Institutions bypass the ombudsman's recommendations

Year after year, the institution of the Protector of Human Rights and Freedoms emphasizes the importance of the role that civil society organizations play in democratic societies, especially in young and still fragile democracies, where the state administration system continues to establish and accept the values ​​of civil society.

This is stated, among other things, in the report of the National Human Rights Institution (NHRI) on the rule of law.

"NGOs help the system of state administration to function better and provide better services, given that the system must be 'awakened' and encouraged to take action," states the report on Montenegro, which emphasizes that the institution of the Protector considers itself a natural partner of the civil society. society and media. Based on cooperation with NGOs and the media, the Office of the Protector initiated dozens of cases last year.

In the part that concerns the trust of citizens and the institutions of the system, the institution of the Protector considers it important to speak publicly about cases of bad practices or treatment because, it is emphasized, this is one of the democratic ways to improve the situation or solve a problem.

"As long as there are complaints from citizens and established violations of rights, this means that the institution of the Protector must act in order to improve the response of the entire system of state administration in connection with the enjoyment of the guaranteed rights and freedoms of citizens, while respecting the principles of equality and non-discrimination," the document states. ombudsman website.

The Institution of the Protector also points to a "worrying trend" of violations of its procedures by other authorities. In the event that violations of the rules are determined, the institution makes recommendations on how to eliminate them. The authorities, however, know that they take certain steps themselves even before the procedure with the Protector ends and thus do not take into account his recommendations.

In the report, they looked at the state of the media in Montenegro, where it is stated that it is one of the areas where progress is slower in achieving democratic standards for the purpose of European integration. This, it is pointed out, is mainly due to the large number of attacks and various types of pressure on journalists.

The Institution of the Protector called for efficient investigation and prosecution of all cases as the only way to deal decisively with the pressure on free journalism. "Free journalism is the basis of every free society and as such has no alternative," the finding states.

Among the recommendations in this area are to introduce media literacy into the educational program of primary schools, to renew the dialogue within the media community on the establishment of a single regulatory body or framework, to strengthen the mechanisms for reporting offensive comments, to strengthen cooperation between the media and system institutions...

When it comes to the situation with the coronavirus, the NHRI report on Montenegro states that the situation is better compared to the year before.

What has been recorded during the pandemic is, for example, an increase in reports of domestic violence, but also students' problems in following and mastering online classes.

"At one point, the work of the commissions in the area of ​​social and health protection was suspended, which limited the enjoyment of the rights of persons with disabilities and persons with health problems," the report states, adding that women in temporary jobs were particularly at risk of their contracts are terminated.

Montenegro is not the only country that produced this report. Reports from 40 European countries reveal a further deterioration in the rule of law across Europe compared to last year.

"Efficient and independent national institutions for human rights - which in themselves are an indicator of the rule of law - are crucial for ensuring the proper functioning of national systems of checks and balances. Therefore, in the context of ongoing challenges to the rule of law, NHRIs are also affected. Some are facing attacks and threats to their independence, while numerous institutions have to struggle with insufficient cooperation of national authorities and inadequate financial and human resources", according to the findings transmitted by the Ombudsman institution.

Among the NHRI's recommendations to European and national policy makers are more effective judicial reviews, consultations and human rights impact assessments, ensuring fair appointments and proper administration of justice, ensuring freedom of expression, strengthening the framework for preventing and fighting corruption, including stronger anti-corruption bodies and effective protection of whistleblowers.