OSCE/ODIHR Opinion on the Draft Law on Amendments to the Law on the Protector of Human Rights and Freedoms of Montenegro experts and staff mentioned in the Human Rights Protector Law. It is advisable to clarify the lines of accountability under Article 3 of the Draft Law by stating that the Protector’s Deputies shall report to the Protector, who in turn is accountable to the Parliament of Montenegro. 25. Regarding Article 4 of the Draft Law on the oath by the Human Rights Protector and Deputies, OSCE/ODIHR would like to reiterate its recommendation to amend the text of the oath to expressly include international human rights treaties so as to avoid an interpretation that the Protector should protect human rights in accordance “only” with the domestic law.36 Also, given that both the Protector and his/her Deputies are appointed by the Parliament, it is unclear why they should take their oath before different entities, i.e. the Protector before the Parliament and the Deputies before the President of the Parliament. It would be recommended to amend Article 4 of the Draft Law (amending Article 11 of the Human Rights Protector Law) to reflect that the oath shall be taken before the Parliament in both cases. 4. 4.1 26. 36 37 38 Scope of Competences of the Human Rights Protector (Articles 6 to 11 of the Draft Law) General Competences According to Chapter V of the Human Rights Protector Law, the Protector is provided with a mandate to handle complaints alleging violations of human rights, and consequently should be provided with the necessary functions and powers to adequately fulfil such mandate. In May 2013, the ICC adopted a new General Observation relating to the quasi-judicial competency of NHRIs (complaints-handling) with a proposed list of powers and functions.37 It is recommended to consider including some of these powers and functions in the Human Rights Protector Law (see also par 39 infra), particularly: - the ability to receive complaints against both public and private bodies in its jurisdiction for any human rights violation,38 not only in discrimination cases (Article 2 of the Human Rights Protector Law as well as all articles of the law referring to public authorities should be supplemented accordingly); - the ability to receive complaints from any person on behalf of the alleged victim(s), where prior and written consent is given (not only members of parliament or organizations dealing with human rights and freedoms) (see also par 41 infra); See par 22 of the 2011 Joint Opinion. ICC New General Observation 2.10. Human rights that business enterprises have the responsibility to respect include e.g. the freedom of association and the right to collective bargaining, the elimination of compulsory labour, the abolition of child labour, the right to privacy, the freedom of expression and opinion of employees, the right to enjoy just and favourable working conditions, the compliance with UN Basic Principles and Guidelines on Developmentbased Evictions and Displacement developed by the UN Special Rapporteur on the Right to Adequate Housing (UN document E/CN.4/2006/41, available at http://daccess-ddsny.un.org/doc/UNDOC/GEN/G06/118/59/PDF/G0611859.pdf?OpenElement). See page 10 of the UN Office of the High Commissioner for Human Rights Interpretive Guide to the Corporate Responsibility to Respect Human Rights (2011), available at http://www.ohchr.org/Documents/Publications/HR.PUB.12.2_En.pdf. See also “Human Rights Translated: A Business Reference Guide” by Monash University, the International Business Leaders Forum, OHCHR and the United Nations Global Compact (2008), available at http://humanrights.unglobalcompact.org/doc/human_rights_translated.pdf. 12