for 2004 remains the same as in 2003, yet with slight changes within the envisaged budget lines (increase in the line projected for donor mobilization vs. decrease in the line for capacity & institutional building). The Foundation will take up a flexible approach which will make possible for us to pull out from the activities (hopefully) taken over by other donors, yet leaving enough room to ‘work between the cracks’ and provide support where most necessary.

 

Budget

 

ACTIVITIES

2004 (Budget in USD)

Capacity & Institutional Building

-          Curriculum

-          Textbooks

-          Teacher Training

-          Institutional Building

-          Legislation

 

170 000

Support to MOE in mobilizing donors

40 000

Transparency / Public Information

10 000

Evaluation

5 000

TOTAL

225 000

 

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LAW PROGRAM

 

Context

 

Following recent political developments reflected in signing of the Constitutional Charter of the State Union of Serbia and Montenegro, election of the new government and revision/update of the intended reform agenda, new requirements were posed to the Government and new efforts are on the way that would allow for a more intensive and enhanced course of the reform activities in the judicial realm. Consequently, current strategic approach of the Foundation would need to be adjusted to the requirements of the ongoing process.

 

As a consequence of the obligations stemming for Montenegro from the Constitutional Charter, several legislative tasks have been undertaken in the criminal justice matters. Moreover, accession of Serbia and Montenegro into the Council of Europe has brought up the need for a more substantive/systematic approach to all issues related to legislative drafting/reviews so that all ongoing legal reform efforts will be challenged with the key issue of harmonization with the relevant EU standards. Any serious reform intentions would, therefore, need to take the harmonization dimension into account, which, consequently, poses new requirements to the whole process. Agenda of the judicial reform, as presented recently by the Prime Minister, seems to understand the complexity and number of the issues that need to be addressed in the framework of the overall reform efforts, but the Ministry of Justice (as a leader of this reform segment) does not possess sufficient capacities to meet the requirements of the process. Understanding the relevance of the judicial reform, including its importance for fighting crime and corruption, FOSI ROM has undertaken several steps aimed at improving the pace and efficiency of the reform efforts:

  • Government has been advised by FOSI ROM to establish the Council for Judiciary Reform as a body in charge of overseeing the legislative process in all related subject matters and consisting of governmental/non-governmental/judiciary/donor representatives. Council has been officially established in February 2003.

  • With the support of the Open Society Justice Initiative an external expert has been engaged in order to suggest to the Government a substantially new model of internal organization that would increase efficiency/capability at the operational level

  • Also, FOSI ROM, Government of Montenegro and UNDP are currently developing the Capacity Building Fund as a tool that would assist the Government in addressing the capacity problem.

Progress

 

In the previous period several legislative projects approached the final phase. New Law on Courts took effect in February 2002, but its implementation is very slow due to lack of infrastructure and financial pre-conditions. Also, related acts (such as Law on Public Notary, Petty Crimes Law and several other acts) have suffered change of priorities in legal reform. 

 

Due to the obligations resulting from the Constitutional Charter, criminal law related acts gained priority and were put at the top of the updated judicial reform agenda. These laws are due until the end of 2003 and serious activity has been undertaken in order to meet the deadline. Working groups are already preparing drafts of the new Criminal Code, Criminal Procedure Code and Code on Execution of Criminal Sanctions. New Law on State Prosecutor has been drafted and has already been made subject of CoE's and OSCE's expertise. This Law will, however, need to be amended with the additional chapter introducing special prosecutor for organized crime - related matters (as results from the ongoing actualities in Serbia and from some international standards in this subject area), and certain activities in this regard are already being carried out. Support for the drafting groups and support to projects of the Ministry that would assist in increasing transparency and effectiveness of the whole process are currently being considered by FOSI ROM and OSCE.

 

In the prioritization process, drafting of the Law on Civil Procedure and Law on Executive Procedure complements criminal law acts. Rest of the relevant judiciary-related legislative tasks will most likely be tackled in the course of 2004.

 

As regards all judiciary related education, designed to help judges to carry out new legislation, Judicial Training Center (JTC) has proven to be reliable and desirable partner of FOSI ROM. JTC has been made partner of the Council of Europe in the implementation of the project of support to strengthening the efficiency of Montenegrin judiciary. Also, in the framework of the USAID's forthcoming project on court management, JTC will be one of the main implementing partners in activities aimed at increasing the capacity of court presidents, judges and court staff to effectively formulate and carry out organizational and procedural reforms, improve administration and management of their courts and develop/implement better case management practices. Following the fact that other donors are mainly project-oriented, FOSI ROM provides operational costs of the JTC. Bearing in mind the fact that JTC's operational costs are subject of continuous annual increase and the fact that our intention is to start with gradual reduction of our financial input in the project, FOSI ROM will continue advocating for stronger commitment of the state to this project and larger financial contribution from the Ministry of Justice to JTC throughout 2003.

 

Alternative sanctions were an issue randomly tackled by some of the other donors in the previous period and we have seriously considered a larger initiative aimed at promotion of this concept in Montenegro. Idea has gained significance in the context of the ongoing legislative reviews and an event is on the way (end May 2003) in cooperation with ABA CEELI, Ministry of Justice and, tentatively, few other donors, aimed at presentation of different models of alternative sanctions implementation to the members of the drafting groups working on criminal matters related laws.

 

Legal clinics project at the Law Faculty has experienced significant shift in terms of resources, management and development, which has brought to a sort of more strategic approach and ambitions. FOSI ROM has sponsored a study tour of the clinics' representatives to the Legal Clinics in Warsaw and Krakow, which took place in April 2003 and will continue support for the project throughout 2003.  

 

In December 2002 a joint (governmental/non-governmental) working group was established (with the financial support of the USAID) in charge of drafting working group that would draft the Law on Free Access to Information. Draft version of the law has been finalized meanwhile and is currently subject of expertise of the Article 19, Council of Europe and European Media Institute. Final draft will be prepared in next two months and law will soon be put in the parliamentary procedure.

 

Notwithstanding significant importance that the new reform agenda has given to the anti-corruption issue, it is obvious that no relevant activity has been undertaken in terms of promoting this issue and taking a comprehensive approach in order to fight corruption. Although the Law on conflict of interests (which was result of the joint effort of the governmental and non-governmental sector) as well as the Anti-Corruption Law have already been put in the parliamentary procedure, their adoption is still pending. Anti-Money Laundering Act will be considered by the Government in several days and will, most likely, also be put in parliamentary procedure in due time. Several joint initiatives of the Governmental Agency for Anti-corruption and local NGO (Center for Transition) have been supported in the course of 2002 aiming at raising public awareness on the importance of the issue, importance of cooperation between the sectors in addressing the issue and promotion of investigative journalism as possibly effective tool in fighting corruption.

 

Program Priorities in 2004

 

1. Reform of Judiciary/Support to Judicial Training Center

 

Judicial Training Center is continuing with the implementation of its long - term curriculum, as developed with support of the European Agency for Reconstruction. Moreover, EAR will be investing app. 300.000 EUR in JTC's activities over the next few years which adds value to our intention to limit our contribution to the project only on institutional costs in the course of 2003 and, likewise, in 2004. We would put effort in trying to reach agreement with the Ministry of Justice that would lead to increase in their financial contribution and would, hopefully, bring to reduction of our financial involvement in the project. This, however, can not be predicted and is therefore not reflected in FOSI's budgetary proposal.

 

2. National Criminal Justice Reform

 

a)   National Law Program: FOSI has expressed general readiness to support the criminal justice related drafting activities of the Government and, having in mind the nomination of the related working groups and their supervisory councils, a possibility of joint FOSI ROM/OSCE/CoE support to the project of criminal legislation review is currently being considered. The process has a relatively precise time frame, which ends with year 2003, but its implementation phase, which would most likely start in the course of 2004, requires substantial support.  

b)   Promotion of alternative sanctions: The existing legislative framework recognizes only few alternative sanctions (limited only to juvenile offenders) that are rarely used in judicial practice mainly due to the lack of effective support mechanisms that would allow benefits of their efficient and successful implementation. There is a need for a thorough legislative review that would propose new framework for alternative sanctions implementation, in accordance with contemporary/internationally recognized standards. There are certain provisions that could be used as an entry point for alternative sanctions until revision of Criminal Code and Law on Criminal Procedure is done. In the meantime, FOSI intends to cover this issue by means of promoting alternative sanctions (round tables, conferences), providing necessary expertise in all stages of the legislative process and exploring best practices in establishing mechanisms that would support factual implementation of the alternative sanctions concept. Partners of FOSI ROM in this program activity include UNICEF.

c)  Trial Monitoring Project (TMP):TMP is a new project in Montenegro initiated jointly by OSCE, UNHCHR, CoE and ABA CEELI, following an overall need assessment indicating specific needs to establish a mechanism (a monitoring body) that would be designed to objectively monitor and report on criminal cases with regard to the respect for/application of human rights standards in law and practice. The Project’s ultimate purpose is to obtain additional, unbiased and direct reporting information on institutional functioning and to determine possible shortcomings so as to improve law reform within the country. Several donors have been involved in planning and implementation procedure and few have expressed willingness to contribute financially. After the NGO "Trial Monitoring Project" has been established and after OSCE and UNHCHR have provided certain initial costs/preconditions for the project implementation FOSI ROM has provided (in April 2003) major financial input in the project that would, most likely, be complemented by more financial support from the OSCE in second half of the 2003. Would the preliminary evaluation give positive results and would the pattern of joint financial contribution be possible FOSI would consider certain financial contribution to this interesting project also in 2004.

 

3. Legal Capacity Development

 

FOSI will continue its support to the ongoing Legal Clinics Project at the Law Faculty in Podgorica - supported meanwhile jointly by FOSI and ABA CEELI. Four clinics are currently operating at the Faculty i.e. civil law clinic, commercial law clinic, administrative law clinic and criminal law clinic. An exchange program with the University of Nebraska has been initiated with the assistance of the ABA CEELI Office in Podgorica and few study visits have been carried out by clinics' representatives, one of which was FOSI sponsored, as previously mentioned. Faculty changed its statute and it provides for the Center for Legal Clinics to be established. Clinics have been incorporated into revised curriculum of the Faculty - to be implemented already at the beginning of the next academic year (2003/2004) and it has been planned that the existing clinics will be complemented by human rights clinic, while "live client" clinics might be introduced in the framework of the civil law clinic. Project has experienced change in management and approach and there is to develop it further by means of external expertise and strategic planning sessions, which understates support of FOSI throughout 2004.

 

4. Freedom of Information/Free Access to information

 

FOSI intends to take part in this important segment primarily through support for activities directed towards creation of social climate necessary for the introduction and implementation of the Law on Free Access to Information, once it's adopted. Public campaigns, related "lobbying" as well as trainings for targeted professional categories (as part of the implementation process) are some of the initiatives that might be considered in the framework of this program activity in second half of 2003 and (in terms of effective monitoring) in the course of 2004. In planned activities, FOSI will use experience from the neighboring countries.

 

5. Anti-Corruption

 

Although Government of Montenegro pinpointed anti-corruption as one of its priorities, new anti-corruption legislation are still pending and trials on corruption cases are very rare.  Notwithstanding weak response by the Government in this program segment FOSI intends to continue its course as identified last year, hoping that certain pre-conditions would be fulfilled for the creation of the comprehensive cross-sectional anti-corruption strategy. Intended activities would include the following: 

  • Training on investigative journalism and the encouragement of journalists to cooperate with local and international NGO experts to ensure more effective media coverage of corruption cases

  • Support for expert groups and NGOs to monitor proper implementation of the new legislation, once it’s adopted.

New Initiatives

 

Mediation

 

In terms of improving efficiency, quality and transparency of the judiciary, Ministry of Justice of Montenegro has considered possibility of legislative reviews (where necessary) that would allow possibility of mediation as alternative dispute resolution method. This idea has also been made subject of the recent seminar organized by the Judicial Training Centre (in cooperation with the Council of Europe), where, in the context of the forthcoming ratification of the European Convention of Human Rights, the issue of efficiency of the courts has been emphasized as one of the key requirements of the EU harmonization process. Following experience from Serbia in dealing with the case backlog it seems that short study visits to Serbian courts might be considered as an initial step toward more visible initiatives in this regard. Certain donor interest in this issue has already been identified and joint efforts in this regard might be considered. Having in mind that the need analysis aimed at identifying the degree in which the problem of case backlog exists in Montenegro is underway and is currently prepared by the Supreme Court of Montenegro, FOSI ROM has considered possible financial engagement in this program activity in 2004, based on identified needs and possible involvement of other donors. 

 

Areas of Possible Cooperation with Other Donors

 

1. OSCE: 

  • Assistance to judicial reform process through building up the capacity of the local judiciary and facilitating independent trial monitoring in Montenegro;

  • Assistance to Montenegrin government in its activities in the criminal justice reform.

2. EUROPEAN AGENCY FOR RECONSTRUCTION:

  • Support to Judicial Training Center

3. COUNCIL OF EUROPE:

  • Assistance to Montenegrin government in its activities in the criminal justice reform

  • Assistance to the development of the Judicial Training Center for Judges 

  • Further implementation of the existing Action Plan defined by the Prison Reform Steering Group in Montenegro, with a particular emphasis on legislative reforms

  • Increasing efficiency of Montenegrin judiciary in terms of reducing case backlog.

4. UNICEF:

  • Promotion of diversion/non-custodial measures

5. UNHCHR:

  • Trial Monitoring Project

Budget

 

Program activity

Core budget

OSI match

Total

Judicial Training Center

18.000

18.000

36.000

National Law Program/Mediation

60.000

 

60.000

Alternative sanctions

10.000

10.000

10.000

Trial Monitoring Project

17.000

17.000

34.000

Clinical Legal Education

5.000

5.000

10.000

Freedom of Information/Free Access to information

10.000

10.000

20.000

Anti-corruption program

10.000

10.000

20.000

TOTAL:

130.000

70.000

200.000

 

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PUBLIC ADMINISTRATION AND LOCAL GOVERNMENT

 

Context

 

In the beginning of February 2003 Montenegrin Government announced its new and comprehensive Strategy for Public Administration Reform with clearly set goals. However, the Strategy needs to be accompanied by relevant legislation1 as well as an action plan aimed at the implementation of goals. The Ministry of Justice responsible for reform implementation could not however do this with its own capacities. For this reason, FOSI ROM advised the Government to establish a Council for Reform which would consist of experts, NGO and donor representatives, and Ministry representatives. The recommendation was accepted and the Council created  at the end of February.

 

Parallel to this process, FOSI ROM, in cooperation with the Montenegrin Government and UNDP (United Nations Development Program) works on developing a CBP (Capacity Building Program) which will be an additional mechanism for supporting the abovementioned reform processes.

 

Progress

 

1) Support to public administration and local government reform process

 

FOSI ROM supported the publishing of the Legal Report 2002 – a compilation of  comparative analysis of the reform processes in the area of Justice, Public Administartion and Local Government.

 

2) Training and education

 

During 2003 FOSI ROM has continued to support the process of establishing Ombudsman in Montenegro through training on the institution of ombudsman for journalists from the north of Montenegro, investigative journalism and reporting about cases of violation of Human Rights. This training was implemented with the help of UNHCHR and OSCE.

 

3) Support directly to local governments/NGOs cooperating with local governments

 

FOSI ROM is supporting activities of the NGO as follows:

 

a) education for citizens in all Montenegrin municipalities about possibilities, techniques and methods of citizens’ participation in communal affairs according to the new Law on Local Self Government.

b) capacity building of the municipalities through trainings for civil servants on Project Proposal Design and Fund Raising. Besides civil servants, the project target group also involves members of women NGOs (this will be implemented in cooperation with the Foundation’s Women Program)

c) public debates in the Municipal Communities of Petnjica (Berane municipality) and Gusinje (Plav municipality) about positive and negative sides of  establishing of new municipalities- presentation of the legal framework (Law on Local Self Government and Law on Territorial organization) and comparative experiences from Slovenia.

 

Program Priorities in 2004

 

FOSI ROM has contacts with international organizations dealing with similar fields of interest and is going to try to find the best way for further cooperation in 2004. The Task force for PA-LG Reform consists from the representatives of donors, NGOs and the Ministry of Justice, and is responsible for guiding the reform process.

 

The co-operation within the network, with OSI LGI in the first place, will be continued in accordance with the common mission - promotion of democratic and effective local government and public administration (Local development, Legislative framework for decentralization, Public sector management and reform etc.). FOSI ROM will be relying one the resources available within network using its potentials, both material and non-material (e.g. Mentor Program- technical assistance to the governmental and/or non-governmental organizations). 

 

1. Support to public administration and local government reform process

 

FOSI ROM will support the Ministry of Justice in the proceeding and implementation of the law on Public Administration, Law on Civil servants, Law on Inspection, Ethic code, Evaluation and Stimulation of the Civil Servants. We will also provide assistance to the Ministry of Justice/NGOs in the processes of drafting, discussion, and adoption of ordinances (in cooperation with Law Program).

 

Regarding the package of Local Government laws, we will assist to municipalities in the implementation of the new legislation and drafting of ordinances. FOSI ROM will also support drafting and implementation of the Plan for Civil Servants’ Permanent Education.

 

During 2002 activities on introduction of Ombudsman in Montenegro involved organization of round tables on the comparative experiences in the Institution of Ombudsman in European countries, and a study visit of the Montenegrin delegation to the Ombudsman of Spain. In spring 2003 the Law on Ombudsman was drafted and is currently exposed to Public Discussion. Its adoption in the Parliament is expected to take place very soon. In coordination and cooperation with CoE, OSCE and UNHCHR, raising awareness activities and a campaign about the institution of Ombudsman in Montenegro will be continued as well as support provided to the establishment of Ombudsman.

 

2. Training and education

 

FOSI ROM will focus on supporting the training for public administration civil servants on new legislation implementation (in cooperation/coordination with the European Agency for Reconstruction), and trainings for local government civil servants on new legislation implementation in cooperation with the local NGOs.

 

Besides these abovementioned trainings, it is necessary to ensure the sustainability of the Montenegrin training institutions. FOSI ROM will, with technical help of LGI, explore the possibilities of creating a new institution for civil servants and will support its establishment.

 

To support the educational component of the Montenegrin public administration, FOSI ROM will provide training opportunities (e.g. within the summer school programme of the Central European University, Budapest) for young faculty members capable of developing and teaching the new subjects, translate and adapt core textbooks within the subject areas of public policy/ public administration/ local government. Mentor Program OSI LGI will be used as support in this process.

 

We will provide the information about opportunities for post-graduate studies and research for public administration and local government civil servants (in cooperation with network scholarship programs).

 

3. Support directly to local governments/NGOs devoted to collaboration with Local Governments

 

The foundation will continue with support to local communities keeping the grant -giving under this activity line, funding innovative projects, best practices of local governments. General public tenders will not be held anymore. They will be replaced by specific calls focused on identified priorities (e.g. citizens bureau). Part of  the funds from the programme line will be used to support and disseminate the experience of most innovative projects (through publications, training curricula, dissemination through the association of municipalities and workshops which will include presentation of the best practices, and inter-municipality cooperation in problem-solving processes) Increasing of the involvement of local media in municipalities’ activities is to be expected too.

 

In the sphere of co-operation of municipalities with NGOs at the local level, we will continue the support to initiatives that strengthen the relationship between local self-governments and the citizens they serve. Special attention will be devoted to contribute to better communication and collaboration among these entities through improving the level of transparency of the entire reform process in the field of public administration and local government. Provision of information and public participation in all the stages of designing, adopting, and implementing the projected solutions (e.g. public discussions on ordinances, citizens participation in decision making process).

 

In operational terms, we need to use more the institute of target tender for municipalities, but also keep the open tender, for NGOs in the first place.

 

Areas of Possible Cooperation with other Donors

 

1. European Agency for Reconstruction and Development started activities on reform of Public Administration in August 2002 through:

  • Preparation of a detailed policy paper outlining the necessary legislative reforms in the area of general State Administration

  • Providing expertise in reviewing, adaptation and drafting of relevant State Administration legislation

  • Support to the Government in the implementation of relevant legislation

  • Coordination and Management of the Public Administration Reform in Montenegro

  • Creating preconditions for permanent civil service training institution

  • Due to their project activities a potential area of cooperation is to provide for public administration civil servants on new legislation implementation.

2. Council of Europe is ensuring compatibility of domestic laws and practices with the ECHR through, among the other numerous activities, expertise in legislative drafting and support to enactment of legislation creating the office of Ombudsman

 

3. OSCE provides continuous support in establishing independent Ombudsperson institution

 

4. UNHCHR is supporting enactment of legislation creating the office of Ombudsperson.

 

5. USAID is supporting the activities in .proceeding and implementation of the laws on Local Self Government. Area of possible cooperation is support in the preparation of ordinances and training for local government civil servants on new legislation implementation-particularly in the area of fiscal decentralization.

 

Budget

 

Program segment

Core budget

OSI match

Total

Support to PALG reform projects

 20,000

 20,000

 40,000

Training and education

 10,000

20,000

30,000

Support to local governments NGO sector

 40,000

40,000

 80,000

TOTAL:

70,000

80,000

150,000

 

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ROMA PROGRAM

 

Context

 

In terms of building a more sustainable approach to some of the crucial problems of Roma population in Montenegro, FOSI ROM has been trying to gather the most relevant actors around the issue of promotion/fostering of the education of Roma children - an issue that has been recognized as the most relevant mechanism for any serious emancipation/integration/affirmation of Roma. In this sense a Memorandum of Understanding has been signed between the Ministry of Education of Science of the Republic of Montenegro, UNICEF and FOSI ROM, in February 2003, as a pre-requisite for elaboration of the comprehensive strategy that would tackle this issue in a more substantial and obligatory way.

 

Notwithstanding certain announcements related to possible Roma participation in political life, FOSI ROM deems that no criteria has been seriously met in order to make such step forward. Meanwhile, in spite of existing political readiness of the state to create conditions for improvement of Roma status, no significant activity has taken place in this regard. The passive approach of the state in addressing this category of population becomes particularly obvious when it comes to the problem of Roma IDPs/refugees which remain treated as a temporary rather than a permanent problem, in spite of the level and type of their integration. Their unemployment and "ad hoc discrimination", moreover, tend to generate certain wider social consequences.

 

Capacities of Roma NGOs, on the other hand, stay rather weak and internal cooperation between Roma NGOs gets continuously burdened by lack of coherence and sometimes lack of substantial communication between them, caused partially by limited knowledge on best practices/ approaches to some of the critical issues and partially by focusing on certain less important challenges rather than the substantial problems. Media is dedicating less than modest attention to the socio-economic status of Roma and Roma problems, if dealt with, are in most of the cases tackled in an superficial and unsystematic manner, lacking necessary objectivity and criticism. 

 

Progress

 

Memorandum of Understanding - that has been signed between main organizations that are addressing education of Roma - has been considered as the first step toward a more sustainable approach of FOSI ROM to Roma education related initiatives. Such an approach is reflected in a project that would be submitted in May 2003 to the Roma Education Initiative and would be a joint effort of the signatories of the above mentioned Memorandum and Pedagogical Center of Montenegro (as a spin off of our Foundation and, tentatively,  main implementing partner in REI). All intended activities of FOSI ROM in the implementation of Roma program in the ongoing year will remain greatly influenced by decision on the project, due to understandable budgetary implications on other program segments.

 

In the previous period we have continued support to some of the NGOs that have proven to be reliable and efficient partners that understand the basic challenges of the Roma integration process.  FOSI-sponsored initiatives in second part of 2002 and first half of 2003 included, but were not limited to, education oriented programs:

  • Step by step Roma site for pre-school children in Podgorica has been further developed involving more than 60 Roma children and tending to gain wide parents' and community support,

  • several FOSI sponsored projects have been carried out, offering catch-up classes/ consultancy (to young Roma already enrolled in formal elementary schools) and second chance quality educational programs (for Roma children of age 9 - 18). In the second half of 2003 all second chance education programs may become subject of partnership among FOSI ROM, UNICEF and School for Elementary Education of Adults (established following new Law on elementary education),

  • stipends for high school and University Roma students have been further provided as an  efficient tool for reduction of Roma students' drop-out at the secondary school level,

  • few awareness raising programs on reproductive health for Roma women have been supported together with the basic literacy education programs. These programs were quite successful, especially in Podgorica municipality where situation of Roma refugees from Kosovo is deemed to be the most critical and

  • FOSI-sponsored documentary on positive examples from Roma community is underway aimed at reducing prejudices and offering different view of every day Roma reality.

Program Priorities in 2004

 

1. Educational programs for Roma children/youth

 

Further development of existing network of partners working in the educational realm remains priority in the course of the next year. This partnership will further be challenged with possible outcome of the Roma Education Initiative but also with growing needs in the field, constant implementation problems and strict success indicators that would need to be addressed in the course of 2004.

 

FOSI would continue its support to Roma Step by step pre-school site(s) and number of NGOs that are implementing non-formal pre-school/formal primary school (catch up classes) education projects in 10 Montenegrin municipalities. Also, in terms of second chance integration of Roma children into the formal educational system at a later age, it is possible that certain support of FOSI ROM would go to the School for Elementary education of adults, following negotiations with the Ministry of Education and Science. This would bring to more sustainable results in this program activity following the fact that programs offered in this regard would undergo quality assurance control by the Ministry which would consequently lead to increase in quality of the performed activities and (having in mind that the program would be officially accredited by the Ministry of Education) would guarantee sustainability of the project outputs. Following significant interest in training of young Roma for crafts this activity also has to find its place in our plans for 2004.

 

FOSI's mission implies systematic approach to all levels of education and requires sustainability of undertaken activities. Stimulating scholastic performance of Roma students by means of stipends and, where possible, establishing their network that would allow their engagement in certain FOSI sponsored projects and would bring to their involvement and interest in Roma focused initiatives, remains strategic priority that would also need to be met through Roma Education Initiative (although in a more comprehensive and long term  manner).  

 

2. Further capacity building of Roma NGOs

 

This program segment has been made subject of shared financial commitment between FOSI ROM and UNICEF - when it comes to NGOs pursuing educational activities. FOSI ROM would dedicate additional attention in 2004 to focused and need analysis driven training in cooperation with the Center for the Development of the Non-governmental organizations. Any supported training would need to be based on thorough need analysis and would be subject of certain evaluation.

 

3. Addressing needs of Roma women

 

Having in mind there is no separate Roma women related activity in the Women Program of our Foundation and at the same time having in mind existing budgetary limitations in Roma program, we have implicitly made this program segment rather a mainstream activity than an explicit commitment. This, however, is not reflected in the quality and substance of the projects that we intend to carry out in this program segment. We would further focus on certain initiatives addressing Roma women that are victims of violence (as this has been identified as an assistance needed target group) as well as on initiatives proposing general awareness raising programs on reproductive health issues and offering psycho- social support to the needed categories.

 

4. Raising public sensitivity toward Roma issues

 

FOSI will continue its activities aimed at breaking stereotypes in regard to Roma and fighting  existing prejudices. Priority would be given in the course of 2004 to initiatives aiming at objective, impartial media reporting on certain Roma related issues/concerns/challenges. Capacity building of potential Roma candidates that could meet requirements of FOSI's ambitions in this program segment will also be seriously considered.

 

Areas of Possible Cooperation with Other Donors

 

1. UNICEF

 

Agreement on Cooperation with UNICEF is on the way in the course of 2003 that would institutionalize our partnership in the Roma related educational activities in both financial and operational terms. Moreover, UNICEF will be made strategic partner of FOSI ROM in pending Roma Education Initiative project.

 

2. OSCE

 

As regards the OSCE (engaged in Roma issues mainly at a political level) cooperation is satisfactory and continuously developed, while it seems that great relevance has been attached to the FOSI's engagement in all Roma related initiatives.

 

Budget

 

Program segment

Core budget

OSI match

Third part

Total

Step by Step Roma Site

15.000

 

 

15.000

Catch up classes for primary school Roma children

8.000

 

 

8.000

Literacy and education of the young Roma

8.000

 

 

8.000

Professional qualification for crafts

6.000

 

 

6.000

Scholarships for secondary school  and University students

10.000

 

 

10.000

Capacity building of Roma NGOs

8.000

 

 

8.000

Education of Roma women

10.000

 

 

10.000

Raising public sensitivity toward Roma

5.000

 

 

5.000

TOTAL:

70. 000

 

 

70. 000

 

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WOMEN’S PROGRAM

 

Context

 

The social and economic context within which Women’s Program operates in Montenegro does not go in favour of positive changes. The country is in a deep economic crisis and any serious attempt at tackling this issue would, in short term certainly, involve further decrease in the living standard and greater turbulence at the labour market. This, again, may well be expected to affect the social environment within which the issue of women’s human rights will not find itself among the top priorities for consideration.

 

Promotion of women’s rights, educational and research initiatives as well as the pressure on state institutions to develop gender sensitive policies have so far been to the greatest extent conducted by the NGO sector and international organizations. Moreover, WNGOs in Montenegro have proved to be the best service providers in all areas of struggle for gender integration. Women’s Program has been developed in line with the Foundation’s main strategic guidelines for 2004. It will continue following the priority subprogram lines and aspire to institutionalize projects that have been systematically developed in the last four years of the WP operation in Montenegro.

 

Progress

 

The foundation underwent in 2002 a rather difficult transition period and all WP projects were granted only at the very end of 2002. It is for this reason that most of the projects are still underway and that in the progress report we cannot give concrete results.

 

1. Violence Against Women

 

In the field of prevention of domestic violence activities have been undertaken to establish links between the NGOs and the institutions dealing with this issue at local levels. A series of trainings with the support of FOSI ROM were held by the SOS Hotline – Podgorica covering police, social centres and healthcare staff in almost all Montenegrin municipalities. Work on establishing teams and training for VAW protection in a number of selected cities will take place in the fall of 2003.

 

Also regulations on the behaviour of the police in cases of domestic violence are currently being designed through the USAID/ORT programme and are expected to be put in place by June this year. The program on the prevention of domestic violence and protection of victims delivered by the SOS Hotline has this year been part of the regular curriculum for graduates at the Police Academy in Montenegro.

 

UNHCHR and FOSI ROM have jointly initiated activities at introducing changes within the whole range of laws treating the issue of domestic violence. The first phase of the project is to finish in May after which general public will be informed on it and lobbying organized for the changes to be formally introduced into the existing legislation.

 

Lastly, but not least importantly, an initiative has been taken, with the support of the current Minister of Healthcare, for the National Team for the Prevention of Violence Against Women and Children to be established for the purpose of designing and implemented a coordinated state/NGO response to this issue.

 

2. Gender & Education

 

A series of seminars and workshops covering a wide range of topics related to Women’s Studies have been organized with the foundations support by the NGO Anima / INDOC in Kotor. The courses have so far proved to be a great success and are considered so by both the participants (students from the University of Montenegro and NGO activists) and the lecturers (coming from UoM and centres for women’s studies in Belgrade, Zagreb and Novi Sad). The foundation plans to support the continuation of the course throughout 2003.

 

Also a range of lectures and seminars are currently taking place through FOSI ROM support, and will continue by the end of the year, at the Faculty of Philosophy. Neither participation nor organization are at the level of those launched by the NGO Anima / INDOC, but the fact that the lectures and workshops are happening at the University itself bear certain significance.

 

A research into gender stereotypes in the Montenegrin primary school textbooks is about to finish soon and a number of activities is planned for the findings of the research to be known to, primarily, curriculum revision commissions and textbooks authors, as well as general public.

 

Finally, the project aimed at collecting women’s testimonies and experiences from their lives through the establishment and collapse of socialism has been initiated and is currently under way with the help of the Centre for Women’s Studies in Zagreb.

 

3. Gender and Integration

 

WP has been working with the Foundation’s Roma Program on a joint project aimed at providing health, social and education services to Roma women and children at a Roma site populated by IDPs from Kosovo. The NGO Trauma Center involved in this project also helps Roma women get jobs outside the site and is generally very well received.

 

Program Priorities in 2004

 

1. Gender and Education

 

a) Support to the establishment of Women’s Studies: FOSI Representative Office – Montenegro will continue to support organization of women’s courses as an alternative educational program aimed at achieving two main goals, i.e. building of the capacity of women’s NGOs and activists and the development of the critical mass of women capable of producing change in the status of women in Montenegro. In pursuit of this goal, the foundation will rely on the NGO Anima / INDOC as a reliable partner capable of delivering quality programs and cooperate with other international organizations, such as Kvinna Till Kvinna.

 

The foundation will also be open to women’s studies initiatives from the University of Montenegro. WP is fully aware of the women’s studies position within the broader context of university reform and will be ready to support quality projects of this kind to the extent allowed by our rather limited budgets. Based on the results of the research into gender stereotypes in the Montenegrin schoolbooks, the foundation will try to link this program with the education reform currently taking place in Montenegro, particularly in terms of the need for introducing the issue of gender in the process of textbook production.

 

b) Support to the development of Information – Documentation Center: FOSI Representative Office – Montenegro intends to continue its support to the Information-Documentation Center established within the NGO “Anima”, for the purpose of contributing to its sustainability after the closing of the WP in Montenegro. We hope that a strong Info-Doc Center, which will make part of the wider REWIND NET, could become a link between the NWP and the Montenegrin WNGO scene.

 

In order to enable the INDOC to achieve its long-term goal, i.e. cooperation between the national and regional women’s info centres which will promote gender equity and influence the work of the media, women’s activists and policy makers at all levels, the foundation will continue its support to this initiative in the next year. The foundation also intends to help enlarge the group of activists from various walks of life gathered around INDOC for the purpose of contributing to both its quality and sustainability.

 

2. Violence Against Women

 

The Foundation will focus its activities on establishing teams for the prevention of violence against women and children at local levels. Model teams will be established at a number (most likely four) selected cities, which will, upon evaluation of their work, be disseminated in other parts of the republic. Local teams will need to receive additional training and special focus will be placed on health practitioners and police force members.

 

In this context it is important to mention that the foundation’s program for Public Administration and Local Government is going to support joint capacity building seminars for local government staff and WNGO’s members which we hope will help initiate cooperation between the two and create conditions for further work on the issue of domestic violence.

 

The foundation will cooperate with other international organizations, UNHCHR and NOVIB in particular, in projects related to the struggle against domestic violence.

 

3. Gender and Integration

 

This subprogram line will primarily focus on marginalized women’s groups, such as Roma women, by providing the necessary social, psychological and healthcare services as well as training needed for their easier employment. These activities will be carried out in cooperation with the foundation’s Roma Program.

The foundation also intends to support projects aimed at increasing the participation of women in the public life, particularly in the political sphere, through awareness raising programs and concrete needs-based training.

 

Budget

 

Types of Activities

Core Budget

OSI Match

TOTAL

Gender&Education INDOC

11.000

11.000

22.000

Violence Against Women

10.000

10.000

20.000

Gender Integration

4.000

4.000

8.000

TOTAL

25 000

25 000

50 000

 

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DEBATE PROGRAM

 

Context

 

Debate Program should not be viewed only as a program on its own, but also as part of the ongoing efforts invested into the reforming of the education system in Montenegro. Namely, what makes this program as necessary and current as before is both its methodology aiming at redefining the relationship between students and teachers and its content through which students are motivated to become active citizens in their society. It is exactly through the debate program that the education reform has found its way into the schools before it the envisaged changes start to be officially implemented.

 

Progress

 

In 2003 three new clubs were established in the north of Montenegro –Berane, Andrijevica and Pljevlja – just after the training of trainers held in Budva in December 2002. At the same time International Debate Tournament took place in Budva, in Serbian and English language, with Serbian, Macedonian and Romanian clubs participating in it.

 

During May 2003, the joint project OSI and Save the Children UK will be conducted  in several high schools. Debate clubs will present trafficking issue to the children in elementary schools and to high-school students, as well.

 

The national Debate tournament in English language took place in Podgorica, on April 12th  2003. Seven debate teams competed on the resolution “Nations of the world should streghten International Criminal Court.” The best three orators will present Montenegro at the International Debate Tournament in Slovenia.

 

The regional tournament, for the North region, was organized in  Berane, on April 19th 2003. Five teams competed, and the best one was from Berane.This tournamenet was important, because it was the first time for debaters from Pljevlja, Andrijevic and Berane to compete.

The resolution was “ Money rules the world”. Reginal tournaments for the South and Central region will be organized during the May. We are prepearing Debate Summer Camp for all debate clubs in Montenegro, with guests invited form FRY, and the national tournament, as well.

 

Program Priorities in 2004

 

In 2004 special focus will be placed on the revitalization of the program and activation of the local schools club, as well as the linking of the program with the education reform process taking place in Montenegro. Also, the Debate Program will increase its efforts at establishing partnerships with other donors and international organizations in order to be able to fundraise for conducting of particular activities as well as to help ensure the sustainability of the program.

 

The following activities are intended to be undertaken:

  • Organization of training seminars for teachers and coaches, basic and advanced level,

  • Organization of regional and national tournaments (three reginal for a year), as well as participation at international competitions,

  • Summer camp for debaters and coaches,

  • Promotion of regional and international cooperation,

  • Linking of the debate program teaching principles with the current activities at changing the educational system in Montenegro,

  • Support to the work of local clubs,

  • Organization of fundraising and project proposal writing seminars, etc.

Budget

 

PROGRAM

Core

OSI match

Total

Debate Program (A-M. salary, administrative costs)

3 750 

3 750

7 500

Seminars, fundraisers, trainings, competitions, etc

3 750

3 750

7 500

TOTAL

7 500

7 500

15 000 USD

 

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EAST EAST PROGRAM

 

Expected relative stability in Montenegro seems to be a good opportunity for a more systematic and sustainable action in a number of fields that generally have significant social impact but have not been made part of the current reform agenda. Resources of the East East Program seem to be an inexhaustible source of opportunities for both, non-governmental actors and their counterparts. The issue of ways and mechanism in which to address successfully possible beneficiaries remains, however, to be further explored. 

In the meantime, East East Program, as seen by the Foundation, remains an important tool for supporting and fostering the ongoing reform process primarily by means of:

  • enhancing exchange of knowledge/experiences/best practices between countries experiencing similar social and political developments

  • improving civic response to broad array of issues that are not dealt with in the framework of the ongoing reform efforts

  • promoting cross-border cooperation and understanding regional dimension of the forthcoming integration processes

  • tackling specific challenges of the EU stabilization and association process

In the forthcoming period FOSI ROM would continue its practice of stimulating, through East East, reform-related initiatives/ideas closely related to our strategic priorities:

  • Two projects are already under way, in the educational realm, dealing respectively with textbooks' publishing practices (in the context of the ongoing curricular reform and conceptual textbooks' revision). Initiatives tackling challenges of the implementation phase will most likely be supported throughout 2004 - reflected in organization of discussion forums and regional exchange of experiences in education reform.

  • In the legal reform segment support for focused study visits (aimed at gathering experiences at the regional level) might be considered as an activity complementary to the ongoing legislative efforts. In public administration and local government dimension of the process, decentralization related projects/collecting experiences in terms of civil servants training/projects oriented towards finding mechanisms for stimulation of community development will be considered for support.

Outside of the reform arena, attention shall be given to:

  • community - needs driven projects, 

  • civic initiatives and ideas dealing with the EU integration requirements and related legislative  harmonization process

  • initiatives addressing mechanisms for more successful social integration of certain marginalized categories 

  • projects containing multi-ethnical element and fostering inter-ethnical dialogue

  • projects addressing challenges of civil society development in general.

Moreover, East East Program of FOSI ROM intends to address indirectly and directly (where possible) certain global issues that are/might become relevant in the regional context. Issues such as prevention of human trafficking, organized crime, freedom of information and corruption may, therefore, become implicit part of the tentative 2004 strategy.

 


1 In Public Administration area three laws are prepared and waits for further procedure (Law on Public Administration, Law on Inspection, Law on Ombudsman).

In Local Government area two laws are in Parliamentary procedure (Law on Local Self Government, Law on Financing of the Local Self Government,) and two are prepared and waits for further procedure (Law on Capital City, Law on Historical Capital). Law on Election of Mayors will be withdrawn and replaced with Law on Local elections. (back)

 

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