OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro Confidentiality Article 13 The Protector and the Deputy shall be obliged to keep the confidential and personal information which they came to during the performance of their office, in accordance with the law. The obligation referred to in paragraph 1 above shall remain in force even after termination of office or dismissal. Incompatibility of office Article 14 The Protector and the Deputy may not hold representative and other public office, nor may perform other professional activity. The Protector and the Deputy may not be members or associates of political organizations, nor can take part in political activities. Limitations referred to in paragraph 1 of this Article shall not apply to scientific, educational and artistic activities, as well as the activities protected with copyright. Oath Article 15 Before taking office, the Protector and the Deputy shall take an oath that reads: "I swear to perform my duty in accordance with the Constitution and law, protect human rights and freedoms and abide by the principles of justice and fairness in exercise of my duties." The Protector shall take the oath before the Parliament, while the Deputy shall take the oath before the President of the Parliament. Replacement of the Protector Article 16 In the case of absence or impediment to perform office, the Protector shall be replaced by the Deputy designated by him. In the event of termination of office of the Protector, until the appointment of a new one, the office of the Protector shall be performed by the longest performing Deputy on this function. Termination of office Article 17 The office of Protector or Deputy shall terminate for any of the reasons below: 1) death, 2) expiration of the term of office, 3) resignation, 4) age retirement conditions have been met 5) if permanently loses the ability to hold the office, 6) if becomes a member or associate of political organization, 7) loss of citizenship, 29

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