In the context of the UPR, Amnesty International makes the following recommendations to Montenegro:
National human rights framework:
• To take measures to implement fully and without further delay the 2011 Anti-Discrimination Law, including by introducing additional enabling legislation and promoting the law;
• To strengthen the Institution of the Human Rights and Freedoms Ombudsman through full implementation of the Law on the Ombudsman and provision of the resources and staff required to discharge its duties;
• To introduce secondary legislation to define the rules of procedure for the designated role of the Institution of the Ombudsman as a National Preventive Mechanism, in accordance with Article 19 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Impunity for war crimes:
• To ensure that proceedings in cases of crimes under international law are conducted in accordance with international standards for fair trial, and with respect for the provisions of international humanitarian law;
• To ensure that victims of crimes under international law are guaranteed access to justice and reparations, including by taking all necessary measures to prosecute and punish the perpetrators of violations of international human rights law and humanitarian law.
Freedom of expression:
• To guarantee freedom of expression without discrimination, including by abiding by the obligation of due diligence to protect individuals against abuses by non-state actors;
• To ensure that the civil defamation law is not used with the purpose or effect of inhibiting legitimate criticism of the government;
• To establish procedures for effective and timely access to information requested under the Law on Information and to proactively make available information of public interest, in line with obligations under the International Covenant on Civil and Political Rights as set out in General Comment 34 on Article 19.
Roma and Ashkali displaced from Kosovo:
• To ensure displaced Kosovo Roma and Ashkali are provided with every assistance in obtaining documentation required for temporary or permanent residence in Montenegro;
• To guarantee the right to adequate housing of Kosovo Roma and Ashkali, especially those living in the Konik camp, in a resettlement action plan, consulted with the affected communities and consistent with international human rights standards, including the UN Guiding Principles on Internal Displacement and the Basic Principles and Guidelines on Development-Based Evictions and Displacement.