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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