OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of
Iceland
over budgetary decisions raises concerns with respect to the NHRI’s financial
independence.111 To sustain this independence, these considerations should be reflected
in the Draft Act.
76.
Additionally, to increase the NHRI’s financial independence, some additional
safeguards may also be contemplated. For instance, the Draft Act may specify that
the budgetary process should not be used to allocate/reduce funds from the budget
in a manner that interferes with the NHRI’s independence.112 The relevant
legislation could also prescribe that the institution itself should submit its budget
proposal to the parliament and that this proposal should be included in the
national budget without changes.113 In addition, legal provisions against
unwarranted budgetary cutbacks could be introduced, including but not limited to
the principle that compared to the previous year, any reductions in the NHRI’s
budget should not exceed the percentage of reduction of the budgets of the
Parliament or the Government.114 The NHRI should also be allowed to receive
additional funding from external sources.115 In any case, the NHRI has the obligation
to ensure the coordinated, transparent and accountable management of its funding
through regular public financial reporting and a regular annual independent audit,116 and
needs to follow the existing domestic regulations on proper and efficient budgetary
planning.
77.
Further, as mentioned in par 21 supra, the new NHRI of Iceland will serve as the
NIMM for the UN CRPD, although the Explanatory Note to the Draft Act concludes
that “[n]o additional administrative costs are expected”. However, it is essential for the
independence of the institution that sufficient funding is provided to allow this body to
have the adequate human, financial, material and technical capacity to guarantee the
proper implementation of its mandate both as NHRI and as NIMM. The question of
adequate resources should thus be reviewed carefully. Also, if in the future Iceland
ratifies the Optional Protocol to the UNCAT and decides to appoint the NHRI as the
NPM, additional funding and human resources would need to be allocated for that
purpose.
78.
Under General Observation 1.10, several elements need to be taken into account to
define what constitutes “adequate funding” and when drawing the annual budget for the
NHRI. In addition to an appropriate level of salaries and benefits (see pars 58, 60 and 70
supra), these should include the allocation of funds for the NHRI’s own premises
(separate from the Government’s premises) that are accessible to the wider community,
including persons with disabilities, and the establishment of well-functioning
communications systems including telephone and internet. The Draft Act could
specifically list them.
111
112
113
114
115
116
See e.g., op. cit. footnote 29, page 12 (SCA Report and Recommendations of November 2015).
See e.g., op. cit. footnote 68, pars 74-75 (2015 Venice Commission’s Opinion on the Law on the People's Advocate of Moldova).
See e.g., Venice Commission, Opinion on the possible reform of the Ombudsman Institution in Kazakhstan, adopted by the Venice
Commission at its 71st Plenary Session (Venice, 1-2 June 2007), CDL-AD(2007)020, pars 8 and 30.VI, available at
http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2007)020-e.
See e.g., op. cit. footnote 45, par 69 (2016 Venice Commission Opinion on the draft Constitutional Law on the Human Rights Defender
of Armenia).
See General Observation 1.10 and its justification.
See General Observation 1.10 and its justification.
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