OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro II. To ensure that the public information and awareness-raising duties of the Protector laid down in the Law on the Prohibition of Discrimination are reflected in the draft Law and consider including duties for all human rights in the draft Law; [par 77] JJ. To clarify the nature of the “officer authorized by the Protector” in Article 28 and distinguish between visits in the course of complaints procedures and preventive regular visits intended by the OPCAT; [pars 81-81] KK. To include in Article 28 a non-exhaustive exemplary list of places of detention to be visited under the OPCAT and designate the responsible government and executive authorities in this provision; [par 83] LL. To include the requirement of conducting a regular dialogue between authorities and the national preventive mechanism in Article 29 par 5, and the requirement to include the report on the Protector’s activities as a national preventive mechanism in a separate section of the annual report in the draft Law; [pars 90-91] and MM. To include in Article 63 a provision stating that the Human Rights Protector shall continue to exercise his functions until the expiry of his/her term of office once this draft Law has been adopted. [par 92] 4. ANALYSIS AND RECOMMENDATIONS 4.1 Relevant International Standards 7. The Human Rights Protector of Montenegro is responsible for protecting and promoting human rights in Montenegro and thus constitutes a National Human Rights Institution within the meaning of the United Nations Principles relating to the status of national institutions, commonly known as the Paris Principles.7 Due to the different nature, mandate and competences of National Human Rights Institutions all over the world, the Paris Principles do not contain specific international standards governing such institutions, but rather the basic necessary elements for a functioning National Human Rights Institution, which may be a Human Rights Protector or Ombudsperson, or a human rights commission. The basic elements of such institutions include ensuring their independence, in particular financial independence, as well as the human rights institution’s involvement in all matters pertaining to human rights. The latter element also extends to individual human rights complaints. 8. According to the Law on the Prohibition of Discrimination of Montenegro 8, the Human Rights Protector shall also, in addition to his/her general competencies, function as an anti-discrimination body. This is reflected in Article 1 of the draft Law, which states that the Protector of Human Rights shall “take […] measures for protection from discrimination”, as well as in Article 31, which describes the Human Rights Protector as “the institutional mechanism for protection against discrimination”. 7 8 See footnote 5 See footnote 3 7