A/HRC/13/45 3. The representatives of the Government on the membership are granted voting rights. The SCA refers to General Observation 2.3 “Government representatives on National Institutions”. 4. None of the members of the CNDH functions on a full-time basis. The SCA refers to General Observation 2.8 “Full time Members”. 5. The CNDH does not have capacity to recruit its own staff and depends on the will of the Office of the Prime Minister for this purpose. The SCA refers to General Observation 2.7 “Staff of an NHRI”. 6. The Office of the Prime Minister provides the CNDH with resources and necessary services for the performance of the CNDH functions. The SCA refers to General Observation 2.6 “Adequate Funding”. 9. Specific recommendations – reviews under article 17 of the ICC statute 9.1. Greece: Greece National Commission for Human Rights (GNCHR) Recommendation: The SCA recommends that the A status be maintained. The SCA expresses appreciation for the efforts undertaken by the GNCHR in advocating for ensuring adequate funding through provision of a separate budget line. While welcoming the developments achieved, the SCA stresses the importance of ensuring financial autonomy over the funds allocated to the GNCHR. The SCA refers to General Observation 2.6 “Adequate funding”, and requests the GNCHR to provide an update on developments on this matter at its first session of 2010. 9.2. Luxembourg: Commission Consultative des Droits de l’Homme of Luxembourg (CCDH) Recommendation: The SCA recommends that the A status be maintained. The SCA acknowledges the efforts undertaken by the CCDH to ensure that the concerns it had expressed were addressed. The SCA notes the following: 1. The dismissal process, as currently defined in the Law of 2008 conflicts with the Paris Principle of stable mandate of an institution and with General Observation 2.9 “Guarantee of tenure for members of governing bodies”. 2. The CCDH enabling law does not include provisions to ensure functional immunity of its members (i.e. protection from legal liability for actions undertaken in their official capacity of the NHRI). The SCA refers to General Observation 2.5 “Immunity”. 3. It is uncertain whether the budget allocations of the CCDH are such as to ensure, to a reasonable degree, the gradual and progressive realisation of the improvement of the organisation’s operations and the fulfilment of its mandate. The CCDH should be in a position to exercise autonomous/unfettered control over its budgetary allocation. The SCA refers to General Observation 2.6 “Adequate funding”. The SCA will review the above mentioned matters at its second session of 2010, and encourages the CCDH to seek advice and assistance from OHCHR and the regional coordinating group of NHRIs (European Coordinating Committee). GE.10-10278 33

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