A/HRC/22/47
on activities which should be discussed by the legislature, made public and disseminated by
all necessary means. Appropriate provisions should be made in order to allow effective
implementation and follow-up to the recommendations made by national institutions.
2.
Autonomy from Government and independence
46.
National institutions should be able to work independently, without interference of
any sort from the authorities or other branches of the State. In this connection, the Paris
Principles and the general observations of the Sub-Committee on Accreditation provide
substantive guidance on how to strengthen the organizational and operational structure of
institutions with the aim of ensuring their autonomy and independence.
47.
The criteria and processes for nomination, appointment and security of tenure of the
members of the governing bodies of these institutions should be established and controlled
by Parliament. They should ensure an open and transparent process for nomination and
appointment. The Sub-Committee on Accreditation has indicated that the participation of
members of Government in national institutions should be limited to an advisory capacity
and that no secondments of civil servants should be allowed. Tenure should be secure and
dismissal only possible in exceptional and clearly defined circumstances.
48.
The participation of civil society, including defenders, and other relevant
stakeholders in the nomination and appointment process is also considered essential in
order to ensure independence and autonomy. This is the case in various countries and
national institutions, which positively affects the degree of pluralism of the institutions and
enhances their credibility. In this connection, through the responses to her questionnaire,
the Special Rapporteur has identified various examples of good practices in relation to the
criteria and process of nomination and appointment of members of governing bodies of
national institutions.
49.
For example, the position of Commissioner of the national institution in Canada is
widely advertised when vacant, and anyone can apply. In Uruguay, the law establishes that
the members of the national institution can be nominated by NGOs, which is also widely
the case in practice. In New Zealand, the criteria for appointment of Commissioners are
clearly established in the regulatory framework and groups and individuals can nominate
candidates. In South Africa, an ad-hoc Parliamentary Committee is set up to interview
potential Commissioners following a nationwide public announcement of the vacancies.
Interviews take place in public and civil society organizations are allowed to attend.
50.
In the development of the law establishing the Irish Human Rights and Equality
Commission, which was yet to be adopted at the time this report was finalized, it was
emphasized that its independence would be strengthened if it was empowered to recruit its
own staff and that there should be no civil service secondment at senior level to the body.19
51.
On the other hand, it has also been reported that the selection process for members
of the Commission on Human Rights of the Philippines is not defined in its regulatory
framework. This lack of procedure reportedly allows for the President to be the only
authority entitled to nominate and appoint its members. The Commission is advocating for
the adoption of the “Commission on Human Rights Charter” precisely to strengthen its
organizational, operational and fiscal structure, including the procedure for selection and
appointment of its members.
19
10
Oireachtas Joint Committee on Justice, Defence and Equality, “Report on hearings in relation to the
Scheme of the Irish Human Rights and Equality Commission Bill” (July 2012).
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