OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of Iceland 14. At the Council of Europe (hereinafter “CoE”) level, the key role of NHRIs and main principles regulating their establishment and functioning, including compliance with the Paris Principles, are highlighted in various documents.8 In particular, CoE Parliamentary Assembly Recommendation 1615 (2003) underlines a number of characteristics considered essential for any Ombudsman9 institution.10 15. Finally, in the 1990 Copenhagen Document, OSCE participating States have committed to “facilitate the establishment and strengthening of independent national institutions in the area of human rights and the rule of law”.11 The OSCE/ODIHR has also been specifically tasked to “continue and increase efforts to promote and assist in building democratic institutions at the request of States, inter alia by helping to strengthen […] Ombudsman institutions”,12 which should be impartial and independent.13 16. Other useful reference documents of a non-binding nature are also relevant in this context, as they contain a higher level of practical details including, among others: 17. 8 9 10 11 12 13 14 15 16 - the UNDP-OHCHR’s Toolkit for Collaboration with National Human Rights Institutions (2010);14 - the Compilation of Venice Commission Opinions concerning the Ombudsman Institution (2016);15 and - the OSCE/ODIHR’s Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality (2012) which provides useful guidance regarding measures and initiatives to strengthen NHRIs’ capacity and practical work on women’s rights and gender equality.16 2. General Comments At the outset, it is noted that the Draft Act under review is quite brief and contains only ten articles. Perhaps for this reason, it does not contain several important aspects pertaining to the institution and its functioning, especially those at the core of the institution’s basic guarantees of independence. General Observation 1.1 of GANHRI's Sub-Committee on Accreditation specifically states that relevant NHRI legislation should specify in detail the Institution’s role, functions, powers, funding and lines of See e.g., CoE Committee of Minister, Recommendation Rec(97)14E on the Establishment of Independent National Institutions for the Promotion and Protection of Human Rights, 30 September 1997, available at https://wcd.coe.int/ViewDoc.jsp?id=589191; Parliamentary Assembly of the Council of Europe (PACE), Recommendation 1615 (2003) on the Institution of Ombudsman, 8 September 2003, available at http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=17133&lang=en; PACE, Recommendation 1959 (2013) on the Strengthening the Institution of Ombudsman in Europe, adopted on 4 October 2013, available at http://www.assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20232&lang=en. For the purposes of this Opinion, and while acknowledging that the Scandinavian term “Ombudsman” is considered to be gender-neutral in origin, the term “ombudsperson” is generally preferred, in line with increasing international practice, to ensure the use of gendersensitive language (see e.g., https://www.unescwa.org/sites/www.unescwa.org/files/page_attachments/1400199_0.pdf). See op. cit. footnote 8 (PACE Recommendation 1615 (2003)). See par 27 of the OSCE Copenhagen Document (1990), available at http://www.osce.org/odihr/elections/14304?download=true. See par 10 of the Bucharest Plan of Action for Combating Terrorism (2001), Annex to OSCE Ministerial Council Decision on Combating Terrorism, MC(9).DEC/1, 4 December 2001, available at http://www.osce.org/atu/42524?download=true. See e.g., op. cit. footnote 2, par 42 (second indent) (2004 OSCE Action Plan for the Promotion of Gender Equality). See also the Joint Statement from the Expert Meeting on Strengthening Independence of National Human Rights Institutions in the OSCE Region held on 28 and 29 November 2016 in Warsaw, available at http://www.osce.org/odihr/289941. UNDP-OHCHR, Toolkit for Collaboration with National Human Rights Institutions (December 2010), available at http://www.ohchr.org/Documents/Countries/NHRI/1950-UNDP-UHCHR-Toolkit-LR.pdf. Available at http://www.venice.coe.int/webforms/documents/?pdf=CDL-PI(2016)001-e. OSCE/ODIHR, Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality, 4 December 2012, pages 9 and 78, available at http://www.osce.org/odihr/97756. 7