Part 11 of 14
Human Rights Protection in Montenegro
The Institution of the Protector of Human Rights and Freedoms (Ombudsman)
The protection of human rights and freedoms is one of the fundamental aspects of a modern democratic state. In Montenegro, the human rights protection system has undergone significant development, particularly since the country gained independence in 2006 and the European integration process intensified. The central element of this system is the institution of the Protector of Human Rights and Freedoms (Ombudsman), which plays a key role in ensuring respect for and protection of citizens' rights.
Constitutional Foundations of Human Rights Protection
The 2007 Constitution of Montenegro contains an extensive catalogue of human rights and freedoms. According to Article 17, rights and freedoms are exercised on the basis of the Constitution and ratified international agreements. All citizens are considered equal before the law regardless of any particular characteristics or personal attributes.
The constitutional norms on human rights and freedoms are divided into four groups: personal rights and freedoms; political rights and freedoms; economic, social and cultural rights and freedoms; special minority rights. The Constitution guarantees the right to a fair and public trial, the presumption of innocence, respect for the ne bis in idem principle, and the right to a defence.
History of the Creation and Development of the Institution
The institution of the Protector of Human Rights and Freedoms was created in Montenegro to ensure effective protection of citizens' rights against improper or unlawful actions by state bodies. The Ombudsman operates in two directions: issuing timely warnings against human rights violations and assisting citizens in exercising their rights, thereby contributing to democratic oversight of the state administration system.
In 2014, important amendments were introduced to the Law on the Protector of Human Rights and Freedoms of Montenegro, which contributed to strengthening the autonomy and independence of this institution and enhanced its mandate as:
- •National Preventive Mechanism against torture (NPM) — in accordance with the Optional Protocol to the UN Convention against Torture (OPCAT)
- •Institutional mechanism for protection against discrimination
As of 2023, the Protector of Human Rights and Freedoms is accredited by the Global Alliance of National Human Rights Institutions with Category "B" status, rather than the higher "A". This indicates the need for further strengthening of the institution — including within the framework of EU accession negotiations under Chapter 23.
Structure and Organisation of Activities
The Protector of Human Rights and Freedoms is headed by the Ombudsman, who is elected by the parliament of Montenegro (the Skupština) on the proposal of the President. According to the most recent information, this post is held by Siniša Beković.
Within the Ombudsman's Office, specialised units have been created responsible for: children's rights; protection against discrimination; prevention of torture (NPM); protection of the rights of persons deprived of liberty. NPM activities are conducted in a separate workspace. The NPM Working Group includes external experts from various fields of expertise, and visit plans are approved in consultation with NGOs.
Powers and Functions of the Ombudsman
Reviews individual complaints regarding human rights violations by state bodies, local self-government bodies and organisations with public powers.
Tracks systemic problems, prepares annual reports to the Skupština, provides special reports on identified violations.
Right to visit places of deprivation of liberty without prior notice, to conduct interviews with persons deprived of liberty without witnesses, and to make recommendations to the authorities. Amnesty International notes that NPM recommendations are often ignored by the authorities.
Reviews complaints of discrimination, issues findings on the presence or absence of discrimination, and recommends measures to prevent it.
In 2014, a network of "golden advisors" was established at the Ombudsman's Office — children aged 11 to 17 from various parts of Montenegro who participate in the work of the institution. By 2023 the network has 24 participants with gender representation and inclusion of children from vulnerable groups.
International Mechanisms and Montenegro
Montenegro actively integrates into the international human rights protection system. By virtue of state succession after 2006, the country is a party to:
Under Article 9 of the Constitution of Montenegro, ratified and published international treaties form an integral part of the national legal order and take precedence over national legislation. This makes decisions of international treaty bodies directly applicable in Montenegro.