OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of Iceland accountability, as well as the appointment mechanism for, and terms of office of, its members. While not every aspect needs to be provided in the Draft Act, it should at least specify the overarching principles and may then refer further elaboration of these aspects to another law, or secondary legislation. Currently, the Draft Act does not make any reference to any subsequent regulations (though it is possible that this may be reviewed once the Draft Act is in place, see par 24 infra). 2.1. Institutional Framework on the Protection and Promotion of Human Rights in Iceland 18. The Draft Act provides for the establishment of an NHRI for Iceland, whose main role is to “promote and protect human rights in Iceland” (Article 1). It is understood that such a new institution would take over the tasks currently exercised by the Icelandic Human Rights Centre, which so far appears to have assumed the functions of a de facto NHRI.17 19. In this context, it is noted that there are a number of other entities in Iceland that have also been entrusted with some functions in the area of human rights, such as the Althing Ombudsman (or Parliamentary Ombudsman) primarily in charge of maladministration cases, the Centre for Gender Equality, the Gender Equality Council, the Gender Equality Complaints Committee, and the Ombudsman for Children.18 At the same time, Iceland has not yet ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), which requires the designation or establishment of national preventive mechanisms (NPM), despite numerous recommendations at the international level to do so.19 Currently, the Althing Ombudsman is in charge of monitoring and inspecting places of detention, prisons and psychiatric facilities.20 The drafters and relevant stakeholders may, however, consider transferring these tasks to the mandate of the NHRI, as the future main human rights protection mechanism. In that respect, General Observation 1.2 specifically states that an NHRI’s mandate should allow for unannounced and free access to inspect and examine any public premises, documents, equipment and assets without prior written 17 18 19 20 See e.g., Report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Juan Pablo Bohoslavsky, A/HRC/28/59/Add.1, 6 March 2015, par 19, available at http://www.iceland.is/iceland-abroad/efta/files/hrc28-independand-expert.pdf; and the Report of the Working Group on the issue of discrimination against women in law and in practice on its Mission to Iceland, A/HRC/26/39/Add.1, 16 September 2014, par 60, available at https://documents-ddsny.un.org/doc/UNDOC/GEN/G14/162/77/PDF/G1416277.pdf?OpenElement. See the UN Committee on the Rights of the Child, Concluding Observations on Iceland, CRC/C/ISL/CO/3-4, 23 January 2012, par 16, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/ISL/CO/3-4&Lang=En. The Ombudsman for Children is not mandated to receive individual complaints. See in particular Recommendations 115.26 to 115.39 of the Second Cycle Report of the Working Group on the Universal Periodic Review (UPR) for Iceland, A/HRC/WG.6/26/L.4, 15 November 2016, unedited version available at https://www.uprinfo.org/sites/default/files/document/iceland/session_26_-_november_2016/a_hrc_wg.6_26_l.4_iceland_0.pdf; UN Committee on the Elimination of Discrimination against Women, Concluding Observations on Iceland, CEDAW/C/ISL/CO/7-8, 10 March 2016, pars 1314, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/ISL/CO/7-8&Lang=En; UN Committee on Economic, Social and Cultural Rights (CESCR), Concluding Observations on Iceland, E/C.12/ISL/CO/4, 11 December 2012, par 7, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E/C.12/ISL/CO/4&Lang=En; UN Human Rights Committee, Concluding Observations on Iceland, CCPR/C/ISL/CO/5, 31 August 2012, par 5, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/ISL/CO/5&Lang=En; UN Committee on the Elimination of Racial Discrimination, Concluding Observations on Iceland, CERD/C/ISL/CO/19-20, 25 March 2010, par 13, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD/C/ISL/CO/19-20&Lang=En. See also the preliminary conclusions of the Council of Europe’s Commissioner for Human Rights following a visit to Iceland from 8 to 10 June 2016, available at http://www.coe.int/en/web/commissioner/-/iceland-ratify-the-disabilities-convention-and-strengthen-the-humanrights-protection-system?inheritRedirect=true&redirect=%2Fen%2Fweb%2Fcommissioner%2Fthematic-work%2Fpersons-withdisabilities. See the UN Committee against Torture, Concluding Observations on Iceland, CAT/C/ISL/CO/3, 8 July 2008, par 6, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fISL%2fCO%2f3&Lang=en. 8