A/HRC/13/45 6.21. The SCA shared the summaries prepared by the Secretariat with the concerned NHRIs before the consideration of their applications and they provided comments on them in one week. All comments received, together with the summaries, were then sent to the members of the SCA. As in previous cases, once the recommendations of the SCA are adopted by the ICC Bureau, the summaries and the comments and the statement of compliance will be posted on the NHRI Forum (www.nhri.net). The summaries are only prepared in English, due to financial constraints. 6.22. The SCA considered information received from civil society. The SCA shared that information with the concerned NHRIs and considered their responses. 7. Specific recommendations – accreditation applications 7.1. Mauritania: Commission National des Droits de l’Homme (NHRC) Recommendation: The SCA recommends that the NHRC be accredited with B status. The SCA expresses its appreciation for the work done by the NHRC in the promotion and protection of human rights. The SCA takes note that the enabling legislation of the NHRC is currently being reviewed. The SCA notes the following: 1. The NHRC is established by an Executive Order. The Paris Principles and the ICC General Observations indicate that an NHRI must be established in a constitutional or legal text, given that creation by an instrument of the Executive is not adequate to ensure permanency and independence. The SCA refers to General Observation 1.1 “Establishment of national institutions”. 2. The NHRC is placed under the Office of the Prime Minister (article 1 of the Executive Order) and it reports annually to the Head of State (article 6 of the Executive Order). This does not guarantee the independence and autonomy of an NHRI. The SCA refers to General Observation 2.10 “Administrative regulation”. 3. The selection and appointment process is not established in the Executive Order and is not transparent, consultative and pluralistic. The SCA refers to General Observation 2.2 “Selection and appointment of the governing body”. 4. Article 27 of the Executive Order stipulates that the Government provides the NHRC with the necessary administrative staff. This impairs the ability of the NHRC to hire its own staff. The Secretary General is appointed by the President of the Republic. The SCA refers to General Observation 2.4 “Staffing by secondment” and 2.7 “Staff of an NHRI”. 5. The budget of the NHRC is insufficient to allow it to effectively carry out its mandate. This includes the hiring of an adequate number of staff. The SCA refers to General Observation 2.6 “Adequate Funding”. The SCA will consider whether these issues have been effectively dealt with through amendments to the legislation. The SCA also encourages the NHRC to continue 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. GE.10-10278 29

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