A/HRC/13/45
evidence deemed necessary to establish its continued conformity with the Paris Principles.
The IHROBH retains its “A” status during this period.
The SCA expresses appreciation of the work of the IHROBH, noting that it operates
in a situation where the merger of three distinct institutions is currently on-going, and the
law has not yet been clarified.
The SCA notes the following:
1.
Civil society and other groups are not involved in the appointment process.
The SCA refers to General Observation 2.2 “Selection and appointment of the
governing body”.
2.
The importance of financial autonomy, both in terms of budget submissions
and financial controls. The SCA refers to General Observation 2.6 “Adequate
funding”.
3.
The Law on Salaries in Bosnia & Herzegovina has annulled the provision in
the Law of the Human Rights Ombudsman that entitled members to a salary equal to
that of a Constitutional Judge. This derogation may impact the Ombudsman’s
independence.
4.
It commends the IHROBH on its concrete efforts to implement a regular
consultation mechanism with civil society organisations. However, this cooperation
should be formalised. The SCA also emphasises that engagement with civil society
must be broad based, to ensure the pluralistic representation of social forces as
required by the Paris Principles.
5.
It recommends that the mandate of the IHROBH be strengthened to include
human rights promotion and refers to General Observation 1.2 “Human rights
mandate”.
6.
In the absence of an Annual Report for 2008–2009, the SCA is not able to
assess the activities implemented over the past year, and encourages the IHROBH to
submit this in any future application for accreditation. The SCA refers to General
Observation 6.7 on “NHRI Annual report”.
7.
It reiterates the need for the IHROBH to interact effectively and
independently with the International Human Rights System. The SCA refers to
General Observation 1.4 “Interaction with the International Human Rights System”.
The SCA encourages the IHROBH to seek advice and assistance from OHCHR and
the regional coordinating group of NHRIs (European Coordinating Committee).
8.2.
Chad: Commission National des Droits de l’Homme (CNDH)
Recommendation: The SCA recommends that the CNDH be accredited with B status.
The SCA expresses its concerns with the following:
1.
The CNDH is dependent in law and practice on the Office of the Prime
Minister. The SCA recalls that the Paris Principles prescribe that an NHRI should be
able to exercise its mandate in an independent manner.
2.
The legal texts of the CNDH do not provide details on the selection and
appointment process. All the members are appointed by the Prime Minister and the
Government is heavily represented in the composition of the membership. The SCA
refers to General Observation 2.2 “Selection and appointment of the governing
body”.
32
GE.10-10278
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