A/HRC/11/3
page 6
to a public position in their own country. This has reinforced the independent nature of the
Commission. Similarly, the members of the FRA management board act independently of their
countries.
12. Adequate resourcing of regional commissions is crucial for independence. It was observed
that where mechanisms obtain a large proportion of their funds in the form of voluntary
contributions from member States, this may obscure the focus of the commission by resulting in
a tendency to address the particular concerns of the State involved. Moreover, without adequate
resources commissions cannot be as effective as originally intended, due to lack of sufficient
staff and facilities.
13. The manner in which the powers of the human rights mechanisms are carried out is also a
means of reinforcing institutional independence from member States. For example, the Council
of Europe Human Rights Commissioner can visit member States at their request or on his own
initiative. FRA seeks information from member States of the European Union and secondary
sources but also undertakes its own research to gather information that is as independent as
possible. As the reports of FRA are comparative at the European level, they are not subject to
review and comment by member States.
14. Independence does not need to be an obstacle to cooperation and coordination between
bodies. The Council of Europe is represented on the FRA management board, so as to facilitate
greater cooperation. The Council of Europe Human Rights Commissioner sends his reports to
the relevant member State before publication but this does not entail that the member State has a
droit de regard over the final conclusions and recommendations. Reports of the Inter-American
Commission are provided to member States for comments and both the OAS Permanent Council
and the General Assembly discuss pertinent issues with the Commission. Member States are
welcome to participate in public hearings on cases as well as on thematic issues and to defend
accusations made against them.
D. Data collection
15. FRA was created in 2007 to provide institutions and member States with advice and
expertise in implementing human rights standards in each country. FRA monitors the
implementation of the legislation of member States to see whether national legislation upholds
the human rights obligations of the country in accordance with the European Union system. It
uses scientific data-collection techniques which enable it to develop representative samples and
assess multiple fields of discrimination against rights-holders with certain characteristics.
Requests for specific data collection come from the European Commission, the European
Council and the European Parliament.
16. The importance of maintaining a comprehensive picture of the human rights situation in
each member State was emphasized in the experience of the Council of Europe Human Rights
Commissioner. When this post was created, the Office undertook an assessment of the human
rights implementation by all member States. Since then, some follow-up missions have been
conducted to obtain up-to-date information. Priority issues in each member State are identified
on the basis of these assessments and included in memoranda to the State party, to advise them
of their human rights obligations.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents