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II. GENERAL PRINCIPLES
2. The independence and impartiality of members of the human rights treaty
bodies is essential for the performance of their duties and responsibilities
and requires that they serve in their personal capacity. Treaty body members
shall not only be independent and impartial, but shall also be seen by a
reasonable observer to be so.
3. R
eal or perceived conflicts of interest and challenges to the requirements of
independence and impartiality may be generated by many factors, such as
a member’s nationality, place of residence, current and past employment,
membership of or affiliation with an organization, or family and social
relations. In addition, conflicts of interest may also arise in relation to the
interest of a State of which a member is a national or resident. Consequently,
a treaty body member shall not be considered to have a real or perceived
conflict of interest as a consequence of his or her race, ethnicity, religion,
gender, disability, colour, descent or any other basis for discrimination as
defined in the core international human rights treaties.
4. Treaty body members commit themselves to abide by the principles of
independence and impartiality when making their solemn declaration under
the relevant treaty.
5. The principle of independence requires that members not be removable
during their term of office, except to the extent that the treaty in question so
provides. They may not be subject to direction or influence of any kind, or to
pressure from the State of their nationality or any other State or its agencies,
and they shall neither seek nor accept instructions from anyone concerning
the performance of their duties. Consequently, members are accountable only
to their own conscience and the relevant treaty body and not to their State or
any other State.
6. C
onsidering that within each treaty body, members are nationals of only
a limited number of States parties, it is important that the election of one
of its nationals to a given treaty body shall not result in, or be thought to
result in, more favourable treatment for the State or States, as the case may
be, of which the member is a national. In this regard, members holding
multiple nationalities shall inform, on their own initiative, the chairperson of
the relevant treaty body and its secretariat accordingly. Members holding
multiple nationalities shall not participate in the consideration of reports,
individual complaints, or take part in visits or inquiries relating to any of the
States of which she or he is a national.
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