OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro Protector. Such complaints may also be submitted to the Protector by organizations or individuals dealing with the protection of human rights, upon consent of the alleged victim of discrimination. Cases of discrimination and action taken in this regard shall be reported to the Parliament, complete with recommendations and proposals for measures to eliminate discrimination (Article 22). Reporting takes place either in a separate section of the annual report or in a separate report to the Parliament, if the Protector evaluates that this is warranted by “exceptionally important reasons”. 73. While Article 1 of the draft Law provides that the Human Rights Protector shall take measures for the protection from discrimination, the draft Law does not take into account the additional competences provided to the Protector by the Law on Prohibition of Discrimination, 26 in particular the Human Rights Protector’s special competence to review discrimination complaints against not only public authorities, but also against private bodies, or persons. This special competence needs to be mentioned in the draft Law, and special provisions on this competence’s practical results should be included in the draft Law. It is recommended to include relevant provisions in the draft Law. 74. One way to take this additional competence into account in the draft Law could be to include therein a separate section specifying that in cases qualified by the Protector as discrimination cases, the Protector may investigate complaints against public authorities, legal and natural persons. This section should specify that in such cases, the respondent legal or natural persons should have the same obligation to cooperate as public authorities do under Articles 41 and 42. Opinions of the Protector with recommendations should be submitted in the way proposed under pars 64-65 supra. In discrimination cases, respondent legal or natural persons could also submit a report on actions taken to execute the Protector’s recommendations, as required under Article 47 of the draft Law. In case of failure to do so, the Protector should be permitted to initiate court proceedings under Article 23 of the Law on Prohibition of Discrimination, upon consent of the victim of discrimination. 75. The conciliation proceedings leading to extra-judicial settlements mentioned in Article 20 par 2 of the Law on Prohibition of Discrimination should also be included in Chapter III of the draft Law. In order to enhance the efficiency of the Protector, it may be worthwhile to consider adding the power to conduct conciliation proceedings to the general competences of the Protector regarding all cases, not only cases involving discrimination complaints. It is recommended to include such conciliation proceedings in Chapter III of the draft Law, at least for discrimination cases, but ideally for all cases. 76. The additional duties related to records on discrimination cases, as well as the collection and analysis of statistics regarding such cases, should also be 26 This was already noted in previous OSCE/ODIHR comments on draft anti-discrimination legislation in Montenegro. See OSCE/ODIHR Comments on the draft Anti-Discrimination Law in Montenegro, no. NDISCR– MNG /135/2009 (TND), of 9 July 2009, par 35, as well as OSCE/ODIHR Comments on the draft Law on Prohibition of Discrimination in Montenegro, no. NDISCR– MNG/150/2010 (TND), of 27 January 2010, par 40. All OSCE/ODIHR comments and opinions may be found on the website www.legislationline.org. 21