SIGMA representatives prepare annual reports on the state of public administration reform in the Western Balkans countries and submit them to the European Commission on the basis of which a report on the progress of countries was being prepared. The aim of their visit is the analysis of the situation in Montenegro and gathering of relevant date necessary for report preparation.

Professor Roig stated that this year, for the first time, they were asked by the European Commission, that beside the analyses of the state administration bodies, they should do the analyses of the Institution of the Protector of Human Rights and Freedoms of Montenegro, and on that occasion the meeting with the representatives of the Committee on Human Rights and Freedoms was organised.

The Chairman of the Committee on Human Rights and Freedoms of the Parliament of Montenegro, Mr. Halil Duković, Dr informed the representative of SIGMA with the work of the Committee on Human Rights and Freedoms, especially referring to cooperation with the Institution of the Protector of Human Rights and Freedoms of Montenegro, stating that the Committee had continuous and very good cooperation with the Ombudsman.

He stated that the Committee cooperated directly with the Ombudsman, through expert consultations and direct contacts as well, due to the fact that the Ombudsman participated at almost every meeting of the Committee, and in that way possible problems regarding exercising of human rights and freedoms were prevented already in the phase of adopting the law and monitoring (control) of the work of the executive power.

In addition, he stated that, at the invitation of the Committee, the Ombudsman had participated in all public debates organized with various topics in different towns of Montenegro. He reminded that the Protector of Human Rights and Freedoms, at the invitation of the Committee, together with MPs, members of the Committee on Human Rights and Freedoms, had visited a number of institutions in order to ensure human rights in those institutions. The Ombudsman participated in four control hearings organized by the Committee, in order to monitor jointly to what extent the competent bodies implemented Recommendations of the Ombudsman and Conclusions of the Parliament of Montenegro. The Chairman of the Committee on Human Rights and Freedoms assessed as very important consideration of the Work Report of the Protector of Human Rights and Freedoms of Montenegro, as well as special report submitted by the Ombudsman in 2011, at the request of the Committee on Human Rights and Freedoms.

Mr Halil Duković Dr pointed out that the Committee on Human Rights and Freedoms contributed significantly with its activities to the promotion and affirmation of the institution of the Protector of Human Rights and Freedoms, which was increasingly being recognized by citizens, indicated by the increase in the number of complaints. He assessed that the state bodies gave great significance to the Institution of the Ombudsman, as evidenced by the fact that the majority of human rights violations were removed during the test procedure. Institution of the Protector of Human Rights and Freedoms of Montenegro was affirmed to the great extent by numerous activities of the Committee on Human Rights and Freedoms.

Professor Mr Eduard Roig asked a number of questions:

- To what extent and in what way the Parliament and competent Committee on Human Rights and Freedoms use the Report of the Protector of Human Rights and Freedoms of Montenegro; are political discussion based on the findings from the Report of the Ombudsman initiated; do MPs of the position and opposition use date from the Report for the discussion in the Parliament on various topics?

- Is there a formally established procedure for monitoring of the implementation of the Recommendation of the Ombudsman, and is the level of their implementation considered at the Committee meetings?

- Stating that he was familiar with planned amendments to the Law on Protector of Human Rights and Freedoms of Montenegro, he asked whether it was planned to additionally consider the issue of the financial independency and autonomy of this Institution, bearing in mind that, according to the date he possessed, the Ombudsman was to send the request to the Ministry of Finance for approving the spending of funds allocated by the Budget, as well as on the occasion of employing new officials. He considers that in that way the independence of the Institution can be threatened, so the special need is to be paid to the budget execution. He believes that the regime of payments and budget execution of the Institution of Ombudsman should be similar to that in the Parliament, as the Ombudsman should not ask permission from the Government, and if it should ask it from someone, then the only relevant subject is the Parliament.

- Regarding the procedure of election of the Deputies of the Protector of Human Rights and Freedoms of Montenegro, he was interested whether the fact that Ombudsman “inherited” deputies who already worked in the Institution could be assessed as good?

- Stating that the Protector of Human Rights and Freedoms of Montenegro dealt with a wide range of human rights, and that he got two new competencies related to protection from discrimination and torture prevention, Mr Roig expressed worries that in that way the primary competence of this Institution was endangered regarding the prevention of so-called “public administration”, such as silent administration, not complying with the judgement of court instances, inquiring whether the activities aimed at intensifying primary competences of this Institution could be taken.

- He thinks that the Ombudsman should not focus his activities on acting on individual complaints of citizens, but that on the basis of one acting on complaint, in each next similar situation the same should be done, i.e. generalizing consequences in all other similar situations.

The Chairman of the Committee on Human Rights and Freedoms of the Parliament of Montenegro, Mr. Halil Duković, Dr stated that the Parliament of Montenegro and the Committee on Human Rights and Freedoms as the competent working body, considered every year the Work Report of the Protector of Human Rights and Freedoms of Montenegro, and that reports reflected the realistic state of human rights in Montenegro, and that the Parliament accepted it almost unanimously, and that all MPs, regardless of their political affiliation, used date from the Report for their political discussions. In addition, he stated that the Committee, on the occasion of consideration of the Work Report of the Protector of Human Rights and Freedoms of Montenegro, suggested and the Parliament adopted conclusions by which Recommendation of the Ombudsman were accepted, so they were strengthened, and their implementation was certainly monitored, through consideration of the reports of some state bodies, and by consideration of information requested from them, in line with Article 68 of the Rules of Procedure of the Parliament, or by organizing control hearings of the persons responsible for specific issues.

Mr Halil Duković, Dr stated that, in line with legislative obligation stipulated by the new Law on Protector of Human Rights and Freedoms of Montenegro, the Committee on Human Rights and Freedoms established Request for allocation of budgetary resources to the Protector of Human Rights and Freedoms of Montenegro, and that bearing in mind the two new competences of the Ombudsman Institution, related to prohibition of discrimination and torture prevention, the amount of budgetary resources for the Protector, being one of the rare institution, was increased comparing to the previous year. MP Duković stated that in this year the Ombudsman Institution was approved with resources for employing two new officials – advisors, but that the current economic situation should be taken into account, as well as duty of all state bodies to respect budgetary discipline and the fact the Law on Civil Servants and State Employees should be implemented in the Ombudsman Institution as well, emphasizing that there was a sufficient number of employees in the Ombudsman Institution compared to total population of the state and that the education of the current employees was essential for strengthening the Ombudsman Institution capacities, which would enable qualitative performance of the jobs which are under the auspices of the Institution, and transmitting of their knowledge to the employees of other institutions and bodies would contribute to fostering of awareness on obligation of protection  and respect of human rights and freedoms. The Chairman of the Committee stated that it was stipulated by the Law that the Ombudsman Deputy was to be appointed by the Parliament, at the proposal of the Ombudsman, for the period of six years and can be re-appointed.

MP Ms Ljiljana Đurašković stated that the Protector of Human Rights and Freedoms of Montenegro had four Deputies appointed by the Parliament, for: state administration, protection from discrimination, torture prevention and for the rights of a child. She stated that the basic aims of the public administration reform were: building of a democratic state based on the rule of law, responsibility, publicity, economy and efficiency and building of a state administration directed to citizens. She considers the Institution of the Protector of Human Rights and Freedoms to be very important in the Montenegrin society with the function of protection the rights of its citizens.

The Chairman of the Committee on Human Rights and Freedoms stated that, with the aim of affirmation and protection of the rights of all citizens of Montenegro, monitoring of the Recommendations of the protector of Human Rights and Freedoms, taking activities with the aim of implementation of the Recommendation from the European Commission Report on Montenegro progress, the Committee drew a very demanding and ambitious Proposal for the Activities Plan which was to be adopted at the following meeting, in order to start implementation of actual activities in the function of legislative and control role of the Parliament and he delivered the sample of the Proposal for Plan to the SIGMA representative, so that he could get acquainted with it.

Professor Mr Eduard Roig thanked for all information, emphasizing that they would be very useful for him in drafting the Report and invited the representatives of the Committee on Human Rights and Freedoms, if they consider it as necessary, to send suggestions and proposals which should be considered on the occasion of drafting the Report.