OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
3.2 Additional Recommendations
H. To clarify Article 1 by specifying that the Human Rights Protector
protects individuals from all past, present and future human rights
violations and takes proper preventive measures in this respect; [pars
19-20)
I. To amend Article 3 to clarify that all work and procedures of the
Protector will be open and transparent, except where the human rights
of individuals or groups require otherwise; [par 22]
J. To refer in each relevant provision of the draft Law to both masculine
and feminine terms or pronouns; [par 23]
K. To specify in the draft Law that proceedings for selecting and
proposing a new Human Rights Protector shall begin six months before
the expiry of the current Protector’s term of office; [par 30]
L. To include in the draft Law the term of office of the Protector as laid
down in the Constitution and indicate whether he/she may be reelected for one further term of office; [par 31]
M. To amend Article 11 so that any person with a university degree and
with 15 years of relevant work experience is eligible for the position of
Human Rights Protector; [par 32]
N. To debate the added value of a large number of deputy Protectors and
include, following discussions with the Human Rights Protector, a
specific number of deputies in Article 8 of the draft Law; [pars 34-35]
O. To include in the draft Law a provision specifying that even if a new
Protector is elected, the deputies shall serve their full term of office;
[par 36]
P. To amend Article 16 as follows:
1. Ensure that it obliges the Protector to designate a Principal
Deputy Protector for exceptional circumstances; [par 37] and
2. Clarify that once his/her term of office expires, the Protector
shall, if possible, remain in office until a new Human Rights
Protector is elected; [par 38]
Q. To enhance Article 12 so that it specifies that the immunity of the
Human Rights Protector, his/her deputies and staff shall also apply
after the end of their terms of office/work periods; [par 40]
R. To clarify Article 17 as follows:
1. Ensure that the termination of office of the Protector in case
of mental incapacity shall be based on a medical certificate and
court decision; [par 41]
2. Provide the Protector with the chance to give up inconsistent
activities and functions following an official warning of the
Parliament, instead of the immediate termination of office
stipulate in this provision; [par 42] and
3. Include the dismissal from office as a reason for termination
of office. [par 44]
S. To narrow the scope of Article 18 so that dismissal is only possible in
cases involving more serious crimes sanctioned by or leading to
imprisonment; [par 43]
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