OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
Rights Protector may be re-elected for a further period after the expiration of
his/her term of office or not.
32.
Article 11 of the draft Law specifies that the Human Rights Protector may be
any citizen of Montenegro with a university degree in social sciences and 15
years of experience. Requiring a Human Rights Protector to have a degree in
social sciences appears to be very limiting – while it is understandable that
someone holding such a high office should have an academic degree, it is
unclear why only a social sciences degree will make this person eligible for
this position. It is therefore recommended to amend Article 11 so that any
person with a university degree may become Human Rights Protector. In this
context, it may also be worthwhile to specify that he/she shall have 15 years of
relevant years of experience – meaning experience that will make him/her
qualified to hold the office of Human Rights Protector.
4.2.1.2. The Deputies of the Human Rights Protector
33.
According to Article 8, the Human Rights Protector shall have at least four
Deputy Protectors. The Protector proposes the number of deputies to the
Parliament, which will then decide on the number of deputies.
34.
In this context, both the number of Deputy Protectors and the manner of
determining their number give rise to certain concerns. With a staff (technical
service) of 16 persons (including the secretary) 17 serving a population of 600700,000 residents of Montenegro, it is unclear why at least four deputies are
needed and whether this may not make the Protector’s office quite “topheavy”. Even if there will be a clear delineation of responsibilities between the
deputies, it is still very probable that such a large amount of Deputy Protectors
could prove burdensome in practice. It is recommended to review the actual
competencies and tasks of future deputy protectors and debate the added value
of such a large amount of deputies.
35.
Moreover, it is presumed that keeping the number of deputies flexible may
lead to more flexibility in the budgeting procedure and working procedure of
the Protector’s office. However, it could also raise certain issues with regard to
the independence of this office, since the decision of the number of leading
staff of the office is left up to the Parliament – the Human Rights Protector
merely has the assurance that the number of deputies will not go below four.
Also, specifying the exact number of deputies in the draft Law would enhance
clarity and foreseeability of the draft Law. It is thus recommended that the
lawmakers decide, in cooperation with the Human Rights Protector, exactly
how many deputies will be needed, and include this number in the draft Law.
36.
The term of office of deputy protectors is laid down in Article 10 and amounts
to six years. In the interests of maintaining the office’s institutional memory
and of ensuring smooth work flows throughout, it is recommended to include
in the draft Law a provision specifying that the deputies of the Human Rights
Protector shall remain in office for their full term of six years even if a new
17
These statistics were found on the website of the Human Rights Protector of Montenegro:
http://www.ombudsman.co.me/eng/o_zastitniku.htm.
13
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