A/HRC/13/45
3.
The representatives of the Government on the membership are granted voting
rights. The SCA refers to General Observation 2.3 “Government representatives on
National Institutions”.
4.
None of the members of the CNDH functions on a full-time basis. The SCA
refers to General Observation 2.8 “Full time Members”.
5.
The CNDH does not have capacity to recruit its own staff and depends on the
will of the Office of the Prime Minister for this purpose. The SCA refers to General
Observation 2.7 “Staff of an NHRI”.
6.
The Office of the Prime Minister provides the CNDH with resources and
necessary services for the performance of the CNDH functions. The SCA refers to
General Observation 2.6 “Adequate Funding”.
9.
Specific recommendations – reviews under article 17 of the ICC statute
9.1.
Greece: Greece National Commission for Human Rights (GNCHR)
Recommendation: The SCA recommends that the A status be maintained.
The SCA expresses appreciation for the efforts undertaken by the GNCHR in
advocating for ensuring adequate funding through provision of a separate budget line.
While welcoming the developments achieved, the SCA stresses the importance of ensuring
financial autonomy over the funds allocated to the GNCHR. The SCA refers to General
Observation 2.6 “Adequate funding”, and requests the GNCHR to provide an update on
developments on this matter at its first session of 2010.
9.2. Luxembourg: Commission Consultative des Droits de l’Homme of Luxembourg
(CCDH)
Recommendation: The SCA recommends that the A status be maintained.
The SCA acknowledges the efforts undertaken by the CCDH to ensure that the
concerns it had expressed were addressed.
The SCA notes the following:
1.
The dismissal process, as currently defined in the Law of 2008 conflicts with
the Paris Principle of stable mandate of an institution and with General Observation
2.9 “Guarantee of tenure for members of governing bodies”.
2.
The CCDH enabling law does not include provisions to ensure functional
immunity of its members (i.e. protection from legal liability for actions undertaken
in their official capacity of the NHRI). The SCA refers to General Observation 2.5
“Immunity”.
3.
It is uncertain whether the budget allocations of the CCDH are such as to
ensure, to a reasonable degree, the gradual and progressive realisation of the
improvement of the organisation’s operations and the fulfilment of its mandate. The
CCDH should be in a position to exercise autonomous/unfettered control over its
budgetary allocation. The SCA refers to General Observation 2.6 “Adequate
funding”.
The SCA will review the above mentioned matters at its second session of 2010, and
encourages the CCDH to seek advice and assistance from OHCHR and the regional
coordinating group of NHRIs (European Coordinating Committee).
GE.10-10278
33
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