OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights
Institution of Switzerland
its priorities and activities, and to allocate funding according to these priorities. Thus, it
is recommended to include in the Draft Act specific provisions regarding the
NHRI’s budget and financial autonomy. Such provisions should prescribe that the
budgetary allocation of funds shall be adequate to ensure the full, independent and
effective discharge of the responsibilities and functions of the institution.132 The
Draft Act should be supplemented in that respect and should also specifically
provide that the NHRI shall manage the budgetary allocation at its disposal in an
autonomous manner.133
86.
Under General Observation 1.10, several elements need to be taken into account to
define what constitutes “adequate funding” when drawing up the annual budget for the
NHRI. In addition to an appropriate level of salaries and benefits for members of the
leadership body and staff (see pars 72-73 and 81 supra), these should include the
allocation of funds for the NHRI’s own premises, which should be sufficient to ensure
that said premises are accessible to the wider community, including to persons with
disabilities, and to allow for the establishment of well-functioning communications
systems, including telephone and the Internet.134 Article 2 par 2 specifies that the
universities and higher education institutions shall make available “the necessary
infrastructure, including premises and computer equipment, to the NHRI free of
charge”. This means that the NHRI will not have its own premises and that it will in
essence be dependent on the decisions of universities and/or higher education
institutions in that respect.
87.
In principle, national law should also indicate the relevant budget source.135 When
deciding on the accreditation of NHRIs, the Sub-Committee on Accreditation reviews
whether the underlying legislation provides that an NHRI’s funding is allocated to a
separate budget line dedicated only to the NHRI.136 This should be included in the
Draft Act. The Sub-Committee on Accreditation has stated that situations where the
NHRI’s budget is subject to government approval or where the executive has substantial
control over budgetary decisions, as is the case here, raise concerns with respect to the
NHRI’s financial independence.137 To sustain the institution’s independence, these
considerations should be taken into account by the legal drafters.
88.
Additionally, to further increase the NHRI’s financial independence, some additional
safeguards may also be contemplated. For instance, the Draft Act may specify that
the funds allocated may not be reduced in a manner that interferes with the
NHRI’s independence.138 The relevant legislation could also prescribe that the
NHRI itself should submit its budget proposal to the relevant authority and that
this proposal should in principle likewise not be reduced.139 In addition, legal
provisions against unwarranted budgetary cutbacks could be introduced,
132
133
134
135
136
137
138
139
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,
<http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2007)020-e>.
See e.g., op. cit. footnote 107, pars 74-75 (2015 Venice Commission’s Opinion on the Law on the People's Advocate of Moldova).
Op. cit. footnote 9, General Observation 1.10.
ibid. Justification to General Observation 1.10.
See e.g., op. cit. footnote 60, pages 19 and 26 on the accreditation of NHRIs of Montenegro and Canada (SCA Report and
Recommendations of May 2016).
See e.g., Sub-Committee on Accreditation, Report and Recommendations of the Session (November 2015), page 12,
<http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Documents/SCA%20FINAL%20REPORT%20-%20NOVEMBER%202015English.pdf>.
See e.g., op. cit. footnote 107, pars 74-75 (2015 Venice Commission’s Opinion on the Law on the People's Advocate of Moldova).
See e.g., op. cit. footnote 132, pars 8 and 30.VI (2007 Venice Commission’s Opinion on the Possible Reform of the Ombudsman
Institution in Kazakhstan).
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