A/HRC/20/9
Committee of National Institutions for the Promotion and Protection of Human Rights and
best practices.
3.
Parliaments should have the exclusive competence to legislate for the establishment
of a NHRI and for any amendments to the founding law.
4.
Parliaments, during the consideration and adoption of possible amendments to the
founding law of a NHRI, should scrutinize such proposed amendments with a view to
ensuring the independence and effective functioning of such institution, and carry out
consultation with the members of NHRIs and with other stakeholders such as civil society
organizations.
5.
B.
Parliaments should keep the implementation of the founding law under review.
Financial independence
6.
Parliaments should ensure the financial independence of NHRIs by including in the
founding law the relevant provisions.
7.
NHRIs should submit to parliaments a strategic plan and/or an annual programme of
activities. Parliaments should take into account the strategic plan and/or annual programme
of activities submitted by the NHRI when discussing budget proposals to ensure financial
independence of the institution.
8.
Parliaments should invite the members of NHRIs to debate the strategic plan and/or
its annual programme of activities in relation to the annual budget.
9.
Parliaments should ensure that NHRIs have sufficient resources to perform the
functions assigned to them by the founding law.
C.
Appointment and dismissal process
10.
Parliaments should clearly lay down in the founding law a transparent selection and
appointment process, as well as for the dismissal of the members of NHRIs in case of such
an eventuality, involving civil society where appropriate.
11.
Parliaments should ensure the openness and transparency of the appointment
process.
12.
Parliaments should secure the independence of a NHRI by incorporating in the
founding law a provision on immunity for actions taken in an official capacity.
13.
Parliaments should clearly lay down in the founding law that, where there is a
vacancy in the composition of the membership of a NHRI, the vacancy must be filled
within a reasonable time. After expiration of the tenure of office of a member of a NHRI,
such member should continue in office until the successor takes office.
D.
Reporting
14.
NHRIs should report directly to parliament.
15.
NHRIs should submit to parliament an annual report on activities, along with a
summary of its accounts, and report on the human rights situation in the country and on any
other issue that is related to human rights.
16.
Parliaments should receive, review and respond to NHRI reports and ensure that
they debate the priorities of the NHRI and should seek opportunities to debate the most
significant reports of the NHRI promptly.
17.
Parliaments should develop a principled framework for debating the activities of
NHRIs consistent with respect for their independence.
18
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