OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro 17. At the same time, certain aspects related to the mandate and responsibilities of the Human Rights Protector and the procedure before him/her could be enhanced or specified more clearly in the draft Law. The following sections will go into further detail in this regard. 4.2.1. The Human Rights Protector and his/her Deputies 18. Article 1 of the draft Law serves as an introduction to the Human Rights Protector. According to this provision, the Human Rights Protector protects human rights and freedoms when these are violated, takes measures to prevent torture and other forms of inhuman or degrading treatment and punishment and measures for the protection from discrimination. 19. Article 1 thus appears to imply that the Human Rights Protector is mainly focused on protecting individuals from human rights violations when they are happening or have already happened. Preventive measures may only be taken in the interests of preventing torture and inhuman or degrading treatment, or protection from discrimination, but not with regard to all potential human rights violations. This differentiation by types of human rights violations appears to run counter to the general concept of the Human Rights Protector, as well as to other provisions of the draft Law. Especially Article 23 of the draft Law, which allows the Human Rights Protector to participate in law making procedures touching on persons’ human rights and freedoms, speaks of a preventive role of the Human Rights Protector with regard to all human rights violations. It is thus recommended to clarify Article 1 by specifying that the Human Rights Protector protects individuals from all human rights violations, whether past, present or future and takes proper measures to prevent such violations from happening. 20. Furthermore, Article 1 states that the Human Rights Protector also deals with “general issues of importance to the protection and promotion of human rights” and cooperates with other human rights organizations. This formulation is unclear as it remains difficult to assess which issues are important and which are not. It is recommended to clarify and simplify this part of Article 1 by stating that the Human Rights Protector will take all necessary measures to actively protect and promote all human rights. 21. In addition to Article 1, it is noted that while the current Law on the Protector of Human Rights and Freedoms contains special provisions on the autonomy and independence of the Human Rights Protector (Article 2) and on his/her constitutionality and legality (Article 3), these provisions have been removed from the current draft Law. The principles laid down in these articles form the basis of the Human Rights Protector’s work. In particular the independence of this body is vital for its effectiveness and strength as a national human rights institution. It is thus recommended to retain Articles 2 and 3 of the current Law in the draft Law.14 14 In this context, see the Comments of the Association for the Prevention of Torture (hereinafter “APT”) on the Draft Law on Amendments to the Law on the Protector of Human Rights and Freedoms (2009) and Law on the Protector of Human Rights and Freedoms (2003) of 29 June 2009, p. 1. 10