HRA: We are protesting the re-vote of the ANB and internal affairs laws, they are restricting human rights...

The Human Rights Action (HRA) announced today that it is protesting the re-vote of the Law on the National Security Agency (ANB) and the Law on Internal Affairs.

The non-governmental organization (NGO) said that the two laws "restrict human rights contrary to international standards" and that they were "drafted without democratic procedure and public debate."

"Instead of uniting all forces for the necessary progress in the rule of law and democracy for the purpose of entering the European Union, the ruling majority parties are making concessions to each other and dividing the cake of power to the detriment of human rights and the general interest," the statement points out.

The HRA said that after publication in the Official Gazette, they will launch initiatives to review the constitutionality of these laws.

The NGO said that these laws enabled:

• that the Ministry of the Interior, by the end of 2027, will employ civil servants without the control of the Human Resources Administration, without a personnel plan and without public advertising, according to criteria determined by the minister through a commission he appoints himself - thus opening up space for non-transparent and politically motivated employment;
• automatic revocation of titles and termination of employment for police officers due to alleged security violations, without the possibility of explanation and defense, even retroactively;
• decision-making on security concerns by a commission appointed by the minister, in a secret procedure, without the obligation to obtain the opinion of the ANB and with the possibility of basing decisions on unconfirmed information,
• applying the same regime to candidates for the Police Academy and employment in the police, despite the Ombudsman's earlier findings that such a practice is not in accordance with the Constitution and the European Convention on Human Rights.

The HRA said that in relation to the National Security Agency:

• The ANB retains broad powers to access databases of state bodies, administrative bodies, local governments and other entities without judicial supervision, despite recommendations from international bodies for the introduction of judicial control;
• The collection of data on citizens' locations via electronic communications remains without judicial oversight, even though this data is an integral part of the right to privacy;
• the possibility of secret monitoring, surveillance and electronic searches in public places by technical means without court approval is introduced — which abolishes the previous obligation of judicial control for audio and video surveillance and increases the risk of arbitrary invasion of privacy;
• The director of the National Security Agency is given discretionary authority to retire employees early, outside of general rules, which opens up room for abuse and political influence,
• The ANB is exempted from the public procurement system, thereby reducing transparency and control over the spending of public funds.

"Such solutions represent a serious step backwards in the protection of human rights, legal certainty and democratic control of the security sector. Upon publication in the Official Gazette, the HRA will launch initiatives to assess the constitutionality of these laws," the statement reads.

The Parliament of Montenegro today re-voted the Law on Amendments to the Law on Internal Affairs, as well as the Law on the National Security Agency (ANB).

These laws, originally adopted on March 6, were returned to parliament by President Jakov Milatović for reconsideration.

The Law on Internal Affairs was passed with 47 votes in favor and 22 against, and the Law on the National Security Agency was passed with the support of 47 MPs and 21 votes against.