OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland 18. Finally, in the 1990 Copenhagen Document, OSCE participating States have committed to “facilitate the establishment and strengthening of independent national institutions in the area of human rights and the rule of law”.12 The OSCE/ODIHR has also been specifically tasked to “continue and increase efforts to promote and assist in building democratic institutions at the request of States, inter alia by helping to strengthen […] Ombudsman13 institutions”,14 which should be impartial and independent.15 19. Other useful reference documents of a non-binding nature are also relevant in this context, as they contain a higher level of practical details including, among others: 20. 12 13 14 15 16 17 18 19 - the UNDP-OHCHR’s Toolkit for Collaboration with National Human Rights Institutions (2010);16 - the Compilation of Venice Commission Opinions concerning the Ombudsman Institution (2016);17 and - the OSCE/ODIHR’s Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality (2012), which provides useful guidance regarding measures and initiatives to strengthen NHRIs’ capacity and practical work on women’s rights and gender equality.18 2. General Comments At the outset, it is noted that the Draft Act under review is quite brief and contains only nine short articles. Perhaps for this reason, it does not contain certain essential aspects pertaining to the institution and its functioning, especially those at the core of the institution’s basic guarantees of independence. The Explanatory Statement to the Draft Act19 specifies that the proposed law only focuses on financial support to the NHRI and that the main organizational elements of the latter will not be set out in the Draft Act. It must be emphasized, however, that General Observation 1.1 of GANHRI's SCA specifically states that relevant NHRI legislation should specify in detail the Institution’s role, functions, powers, funding and lines of accountability, as well as the appointment mechanism for, and terms of office of, its members. While not every practical aspect needs to be provided in NHRI legislation, it should at least lay out the basic guarantees of its independence and specify other overarching principles, in particular as regards the NHRI’s mandate and the composition of its decision-making body (including appointment mechanisms, terms and conditions of office, mandate, See par 27 of the OSCE Copenhagen Document (1990), <http://www.osce.org/odihr/elections/14304?download=true>. For the purposes of this Opinion, and while acknowledging that the Scandinavian term “Ombudsman” is considered to be gender-neutral in origin, the term “ombudsperson” is generally preferred, in line with the increasing international practice to ensure the use of gendersensitive language (see e.g., <https://www.unescwa.org/sites/www.unescwa.org/files/page_attachments/1400199_0.pdf>). See par 10 of the Bucharest Plan of Action for Combating Terrorism (2001), Annex to OSCE Ministerial Council Decision on Combating Terrorism, MC(9).DEC/1, 4 December 2001, <http://www.osce.org/atu/42524?download=true>. See e.g., op. cit. footnote 2, par 42 (second indent) (2004 OSCE Action Plan for the Promotion of Gender Equality). See also op. cit. footnote 5 (2016 Joint Statement). UNDP-OHCHR, Toolkit for Collaboration with National Human Rights Institutions (December 2010), <http://www.ohchr.org/Documents/Countries/NHRI/1950-UNDP-UHCHR-Toolkit-LR.pdf>. Available at <http://www.venice.coe.int/webforms/documents/?pdf=CDL-PI(2016)001-e>. OSCE/ODIHR, Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality, 4 December 2012, pages 9 and 78, <http://www.osce.org/odihr/97756>. The Explanatory Statement to the Draft Act is available at <https://www.ejpd.admin.ch/ejpd/fr/home/aktuell/news/2017/2017-06281.html>, see particularly Sub-Section 1.3.6 on page 11. 8