OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of
Iceland
7.
Other Comments
79.
Article 6 of the Draft Act provides for the appointment of an Advisory Committee of
Stakeholders composed of 10 members with a two-year term. It is unclear why this
advisory body is appointed for such a brief duration, as two years may be too short for it
to carry out its functions in a meaningful manner. Also, nothing is said as to whether the
mandate of the Committee members is renewable or not. The drafters should consider
extending the term for members of this body so that it is similar to that of members of
the Board of Directors. The Draft Act is also silent as to the selection criteria and means
to ensure pluralism in the composition of the Committee (see also pars 45-46 and 71-72
supra on NHRI pluralism). The Draft Act could be supplemented in that respect.
80.
Article 8 of the Draft Act states that the NHRI shall submit to the Althingi an annual
report on its activities and the implementation of human rights and make this report
public by 1 September. General Observation 1.11 recommends that the enabling NHRI
law shall ensure that NHRI’s reports are widely circulated, discussed and considered by
the legislature, and the NHRI should be able to table reports directly in the legislature.
A respective provision should be introduced to the Draft Act along with an
obligation on the side of the Althingi to hold a parliamentary debate on the NHRI
report, for instance at the session which immediately follows the report’s
submission to the Parliament. At the same time, the parliament should not be required
to formally adopt such an annual report since such a vote would indirectly call into
question the independence of the institution.117 Indeed, the main purpose of the
parliamentary debate should be informational in nature, so as to bring to the
parliament’s intention the issues raised by the report and for the parliament to take
action to address them, as appropriate. This debate by itself would, however, not replace
the need for regular and effective cooperation between the NHRI and the Althingi on an
everyday basis (see par 27 supra).
81.
Finally, it is understood that the Ministry of Interior has carried out public consultations
when drafting the Draft Act, which is welcome. It is worth recalling that OSCE
commitments require legislation to be adopted “as the result of an open process
reflecting the will of the people, either directly or through their elected representatives”
(Moscow Document of 1991, par 18.1).118 Particularly legislation that may have an
impact on human rights and fundamental freedoms, as is the case here, should undergo
extensive consultation processes throughout the drafting and adoption process, to
ensure that human rights organizations and the general public, including
marginalized groups, are fully informed and able to submit their views prior to the
adoption of the Act. Public discussions and an open and inclusive debate will increase
all stakeholders’ understanding of the various factors involved and enhance confidence
and trust in the adopted legislation, and in the institutions in general. The Icelandic
legislator is encouraged to ensure that the Draft Act is consulted extensively up until its
adoption.
[END OF TEXT]
117
118
See op. cit. footnote 35, par 82 (2015 Venice Commission Opinion on the Draft Law on Ombudsman for Human Rights of Bosnia and
Herzegovina).
Available at http://www.osce.org/fr/odihr/elections/14310.
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents