OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
1.
INTRODUCTION
1.
On 26 August 2010, the OSCE Mission to Montenegro requested the ODIHR
to review the draft Law on the Protector of Human Rights and Freedoms of
Montenegro (hereinafter “the draft Law”). ODIHR was asked to provide
comments regarding the draft Law’s compliance with international legislative
standards, bearing in mind the Protector of Human Rights and Freedoms’
additional functions as anti-discrimination body under the recently adopted
Law on the Prohibition of Discrimination and as national preventive
mechanism under the UN Optional Protocol to the Convention Against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(hereinafter “OPCAT”).2 These Comments are provided in response to the
above request.
2.
The draft Law is the product of an inter-ministerial working group led by the
Ministry of Human and Minority Rights of Montenegro. This working group
also included several representatives of the office of the Human Rights
Protector. Draft Amendments to the Law on the Protector of Human Rights
and Freedoms were circulated in May 2009 and reviewed by, inter alia, the
Council of Europe’s European Commission for Democracy Through Law
(hereinafter “the Venice Commission”), the Association for the Prevention of
Torture (hereinafter “the APT”) and the University of Bristol’s Centre for the
Implementation of Human Rights.
2.
3.
SCOPE OF REVIEW
The scope of the Comments covers only the above-mentioned draft Law,
which was submitted for review, while taking into account relevant provisions
of the current Law on the Protector of Human Rights and Freedoms of
Montenegro3, as well as of the Law on the Prohibition of Discrimination4 and
the Constitution of Montenegro5. The Comments do not constitute a full and
comprehensive review of the question of human rights protection through the
Protector of Human Rights and Fundamental Freedoms (hereinafter “the
Human Rights Protector” or “the Protector”) in light of all available
framework legislation governing the issue in Montenegro. The ensuing
recommendations are based on international standards and practices governing
National Human Rights Institutions (hereinafter “NHRIs”), as found in the
United Nations Principles relating to the status of national institutions
2
UN Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, adopted on 18 December 2002 at the fifty-seventh session of the General
Assembly of the United Nations by resolution A/RES/57/199.
3
Law on the Protector of Human Rights and Freedoms, adopted in July 2003. The cited provisions of
this Law were based on a draft version of the Law, as the final adopted version was not yet available in
English when this Opinion was issued. Discrepancies in numbering and contents of the cited provisions
may result.
4
Law on Prohibition of Discrimination, adopted on 29 July 2010
5
The Constitution of Montenegro, adopted on 19 October 2007.
3