OSCE/ODIHR Opinion on the Draft Law on Amendments to the Law on the Protector of Human
Rights and Freedoms of Montenegro
international standards and to make certain provisions more effective, the
OSCE/ODIHR thus recommends as follows:
1. Key Recommendations
A. to amend Article 2 of the Human Rights Protector Law as follows:
1) cover the acts and omissions of both the public and private sectors; [pars 18
and 26]
2) expressly mention that the Human Rights Protector constitutes the
Institutional Mechanism for the protection from discrimination and the
promotion of equality, in accordance with the Law on Prohibition of
Discrimination; [pars 19 and 37-38]
B. to require under Article 3 of the Draft Law (amending Article 10 of the Human
Rights Protector Law) that the Human Rights Protector go through a consultative
process with various public and non-governmental organs prior to proposing
candidate(s) for Deputies to the Parliament; [par 22]
C. to introduce under Article 10 of the Draft Law (introducing new Articles 25a to
25d to the Human Rights Protector Law) the legal guarantee that persons who
have cooperated with the office of the Protector shall not suffer any retaliation or
sanction; [par 35]
D. to amend Article 37 of the Human Rights Protector Law to clarify the
administrative or disciplinary procedure (and competent body) preceding the
imposition of possible sanctions for failure to provide requested information
and/or expressly refer to the applicable legislation regulating “obstruction” and
related penalties; [par 43]
E. to supplement Article 17 of the Draft Law to expand the scope of the persons
listed under Article 45 of the Human Rights Protector Law to include all staff
working for the Human Rights Protector, and the other “independent experts”
that may be engaged by the Protector as part of the OPCAT working group; [par
45]
2. Additional Recommendations
F. to expressly mention the “promotion” of human rights in addition to the
protection of human rights under Articles 1 and 2 of the Human Rights Protector
Law; [par 17]
G. to state under Article 3 of the Draft Law (amending Article 10 of the Human
Rights Protector Law) that the Protector’s Deputies shall report to the Protector,
who in turn is accountable to the Parliament of Montenegro; [par 24]
H. to consider amending Article 4 of the Draft Law (amending Article 11 of the
Human Rights Protector Law) as follows:
1) add a reference to international human rights treaties in the text of the oath;
[par 25]
2) state that the Protector and the Deputies shall both take their oath before the
Parliament; [par 25]
I. to supplement Chapter III of the Human Rights Protector Law on the general
competences of the Protector as follows:
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