OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland including but not limited to the principle that compared to the previous year, any reductions in the NHRI’s fund allocation should not exceed the percentage of reduction of the budgets of the Parliament or the Government. 140 89. The NHRI should also be allowed to receive additional funding from external sources, domestic and foreign.141 Article 4 of the Draft Act refers to the provision of services against payment, but does not specify that other sources of funding could be sought. At the same time, General Observation 1.10 emphasizes that funding from external sources should not constitute the NHRI’s core funding, as it should be the State’s responsibility to ensure the NHRI’s core budget. It is not clear to what extent the one million of Swiss Francs are sufficient for the NHRI to carry out its mandate in full independence and in compliance with the Paris Principles. Regarding funding of NHRIs from sources other than the state budget, the Venice Commission has expressly noted that “this may be seen as detrimental to the independence and the appearance of independence of the [NHRI]”.142 90. The Explanatory Statement to the Draft Act specifies that the provision of paid services will allow the NHRI to earn additional funding resources143 to perform its tasks. This, however, carries with it the risk that the topics that the NHRI engages in may be determined by financial considerations, and not based entirely on human rights considerations (see also par 41 supra). To avoid such situations, the allocation made by the Federal Council should be enough to cover the NHRI’s core budget. Moreover, as mentioned in par 41 supra, the Draft Act (or separate act) should provide adequate safeguards to protect against over-commercialization and other undesirable external influences that may threaten the NHRI's proper implementation of its statutory tasks. 91. Finally, the NHRI has the obligation to ensure the coordinated, transparent and accountable management of its funding through regular public financial reporting and a regular annual independent audit,144 and needs to comply with the financial accountability requirements applicable to other independent agencies.145 5.5. The NHRIs’ Annual Reports 92. Article 7 of the Draft Act states that the NHRI shall, every year, prepare an activity report for the Federal Chambers, which shall be published. General Observation 1.11 recommends that the enabling NHRI law shall ensure that such reports are widely circulated, discussed and considered by the legislature, and that the NHRI has the explicit power to table reports directly to the legislature. Such a provision should be introduced to the Draft Act along with an obligation on the side of the Federal Chambers to hold a debate on the NHRI report, for instance at the session which immediately follows the report’s submission to the Federal Chambers. 93. At the same time, the Federal Chambers should not be required to formally adopt such an annual report, since such a vote would indirectly call into question the independence 140 141 142 143 144 145 See e.g., op. cit. footnote 87, par 69 (2016 Venice Commission Opinion on the draft Constitutional Law on the Human Rights Defender of Armenia). Op. cit. footnote 9, General Observation 1.10 and its justification. See op. cit. footnote 107, par 74 (2015 Venice Commission’s Opinion on the Law on the People's Advocate of Moldova). ibid. Sub-Section 2 on page 21 (Explanatory Statement to the Draft Act). Op. cit. footnote 9, General Observation 1.10 and its justification. ibid. General Observation 1.10. 29