A/HRC/13/45 7.3. Scotland (United Kingdom): Scottish Human Rights Commission (SHRC) Recommendation: The SCA recommends that consideration of the application for accreditation of the SHRC be deferred to its first session of 2010. The SCA notes that the SHRC was established in December 2008 and has been operational for eleven months. The effectiveness of the SHRC and its compliance with the Paris Principles could not be determined in the present session. The SCA refers to General Observation 6.6 “More than one national human rights institution in a state”. 7.4. Tunisia: Comité Supérieur des Droits de l’Homme et des Libertés Fondamentales (SCHRFF) Recommendation: The SCA recommends that the SCHRFF be accredited with B status. The SCA expresses its concern with the following: 1. There are no provisions in the legislation setting out a transparent and pluralistic nomination process of members which include objective membership criteria. The ultimate appointment is done by the President of the Republic. The SCA refers to the Paris Principles regarding the appointment of the members of the national institution and to General Observation 2.2 “Selection and appointment of the governing body”. 2. There are no legislative provisions regarding the immunity of members for liability for actions undertaken in their official capacity, nor for the dismissal or removal process of a member. The SCA refers to General Observations 2.5 “Immunity” and 2.9 “Guarantee of tenure for members of government bodies”. 3. There are no provisions indicating whether members of the governing body are full or part time, however, Article 5 of the Rules of Organization states that the members are not remunerated but receive an allowance for each meeting they attend. The SCA refers to General Observation 2.8 “Full-time Members”. 4. The institution is required to submit all its reports to the President of the Republic. Pursuant to article 6 of the law the SCHRFF undertakes investigations upon request of the President of the Republic and reports the results of the investigations to the President. This provision is not consistent with the exercise of the protection function that an NHRI is to carry out in an independent and unfettered manner. The SCA refers to General Observation 2.10 “Administrative regulation”. 5. The 2005 Annual Report on the human rights situation of Tunisia does not reflect the recent activities, conclusions and recommendations made by the SCHRFF. The SCA refers to General Observation 6.7 “NHRI annual report”. The SCA encourages the SCHRFF to interact actively with the international human rights system (UN Human Rights Treaty Bodies, Special Procedures Mandate Holders and Human Rights Council, including the UPR), providing information independently of the government and later ensuring follow up action to recommendations resulting from that system. 8. Specific recommendations – re-accreditation applications 8.1. Bosnia and Herzegovina: Institution of Human Rights Ombudsmen for Bosnia and Herzegovina (IHROBH) Recommendation: The SCA informs the IHROBH of its intention to recommend the ICC Bureau that the IHROBH be accredited with status B, and gives the Institution the opportunity to provide, in writing, within one year of such notice, the documentary GE.10-10278 31