A/HRC/39/21
33.
The rules of procedure (art. 4.4) provide that the presence of all four members of the
Subcommittee on Accreditation constitutes a quorum. However, in specific circumstances
when no alternate member has been appointed by a regional network, the presence of three
members is sufficient.
34.
To avoid any deadlock in the deliberations of the Subcommittee, the rules of
procedure (art. 4.5) now provide that the Chairperson will have a casting vote when a vote
is tied and further deliberation is unlikely to result in a decision.
35.
Another key amendment to the rules of procedure prevents a member of the
Subcommittee on Accreditation whose institution is under notice of intention to downgrade
its status from attending the session of the Subcommittee during which that institution will
be reviewed and provides that the member be replaced by an alternate appointed by the
relevant regional network (in accordance with new article 4.8 and article 3.1).
36.
According to the amended procedures (art. 6.4), the Subcommittee determines
whether an institution is a national human rights institution, and whether it is a new or
continuing national human rights institution.
C.
Amendments to the general observations of the Subcommittee on
Accreditation
37.
The Subcommittee on Accreditation, in cooperation with its secretariat, has drafted
general observations to interpret the Paris Principles in order to enhance their understanding
and implementation by all national human rights institutions. The general observations have
been adopted by the Bureau of the Global Alliance of National Human Rights Institutions.
To date 20 general observations have been issued. Amendments to these general
observations were proposed by the Subcommittee on Accreditation and endorsed by the
Bureau of the Global Alliance in March 2017 and February 2018.
38.
A new paragraph has been added to general observation 1.4 on interaction with the
international human rights system to emphasize that national human rights institutions must
maintain their independence and participate in sessions of United Nations human rights
mechanisms in their own right or in a manner that clearly distinguishes them as
independent national human rights institutions.
39.
General observation 1.9 on political representatives in national human rights
institutions has been amended to emphasize that representatives of Governments,
government agencies and parliamentarians should not be members of, nor participate in, the
decision-making organs of a national human rights institution.
40.
To avoid any confusion, general observation 2.3 on functional immunity has been
retitled “Protection from criminal and civil liability for official actions and decisions
undertaken in good faith”. The general observation has furthermore been amended to take
into account national contexts where functional immunity is not part of the legal tradition
and to provide that such protection be made available to members of national human rights
institutions’ decision-making bodies as well as staff.
41.
Former general observation 2.5 on staffing by secondment has been merged with
general observation 2.4 on recruitment and retention of national human rights institution
staff, which now requires national human rights institutions to be empowered by law to
determine the staffing structure and the skills required to fulfil their mandate. It also
provides that their staff should be recruited according to an open, transparent and meritbased selection process and that a national human rights institution should be able, and be
perceived to be able, to operate independently from government interference, and should
not be required to accept staff assigned to it by a Government.
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