OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland government, especially the executive. Therefore, special statutory safeguards need to protect such independence, including those involving the institution’s budget. The success of an NHRI also very much depends on its integrity, professionalism and authority within the structures of the state and of society in general. Thus, it is of the utmost importance to establish, inter alia, appropriate criteria and an adequately transparent procedure for selecting or appointing persons to serve in the NHRI’s decision-making body and to recruit staff with professional qualifications of the highest possible level. 15. The main instrument relevant to NHRIs at the international level are the United Nations Paris Principles. While they do not prescribe any particular model for NHRIs, these principles outline minimum standards in this respect, including a broad human rights mandate, autonomy from government, guarantees of functional and institutional independence, pluralism, adequate resources and adequate powers of investigation, where applicable. The implementation of the Paris Principles and evaluation of NHRIs against these principles is undertaken by the Global Alliance of National Human Rights Institution’s (hereinafter “GANHRI”)8 Sub-Committee on Accreditation (hereinafter “SCA”), which awards A, B or C Status to the NHRIs depending on their level of compliance with the Paris Principles, with A Status meaning that the NHRI is fully compliant. The ensuing recommendations are also based on the General Observations of the GANHRI, developed by its SCA, which serve as interpretive tools of the Paris Principles.9 16. The need for effective, independent, and pluralistic NHRIs has also been reiterated in numerous resolutions adopted by the UN General Assembly and the UN Human Rights Council.10 17. At the Council of Europe (hereinafter “CoE”) level, the key role of NHRIs and the main principles regulating their establishment and functioning, including compliance with the Paris Principles, are highlighted in various documents.11 8 9 10 11 The Global Alliance of National Human Rights Institution (GANHRI), formerly known as the International Coordinating Committee for National Human Rights Institutions (ICC), was established in 1993 and is the international association of national human rights institutions (NHRIs) from all parts of the globe. The GANHRI promotes and strengthens NHRIs in accordance with the Paris Principles, and provides leadership in the promotion and protection of human rights. Through its Sub-Committee on Accreditation (SCA), it also reviews and accredits national human rights institutions in compliance with Paris Principles. The GANHRI may also assist those NHRIs under threat and encourage the reform of NHRI statutory legislation and the provision of technical assistance, such as education and training opportunities, to strengthen the status and capacities of NHRIs. See <http://nhri.ohchr.org/EN/Pages/default.aspx>. The latest revised General Observations of the Sub-Committee on Accreditation, as adopted by the GANHRI Bureau (hereinafter “General Observations”) at its meeting in Geneva on 6 March 2017, are available at <https://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/General%20Observations%201/Forms/Default%20View.aspx>. See e.g., UN General Assembly, Resolution no. 70/163 on National Institutions for the Promotion and Protection of Human Rights, A/RES/70/163, adopted on 17 December 2015, <http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/163>; Resolutions nos. 63/169 and 65/207 on the Role of the Ombudsman, Mediator and Other National Human Rights Institutions in the Promotion and Protection of Human Rights, A/RES/63/169 and A/RES/65/207, adopted on 18 December 2008 and on 21 December 2010 respectively; Resolutions nos. 63/172 and 64/161 on National Institutions for the Promotion and Protection of Human Rights, A/RES/63/172 and A/RES/64/161, adopted on 18 December 2008 and 18 December 2009 respectively; and Resolution no. 48/134 on National Institutions for the Promotion and Protection of Human Rights, A/RES/48/134, adopted on 4 March 1994 – all available at <http://www.un.org/en/sections/documents/general-assembly-resolutions/index.html>. See also the Resolution no. 27/18 on National Institutions for the Promotion and Protection of Human Rights of the UN Human Rights Council, A/HRC/RES/27/18, adopted on 7 October 2014, <http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/27/L.25>; and the Report of the UN Secretary-General to the UN Human Rights Council, HRC/27/39, 30 June 2014, <http://undocs.org/A/HRC/27/39>. 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, <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, <http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=17133&lang=en>; PACE, Recommendation 1959 (2013) on Strengthening the Institution of Ombudsman in Europe, adopted on 4 October 2013, <http://www.assembly.coe.int/nw/xml/XRef/X2HXref-ViewPDF.asp?FileID=20232&lang=en>. 7