A/HRC/27/40
6.
Where, in accordance with article 16.2 of the statute of the International
Coordinating Committee, it appears that the circumstances of any national human rights
institution accredited with an “A” status may have changed in a way which affects its
compliance with the Paris Principles, the Chair of the Committee or the Subcommittee on
Accreditation may initiate a special review of the accreditation of that institution. Further to
special review, the status of national human rights institution can be either maintained or
downgraded.
7.
With regard to flagrant cases, where the independence and credibility of “A” status
national human rights institutions come under threat due to exceptional circumstances, and
pending the conclusion of the special review process, article 18.2 of the statute of the
International Coordinating Committee stipulates that where, in the opinion of the Chair of
the International Coordinating Committee, an exceptional circumstance exists necessitating
the urgent consideration of immediate suspension of an accredited “A” status institution,
the [Committee] Bureau may decide to immediately suspend accreditation classification of
that institution and initiate a special review, pursuant to article 16.2. Article 18.3 describes
the procedure to be followed for the immediate suspension of accreditation in exceptional
circumstances. As stipulated in article 18.4:
for the purposes of article 18.2 and 18.3, an “exceptional circumstance” refers to a
sudden and drastic change in the internal political order of a State such as: a break in
the constitutional or democratic order; or a declared state of emergency; or gross
violations of human rights; and is accompanied by any of the following: there is a
change in the [national human rights institution] enabling legislation or other
applicable law that is contrary to the Paris Principles; or there is [a] change in the
composition of the [national human rights institution] that is not undertaken in
accordance with the established selection and/or appointment process; or the
[national human rights institution] acts in a way that seriously compromises its
compliance with the Paris Principles.
8.
In accordance with the accreditation procedure stipulated in article 12 of the statute
of the International Coordinating Committee, the recommendations of the Subcommittee on
Accreditation are submitted to the Committee Bureau for it to make the final decision on
the accreditation status of the national human rights institutions reviewed, subsequent to the
following process:
(a)
The recommendation made by the Subcommittee on Accreditation is
forwarded to the applicant;
(b)
Within 28 days of receipt of the recommendation, the applicant may
challenge it by submitting, through OHCHR, a written communication to the Chair of the
International Coordinating Committee;
(c)
The report of the Subcommittee, including the recommendation, is
subsequently forwarded for decision to the Committee Bureau. If any challenges have been
received from the national human rights institution reviewed, the challenges, together with
the statements of compliance and the summaries prepared by OHCHR of all the documents
submitted by the institutions concerned, are sent to the Bureau members to enable them to
assess the validity of the challenges;
(d)
If within 20 days of receipt of the report and the challenges at least four
members of the Committee Bureau from no fewer than two regional groups notify the
secretariat that they support the objection to the recommendation of the Subcommittee on
Accreditation, the recommendation is referred to the Bureau at its next meeting for
decision;
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