OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland regarding the status and dismissal of its members. The Federal Commission against Racism (FCR) was also accredited with C status in March 2010, likewise due to its lack of independence from the Government, the fact that it does not have its own premises and the gaps in the enabling legislation, particularly regarding the selection, appointment and dismissal process of the FCR’s members, among others.37 Some of these key findings are particularly relevant to this Opinion since, in the Draft Act, the lawmakers seem to have adopted, to a certain extent, a similar approach. 28. It is worth emphasizing that in its First Report on the Status of Implementation of the UN CRPD from June 2016,38 the Federal Council specified that in the context of establishing a future NHRI, the issue of monitoring the implementation of the UN CRPD should also be reviewed, given the shortcomings identified regarding the existing implementation mechanisms. The Explanatory Statement is silent as to this aspect and it is not clear whether the new NHRI of Switzerland will play a role in that respect or whether the FBED will continue to serve as NIMM for the UN CRPD. At the same time, the Draft Act also does not specifically provide the NHRI with a formal legal mandate as NIMM, as recommended by General Observation 2.9. If the New NHRI is to serve as NIMM, the Draft Act should be supplemented accordingly, while specifying that such a mandate encompasses the promotion and protection of the rights of persons with disabilities and the monitoring of the implementation of the CRPD (Article 33 par 2 of the CRPD). Moreover, sufficient funding should be provided to allow this new body to have the adequate human, financial, material and technical capacity to guarantee the proper implementation of its mandate both as NHRI and as NIMM. In this case, additional resources and capacities should also be allocated to the NHRI, to ensure that its staff possesses the appropriate skills and expertise to fulfil this part of its mandate as well. 29. Article 3 par 2 (d) of the Draft Act provides that the NHRI will be in charge of promoting dialogue and collaboration between departments and organizations involved in the implementation and promotion of human rights. As it stands, however, the Draft Act does not elaborate on the specific relationships between the NHRI and the abovementioned existing federal human rights bodies in Switzerland. In this context, General Observation 1.5 specifies that “NHRIs should develop, formalize and maintain working relationships, as appropriate, with other domestic institutions established for the promotion and protection of human rights, including […] thematic institutions, as well as civil society and non-governmental organizations”. This means that NHRIs should co-operate with and support the functions of other institutions that work on human rights issues, directly or indirectly.39 While the intention is there, the Draft Act or another separate act should be more specific and elaborate upon the relationships between the NHRIs and the other domestic institutions in charge of the promotion and protection of human rights, the division of competences between them and modalities of their co-operation. Furthermore, practice has shown that in States that have both an NHRI in compliance with the Paris Principles and other human rights institutions dealing with specialized thematic areas, formal work arrangements such as MoUs are put in place to ensure good coordination and collaboration. 37 38 39 See SCA, Report and Recommendations of the Session (March 2010), pages 11-12, <http://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/Documents/SCA%20REPORT%20MARCH%202010%20%20FINAL%20%28with%20annexes%29.pdf>. Available at <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fCHE%2f1&Lang=en>; see particularly pars 207 and 208. See op. cit. footnote 16, page 144 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions). 11