OSCE/ODIHR Opinion on the Draft Law on Amendments to the Law on the Protector of Human Rights and Freedoms of Montenegro 5) follow up and monitor the implementation of its decisions on the resolution of complaints; [par 26] N. to adapt Article 22 of the Human Rights Protector Law to reflect the deletion of paragraphs 1 and 3 of Article 27 of the Human Rights Protector Law, as appropriate; [par 40] O. to add under Article 17 of the Draft Law (amending Article 45 of the Human Rights Protector Law) that confidential information collected when acting as a national preventive mechanism under the OPCAT shall be privileged; [par 46] P. to clarify the provisions of Article 20 of the Draft Law (introducing the new Article 51b) regarding the different titles, qualification requirements and respective grades of the advisers and other professional staff working for the Protector; [par 48] Q. if additional competences as anti-discrimination and equality body are not added under Chapter III of the Human Rights Protector Law, to expressly refer under Article 11 of the Draft Law (amending Article 27 of the Human Rights Protector Law) to the additional competences of the Human Rights Protector laid down in the Law on Prohibition of Discrimination; [par 39] R. to provide sufficient funding to ensure that the Human Rights Protector will have the human, financial, material and technical capacity to properly exercise his/her functions as a human rights protection mechanism, anti-discrimination and equality body and national preventive mechanism under the OPCAT; [par 20] S. to ensure that the Rules of Procedure provide that the composition and selection/engagement process of the OPCAT working body is transparent and inclusive; [par 29] T. if the competence of the Human Rights Protector is extended to cover both public and private bodies, to supplement articles of the Human Rights Protector Law referring to public authorities to reflect the applicability of the legislation to private entities, as appropriate. [pars 26 and 42] IV. ANALYSIS AND RECOMMENDATIONS 1. 12. 9 International Standards on NHRIs The Protector of Human Rights and Freedoms of Montenegro (hereinafter “the Human Rights Protector” or “the Protector”) is inter alia responsible for protecting human rights and freedoms and investigating complaints against public authorities for the violation of human rights. As such, this institution is covered by the United Nations Principles relating to the status of national institutions for the promotion and protection of human rights (hereinafter “the Paris Principles”)9 which set minimum standards for ensuring the operation and efficiency of NHRIs. The ensuing recommendations are also based on the General Observations issued by the SubCommittee on Accreditation and adopted by the International Coordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris 7-9 October 1991, adopted by Human Rights Commission Resolution 1992/54, 1992 and General Assembly Resolution 48/134, 1993. 7

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