A/HRC/10/55
page 33
4.6. Kenya: National Commission on Human Rights (NCHR)
Recommendation: The Sub-Committee recommends that the NCHR be re-accredited with
status A.
The Sub-Committee notes the following:
(1)
It highlights the need for the NCHR to have financial autonomy, including by
submitting its budget directly to Parliament;
(2)
It stresses the importance for the NCHR to receive adequate funding in order to hire
the necessary staff and to be able to establish a permanent regional presence, for
example through regional offices. It refers to General Observation 2.6 “Adequate
funding”;
(3)
It underlines the need to entrench in the mandate of the NCHR the encouragement of
ratification or accession to international human rights instruments and refers to
General Observation 1.3 “Encouraging ratification or accession to international
human rights instruments”.
4.7. Luxembourg: Commission Consultative des Droits de l’Homme (CCDH)
Recommendation: The Sub-Committee informs the CCDH of its intention to
recommend to the ICC Bureau status B, and gives the CCDH the opportunity to
provide, in writing, within one year of such notice, the documentary evidence deemed
necessary to establish its continued conformity with the Paris Principles. The CCDH
retains its “A status” during this period.
The Sub-Committee acknowledges that the Draft Law of 2008 (Projet de Loi No. 5882)
was unanimously adopted by the Chamber of Deputies on 22 October. The Sub-Committee
further acknowledges the CCDH is developing an internal regulatory document.
The Sub-Committee considers the following issues need to be addressed:
(1)
Neither the Règlement de 2000 nor the Projet de Loi imposes any legal requirements
to ensure the pluralism of the institution’s membership and staff composition. The
Sub-Committee refers to General Observation 2.1 “Ensuring pluralism”;
(2)
Article 4 (1) of the Projet de Loi establishes the exclusive authority of the
Government to nominate members of the CCDH without consultation. The
Sub-Committee refers to General Observation 2.2 “Selection and Appointment of the
Governing Body”;
(3)
The grounds for dismissal of the CCDH’s members are not specified in the Projet de
Loi. The Sub-Committee refers to General Observation 2.9 “Guarantee of Tenure for
Members of Governing Bodies”;
(4)
None of the CCDH’s members occupies a permanent full-time position. The
Sub-Committee refers to General Observation 2.8 “Full-time Members”;
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