OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland version of the Draft Act or included in a separate act officially establishing the NHRI (see par 21 supra). 24. It is all the more important to create a legal framework for the establishment of an NHRI in Switzerland since, as noted in par 9 supra, the Confederation currently does not have a national independent mechanism for promoting and protecting human rights in general. As indicated in the Explanatory Statement to the Draft Act,29 the Swiss legal drafters contemplated different models and options, including the establishment of an independent institute, and then decided to build upon the existing pilot project (see par 22 supra) as a structure complementary to the human rights mechanisms existing at the cantonal level. 25. In addition to these sub-national mechanisms, there are a number of other federal entities in Switzerland that have also been entrusted with some functions in the area of human rights, such as the Federal Office for Gender Equality and the Federal Commission for Women’s Issues,30 the Federal Commission Against Racism31 and the the Federal Bureau for Equality of People with Disabilities (FBED), which serves as the National Implementation and Monitoring Mechanism (NIMM) under the UN Convention on the Rights of Persons with Disabilities (UN CRPD).32 In addition, the National Commission for the Prevention of Torture serves as the national preventive mechanism (NPM) under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).33 According to the Explanatory Statement to the Draft Act, the NHRI should support and complement the work of the existing thematic structures, and should be able to address any human rights area.34 26. It should be highlighted that generally, the Sub-Committee on Accreditation of NHRIs encourages a strong national human rights protection system in a State in the form of one consolidated and comprehensive NHRI.35 At the same time, the Paris Principles do not prescribe any specific type of NHRI, but rather set out the basic necessary elements to ensure functioning NHRIs and guarantee their independence. There are thus a variety of different NHRI models all over the world. Regardless of which model Switzerland follows, the NHRI should be strong and independent, and the law-makers should ensure that its mandate is clearly defined, especially vis-à-vis the mandates of the sub-national human rights mechanisms and the already existing federal bodies described in par 25 supra (see also recommendation in par 29 infra). 27. It is noted that the Federal Commission for Women’s Issues was accredited by the SCA with C status in March 2009,36 in light of the strong government influence on the functioning of the Commission, the lack of immunity of its members, the fact that it received an annual credit from the government to support its activities and the lack of regulation of key aspects to ensure the independence of the institution, particularly 29 30 31 32 33 34 35 36 Op. cit. footnote 19, Sub-sections 1.3.1, 1.3.7 and 5.1 (Explanatory Statement to the Draft Act). Op. cit. footnote 4, pars 18-19 (2016 UN CEDAW’s Concluding Observations on Switzerland). Op. cit. footnote 4, par 10 (2014 UN CERD’s Concluding Observations on Switzerland). UN Convention on the Rights of Persons with Disabilities (UN CRPD), adopted by General Assembly resolution A/RES/61/106 on 13 December 2006 and which entered into force on 3 May 2008. Switzerland acceded to the UN CRPD on 15 April 2014. UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT), adopted by General Assembly resolution A/RES/39/46 on 10 December 1984; and its Optional Protocol (OPCAT), adopted by General Assembly resolution A/RES/57/199 on 9 January 2003. Switzerland ratified this Convention on 2 December 1986 and the OPCAT on 24 September 2009. Op. cit. footnote 19, Sub-section 1.3.3 on page 8 (Explanatory Statement to the Draft Act). Op. cit. footnote 9, General Observation 6.6. See SCA, Report and Recommendations of the Session (March 2009), page 6, <http://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/Documents/2009_March%20SCA%20REPORT.pdf>. 10