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