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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents