A/HRC/11/3
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response to certain events that raise human rights concerns. The reports of such special missions
are published on the Commissioner’s website. Field offices representing the Commissioner may
be established on an exceptional basis, as in Chechnya. The office of the Human Rights
Commissioner is expected also to have the authority to submit written comments and take part
in hearings of the European Court.
9.
Generally, regional commissions and similar mechanisms will only address issues relating
to member States of the regional organization. In the case of the European Union Agency for
Fundamental Rights (FRA), the Agency is permitted to deal with countries that have a
third-party relationship with the European Union, such as Croatia, Turkey and the former
Yugoslav Republic of Macedonia. It is also able to consider human rights implementation in
countries which have a stabilization agreement with the European Union, such as States of the
former Yugoslavia. FRA focuses on scientific data collection (see below) and can provide any
body of European Union with a legal opinion on proposed legislation by any member State.
B. Emerging mechanisms
10. In the case of emerging mechanisms, it was suggested that any new human rights
mechanism should have a broad mandate to promote and protect human rights. The importance
of adopting a human rights charter that reflects international human rights standards was stressed
by workshop participants. Further, existing organs within the organization that have a mandate
concerning human rights protection should be subsumed within the mandate of the human rights
commission, so as to ensure consistency. The commission or other body established under the
charter should have power to mainstream human rights through all other organs of the
organization. Concern was expressed that the charters of some emerging mechanisms may not
meet international standards and that they should be drafted in such a way as to allow an
evolutionary approach to the protection of human rights within the organization, as its capacity
and jurisprudence develop. Both representatives of the Association of South East Asian States
(ASEAN) Secretariat and the League of Arab States (LAS) Human Rights Department noted that
they expected that their respective mechanisms would be further strengthened in the future.
Transparency in the establishment process was noted as vital to the subsequent credibility of the
human rights mechanism.
C. Independence
11. The speakers stressed the importance of ensuring that the commissioner(s) is independent
of his or her own State and of other organs within the regional organization. There are several
safeguards that can help achieve this goal. The method of the selection of the commissioner(s) is
critical, as is the limit on the number of terms that commissioners may serve. The Council of
Europe Human Rights Commissioner is elected by the Parliamentary Assembly of the Council
and has a non-renewable mandate of six years. The seven Commissioners of the Inter-American
Commission on Human Rights are elected by the General Assembly of the OAS for a four-year
term and may be re-elected only once. Candidates are publicly announced in advance, to allow
civil society an opportunity to comment on their suitability for the post. During the life of the
Inter-American Commission, some Commissioners have stood down when they were appointed
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