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FOSI ROM PROGRESS UPDATE FOR 2005/6 and STRATEGY FOR 2007 - 2009
On May 21, 2006, the referendum on the state status of Montenegro took place, with the turnout of 86.3% and the majority vote of 55.5% in favor of independence. The referendum requirements had been defined under the auspices of the EU. The referendum was observed by 3,600 accredited observers and over 800 reporters. All the relevant international organizations and institutions (OSCE/ODIHR, EU, and Council of Europe) confirmed the fairness, regularity and transparency of the process. However, opposition parties who opted for keeping Montenegro in the union with Serbia refused to recognize the referendum result.
Following the referendum, the Parliament of Montenegro adopted the Declaration on Sovereignty and Independence, proclaiming Montenegro's full jurisdiction over its territory. The activities that followed were those related to international recognition and establishment of diplomatic relations, as well as membership in the UN, Council of Europe, OSCE and other international organizations and institutions. Shortly after the referendum, the EU set a new institutional arrangement with Montenegro in order to continue negotiations on the SAA.
Within the process of dissolution of the State Union, competencies will be devolved from the State Union level to the level of the two states and new bilateral arrangements will be created. At the state level, new Constitution will be adopted and new policies in the areas of defense, foreign affairs and human rights protections will be introduced. On September 10, 2006, parliamentary elections as well as local elections in several municipalities were held and the ruling coalition of Democratic Party of Socialists (DPS) and Social Democratic Party (SDP), led by the current Prime Minister Milo Djukanovic, has claimed victory by winning 42 of the 81 seats in the Parliament. The same coalition won in most of the municipalities that conducted the local elections. This election result guarantees a stable government for the next 4 years. The elections were characterized by reduced political tensions, establishment of new opposition parties like Movement for Change that won 11 seats in the Parliament, as well as significant political fiasco of the so far leading opposition Socialist People's Party that won less than half the previously held number of seats - 11 compared to 26. Also, one of the significant changes in comparison with 2003 elections was the fact that the majority of election campaigns were focused on economic and social issues. The only exception was the Serbian List, who concentrated their campaign around the issue of reuniting with Serbia and won 12 seats in the Parliament.
By solving the state status issue, which was in the forefront for a long time, as well as by proving its democratic capacity through free, fair and participative referendum process, Montenegro finally and successfully closed one of the crucial chapters in its history. However, in order to capitalize on this positive political and historical momentum and to secure sustainable economic and social development, the new state of Montenegro should invest double efforts to overcome its existing problems in those areas.
One of the main challenges of the new state will be to overcome long-lasting divisions of the society and to make Montenegro "the state of all its citizens". Lack of social consensus and social cohesion represents a serious burden and the most important task will be to make citizens widely interested and involved in the state development. As post-referendum polls show, divisions on pro-union and pro-independent political blocs are still present and still determine the positive or negative stand towards the future development. Value orientation is also an important element of divisions within society. Although in minority, a certain percentage of citizens is still committed to retrograde nationalistic tendencies from the early 1990-es and is not ready to accept the process of reconciliation, facing the past and respect for universal values. They are mostly supporters of political parties who refused to recognize the referendum result, which makes desired social consensus additionally complicated. .
More than 80% of the whole population supports the EU integrations, but a certain share of the population does not understand that joining the EU implies a change of their value orientation, too. Also, majority of people is not aware that present reforms are closely connected with the EU process and tend to see reforms as a "business of the government" and EU integrations as something "coming from outside" and are not ready to participate in any of them.
More effective protection of human and minority rights will also be a tempting and serious task. Although Montenegro is proud of its lasting multicultural harmony, as well as the fact that it succeeded to avoid ethnic conflicts on its territory during the 1990-es, the new state should seriously reconsider its minority protection policies and be ready to upgrade its legislative and institutional capacity to implement effective measures to secure genuine and sustainable interaction of ethnic groups. This process should be closely connected with reaffirmation of universal values and seen as a powerful element of social consensus and social cohesion.
One of the burdens of the new state is also the fact that the average citizen living standard still remains poor and unlikely to be significantly upgraded in a short run. So far, Montenegro has proved to be an attractive area for foreign investors and it is to expect that this trend will continue and even intensify in the future. However, some of these transactions were non-transparent and not followed by adequate measures for management of labor force and environment. As foreign capital is gradually overtaking the main enterprises and almost the whole electrical-energy system, a concern is rising among ordinary people that this process might bring even more insecurity in their lives. It should be a serious warning to Montenegro to additionally develop its institutions not only to guarantee security of business, but also to implement more effective mechanisms to supervise transparency of foreign investors' performance. Also, in order to make foreign investments a factor of development and social stability, Montenegro should set new, effective development policies in the areas of human and natural resources.
Although intensive reforms have taken place over the last four years, public and local administration, as well as judiciary in Montenegro are still inadequately prepared for the EU integration process and still suffer from the lack of professional and skilled personnel. Low salaries, as well as negative phenomena such as corruption and nepotism make this sector unattractive for young and mid-carrier professionals. In order to utilize the EU integration process not only for upgrading administrative capacity, but also as a framework for stable development of the country, the state should seriously reconsider its employment and payment policy in public sector and implement better planning and coordination function to make effective use of the EU Instruments for Pre-Accession (IPA).
Foundation's Mission and Strategic Priorities 2007-2009
In the post-referendum period, the Foundation's Board sees as crucial the necessity for a more significant role of the civil society - not only to advocate for openness and accountability of institutions, but also to become an important factor of social cohesion. The Board also believes that development of institutions, their professional performance of their tasks, accountability and openness are necessary preconditions for genuine social consensus and for a stable path towards the EU.
Having in mind the challenges mentioned, as well as assessing the real human and financial capacity of the Foundation, the Board discussed the modalities of the Foundation's role in the next three years and recommended that the Foundation sets its strategic goals in accordance with the following mission:
To contribute to social cohesion and social consensus on EU integrations and sustainable development of Montenegro, based on universal human values.
Civil sector, especially NGOs, has over the last few years upgraded not only its understanding of the EU integrations and policies, but has also developed its own programs and human resources. Numerous educational, advocacy and monitoring projects have been successfully implemented, out of which a considerable part has been supported by our Foundation. However, the civil sector is still fragmented and its capacity to make effective exploitation of existing resources is still weak. In assessing the real capacity of the civil sector to become agents of change, social cohesion and social consensus, the Board expressed its concerns regarding the positioning of the civil sector within the society. Namely, for many of the civil society actors, new reality will require new approaches and serious redefinition of its mission and performance, and the Board deems that the Foundation should invest additional efforts and funds in this area.
One of the most important tasks for the Foundation will be to support strategic partnerships of NGOs with European structures, in order to increase their capacity to advocate for accountability and openness of institutions and to leverage internal pressure on the government to implement EU policies and standards. Also, the Foundation sees its role in supporting NGOs to redefine their programs in accordance with the present social challenges such as building a social consensus on the overall development of the country. We intend to organize series of meetings, forums, as well as a strategic planning conference of the civil sector for setting the priorities and directions of action in the forthcoming period. This process is to be followed by a broad and intensive public awareness campaign aimed to mobilize common people to participate in public life and to be more directly involved in the state development.
The Foundation believes that strong advocacy campaigns and monitoring activities, as well as serious investigative journalism are the most powerful instruments of making pressure on the institutions to work professionally and to become a real service to the citizens. On the other side, civil society can contribute to building of social understanding, consensus and genuine citizen support to universal values, reforms, as well as sustainable development and EU integrations as a main integrative impetus in the society. One of the first steps might be to advocate for opening a wide participative discussion on the national development plan which will clearly set the development goals of Montenegro and allow its citizens to understand how to use the EU integration process as an instrument for long term democratic, economic and social stability of their country. Considering all of the above, the Board identified the first strategic priority of the Foundation in the forthcoming period:
To ensure a more substantial role of the civil society in building a social consensus on the common values, as well as their role as advocates for open and accountable institutions.
In the last four years, the administrative capacities of central and local institutions have been slightly upgraded. The Foundation invested significant efforts and funds to support this process through its regular programs, as well as through the Capacity Development Program, implemented in strategic partnership with the Government, UNDP and other donors. However, institutions are still unable to address effectively social deviations such as corruption and nepotism or to ensure proper protection of human and minority rights. The EU integration process will demand more serious reforms not only on the part of executive, but also legislative and judicial branches to effectively perform the tasks ensuing from this process. It is necessary to strengthen the capacity of the parliamentary and government bodies in charge of EU integrations to effectively coordinate and conduct activities ensuing from SAA. This is also important in order to enhance the openness of this process through intensive cooperation of official bodies with civil society and other stakeholders, especially in light of effective use of EU Instruments for Pre-accession (IPA) for sustainable development of the country. Reform of judicial branch still remains the most challenging task, especially in relation to the new and important role of courts in the implementation of EU standards. The Foundation will continue to support development of professional, effective and open public/local administration and judiciary so they become a real service to citizens and effectively implement EU standards and policies.
In the further process of building social cohesion in the EU integration process, it is necessary to enhance transparency and accountability of the government, as well as to develop its capacity to cooperate with the civil sector and other stakeholders. The Foundation will focus its activities to contribute to the development of new functions, responsibilities and policies within public and local administration. Also, having in mind the necessity for better public understanding of EU standards, legal instruments and policies, the Foundation, together with its NGO and media partners, will continue to implement programs that will allow better public information function of institutions and their openness and capacity to cooperate with civil sector. Therefore, the second strategic priority of the Foundation will be:
To continue to support development of the capacities of public/local administration to perform the reform tasks, as well as to implement EU standards and policies in accordance with the principles of professionalism, openness and cooperation with the civil society.
Implementation of Strategic Priorities through Programs in 2007
The Board agreed that in 2007 the Foundation should continue to perform its mission and strategic priorities through existing programs: European, Law, Public/Local Administration, Education, Roma and Women. Also, the Foundation will continue to actively contribute to development of a new phase of Capacity Development Program (CDP) for Public Administration, a partnership program of the Foundation, UNDP and the Government of Montenegro.
In European Program, we will continue with the multi-year project School for EU Integration, an intensive four-month educational program for all stakeholders in the process - representatives of civil, public and business sectors. We will also continue to gather the School alumni through the EU Integration Forum, which is established to ensure their continuous involvement in the consultation process regarding the implementation of EU standards and policies as well as IPA. We will intensify support to local NGOs to establish regular consultations and cooperation with EU representatives and civil sector from EU countries. Special programs designed for media professionals will also be continued, in order to ensure proper understanding among the general public about the current EU integration process. We will also continue to support cooperation between public and civil sectors through joint projects, as well as to ensure their regular dialogue through conferences, roundtables, education programs and experience-exchange sessions.
In Law Program, we will continue to build the capacity of professionals in judiciary to implement the European Convention of Human Rights and its protocols. We will also support programs designed to ensure proper transfer of responsibilities for human rights protection from the former State Union level to the national level. Part of our funds will be directed to NGOs that monitor implementation of anti-corruption legislation, such as the legislation on political parties financing. Transparency and accountability of state institutions will be performed through civil monitoring of the implementation of the Law on Free Access to Information. In partnership with King Baudouin Foundation, we will support a coalition of NGOs to establish a long term monitoring of protection of minority rights.
In Education Program, we will continue to support development of capacities of central institutions in this area - Bureau of Education and Examination Center, to perform their functions regarding teacher training, informing the general public on new developments in education, as well as assessment of reform results. We will also support greater involvement of Parents' Councils in the reform process through building their capacity to monitor implementation of education reform. Special attention will be given to civic education, as well as to programs of NGOs designed to enhance the ability of students to be "critical consumers" of media and Internet. In cooperation with Education Support Program, we will organize a regional conference on transparency and accountability of educational institutions. As a follow-up, we will organize sessions at the national level in order to identify the ways to fight negative phenomena such as corruption in the education system.
In Public/Local Administration Program, we will continue to organize capacity development programs designed to facilitate implementation of new laws. Based on the Analyses of Local Government Performance and Responsibilities, produced in 2006, the Foundation intends to organize follow up sessions with representatives of local governments in order to do secondary analyses of the identified gaps between responsibilities of institutions envisaged by law and the real performance of institutions. We will also continue to support cooperation between civil sector and central and local governments. In order to maximize the capacity of civil sector to influence the agenda of decision-makers and to perform more intensive monitoring of government activities, the Foundation also intends to continue with programs aimed to strengthen capacities of the civil sector to perform this task.
In Roma Program, the Foundation will continue to participate in the Advisory Board of the multi-year Roma Education Initiative project, supported by the Roma Education Fund and conducted by the Ministry of Education and NGO Pedagogical Center (local Step-by-Step). The Foundation will also continue to advocate, in cooperation with other donors and NGOs, for more effective and timely realization of Roma Decade Action Plan. Rather small Foundation's program budget will be used for continuation of the project of providing legal aid to Roma communities in two major cities to realize their rights to education and medical protection.
In Women's Program, the Foundation's activities related to gender integration and gender education will be continued. Projects related to overcoming of gender stereotypes that proved to be successful in last three years are to be continued in order to contribute to development of universal values within the society. Special attention will be given to further mobilization of WNGOs for active participation in the EU integration process and more active advocating in the area of employment policies and equal opportunities for women and men.
The Foundation will continue to actively participate in all governing bodies of the Capacity Development Program - Steering Committee, Executive Committee and Advisory Group, without contributing financially to the Program's budget. By the end of 2006, new three-year phase of the Program is expected to take place, with the overall objective to contribute to the following functions of public administration: management of EU accession process, integration of diverse government development strategies, effective coordination of donors' support, as well as devolution of functions from central to local level.
In 2006, the Foundation operated within the total budget of 1,063,620 USD. Out of this sum, 60,000 USD were one-time budgetary support for advocacy campaign related to transparency and legitimacy of the referendum process. In 2007, this 60,000 USD will disappear from the Foundation's budget. However, the Board sees the next three-year period as crucial for development of the new state and deems appropriate that the Foundation capitalize on its role as an important supporter of social changes. The Board believes that the Foundation's successful performance so far, as well as comprehensive activities planned for the next three years proves the Foundation's ability to support stable development of Montenegro and its stable progress towards the EU. Considering all of the above, the Board deems appropriate to open a new program line for crosscutting post-referendum activities aimed to support both public and civil sectors, with the budget of 200,000 USD. With this additional item, total Foundation's budget will equal 1,203,620 USD. In the implementation of these additional activities, the Foundation will rely on its existing staff.
Context
At this stage, implementation of the education reform in Montenegro is well under way: the first group of 20 elementary schools started the new reformed first grade in 2004/5, 27 new schools entered in 2005/6, to be followed by additional 28 schools as of 2006/7. It is planned that all elementary schools will have entered the reform by the school year 2008/9. A major highlight in terms of the schooling system is the introduction of the new concept of comprehensive high school, to start as of 2006/7. The concept includes new curricula as well as a system of elective courses to be offered by individual schools - one of the electives available is civic education. The main role in managing this segment of the reform belongs to the Bureau for Educational Services, a young institution that FOSI ROM has supported so far and intends to continue supporting in 2007.
The Government of Montenegro has adopted the Strategic Plan of Education Reform for the period 2005-2009, elaborating the following key elements: decentralization, democratization, infrastructure, continued professional development, ICT, inclusion, enrollment policy and textbooks and teaching aids. The Plan outlines the process of managing and monitoring the reform (stressing the importance of coordination among five leading institutions), as well as reform implementation at different levels of the education system.
Among important novelties is the formal establishment of the national Examination Center in February 2006. This institution will be in charge of developing and conducting all forms of external assessment, including the high school graduation exam ("matura") and measurement of the quality of overall education system as well as individual students' outcomes. Its role will be crucial also in providing valuable input to other institutions and in providing adequate information to the professional and general public, faced for the first time with this assessment policy.
The National Action Plan for Youth, currently being finalized, has been coordinated by the Ministry of Education and is to be forwarded to the Government. This paper will include as one of the headings the issue of young people and education.
The World Bank loan worth 5.5 million USD has been operational since 2005 and has been used for the purposes of: training teachers and managers (BES, EC staff, school principals), professional development system (advanced qualifications), evaluation and assessment (pilot on self-evaluation of schools, PISA), textbooks, purchase of equipment (introduction of ICT in schools and institutions), infrastructure (school repairs). Other donors in the field of education have included UNICEF (inclusion), CIDA (through Montenegro Educator Development Program focused on leadership, institution management and professional development), OSCE (civic education), Save the Children UK (inclusion), Finland (inclusive education).
Progress Update September 2005 - September 2006
Within the envisaged programmatic components of Capacity and Institution Building, Transparency and Public Information, Teacher Training and Evaluation and Monitoring, ERP has provided support to a range of activities implemented both by government institutions and non-governmental organizations.
The continued partnership with the Bureau for Educational Services (BES) has resulted in the implementation of several projects, focused on human and institutional capacity and on the tasks faced by the Bureau as a leading agent in implementing the education reform. To this aim, support has been granted to development, translation to Albanian, printing and distribution of the curricula necessary for the reform to be implemented in the schools where teaching process is conducted in Albanian. The preparation and publishing of the study on National Assessment of learning Outcomes of 3rd Grade Elementary School Students in Mother Tongue and Mathematics followed previous support to the national assessment project conducted in 2005. The study provided the framework for future assessments and its results have been published and made available to the professional public. Teachers' Guide through Inter-Subject Fields: Civic Education and Ecology serves to inform the teachers about the contents they can use to provide civic and ecological education components, provide guidelines related to the new courses as well as proposals for designing the parts of curricula to be created by the school / parents / local community. All publications available both at www.zavodzaskolstvo.cg.yu and www.osim.cg.yu.
In line with the continued support to the introduction of civic education in schools and considering that assessment has been defined as a priority area within the training agenda of civic education teachers, a seminar on assessment of knowledge, skills and attitudes has been organized for two groups of teachers from twenty elementary schools that have introduced this subject in the school year 2005/06. In response to the identified need, another seminar on the same topic has been organized for the BES staff, aimed at enhancing their capacity in performing the advisory and supervisory roles.
In response to a major novelty in the schooling system this year, ERP has supported several projects related to the introduction of the new comprehensive high school concept: development of curricula for 14 elective courses; development and publication of brochures and CDs on compulsory elective courses intended for students, parents, teachers and management of elementary and high schools; publication of the Information Bulletin in the local and Albanian language.
Within public information component, BES has also received support for a brochure on Enhancing Teaching Practice, maintenance and updating of its web site (www.zavodzaskolstvo.org) and development of a database. Since BES is in charge of teacher training as well, RWCT training has been supported for teachers from reformed schools, as well as RWCT and Step by Step training of trainers program, conducted by the Pedagogical Center of Montenegro.
ERP has also continued its support to the implementation of the OECD PISA Project, which has encompassed this year the main testing of 5,500 15-year-olds and is intended to provide comparable data on the performance of the education system and indicate possible improvements, and serve as baseline for subsequent testing, in the reformed education system (www.pisa.cg.yu).
ERP has supported the newly established national Examination Center (EC) in its effort to present its role and future activities to the general and professional public and thus make sure that all key stakeholders are familiar with the forthcoming external assessment procedures.
Partnerships with relevant NGOs have resulted in the support for projects that fostered the establishment and work of student associations in secondary schools (NGO Office for the Protection of Students' Rights and Taking Care of Students' Standard), evaluation and feedback from parents on the course of the ongoing education reform (NGO Montenegro Parents' Association), support to the Roma inclusion campaign (together with other donors and NGOs), publication of History of Montenegro since Ancient Times until 2003, (NGO Center for Emigrants).
Through its activities, ERP has been able to respond to the new developments in the reform implementation, such as the new concept of high school, the establishment of the EC, and coordinate with other donors' activities in the field. In the light of OSEP SEE office closing down, it is considered that further support is needed from the ESP, primarily in the following areas: providing expert assistance to the ERP and to the key partner institutions in Montenegro on topics such as institution building, evaluation, capacity building, teacher training, strategic planning, access to other sources of funding; resource and information distribution; support to specific initiatives at national or regional level.
Strategic Priorities in 2007-2009
The evaluation conducted in 2005 by Ms. Johanna Crighton, evaluation expert, assessed FOSI ROM's involvement in the field of education as adequately recognized and valued, at the same time stating the shift of key efforts from designing to implementing the reform, that is from the activities related to "supporting, coordinating and consulting to those of monitoring, advocacy, and policy development as the reform proceeds". Considering the future course of the reform, the evaluation recommended that "FOSI-ROM's ERP should continue to focus on building sustainable, competent central institutions, as well as on its more traditional role of providing practical "rapid-response" help to schools and teachers" and that it should, considering the nature of the program and its resources "provide targeted support in a limited number of areas".
FOSI ROM Board of Directors has assessed that, in line with the Foundation's overall strategy, ERP should continue in the period 2007 and beyond. The Board has stated that the implementation of this program is fully compliant with and serves as a most appropriate instrument for the fulfillment of the two defined strategic goals of the Foundation: assuring a more substantial role of civil society in building social consensus, social cohesion and respect of universal values, human and minority rights and promotion of principles such as democracy, rule of law and social justice and support to the development of capacities of public/local administration to perform its reform tasks, implement EU standards and policies in accordance with the principles of professionalism, openness and cooperation with civil society.
The strategic goal in the field of education in 2007 remains, in line with the 2005 evaluation recommendations and the relevant context, to help ensure a sustained, quality and accountable continuation of the education reform process. FOSI ROM' s general commitment to assisting both public and civil sector in pursuing Montenegro's development priorities translates into strategic support to the education reform that is characterized by capacity building, promoting transparency and accountability, incorporating European, open society and universal humanistic values and developing partnerships.
In 2007 FOSI ROM Education Reform Program will continue with its balanced and flexible approach to the education reform process, consisting of: grant-giving, expert assistance and technical support to key agents and activities, and ensuring adequate monitoring and publicity. In light of the country context and the reform process development, this remains the most effective concept that allows effective targeting and tackling of the most relevant issues.
The approach described above is to be implemented by focusing on the following priority areas: further strengthening of human resources and institutional capacities; fostering the active role of NGOs in the reform processes; incorporating equity issues; insisting on transparent and accountable practices and a perspective on the predominant values and ethical concerns in a transition society.
One of the key characteristics of the ERP approach remains coordination with other Foundation and network programs in order to address crosscutting issues and achieve adequate impact as well as ensure promotion of open society values.
Program Priorities in 2007-2009
Strengthening of human and institutional capacities of the Bureau for Educational Services (BES) and the Examination Center (EC)
Assistance to the BES and EC, as key institutions in charge of managing the educational change, will focus primarily on areas such as evaluation and monitoring in implementing the reform activities. In line with the BES Strategic Plan 2005-2007, which envisages further activities on evaluation of curricula implementation, self-evaluation of schools (piloted in 2006), professional development of teachers (system of advanced professional qualifications), standardizing teacher training programs and striving towards schools being able to select programs that meet their specific needs, FOSI ROM ERP will continue providing its support to developing the overall capacity of this key institution.
As of school year 2006-7, BES will be implementing and monitoring the new concept of comprehensive high school and it is anticipated that assistance will be necessary in ensuring analyses and monitoring of the implementation of the new curricula.
In 2007 the EC will require major assistance in enhancing the expertise of its staff (half of the personnel remains to be hired in 2007) and its capacity as an institution. In addition, it will need to thoroughly present its role, tasks and activities to the public and make its work recognizable. FOSI assistance is anticipated primarily with regard to these two areas, and may include also: pilot testing in elementary schools, preparations for the external high school graduation ("matura") exam including conducting a pilot, conducting research and providing inputs to other relevant stakeholders (most importantly to MoE and BES).
Evaluation and public information
One of the ERP priority areas is making sure that all of the relevant stakeholders have their standpoints with regard to the implementation of education reform articulated and considered. In line with this, the Foundation will continue with its partnerships with relevant NGOs (Office for the Protection of Students' Rights, Parents' Association, other donors and NGOs) aiming at strengthening the position of these stakeholders, enabling their participation in monitoring the progress and impact of reform and distributing their findings and analyses.
The Foundation will foster and coordinate follow-up activities related to the issues of ethics, accountability and anti-corruption in education, with the ESP supported 2006 Regional Conference as a starting point for this line of activity.
Within this priority area, and considering the changed dynamics of the PISA project (results will not be available before December 2007), the Foundation sees an opportunity to bring this and similar assessment projects closer to schools, students, parents and teachers by disseminating useful and informative materials and obtaining feedback. Also, to ensure that, once the results are out, they are thoroughly elaborated and analyzed for the purpose of further development of the education system as well as for the purpose of having the professional and general public adequately informed.
ERP will assist in the promotion of European, open society and universal values through an effort conducted with its partners in this field to enable the youth for critical appraisal of the societal values currently in place and the mechanisms employed to establish and advocate them.
ERP will help the efforts of educational institutions in raising the awareness of general and professional public about education reform issues. It will also continue cooperation with the relevant NGOs and work towards their active involvement and possible partnership with the official agents of reform.
Professional development of teachers:
Budget (in USD):
Context
After Montenegro conducted its May 2006 referendum on the state status and gained international recognition as an independent state, in late July 2006 the EU Council of Ministers decided to continue negotiations with Montenegro on Stabilization and Association Agreement. This decision was taken in accordance with the previous conclusion of the European Commission that the new state should continue negotiations on the basis of results achieved so far within the "twin track" negotiations previously set for the former Union of Serbia and Montenegro. Within the new mandate, Montenegro should overtake competences from the State Union level in the areas of defense, foreign affairs and human rights protection, as well as fulfill a set of obligations ensuing from the European Partnership, a comprehensive action plan for SAA negotiations. In order to achieve its desired goal to finalize the SAA process by the end of 2006, Montenegro should intensively work on upgrading the administrative capacities of all three branches - legislative, executive and judicial, as well as on implementation of effective policies against negative effects of transition, such as corruption and organized crime.
According to the polls, public support to EU integration remains high (more than 80%). However, deeper analyses illustrate that a certain percentage of EU supporters still opt for dark nationalistic politics from early 90-es. These people are not ready to accept the new reality in Montenegro and follow their political leaders who refused to recognize the referendum results. This fact represents a serious challenge for the new state, its further political, economic and social reforms, and its path towards the EU.
As polls have shown, the citizens are interested to learn more about EU issues and are expecting to get most of the information about EU from the Government and from the media. However, official information they get through the media and through the governments' press conferences are not easily understandable for them. As a consequence, common people see the EU integration process as a set of complicated bureaucratic procedures that are developing "somewhere outside" and are not aware that implementation of EU standards is to have a serious impact on their lives.
Montenegro still suffers from the lack of professionals capable to participate in EU integration process. This is partly due to the fact that EU studies have not been part of the higher education system. Also, publications on EU issues are not translated in the local language, the fact that limits wider spread of knowledge among non-English speakers. Recent changes in higher education curricula and introduction of specialized EU studies are promising in this sense.
Although in the last two years some prominent NGOs, supported by our Foundation and other donors, have developed more intensive programs related to EU issues and started to cooperate with their counterparts in EU countries, the level of exchange and effective use of existing EU networks and platforms is still sporadic. As EU integration process develops, more intensive cooperation will be needed in order to leverage impact of advocacy efforts.
Progress Update September 2005 - September 2006
Better public understanding of the reforms and the EU integration process:
The Foundation continued to support public opinion polls related to reforms and EU integration process in order to direct its support towards areas of citizens' interest and concern. Among other things, citizens expect to be informed on the EU through the media, but in a more comprehensive and understandable manner. However, the journalists themselves are not adequately prepared to perform this task. This was the reason for the Foundation to support professional debate, where representatives of media, media experts, lawyers and representatives of governmental and international institutions discussed two topics: attitudes and perception of citizens on media reporting on the EU and EU accession process, as well as the ways of informing the citizens of Montenegro. The project objective was to determine the role of the media in EU integration process, to improve the professional standards in journalism and to stimulate professional and public debate on EU in the media.
Professional debates on the abovementioned topics were followed by the activities aimed to inform the public, thoroughly and in a timely manner, on European integrations and their impact on diverse aspects of life in Montenegro. Through five one-day seminars/workshops, editors and journalists from the public and commercial media in Montenegro had the opportunity to consider the impact of the EU accession process on the Montenegrin economy, agriculture, social policy, environment, and protection of human rights. Lecturers were national experts in the field and experienced journalists from the region (Croatia, Macedonia, Bosnia and Herzegovina, and Slovenia).
In order to raise public awareness on EU issues, the Foundation supported publishing of two books: "Glossary of European Integrations" and "Enlarged Europe, Economic Changes and Expectations". The Glossary contains information on EU history, institutions, policies and programs. Particular attention is devoted to information on the association process of Montenegro. The "Enlarged Europe, Economic Changes and Expectations'' is a comprehensive study of political and economic developments in the process of creation of united Europe. It contributes to better understanding of the structures and manners of functioning of the EU and is also a useful source of information for NGOs, the university and civil servants.
Support to NGO cooperation with central and local government:
The Foundation continued its support to cooperation between NGO and governmental sector in their efforts to inform citizens on the EU process. As in 2005, the Ministry for International Economic Relations and European Integrations and a group of prominent NGOs dealing with EU issues developed the issues of newsletter "EuroMont". This 24-page newsletter features the activities of non-governmental organizations within the preparations of Montenegro for European integrations, activities of public authorities regarding EU integrations and other information of importance for this field, relating both to Montenegro and the whole region of Western Balkans. The newsletter is printed in the local language as a supplement to the daily paper "Vijesti". The electronic edition, in both local language and in English, is posted on the website of the Ministry.
Education of stakeholders on issues related to EU integration:
The multi-year project of the Foundation - the School for EU Integrations, successfully conducted by reliable partner NGOs during 2004 and 2005, was continued, enhanced and geographically branched out in 2006 by offering one course for the central, and one for the northern part of Montenegro. This comprehensive alternative education program provides the trainees with knowledge and understanding of the EU integration processes and offers basic information on the history, law, political system, EU institutions, EU economy and human rights protection standards and measures. The School is created to encourage the candidates to undertake activities aimed at promoting and embedding the European standards in the modern society of Montenegro.
The Forum of School of European Integrations connects alumni of the School in order to enrich their experience and encourage them to participate actively in the SA process in Montenegro. The Forum gathers 170 students of four generations of the Schools organized in Podgorica (2003-2006) and in Bijelo Polje (2006). Most prominent national and international experts in the field of European integrations are involved in the work of the Forum. They work with the students of the School in the form of lectures, open for the public, and round table discussions leading to the publication of essays. The students also have informal meetings where they exchange information and agree on joint activities. Topics on the forum were: Western Balkans and Process of European integration, Perspectives of EU development, Lobbying in Brussels and Road of the CEE countries to the EU and Balkan perspective.
Having in mind the important role of the local government in implementation of policies compliant with the EU standards, the Foundation supported the education of local government staff on EU issues conducted by NGOs dealing with EU. The aim of the project is to raise awareness, increase knowledge and level of information among local civil servants on EU issues: institutions, governing procedures, decision-making processes, the SA process, position of Montenegro in the SA process, role of the central and local government in the SA process etc.
NGO training and mobilization on EU issues:
In order to facilitate the understanding and monitoring of the developments in Montenegro by the responsible officials in the European Commission, the Foundation facilitated the creation of inputs for the Monitoring Report of the European Commission, 2006. The inputs are prepared in cooperation with experts from NGO Center for Democracy and Human Rights (CEDEM) and Center for Human and Minority Rights (CHMR). The document contains analysis of the situation in human rights and judiciary in Montenegro. In cooperation with OSI Brussels, the document was presented to officials of the European Commission.
Foundation supported the project Montenegrin Public and European Integrations, aimed to improve the general and professional public awareness on the contents and progress made by Montenegro in the area of European integrations. Activities encompass collection of data from the media, scientific and professional publications, putting databases on their website and disseminating information via an electronic newsletter and supplement to the magazine "Građanin" (Citizen). The project also involves the collection, processing and presentation of data on the attitudes of certain groups of citizens of Montenegro on the directions, intensity and importance of the EU accession process for Montenegro. Panel discussions of representatives of governmental and non-governmental sector, the media and the University should contribute to better communication of the main social actors in the EU accession process.
Activities related to the referendum in Montenegro
Given the specific political momentum at the beginning of 2006 regarding resolving of the state status, the Foundation initiated activities to contribute to open and democratic dialogue on this issue.
Conference on the Legal Aspects of the Referendum in Montenegro, held in September 2005, served as a forum for expert discussion with reference to comparative experience and international standards on the right to self-determination, voting right, the issue of the majority, the conditions for holding of referendum, as well as recognition of referendum results. After the round table, a bilingual publication was issued containing presentations, findings and recommendations. The publications were forwarded to the EU officials, representatives of all 25 member-states and USA, relevant NGOs, institutions that have influence on the creation of EU policies, members of the Venice Commission, institutes and domestic stakeholders in governmental and civil sectors. The project contributed to the development of a peaceful and stable environment for holding the referendum on state status of Montenegro and accepting the referendum outcome.
Following the same idea, the Foundation, with the assistance of OSI-London and OSI-Brussels offices, supported the established communication and cooperation of the NGO sector in Montenegro and EU member-states so that European official could gain a fuller picture of Montenegrin society and its needs. The project "Campaign of public advocacy related to legitimacy, legality and transparency of the Montenegrin state and legal status resolution process" included organization of consultative meetings with NGOs from Montenegro, resulting in issuing the Joint Declaration on the Conditions for Further Democratization of Montenegro, used in the public advocacy campaign at meetings with EU representatives. The Declaration addresses topics of the resolution of the constitutional status of the Republic of Montenegro by organizing a democratic and fair referendum, prevention of further deepening of divisions in the Montenegrin society, enabling continuation of European integration process, better civil participation in EU integration process etc.
In Spring 2006, the Foundation supported Civil Monitoring of the Referendum in Montenegro 2006. Professional and reliable NGOs monitored the operation of the referendum administration bodies and campaigning of political parties, keeping the public informed regarding the compliance with the procedure, the observance of human rights and the use of media in the campaign. On the day of the popular vote they monitored its regularity and, using PVT (Parallel Voting Tabulation), issued the referendum results immediately after the closing of the polling stations.
Strategic priorities in 2007-2009
The Foundation's Board recommended that the Foundation keep its existing program strategic orientation to upgrade the knowledge and participation of the stakeholders in EU integration process.
The Board also agreed that this program should continue to serve as the Foundation's cross-cutting support for implementation of NGO activities related to human rights, political system, status of reforms and compliance with standards set in the Copenhagen documents.
In post-referendum period, the Board deems necessary to introduce a new program goal - to boost synergy of civil sector to utilize EU process as an instrument for democratization of the country, cohesion of the society and support to universal values.
Program Priorities in 2007-2009
Better public understanding of the reforms and the EU integration process:
The Foundation intends to continue monitoring the trends in the public opinion regarding reforms and EU integrations. Particular attention will be given to value orientation of groups of citizens who at the same time support the EU process and retrograde nationalistic politics from early 90-ies. The Board expressed serious concerns about ungrounded optimism of some people in Montenegro that the EU process will solve all problems of the country, including opposed value systems and divisions in the society. In the forthcoming period, the Board deems necessary that existing Foundation's support to projects related to better public understanding of reforms and EU integrations be enriched by discussions on common values aimed to raise awareness of people that social consensus on values is equally important as consensus on EU integrations.
Support to NGO cooperation with central and local government:
In line with the Foundation Board decision, the Foundation should continue to support joint programs of NGOs and central and local governments that can contribute to gradual preparation of citizens for the forthcoming phases of the EU integration process. This is particularly important having in mind that the negotiations on EU standards and directives are conducted on the central, but implemented on the local level, which directly influences everyday life of common people. The Foundation intends to enhance its planned educational programs for local politicians implemented through PALG with roundtables, seminars and other joint public/civil sector activities through EU program, aimed to put the topics related to the impact of EU accession on citizens on the agenda of local governments and the Parliament.
Education of stakeholders on issues related to the EU integration:
Considering that representatives of all sectors in Montenegro - public, civil and business, are still in need of intensive alternative educational programs and basic literature on EU available in the local language, the Board agreed that the Foundation should address this need. In order to contribute to development of capacities of all stakeholders in the accession process, the Foundation will continue to support alternative four-month educational program "School for EU Integration". The Foundation will continue to cooperate with the coalition of reliable NGO partners on further development of the School's curricula, as well as stimulate local experts to be School lecturers. Last year the Foundation decided to geographically branch out the School and to organize two parallel courses for two regions in Montenegro. Since this decision was very productive, we will continue with this practice in the forthcoming period. We will also continue to gather School alumni at the Forum.
NGO training and mobilization on EU issues:
The Foundation should continue to support coalitions of NGOs that in the pre-referendum period advocated for open, democratic and transparent vote. The Foundation Board shared the view that in the post-referendum period we should continue to mobilize NGOs around issues that will come to the forefront in the forthcoming period. One of the initial activities will be support to NGOs to issue the Post-referendum Declaration, aimed to advocate changes and monitor the processes of preparation and adoption of the new Constitution of Montenegro, development of democracy, implementation of rule of law, protection of human and minority rights, good governance and sustainable development as well as social cohesion in Montenegro. The Declaration will be published in daily newspapers in autumn 2006. Follow up activities envisage broadening initiative and mobilization of civil society stakeholders through organization of panel discussions and advocacy campaigns. The Foundation also intends to organize the first NGO conference in Montenegro that will gather representatives of civil sector working in various areas. The main objective of the conference is to strengthen the position of the civil sector in society in order to become more effective agent of changes. Chief expected output of the conference is a long-term strategy and action plan for the civil sector that will define objectives and implementation methodologies for advocacy and monitoring campaigns in the post-referendum period.
Budget (in USD):
Context
Previous period in Montenegro has been marked by the referendum on the state status of Montenegro and the fact that majority of Montenegrin voters have decided in favor of the independence, thus bringing a long period of political confrontation over the state issue to an end. As one of the major questions in the political debate in recent Montenegrin history has been settled, issues related to different aspects of economic and social welfare have come to the fore. Results of the recent referendum also raised the issue of promoting civic participation and framing a more strategic and sustainable social perspective in post referendum Montenegro that might offer good grounds for the overall improvement of the rule of law.
One of the main consequences of the new state status would be the devolution of what used to be federal competences in certain matters to the level of the independent Montenegro. This primarily refers to the jurisdiction over implementation of the European Convention on Human Rights and other relevant international human rights protection instruments that becomes responsibility of relevant Montenegrin stake holders.
In the sense of the ongoing constitutional reform in Montenegro, extensive debate has been opened that should result in adoption of the new Constitution which would reflect European values, standards and practices. The new Constitution is expected to introduce new framework for the effectuation of human and minority rights and, moreover, to offer new model for the election/dismissal of judges. The latest recommendations of the Council of Europe and the Venice Commision suggest that political influence of the Parliament needs to be avoided in the process of election of judges and that transparent procedures of recruitment and career management should be put in place, based on objective and professional criteria for selection. However, no concrete solution has been reached on this yet, leaving the issue of the judges' election procedures and of the Judicial Council's effectiveness open to debate.
The protection of minorities also becomes major test in the forthcoming period with the adoption of the Law on the Rights and Freedoms of Minorities in May 2006. The issue of political and other representation of minorities becomes a hot issue at the current political agenda especially in the light of the recent decision of the Constitutional Court to turn down articles of the Law on minorities that determined guaranteed seats in the parliament for the minority representatives. The debate has evolved as the Law has often been characterized as a compromise between independent's bloc and minority parties and sort of concession to the minorities in turn to votes for independence. Implementation of the Law in terms of defining the role of the minority councils that need to be formed, following provisions of the Law, remains one of the major challenges. Enabling adequate composition of the councils so as to make them reflect political and other interests of relevant minorities (including Roma), remains another issue to be addressed as their public participation remains at a low level.
Based on the European Commission monitoring report and the renewed EU Partnership with Montenegro[1], an extensive activity of the Government is expected in the forthcoming period that would lead to adoption of new or improved practices in important areas.
The Government has finalized some of the legislative efforts, resulting in a number of new legal acts such as the Law on Public Notary, Law on Court Fees and Law on Training of Judiciary. Law on Criminal Liability of Legal Entities has also been adopted in December 2006. Moreover, experience in the implementation of the new criminal legislation has offered arguments for its revision resulting in adoption of the amendments to the Criminal Procedure Code and Criminal Code. In terms of reframing of the strategy for the reform of judiciary (adopted back in 2000), the Ministry has presented in June 2006 its revised version. The revised strategy, in its proposed form, sets out priorities for the next stage of the judiciary reform process and its adoption is expected in the first half of 2007.
A set of other strategic documents has been adopted in the last year addressing issues such as corruption and organized crime. A program of fight against organized crime and corruption and the related action plan[2] have been adopted by the Government, following requirements of the Council of Europe membership and demands of the European Union and civil sector in Montenegro. Mentioned Action plan defines concrete anti-corruption activities to be performed by all relevant stakeholders as well as the related deadlines and indicators that would enable successful monitoring of the quality of its implementation. Government has appointed on February 15, 2007, a special National Commission with the task to oversee implementation of the mentioned Action plan.
However, corruption remains an issue that still deserves special attention. Capacities of the civil sector to monitor and advocate for changes have increased but still need to be further built as to enable greater transparency of the public sector. After a long time of bringing the Law on Free Access to Information in accordance with relevant international standards, it has been adopted in November 2005, offering space for a broad set of activities on its implementation. Also, Law amending the Law on political party financing has been adopted in May 2006, provoking reaction of certain interested NGOs in terms of questioning its legitimacy as it creates conditions for inequality in allocation of election related budgets.
Progress Report July 2005/February 2007
Foundation has been heavily involved, over the previous period, in the debate on the new Constitution offering forum for the civil society to exchange views on the future constitutional constellation with relevant governmental representatives and members of the Commission in charge of drafting the Constitution. Moreover, Foundation's efforts in the previous period were invested in advocacy toward improved constitutional positioning of judiciary and strengthening the independence of the judiciary. With FOSI's support, relevant proposal - articulating the ways in which reform of the current system of judicial appointments may be performed and better criteria for professional/objective selection of the most skilled candidates introduced - has been prepared and shared with the relevant parliamentary commission in charge of drafting the Constitution. Mentioned proposal will also suggest a mechanism of control through a right of appeal which may be an additional guarantee for the impartiality of the appointment process. This initiative might result in substantively better system of control in the appointment procedure and might, as such, represent a sort of break through result. In relation to the constitutional status of judiciary, a public debate voicing needs and expectations (on the side of judiciary) in regard to the new Constitution, has been facilitated under the auspices of the Foundation.
Furthermore, in terms of the mentioned constitutional reform and new competencies of the Constitutional Court stemming from it, FOSI ROM has sponsored a project aimed at bringing together relevant representatives of the Constitutional Courts from the region (Slovenia, Croatia and Montenegro) and exchange of relevant experience on the role and jurisdiction of the Constitutional Court in regard to procedural requirements posed by the implementation of the mentioned international standards.
In the previous period significant activities took place in regard to the preparation of relevant Montenegrin institutions for the challenges stemming from the implementation of the international standards in regard to human rights protection. This primarily refers to the European Convention on Human Rights where seminars of the NGO "Center for Democracy and Human Rights" have been sponsored continuously offering solid knowledge to the judiciary representatives on the basics of the ECHR as a protection mechanism and pointing out, frequently, certain legislative ambiguities and need for legislative interventions reflected in the recent amendments made to the Criminal and Criminal Procedure Code.
Last stages of the implementation of the Legal Clinics project have been finalized in the second half of 2005, bringing several years of our Foundation's support to this project to an end. The project has been recognized by the Law Faculty as an important mechanism for the improvement of the teaching practice and has found its way into the official curriculum. The Center for Legal Clinics continues its work as an inseparable part of the Law Faculty's practice. Legal education activities were complemented by FOSI ROM sponsored debate, carried out in cooperation with the relevant students' forum of the Law Faculty, on critical points in the criminal legislation implementation such as those relating to witness protection and trafficking in human beings.
In terms of increasing the overall accountability in the political party financing sector, the Foundation has supported efforts driven by a local NGO "CEMI" and aimed at providing preconditions for the improved access to information on the money flows in the political party financing realm. For that purpose a database has been launched in May 2006, containing crucial information about the circulation of the political party related budgets. Database[3] has already become an important resource for the journalists as it offers information related to the position and earnings of public officials and on relevant public procurement procedures. In the course of last year CEMI also had extensive activity aimed at advocating for the change of legislative intervention made on May 26, 2005 with the adoption of the Law amending the Law on political party financing[4] which has introduced inequality in the distribution of the state budget (allocated for the political parties) between certain categories of political parties. Following CEMI's initiative (submitted in partnership with the State Agency for Anti - Corruption Initiative), the Constitutional Court has proclaimed related provisions of the mentioned Law unconstitutional in June 2006.
Great efforts went previously toward promotion of the recently adopted Law on Free Access to Information and empowering relevant institutions to effectively implement the Law. FOSI ROM worked toward raising public understanding of the opportunities offered by the introduction of the Law on Free Access to Information at a national level. Broad campaign targeting citizens in the northern part of Montenegro on the ways in which right to free access to information may be practiced has been supported in that sense, followed by publication of a Handbook on the practical procedures governing the access to information. This publication, presented to public in May 2005, has been recognized as a unique resource for journalists and wider public involved in the process of implementation of the Law on Free Access to Information. Foundation has also supported small scale litigation in cases of the denial of free access to information and it has, moreover, offered training for judiciary representatives in charge of dealing with cases in first instance[5].
In order to get certain feedback on the main challenges existing in the human and minority rights protection, FOSI ROM has co-organized a high level international conference titled: "Human Rights in an independent Montenegro: The Challenges", together with the International Helsinki Federation for Human Rights and Montenegrin Helsinki Committee for Human Rights. The purpose of this public debate was to investigate possible further courses of action in regard to human rights promotion in Montenegro in general and, more specifically, provision of compliance of Montenegrin legislation and practice with the international standards of human rights protection. More importantly, for the first time in the recent history of Montenegro, the issues of lustration and transitional justice have been raised, which Governments hardly show readiness to address. Issues such as capacity of Montenegrin judiciary to effectively deal with human rights as well as the reform of relevant institutions dealing with the human rights at a national level were also tackled. Participation and role of the civil society as an important advocacy subject in the improvement of human rights, has also been considered.
Strategic Goals for the period April 2007 - 2009
In the light of the issues mentioned in the progress report, the working group[6] set up by the Foundation's Board with the aim to consider main goals and courses of action in the Law Program, has agreed to invest Foundation's efforts in the Law Program during the forthcoming period toward:
Program Priorities for the period 2007 - 2009
Human Rights
As the new post referendum reality and the EU integration process call for increased awareness on the human and minority rights, the Foundation intends to work further in order to mobilize NGO sector toward improved human rights protection in Montenegro and increase capacities of NGO representatives to effectively address human rights. Namely, until recent independence of Montenegro, major human rights related reports of international organizations often referred to Serbia and Montenegro as a state union, without specific reference to Montenegro. On the other hand, human rights NGOs at a national level prepared sporadic human rights reports covering only a narrow scope of rights that depended primarily on their capacities and their professional interest. With the recent independence, the need has emerged for Montenegrin human rights organizations and activists to adapt to the need for systematic monitoring and reporting on human rights situation at a national level.
The practice of human rights protection seems to imply that the most frequent breaches occur in the course of proceedings (administrative or court), mainly due to the lack of capacities in state administration and judiciary, but also due to the fact that sometimes correct legal provisions are not adequately translated into practice. The breaches, therefore, result from both legislative and procedural shortcomings.
The Foundation will, in that sense, take on the challenge of a long term capacity building for NGOs that are interested in performing systematic monitoring, documentation and advocacy in regard to an array of key human rights issues.
After capacity building needs have been identified, a set of trainings would tentatively be offered to certain organizations expected to oversee the quality of implementation of relevant international human rights standards nationally (primarily the European Convention on Human Rights) and report on the findings/ make recommendations to relevant policy makers on the ways in which overall human rights protection may be improved. This intended extensive training on the modalities of the human rights monitoring (including choice of methodology, formulation of the monitoring objectives and identification of research issues/questions/techniques) would be coordinated and managed by the Foundation.
After relevant capacity building takes place, Foundation would continue developing relevant advocacy skills of the selected organizations so as to additionally profile them for a relevant policy influence in the human rights realm.
Foundation assumes matching funds/contribution and expert support from the HRGGP in all phases of the project development and implementation - given the expertise of the network in human rights issues and history of partnering with different human rights organizations and watch groups.
In the framework of its human rights related plans, Foundation intends to continue with its previous activities in regard to building capacities of the judiciary and NGO representatives to deal with practical aspects of the human rights protection. Bearing in mind the fact that domestic courts' judgments rarely invoke the practice of the European Court of Human Rights (in the sense of the principle of subsidiary), it remains important to continue with this capacity building for the relevant judiciary representatives. In terms of concrete outcomes of this Foundation's activity, it may be emphasized that judges who were beneficiaries of the trainings have often been pioneers in invoking ECHR in their judgments, while some of the seminars suggested legislative interventions made through recent amendments of the criminal legislation[7].
Minority Rights
Polls taken so far state that there is a solid interethnic accord in Montenegro and that there are no severe breaches of international standards in this field. However, reality indicates low representation of minorities in certain sectors of public life which requires further attention and calls for affirmative action in this regard. In a situation when there still exists no anti-discrimination legislation in Montenegro and where an extensive debate is in place on certain disputable provisions of the Law on Rights and Freedoms of Minorities, it seems that a whole new spectrum of possibilities opens for the Foundation as there is a need to provide substantive answer to the in country specific issues related to minority rights. There is an opportunity to address the need for increased collaboration among different stakeholders, enhancing the capacities of different minority civil groups to represent interests of their communities at the policy level and for identifying and voicing good minority rights related practices regionally.
Due to specific relevance of the minority rights in the Montenegrin context (as previously mentioned), Foundation intends to initiate a project "Minority Rights in Practice" as a two-year project, in cooperation with the King Baudouin Foundation from Brussels. Project is intended to be an entry point for further Foundation's work toward raising governmental awareness on the need to work further on the development of more sensitive minority related policies as well as on the need to adopt relevant anti-discrimination legislation.
The project, to be implemented by a four member coalition of NGOs[8], is supposed to combine educational programs and public campaign initiatives (targeting minority and majority population) with continuous monitoring and review of the national legislation governing minority issues. Raising awareness on the need to develop legal framework and policy mechanisms for implementation of minority education also makes part of the intended project which is expected to provide valuable inputs into consistent work on minority issues in practice (at a municipal, regional and national level).
The project is supposed to shed more light on the extent of potential discrimination against minorities and it may offer grounds for future action toward more concrete and systematic monitoring of the discrimination cases and instigation of the court procedures where applicable. Partners in the MRP Project will also be made part of the capacity building scheme proposed by the Foundation in the human rights section of the strategy.
Anti - Corruption/Accountability
Based on the results of the project "Monitoring of the Political Party Financing", carried out in continuity over past few years, in cooperation with the NGO "Center for Monitoring" and with financial participation of the HRGGP, Foundation intends to continue its efforts in regard to further building of transparency in political party financing system. The intention is to continue partnership with "Center for Monitoring" for the purpose of reaching improved regulatory framework in the campaign financing realm but also with the aim to provide consequently extensive advocacy targeted toward enforcement institutions and legislative bodies. Foundation intends also to work on wider dissemination of the monitoring results primarily by means of database that has been produced by "CEMI" in the previous two years and that will be further used for the continuous oversight and adjusted to the findings of the current evaluation of the previous stages of the project implementation. Foundation will also invest certain resources into possible submission of complaints i.e. litigation with the relevant institutions whereas the Center for Monitoring already submitted proofs for certain alleged campaign financing related misbehaviors to the Montenegrin state prosecutor. Possible exchange of experiences among relevant civil sector representatives dealing with the issue, might also be considered for support.
In the field of the free access to information promotion, a lot of activities have been sponsored previously that have raised awareness on the Law on free Access to Information - its opportunities and limitations. As practice implies, certain regulations of the Law are currently seen as a serious obstacle for its successful implementation and, as such, need to be remodeled. Based on the results of a legal analysis of the Montenegrin Law on Free Access to Information, undertaken currently by the local watchdog group "MANS", the Foundation will support initiative aimed at amending the Law that is currently on force. After eventual amendments, the monitoring and advocacy activities in this realm will be additionally tested, revised and adapted to the new framework, so as to allow ultimately shift of the primary monitoring entity from non-governmental organizations to citizens. The project would be led by NGO "MANS" and NGO "Association of Young Journalists of Montenegro" (originally coordinating the working group that has drafted the Law currently on force).
In partnership with "MANS" and "Association of Young Journalists" Foundation also intends to support activities that would ultimately lead toward adoption of the State Secret Act. Namely, State Secret Act, as seems from practice, needs to be in place in order to guarantee full implementation of the Law on Free Access to Information - currently burdened by a set of exceptions that are limiting the scope and extent of the access to information.
Depending on the interest of the HRGGP, matching funds would be expected for both of the above mentioned anti-corruption related activities.
Budget (in USD):
[1] Commission Staff Working document: Montenegro 2006 Progress Report (of November 8, 2006) and Council Decision on the principles, priorities and conditions contained in the European Partnership with Montenegro of January 17, 2007 [2] Program has been adopted by the Government of Montenegro on July 28, 2005 while the related Action plan was adopted in August 2006 [3] http://www.transparentnost.cg.yu/Pretraga/Kampanje.php [4] Adopted back in March 24, 2004 [5] This primarily refers to the Administrative Court which has e.g. reached a break through decision, refusing the denial of access to information held by the State Agency for National Security. [6] Consisting of Foundation's Board members and human rights activists/legal experts. [7] These interventions are e.g. reflected in legal provisions governing the duration of police detention and obligation of judges to grant to attorneys direct contact with the prisoners at all stages of the procedure. [8] Center for Democracy and Human Rights - CEDEM, Centre for Human and Minority Rights, Nansen Dialogue Centre - Podgorica and NGO "Ask".
PUBLIC ADMINISTRATION AND LOCAL GOVERNMENT
Context
During the period 2003 - 2006 main emphasis in public administration and local government reform was on the adoption of the new legislation based on EU standards. However, the process is still incomplete and all necessary laws have not yet come into force, e.g. Law on Local Elections. The phase of setting the legislation and EU standards in place was followed by the implementation phase, targeting issuing of by-law acts and implementation of new rules and procedures. After obtaining independence in 2006, the state gained more competences, devolved from the former State Union, e.g. defense, foreign affairs and human rights protections. More competences demand the establishment of new institutions and adoption and implementation of new policies in these areas.
Since 2003, seven municipalities held extraordinary local elections. After the regular local elections in the rest of 14 municipalities in 2006 all local governments are obliged to fully implement legal provisions as well as to reorganize their functioning according to the new legislation and EU standards. However, civil servants have not yet fully developed the capacity and skills to improve the quality of the services delivered to citizens, which is main principle derived from the Law. Therefore, strengthening the legislative and institutional capacity of public/local administration in Montenegro as well as increasing its transparency and accountability still remains the main challenge in next years.
New legal framework has also brought some new responsibilities to the Ministry of Justice regarding overview of reform implementation and consultancy. The Ministry prepared the work program for better local government in cooperation with the Union of Montenegrin Municipalities and the Council of Europe, aimed to support decentralization processes and to increase efficiency, transparency and accountability of local authorities. However, implementation of the plan is quite slow.
The principle of direct election of mayors and equal opportunities for political parties, coalitions and groups of citizens to appoint their candidates together with citizens' initiatives provide an opportunity for a more active role of the civil sector in local affairs. But when it comes to implementation it is very difficult to achieve full participation of the civil sector in addressing issues at the local level.
Administrative capacities of central institutions have been slightly upgraded but public administration still lacks substantial knowledge and developed skills to address the issues ensuing from new legislation and European practices. In order to institutionalize implementation of new EU standards, like promotion of civil servants based on objective criteria and to ensure their continuous professional development, the Agency for Human Resources have been established.
Process of devolving competences and responsibilities from central to local level is expected to give more power and independence to local authorities. However, positive legislation has not yet been fully brought in compliance with the umbrella laws, which causes overlapping of activities, waste of time and resources. Clear division of competences and responsibilities between central and local authorities is still missing in some very important areas, e.g. urban planning, traffic etc.
One of the most important provisions in a new legislation is related to increased transparency of the processes of preparation, adoption and implementation of bylaw acts and local budget. It is expected to enables the citizens to better understand and participate in the decision-making processes on the local level as well as to enable their better insight in municipal revenues and expenditures. However, in practice, procedures are not yet fully developed and applied in the proper manner.
Progress Report July 2004/September 2005
In 2006 the Foundation has supported numerous activities in the field of public administration and local government reform. Particular attention has been given to analyzing the competences and local government functioning in order to identify gaps and areas of mixed competences. The Foundation also organized and funded various trainings for civil servants aimed to strengthen their abilities to comply with new legislative provisions and to gain knowledge on EU standards. Significant efforts have also been invested in transparency of the reform process and development of constructive working relations between civil sector and public/local institutions.
In 2006 the Foundation has supported numerous activities in the field of public administration and local government reform. Particular attention has been given to analyzing the competences and local government functioning in order to identify gaps and areas of mixed competences. The Foundation also organized and funded various trainings for civil servants aimed to strengthen their abilities to comply with new legislative provisions and to gain knowledge on EU standards. Significant efforts have also been invested in transparency of the reform process and development of constructive working relations between civil sector and public/local institutions.
Public Administration Capacity Development
The Foundation has supported conducting of two public opinion polls in Montenegro that have provided detailed analysis of results and trends and been presented to the public. The surveys cover judiciary, education and local government reforms. The Foundation is using the results to get a clearer insight into the current situation in these fields, which make its strategic priorities, and set the path for its actions in supporting these vital reforms.
The Foundation continued its strategic partnerships with other institutions implementing the public administration reform. The most important engagement was related to Capacity Development Program (CDP), a joint initiative of the Foundation, Government of Montenegro and UNDP, which was established in 2003. The principal objective of the initial 18-month phase of CDP was to contribute to successful reform and development of state administration in Montenegro. CDP was seen as a ‘pilot' program (with an initial budget of US$550,000, out of which US$ 250,000 came from the Foundation's and the LGI matching funds) designed to respond flexibly to immediate needs by filling critical capacity gaps in three ministries, selected by the Government itself (International Economic Relations and European Integration; Education; and Justice). In late 2004 an independent mid-term evaluation was made to measure and track performance. The review found that CDP has demonstrated outstanding results and it offers a proven platform for future expansion. The Foundation has supported conducting of two public opinion polls in Montenegro that have provided detailed analysis of results and trends and been presented to the public. The surveys cover judiciary, education and local government reforms. The Foundation is using the results to get a clearer insight into the current situation in these fields, which make its strategic priorities, and set the path for its actions in supporting these vital reforms.
The Foundation continued its strategic partnerships with other institutions implementing the public administration reform. The most important engagement was related to Capacity Development Program (CDP), a joint initiative of the Foundation, Government of Montenegro and UNDP, which was established in 2003. The principal objective of the initial 18-month phase of CDP was to contribute to successful reform and development of state administration in Montenegro. CDP was seen as a ‘pilot' program (with an initial budget of US$550,000, out of which US$ 250,000 came from the Foundation's and the LGI matching funds) designed to respond flexibly to immediate needs by filling critical capacity gaps in three ministries, selected by the Government itself (International Economic Relations and European Integration; Education; and Justice). In late 2004 an independent mid-term evaluation was made to measure and track performance. The review found that CDP has demonstrated outstanding results and it offers a proven platform for future expansion[1].
Following recommendations of the review, the first phase of CDP was then extended until July 2006 and its activities were substantially broadened to include a number of additional beneficiaries and activities in the following areas:
Local Governments Institution Building
The Foundation invested significant efforts and funds in following educational and research activities in 2005:
Trainings for Local Government Employees in Managing EU Funded Projects improved knowledge of local government employees on EU funds as well as on developing and managing EU funded projects. Lecturers and trainers were trained within the seminar "Training for Trainers in Managing EU Funded Projects".
Capacity strengthening of the (newly elected) Local Government of Niksic raised the level and quality of municipality services provided to citizens. The project implied preparation of new organizational and functional framework as well as training on local government reform process and implementation of legislation on local governance.
Study of Local Government Functioning analyzed the level of implementation of the Law on Local Self Government, performance based on genuine competences and devolved responsibilities, way of operation of local bodies, level of citizens' participation in decision making and quality of cooperation among local authorities, civil sector and state bodies. The Study also proposed measures for overcoming the problems detected.
Study of Competences/Responsibilities of Local Government provided detailed analysis of local government legislative framework and points to possible internal inconsistencies and the need for further decentralization and legislative changes. The Study brought an overview of the current status and proposes the measures for decentralization, i.e. devolving competences from the state to the local level to enable clear definition of the scope of competences and set clear standards for service provision.
Communication Skills Seminar for the Staff of the Citizen Bureau Kotor and exchange of experiences with the colleagues from Pljevlja municipality served to improve the quality of services the local government provides to citizens and facilitate citizens' to exercise their rights and fulfill their obligations.
Exchange of Best Practices in Local Government Performance increased the efficiency of local governments in Montenegro through sharing best practices on addressing issues on local level e.g. issuing building permits, licenses for entrepreneurship, collection of local revenues and local government administrative supervision over public enterprises' performance. This project also fostered better communication between municipalities.
NGO/local government cooperation
Training of Trainers in Managing EU Funded Projects helped NGO activists and representatives of the Ministry for International Economic Relations and European Integrations to improve knowledge on EU funds and managing of EU funded projects as well as training methodology. As a follow up, participants disseminated acquired knowledge on Trainings for Local Government Employees in Managing EU Funded Projects.
Civil Dialogue as Means of Reaching Efficient Local Government provided women activists of NGOs the training in efficient communication with local authorities in order to increase citizens' awareness on the need to participate in democratic processes and to stimulate government institutions to consider priorities and needs of men and women equally.
Gender Equality in the Process of EU Integration provided information to women activists of NGOs and employees in government institutions on positions and guidelines of the European Union on gender equality. The participants were also informed on regional EONET project conducted in Montenegro by the Foundation and OSI-New York, a comparative analysis of Montenegro and EU legal provisions and their implementation regarding economic status of women.
School of Democratic Leadership, 4th Generation provided knowledge and skills for young policy makers on reform processes in Montenegro, structure and standards of EU as well as gender equality. The Seminar on Principles of Decentralization in Accordance with European Practice introduced the participants to the main principles of decentralization deriving from local governance related legislation and the EU provisions in this domain. The Seminar on the Process of European Integrations offered information on EU structures and procedures as well as SA process in Montenegro. Gender Equality in the Process of EU integrations acquainted the participants with gender aspects of EU integrations, EU provisions on equal opportunities for men and women and the OSI Network EONET project (Equal Opportunities Network in South East Europe).
Local government in European integrations helped to local government employees understand the EU integration processes and to accept European standards, thereby facilitating the integration processes in Montenegro.
Political Parties in European Integrations acquainted political parties' representatives with all important documents, standards and processes necessary for SA process in Montenegro and pointed to the need that all political subjects jointly act to accelerate this processes. The Foundation also supported procurement of reference books in order to help enhance and advance student knowledge on public administration and European studies. This also contributed to the generation of capable and skillful experts, future agents of reform processes and the SA process.
Professional discussions: Montenegro and EU stemmed from the endeavors to inform the public thoroughly and in a timely manner on European integrations and their impact on diverse aspects of life in Montenegro e.g. local economy, agriculture, social policy, environment, and protection of human rights.
Strategic Priorities in 2007-2009
The Foundation will continue with its support to public administration/local government reform processes to create better conditions for the implementation of new legislation. Special attention will be placed on building the capacities of civil servants, both in PA and LG, as well as cooperation and coordination among NGOs, state institutions and citizens, in order to secure the involvement of all stakeholders in the reform process:
Program Priorities in 2007-2009
Public Administration Capacity Development
The Foundation will continue to actively contribute to development of a new phase of the Program through membership in the Capacity Development Program' Steering Committee, Executive Committee and Advisory Group, but will not provide financial support.
The envisaged second phase of the CDP (2006-2009) - to be approved by the Government after the general elections - will provide even more scope for the pragmatism and flexibility that were so much praised by reviewers of the First Phase.
Management of the program will strive to combine a high degree of flexibility in the choice of activities -activities in which the government itself participates, on the basis of adequate knowledge and realistic expectations - with the clear result-based framework and earmarking of funds. It is expected that future applications for support from CDP will be assessed according to their potential contribution to resolution of the following challenges:
Besides CDP, the Foundation will continue to strengthen relevant state institutions to implement new legislation according to the European standards and best practices, by increasing the capacity and skills of civil servants. Planned seminars and trainings for civil servants and publishing/dissemination the rules of procedures will increase understanding of the legislative changes and facilitate their performance.
The Foundation will continue its support to public surveys and transparency of reform in this area in the forthcoming period. We will also support publishing of leaflets and handbooks, to provide information about citizens' rights to timely and proper service and to achieve better understanding of the reform processes.
We intend to continue with assistance to educational programs on public administration as well as institutional development of the recently established state Agency for Human Resources.
Local Government Institution Building
The Foundation will continue to support public opinion surveys on the level of implementation of new decentralization-related legislation and its impact on the efficiency and effectiveness of local governments. The results will serve as a basis for the Foundation to develop plans for capacity development of local authorities to implement best practices and achieve EU standards in their performance.
Following the recommendations from the Studies of Local Government' Functioning and Competences/Responsibilities, the Foundation will support an advocacy campaign to bring positive legislation into compliance with the Law on Local Self Government, to introduce EU standards in this field, to devolve competences from the state to the local level, to enable clear definition of the scope of competences and to set clear standards for service provision.
For the purpose of increasing transparency and accountability of local governments' operation, the Foundation will support trainings for civil servants and information dissemination for citizens on the procedures to obtain licenses, prepare transparent budgetary plans, urban planning, etc.
We will also provide support and training to local governments aimed to strengthen their skills to respond to the citizens' needs. We intend to organize trainings for local civil servants which will enable faster and easier information flow, timely handling of the requests submitted by the citizens, etc.
In order to foster horizontal communication and cooperation between municipalities the Foundation will continue support to the exchange of ideas, strengthening of cooperation between municipalities, and will facilitate sharing of best practices and lessons learned in local government operation through organizing round tables on topics important for the local government performance.
NGO/Local Government Cooperation
The primary component of this part of the program is continuation of the School for democratic leadership. Having in mind the importance of the role of local level policy makers, our program for young political leaders acting on local level, will be continued in the forthcoming period through trainings on decentralization, new legislation, gender equity and implementation of EU standards at the local level.
The Foundation will follow these activities with support to programs that provide better communication and collaboration between civil sector and local authorities through stimulation of joint projects of common interest. The focus will be on sharing best practices in civil sector participation in local affairs and joint LG/NGO initiatives for addressing common issues on local level.
Cooperation with other donors
The Foundation will continue cooperation with other international donors or project implementing institutions acting in Montenegro (European Agency for Reconstruction and Development, Council of Europe, UNDP, OSCE, USAID agencies, etc.).
Budget (in USD):
[1] Review of the Capacity Development Program of the Republic of Montenegro, Richard Flaman 2004
Context
Montenegro' successful organization of the referendum on the constitutional status in May 2006 and the subsequent international recognition and membership in international organizatons have definitely marked the recent period, at the same time enabling the shift of focus to new prioirty areas. In the context of the new state, its competencies and policies, the issues related to the position of women are, and likely to remain, highlighted. This refers to women rights as part of the overall issue of human rights' protection, and especially to gender mainstreaming in the the light of European integrations. The forthcoming developments and processes in the course of Montenegro's association to the EU need to include the gender dimension and an effort to harmonize the domestic situation with the EU standards, regulations, recommendations and practices in this field.
This direction is at the core of the WP strategic approach, aiming to ensure that the gender aspect is incorporated in all relevant domains, that activities to this end are supported and the stakeholders empowered. WP therefore intends to continue its support to implementing projects, monitoring the quality of implementation, advocacy and development of recommendations for improvement, capacity development, as well as investing further efforts in partnerships, coordination and cooperation in the field.
One of the key new developments announced earlier in this field was the development of the National Plan of Action for Women, supported by UNDP and UNIFEM, coordinated by the Governmental Gender Equality Office and involving active participation of 10 WNGOs. However, this document has still not been submitted to the Government, and neither has the expected Draft Law on Gender Equality. It is expected that these documents will provide additional impetus to the activities related to implementation and monitoring of their implementation. As this task was originally envisaged for 2006, it remains to be performed after the adoption of the two documents.
Progress Update September 2005-September 2006
In 2005/6 FOSI ROM Women's Program has been implemented through two components titled Gender Integration and Gender and Education, with special emphasis on securing the sustainability of the projects that WP developed and supported in the previous years. Therefore, the key themes in this period have been fostering the integration of gender issues, especially in the course of the EU integration processes, and enhancing the efforts related to education, research, information, cooperation in the field. In line with the situation assessment and definition of strategic priorities for the period 2006 and beyond, WP no longer contains the program component on the prevention of violence, which is at this stage present through the monitoring activities of VAW Monitors. The Foundation has been involved in coordinating the participation of Montenegro in the SEE EONET project and has provided continued support to the work of National STOP VAW Monitors.
The Gender Integration component has included two main lines of activities - those related to the issue of Roma women and those related to promoting gender issues in the light of EU integration processes.
Gender Equality in the EU integration processes, a project implemented in 2005 by the Foundation, was an in-house initiative supported through WP and European Program. The project comprised a seminar for women activists from NGOs and women employed in government institutions to make them familiar with views and guidelines of the European Union on gender equality. Participants also received information about the regional EONET project, a comparative analysis of domestic legislation and EU directives relating to women's economic status and analysis of law enforcement, conducted by the Foundation within the regional initiative. The experience of Slovenia and the Czech Republic were presented by experts in gender equality in the process of EU association from these countries. The seminar also included a workshop for drafting a plan for the promotion of gender equality within the EU integration processes. The seminar tied into the preceding efforts to raise the awareness on gender equality issues and the EU legal provisions in this area, increase the capacity of WNGOs and provide resources, such as translations of relevant EU and Council of Europe papers.
Roma Women's Initiative Virginity Project was prepared with the assistance of OSI-New York Women's Network Program and implemented by the NGO Center for Roma Initiative from Niksic. In Spring 2006, a team of Center activists carried out a survey among Roma population on traditional entry into marriage and the customs and attitudes existing among young men, young women and their families. The survey was conducted in seven towns in Montenegro and resulted in a bilingual publication titled Virginity Does (Not) Determine Whether a Roma Girl is Worthy or Not, which includes the questionnaire formats used in the survey, summaries of the response received and comments on the results. The survey is available at www.osim.cg.yu.
Guided by its commitment to raising the awareness on gender issues and relevant EU standards, the Foundation provided support to the 7th International Women's Trade Union School of the Women's Network of the International Confederation of Free Trade Unions, organized by the Association of Employed Women "Woman Today". This international event, which is to gather around 150 women trade union activists from around thirty countries, will take place in Montenegro in August 2006. The International Trade Union School, which is one of the activities of the Women's Committee of the International Confederation of Free Trade Unions, deals with labor and social rights of women and employs gender and social standards of the EU and the Council of Europe as key guidelines in its work. It is precisely this focus on observing the standards that ties into all of the earlier efforts related to the issues and mechanisms of gender equality in the EU integration process, such as translation of EU and CoE documents, building the capacity and knowledge among local NGOs, implementation of the EONET project to get a picture on the compliance of domestic legislation with the EU provisions on equal opportunities for women and men in the field of labor law. Traditionally, a declaration is passed at these gatherings, which promotes the relevant gender issues and serves as a starting point for encouraging the social dialogue and for establishing gender-sensitive policies.
The Foundation has continued with the support to the National STOPVAW Monitors - a joint project of OSI - Budapest, Minnesota Human Rights Advocates and UNIFEM, implemented at the national level by the NGO SOS Line for Women and Children Victims of Violence, Podgorica. The website Stop Violence Against Women - STOP VAW (www.stopvaw.org), serves to exchange information and provide tools for advocacy and initiating actions to prevent violence against women. Although violence against women was eliminated as a component of the WP strategy for this period, it was assessed that it would be necessary to continue supporting this line of activity: the two national monitors have shown outstanding performance and commitment to the project, one of them recently became member of the Project Steering Committee, and their activities have been linked with the activities of the NGO ANIMA, resulting in regular STOP VAW presentation via the INDOC center run by ANIMA. For 2006, the Foundation granted support to the work of the two national monitors, activities aiming to present STOP VAW to Montenegrin women NGOs and the domestic public, and the publication and presentation of the monitors' reports. The support was granted partly through WP and partly from the Law Program component related to introducing new criminal legislation, bearing in mind that domestic violence is defined as a criminal offence in the new criminal legislation. In addition, the Foundation also funded the travel expenses for one of the national monitors to attend the annual meeting and the Steering Committee meeting held in Budapest.
Within the Gender and Education component, WP continued its support to the two key projects in this area that were also supported in the previous year - INDOC and Women Studies, both implemented by the longstanding WP partner NGO ANIMA - Centre for Women's and Peace Studies, Kotor ( www.zinecanima.cg.yu) and traditionally co-funded by the Swedish donor organization Kvinna till Kvinna. INDOC 2006 - Information and documentation program is devoted to documentation, information and research into the position and role of women, and its activities for 2006 are: continuation of the establishment of the data base, updating the women's NGO group guide, publication of Pressjek (analysis of articles in the press relating to women), publication of the magazine ZINEC (texts in feminist theory and Montenegrin practice), supplementing the documentation, updating the web page, active participation in REWIND NET (international network of information and documentation centres) and educational workshops. The novelties for 2006 include regular media monitoring and establishing the electronic magazine aimed at extending cooperation and having better information for women NGOs in Montenegro, as well as making a link with the STOP VAW activities.
Women Studies Program, as an interdisciplinary program unique in Montenegro, has been supported from its initiation at an experimental stage in 2002. Apart from education on feminist theory and practice, the program implies the involvement of students in the local community and work within the NGO Anima, initiating peace activism and other women-related issues in meetings, seminars, lectures, workshops, actions, discussion groups and research. The topics for the 2006 generation included: basic concepts in feminism; language, gender and literature and women; women and peace movement; social construction of identity; women and law; women, globalization, transition; women and democratic culture; women and the media; women and violence; European integrations and perspectives.
In addition, NGO ANIMA has been granted support through the East East program, to organize a regional conference of Women Studies Centers in August 2006 in Montenegro. The conference is a step towards more efficient cooperation and networking of these centers in the region and is also sponsored by the Swedish organization Kvinna till Kvinna.
WP supported the printing of the Publication on the Use of Gender-sensitive Language, developed by the Gender Equality Office of the Government of Montenegro. The publication gathered the presentations given by experts from Montenegro, Serbia and Norway and activists of local NGOs during the round table discussion entitled "The Use of Gender-Sensitive Language", held in February 2006 and organized by the Gender Equality Office. The papers published within this project are based on the recommendation of the Council of Europe to the governments of Member States to adopt measures on the introduction of the language which respects the participation, the status and the role of women in a society.
The Study on Gender Stereotypes in Textbooks supported by the Foundation in 2003 provoked a lot of interest and resulted in a need to make the study methodology and results available in English as well. The Foundation therefore financed the translation of this publication as an in-house project. The publication was highlighted when the NGO Women's Action from Montenegro received a grant from OSI Budapest - they are currently coordinating a regional project related to analysis of gender stereotypes in elementary school textbooks and classroom practice. The findings from this project are expected to enable further activities on gender policies in education.
Within WP, support was also provided for the purpose of media promotion of the Celebration of International 16 Days Campaign. The "16 Days Campaign against Violence against Women" was implemented from November 25 to December 10, coordinated by the Government of Montenegro Office for Gender Equality.
SEE EONET (SEE Equal Opportunities Network), a regional project financed by the OSI-New York Women's Network Program has been finalized in 2006, with the completion of country overviews and reports. The project included comparative analysis of relevant Montenegrin laws and EU directives on equal opportunities for men and women, and was presented in the European Parliament in May 2006. The Overview: On the Road to the EU has been disseminated and is to be presented, together with the country report, at workshops and similar events, for the purpose of better promotion of gender aspect of EU integrations.
WP has particularly been focused on promoting the awareness and integration of gender issues in the course of European integration processes. Bearing in mind the overall existing consensus on the desirability of these processes, as well as the strategic commitment of the Foundation to strengthening the role of the civil society in this area, the WP focus remains valid for the forthcoming period as well. This is a task that necessarily includes further efforts on capacity building and advocacy for and monitoring of the ways and mechanisms to foster incorporation of gender issues in all relevant fields, and primarily in the field of education and EU integration processes.
The Foundation will support and monitor implementation of the National Action Plan for Women and Law on Gender Equality, once they are adopted. Cooperation with other Foundation programs through cross-sector projects remains an important feature of the WP, as well as effective coordination with the activities of other donors in the field and a flexible approach as to the practicalities of joining efforts and providing efficient response to actual needs.
In accordance with the above, WP will continue working along the two existing lines of activity of Gender Integration and Gender& Education. In doing so, WP will rely on the impact achieved through sustainable development of the projects that have been supported and enhanced over the years. It will also continue to identify and pursue new opportunities for mobilization and capacity building of WNGOs to take an active role in the areas such as integration processes, development of gender sensitive approaches, and equal opportunities.
Program Priorities in 2007-2009
Gender and Education
In 2007 and beyond, FOSI intends to continue its already longstanding and quality partnership with the NGO Anima from Kotor and support, together with other donors, the alternative courses of women studies run by this NGO. The East East and Kvinna till Kvinna supported event - Regional Conference of Women Studies Programs, to be held in August in Montenegro - should provide good grounds for enhancing and intensifying the regional dimension of this activity, which WP intends to support.
The project titled "Gender sensitive textbooks and classroom practice in the Balkan region", coordinated by the local NGO Women's Action, should provide valuable input on the stereotypes and issues to be addressed locally, as well as indicate a link to the activities within education reform, particularly in terms of the need for gender sensitivity in textbooks and raising awareness of school teachers about gender issues.
In addition, WP will continue its support to other quality educational projects in the field. Based on the recommendations of the feasibility study carried out earlier and in line with the long-term commitment to building the civil sector capacity, FOSI ROM Women's Program intends to continue the support to the Information and Documentation Center with the aim to enhance its role. This implies strengthening the existing and development of new fucntions of INDOC in terms of its policy and advocacy involvement on the antional level, as well as its networking and other contacts with the region and the world.
Gender and Integration
Altough there are ongoing efforts and agents working on the issues of Roma inclusion, it is considered that there is a need to ensure the gender dimension to the overall context. The Foundation therefore intends to continue its support to Roma women and girls, as well as its general commitment to advocating for the promotion and protection of Roma women's human rights. The current level of empowerment and activities, such as surveys and publications conducted by teams of Roma girls and women, provide solid grounds for further activites and enhanced partnership in this area.
The 2005 survey into the knowledge of WNGOs on EU gender directives and other gender related documents and conventions indicated the need to develop the capacities and knowledge of WNGOs so they are able to advocate and monitor the developments within the integration processes. The WP remains devoted to this task, as well as to cooperation with the European Program in its realization.
Women's Program will support the activities aimed at public information on SEE EONET project, presentation of its findings and advocacy for implementing its recommendations. The adoption and implementation of the National Action Plan and the Law on Gender Equality provide grounds for developing follow up analyses, surveys and input in the area of labor rights and equal opportunities. WP intends to continue with the activities aimed at information dissemination, analysis and awareness raising in the field of labor rights, equal opportunities and forms of discrimination. The adoption and implementation of the National Action Plan and the Law on Gender Equality, among other things relevant for the context, provide grounds for developing follow up analyses, surveys, inititatives and input in this area.
Budget (in USD):
Context
According to the 2003 official census, there are 2.601 Roma living in Montenegro. Data provided in the recently prepared governmental Strategy for Refugees and Displaced person mentions that around 6.600 refugees Roma also live in Montenegro. Unofficial data quoted frequently by the NGOs, independent experts and the media, however, state otherwise, bringing often the number of Roma in Montenegro to approximately 20.000. Poverty, unemployment, lack of awareness on importance of education and insufficient public participation remain some of the major obstacles for successful integration of Roma in Montenegro.
One and a half years after the official initiation of the Decade of Roma Inclusion, a conference on the implementation of the Decade process in Montenegro has been held in July 2006 under the auspices of UNICEF and FOSI ROM. While obvious results have been achieved in the education sector, modest progress has been made in other sectors referred to in the National Action Plan for the Decade (adopted by the Government of Montenegro back in February 2005). Conference has pointed out some of the major obstacles that are being faced in the implementation of the National Action Plan for the Decade, offering at the same time possible courses of action in this regard. It has emphasized the need for more systematic and continuous monitoring and evaluation of the current and prospective governmental programs for Roma and for building existing institutional capacities to tackle Roma issues in a more substantive manner.
Public representation of Roma remains low while their access to health and other social services still remain hampered by the lack of relevant personal documentation (especially among Roma refugees and IDPs). New Law on Rights and Freedoms of Minorities (including Roma) provides a coherent framework for the effectuation of the rights of minorities pointing out (in its Art. 7) responsibility of the state to prepare a specific strategy for the minorities and define, therein, specific measures for the improvement of public participation of Roma. On the other hand, a preparation of the separate Strategy for Roma has been announced recently by the line Ministry in charge for the protection of national minorities and ethnic groups, under the auspices of the Project on Ethnic Relation. The strategy will be finalized by January 2007 and it would, most likely, offer a more comprehensive plan for assistance to Roma community in Montenegro.
Progress Update September 2005-September 2006
In the course of last year, a Roma Education Initiative Project in Montenegro, previously sponsored by FOSI ROM, has been approved by the newly inaugurated Roma Education Fund in October 2005. Foundation, however, still performed its functions stemming from the membership in the Advisory Committee, established as a supervisory body in the project implementation process, retaining thus its policy role in the conceptualization and development of the Roma education related programs.
As previously mentioned, Foundation has organized a conference, in July 2006, in partnership with UNICEF and the NGO "Roma Scholarship Foundation on the perspectives of the Decade implementation process. The Conference has shown that the biggest steps forward have been made in the education sector, as the implementation of the REI project[1] has opened the door for greater awareness on the need for improved access to educational services for Roma and to greater sensitivity in regard to their educational development. Ministry of Education and Science has made significant efforts meanwhile in terms of building capacities of teachers to meet needs of Roma children, in terms of setting monitoring mechanisms that would enable tracking achievements of the Roma pupils and in terms of increasing the percentage of children integrated in the formal system (which has increased by 15 % over the last three years). Roma Education Initiative Project, as approved last year by the Roma Education Fund will definitely assist in the implementation of the outputs posed by the national action plan but some of the issues, however, are yet to be addressed such as the drop out rate that remains high and the lack of segregated data for Roma pupils.
Recognizing the need to address the lack of personal documentation among the Roma population as a precondition for successful effectuation of all other rights, Foundation has supported a project of the local legal NGO "Center for Legal Aid" with the aim to provide necessary legal assistance to the Roma community members in two biggest Montenegrin municipalities - Podgorica and Niksic. Project offered mainly legal advice but also initiated small-scale litigation in property related matters, mainly on behalf of Roma refugees settled in Podgorica.
Since March 2006, Foundation has also been engaged in the preparation of the chapter of the EUMAP's report "Quality Access to Education for Roma" related to Montenegro and a Foundation's Roma Program Coordinator, joined by the experienced three member team, is currently working on the first draft of the report. Report will be produced by the end of the year and it will undoubtedly shed more light on the main challenges on the path to better social integration of Roma.
Strategic Priorities in 2007-2009
Program Priorities in 2007-2009
Increasing capacities of the Roma civil sector to effectively address different aspects of its public participation
Despite significant efforts invested over the past few years in upgrading of the Roma NGO sector capacities and creation of relevant advocacy groups, the skills of Roma NGO representatives to address most important issues still needs improvement. Following up to date developments in regard to the Decade process and identified need to improve overall monitoring skills of the Roma NGOs as to make them efficient guards of the Roma rights and interests, Foundation will work, together with the relevant network institutions, as to improve monitoring and advocacy skills of Roma civil sector in regard to the Decade implementation process and policy making in general. Further capacity building for relevant representatives of the coalition of Roma NGOs "Roma circle" and organizing forums for exchange of views on the possible courses of action might be some of the activities that Foundation will facilitate. Significant support is expected, however, in this program activity from the relevant OSI network institutions such as Roma Initiatives Office.
Further advocacy at a policy level for sustainable action in regard to Roma
Notwithstanding its limited financial resources, Foundation intends to further work toward policy actions that would be Roma sensitive and would increase access to education for Roma children. By its membership in the Advisory Committee of the Roma Education Initiative project, Foundation will advocate toward adoption of Roma sensitive policies that would positively affect current need for anti bias trained staff and Roma sensitive curricula. Moreover, as the EUMAP report on access to education for Roma is due January 2007, Foundation will invest its efforts in promotion and dissemination of its results, once it is finalized, as to engage different stakeholders.
Foundation deems that additional efforts are needed in terms of creation of adequate preconditions for proper effectuation of Roma rights. Foundation would, therefore, engage in provision of legal assistance for Roma community representatives that would ultimately upgrade their access to legal services. Bearing in mind that recently supported project has pointed the need for improved access to legal assistance for the Roma and bearing in mind the findings from the project reports obtained so far, Foundation would continue, now in possible cooperation with the Swedish Helsinki Committee, to provide legal assistance in documentation related matters. Foundation intends to provide wider dissemination of the project results as to involve more relevant local stake holders and advocate for eventual changes in this regard.
Budget (in USD):
[1] Carried out with financial support of FOSI ROM until October 2005
Partnership beyond Borders 2007 Strategy
East East Program - Partnership beyond Borders has always represented important resource/tool for the Foundation's overall strategy implementation ambitions. Following recent political developments and recently proclaimed Montenegrin independence, East East Program becomes a useful device for further capacity building and exchange among the existing civil society actors in Montenegro. Program also gets the opportunity to meet some of the biggest challenges of the ongoing reform/development process and overcome existing gaps in the capacities and expertise of the Montenegrin civil society sector.
European Integration process, to start with, imposes the need to tackle issues of governmental accountability and institutional response to set of social problems that are accompanying and determining the quality and extent of the integration process as such. In the past two years a number of successful NGOs appeared, involved in the EU integration issues, understanding its structural policies and their demands. Foundation deems that the East East Program may perform as a cohesion element in terms of connecting regional experiences, in areas important for the integration process, but also working toward networking of these organizations with their counterparts in Brussels. East East Program i.e. its Subprogram for the European Integration may be used in order to approach (to the local civil sector) experiences of the accession countries in promoting and advocating for relevant local policy actions required by the EU integration process.
In the context of the Montenegrin efforts toward the accession to European Union, labor law related legislation and ongoing privatization process seem to open floor for broad discussion on the current labor law regulations, particularly in its gender equality related component. Women rights and their legislative articulation becomes more actual as the labor related rights of women become inadequately translated into official regulations and consequently affect the possibility of further legal protection. The issue gains relevance and the Foundation deems that the resources of the East East program may be vested in order to promote regional experiences in this important realm.
In terms of achieving sustainable policy actions and reaching the standards of the democratic decision making it seems that further activities need to be undertaken as to upgrade the participatory process and civil engagement in the actual decision making and more recently, in discussion over how the announced IPA[1] resources will be allocated and used for certain sector policies. The need to prioritize in a corporate and participatory manner and involve different stake holders in different phases of the decision making process (local governments, university, business sector, trade union and civil society representatives) indicates East East Program as a possible source for exchange of experiences, practices and expertise on a regional level in that regard.
Last but not the least, Foundation intends to promote East East program as a tool for cross border cooperation of local governments. In a time when regional cooperation gets increased attention, the possibilities for networking among different representatives of the local governments is seen by the Foundation as a potentially successful generator of the cross border cooperation and development.
[1] Instrument for Pre-Accession Assistance
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