NGO Human Rights Action (HRA) proposed today 10 amendments to the Bill on Ombudsman (Protector of Human Rights and Freedoms) of Montenegro to the members of the Parliamentary Committee for Human Rights.
The proposed amendments would ensure the following:
(1) use of gender sensitive language in the wording of the law in accordance with the Law on Gender Equality;
(2) professional training of the Ombudsman Deputy and his/her participation in the development of educational programs on human rights;
(3) reduction of the prescribed work experience limit for the Ombudsman election from 15 to 10 years, and for the Deputy from 10 to 5 years;
(4) Ombudsman’s immunity on the level of an MP’s immunity (which also equals immunity of the judges of the Constitutional Court, President of the Constitutional and Supreme Court and Supreme State Prosecutor);
(5) Ombudsman’s authority to mediate in the process of peaceful settlement of disputes;
(6) extending Ombudsman’s authority in relation to judicial and administrative proceedings, which would, exceptionally, allow the use of legal remedies in favor of the complainant;
(7) Ombudsman’s duty to file criminal charges upon noticing human rights violations that have the elements of criminal acts (for instance, State Audit Institution has the same obligation);
(8) Ombudsman’s official reception, upon his/her request, by the state officials within 48 hours, instead of five days;
(9) Ombudsman’s duty to consider reports of the civil society human rights organizations when drafting his/her report, and
(10)Ombudsman’s Secretary General and Adviser’s salary at the level of the Constitutional Court Secretary General and Adviser’s salary.
Amendment proposals are made on the basis of the UN document – the Paris Principles on national institutions for the promotion and protection of human rights, comparative analysis of the laws on Ombudsman in the region, and experience of HRA coworkers. HRA took part in the public debate and submitted amendments to the draft law, out of which the listed proposals have not been adopted. This time we hope for the attention and understanding of the MPs, in order to improve the quality of the Law and of the human rights protection in Montenegro.
