A/HRC/13/45 7.2. Republic of Moldova: Parliamentary Advocates & Centre for Human Rights of Moldova (HRCM) Recommendation: The SCA recommends that the HRCM be accredited with B status. The SCA expresses its appreciation for the work done by the HRCM, carried out in difficult circumstances, especially due to the inadequacy of resources allocated to the institution that affects its capacity to effectively deliver its mandate. The SCA notes the following: 1. The selection and appointment process as enshrined in the law does not ensure all necessary guarantees of a transparent, consultative and pluralist process. Additionally, there is no provision to involve civil society in this process. The SCA refers to its General Observations 2.1 “Ensuring pluralism” and 2.2 “Selection and appointment of the governing body”. 2. The lack of adequate funding is a structural problem of the HRCM. Despite the significant efforts made by the institution, inadequate funding undermines the capacity of the HRCM to hire staff, make use of equipped premises and carry out activities. 3. The HRCM should be equipped with adequate resources in order to ensure the gradual and progressive realization of the improvement of the organization’s operations and the fulfilment of its mandate. The HRCM budget should also have a separate budget line for the NPM function. The SCA refers the HRCM to the General Observation 2.6 “Adequate Funding” in order to ensure its involvement in the budget process, and the sustainability of its financial, material and human resources. The attribution of additional powers and functions related to the work of NPM, which was not accompanied by any allocation of additional resources, can further affect the HRCM’s ability to function effectively. With regard to the HRCM’s role as the National Preventative Mechanism (NPM) under the Optional Protocol to the Convention Against Torture, the Subcommittee draws the attention of the HRCM to the SCA on the Prevention of Torture’s Preliminary Guidelines for the ongoing development of NPMs, and in particular sub-paragraph (g) which provides that “adequate resources should be provided for the specific work of national preventive mechanisms, in accordance with article 18.3 of the Optional Protocol; these should be ring-fenced, in terms of both budget and human resources”. 4. The enabling law provides the HRCM with both protection and promotion functions, and encourages the institution to interpret it in an extensive way which includes broad protection and promotion of all human rights, including through active cooperation with civil society. 5. The HRCM is encouraged to continue its constructive engagement with the international human rights system and refers to General Observation 1.4 “Interaction with the International Human Rights System”. The SCA requires further clarification on the role, functions, decision-making and budget allocations between the four Parliamentary Advocates and the Centre, and amongst the Parliamentary Advocates. The SCA encourages the HRCM to seek the cooperation of the ICC, OHCHR and the regional coordinating group of NHRIs (European Group) in order to address the above mentioned matters. 30 GE.10-10278

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