OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of
Iceland
Board should also be representative of the Icelandic society’s social, ethnic, religious
and geographic diversity, and should reflect diverse segments of Icelandic society,
professions, and backgrounds. This helps promote public confidence in the institution
and ensures that the NHRI has relevant experience and insights as to the needs of those
sectors of society.52 Guarantees for ensuring such pluralism should be also included
in the Draft Act.53
47.
First, advertising vacancies broadly maximizes the potential number of candidates,
thereby promoting pluralism.54 It is therefore recommended to specify in the Draft Act
that the vacancies for members of the Board of Directors shall be publicized
broadly. Other tools to ensure such pluralism in the composition of NHRIs could be to
provide for the establishment of an independent selection committee whose composition
should reflect diverse societal groups.55 Such groups (e.g., non-governmental
organizations, universities, trade unions, concerned social and professional
organizations) could also be invited to suggest or recommend candidates.56 In any case,
the rules and procedures should promote broad consultation and/or participation of these
diverse societal groups throughout the application, screening, selection and appointment
process.57 The legal drafters may consider introducing such modalities to promote
pluralism in the NHRI decision-making body. To ensure an inclusive process, the
legal drafters should also consult with various stakeholders, including civil society,
when determining the most appropriate criteria and procedures for that purpose.58
48.
Generally, the selection by the Parliament of the members of the Board of Directors of
the Institution for five years i.e., which exceeds the parliamentary term of four years
(Article 31 of the Constitution), is a good solution. At the same time, the Draft Act is
not clear as to whether such a term is renewable or not. Usually, the Sub-Committee on
Accreditation advocates for a term of three to seven years, which may be renewed
once.59 At the same time, if there is no possibility of renewal, this could also enhance
the institutional independence, as members would not be affected by potential future reappointment.60 In any case, for the sake of clarity of the legislation, the legislator
should specify whether the term of office of the members of the Board of Directors
should be renewable or not.
49.
Further, the Draft Act does not specify the parliamentary majority required for such
appointments. Due to the independent nature of an NHRI, also representatives of the
opposition should have a real say in the appointment of members of the Board of
Directors, so as to ensure that there is the broadest possible consensus on the persons
52
53
54
55
56
57
58
59
60
See Justification to General Observation 1.7. See also e.g., OSCE/ODIHR, Opinion on the Draft Amendments to the Law on Civil
Service
of
Ukraine,
10
May
2016,
par
42,
available
at
http://www.legislationline.org/download/action/download/id/6196/file/289_NHRI_UKR_10May2016_en.pdf. See also Amnesty
International, National Human Rights Institutions: Amnesty International’ Recommendations for Effective Protection and Promotion of
Human Rights (2001), page 10, Recommendation 2.4, available at https://www.amnesty.org/en/documents/ior40/007/2001/en/.
See OSCE/ODIHR and Venice Commission, Joint Opinion on the Law No. 2008-37 of 16 June 2008 relating to the Higher Committee
for Human Rights and Fundamental Freedoms of the Republic of Tunisia, 17 June 2013, par 44, available at
http://www.legislationline.org/documents/id/17976.
See Justification to General Observation 1.8.
See op. cit. footnote 14, page 248 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions).
See General Observation 1.7. See also ibid. page 248 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights
Institutions).
See General Observation 1.8.
See Justification to General Observation 1.7.
See General Observation 2.2.
See op. cit. footnote 53, par 43 (2013 OSCE/ODIHR-Venice Commission Joint Opinion on the Law relating to the Higher Committee
for Human Rights and Fundamental Freedoms of Tunisia).
16
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