OSCE/ODIHR Opinion on the Draft Law on Amendments to the Law on the Protector of Human
Rights and Freedoms of Montenegro
I.
INTRODUCTION
1.
On 9 July 2013, the Minister for Human and Minority Rights of Montenegro sent an
official letter to the OSCE Mission to Montenegro requesting the legal review of the
draft Law on Amendments to the Law on the Protector of Human Rights and
Freedoms.
2.
On 23 July 2013, the OSCE Mission to Montenegro forwarded the letter to
OSCE/ODIHR, along with the English translation of the draft Amendments provided
by the Ministry for Human and Minority Rights of Montenegro. On this occasion, the
OSCE Mission to Montenegro asked OSCE/ODIHR to prepare a legal review of the
compliance of the draft Amendments with international human rights standards and
OSCE commitments.
3.
Previously, OSCE/ODIHR, together with the European Commission for Democracy
through Law (hereinafter “Venice Commission”) had already reviewed and issued a
joint opinion on the Law on the Protector of Human Rights and Freedoms1
(hereinafter “the Human Rights Protector Law”, or “the Law”) in October 2011 2
(hereinafter “the 2011 Joint Opinion”). In 2009 and 2010, both the OSCE/ODIHR,3
and the Venice Commission,4 had also reviewed draft versions of the Human Rights
Protector Law separately.
4.
This Opinion was prepared in response to the Minister for Human and Minority
Rights’ letter of 9 July 2013.
II.
5.
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5
SCOPE OF REVIEW
The scope of this Opinion mainly covers the draft Law on Amendments to the Law on
the Protector of Human Rights and Freedoms (hereinafter “the Draft Law”) submitted
for review. The draft Law on Amendments of the Law on Prohibition of
Discrimination of Montenegro (hereinafter “Draft Amendments to the AntiDiscrimination Law”), as recently reviewed by OSCE/ODIHR,5 was also considered
and referenced to the extent relevant. Thus limited, the Opinion does not constitute a
full and comprehensive review of the legislation relating to the institutional framework
for the protection and promotion of human rights in Montenegro.
This Law was adopted by the Parliament of Montenegro on 29 July 2011.
Joint Opinion by the Venice Commission and OSCE/ODIHR on the Law on the Protector of Human Rights
and Freedoms of Montenegro, CDL-AD(2011)034, issued on 19 October 2011, available at
http://www.legislationline.org/documents/id/16665.
OSCE/ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro,
Opinion-Nr.:
GEN-MNG/166/2010
(AT),
issued
on
1
October
2010,
available
at
http://www.legislationline.org/documents/id/16053 (hereinafter “the 2010 OSCE/ODIHR Comments”).
Opinion on Draft Amendments to the Law on the Protector of Human Rights and Freedoms of Montenegro,
CDL-AD(2009)043, Opinion No. 540/2009, of 12 October 2009, adopted by the Venice Commission at its
80th
Plenary
Session
(9-10
October
2009),
available
at
http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2009)043-e.
OSCE/ODIHR Opinion on the draft Law on Amendments to the Law on Prohibition of Discrimination of
Montenegro, Opinion-Nr.: NDISCR-MNG/234/2013 (AlC), dated 31 July 2013, available at
http://legislationline.org/download/action/download/id/4579/file/234_NDISCR_MNG_31%20July%202013_
en.pdf (hereinafter “the 2013 OSCE/ODIHR Opinion on the Draft Amendments to the Anti-Discrimination
Law”).
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