OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland capacity. This should not prevent the NHRI from developing and maintaining effective links with relevant ministries, government agencies and the Parliament, although this should be done in a manner that ensures the real and perceived independence of decision-making and operation, and avoids conflicts of interest.97 69. More generally, NHRI functions are not compatible with the performance of other functions or professions, public or private, or with membership in political parties or unions – although certain educational, scientific or artistic activities may be undertaken, provided that they do not impact negatively on the proper performance of the NHRI’s duties, its impartiality and public confidence therein.98 It is recommended to supplement the Draft Act accordingly. 70. The Draft Act should also expressly state that members of the governing body serve in their own individual capacity rather than on behalf of the organization that they represent (see General Observation 1.8). According to applicable international good practice, to protect the NHRI’s real and perceived independence, members of its governing body should not take part in decisions in cases where they may have an actual or perceived conflict of interest. On several occasions, the SubCommittee on Accreditation has encouraged NHRIs to advocate for the inclusion of express legal provisions protecting against such conflicts.99 Members should be required to disclose such conflicts of interest and to withdraw from discussions and decisions where these arise. The Draft Act (or a separate act) should reflect this. 71. The Draft Act should also specify the duration of the mandates of members of the governing body. In its General Observation 2.2, the Sub-Committee on Accreditation advocates for a term of three to seven years, which may be renewed once. 100 At the same time, if there is no possibility of renewal, this could further enhance the institutional independence, as members would not be affected by the possibility of future re-appointment.101 In any case, for the sake of clarity, the legislator should specify the duration of the term of office of members of the governing body and whether their mandates are renewable once or not. 72. Pursuant to General Observation 2.2., the underlying NHRI legislation should provide that members of its governing body include full-time remunerated members. This helps ensure the independence of the NHRI, a stable tenure for the members, regular and appropriate direction for staff, and the on-going and effective fulfilment of the NHRI’s functions.102 The legal drafters should supplement the Draft Act by providing that some, if not all members of the leadership body, shall work full-time and be adequately remunerated. In cases where some members of the Board only serve in a part-time capacity, any other professional activity that they engage in needs to be such as to allow the proper performance of the NHRI’s duties, its independence and impartiality and public confidence therein. 73. As to the level of their remuneration, it would be advisable, and more in keeping with the independence of the NHRI, if the terms of remuneration would be stated 97 98 99 100 101 102 ibid. Justification to General Observations 1.7. Venice Commission, the Commissioner for Human Rights and the Directorate General of Human Rights of the Council of Europe, Joint Opinion on the Draft Law on the Ombudsman of Serbia, adopted by the Venice Commission at its 61st Plenary Session (Venice, 3-4 December 2004), CDL-AD(2004)041, par 13, <http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2004)041-e>. See e.g., op. cit. footnote 60, pages 16 and 31 (SCA Report and Recommendations of May 2016). Op. cit. footnote 9, General Observation 2.2. See op. cit. footnote 64, par 43 (2013 OSCE/ODIHR-Venice Commission Joint Opinion on the Law relating to the Higher Committee for Human Rights and Fundamental Freedoms of Tunisia). Op. cit. footnote 9, General Observation 2.2 and Justification. 23