Principle Requirements COMPOSITION (appointment process) Appointment effected by official act Appointment is for a specific duration (but not too short—e.g., two years—as to potentially affect independence and effectiveness) Appointment may be renewable so long as pluralism is ensured Appointment process, duration, renewability and criteria set out in legislation Appointment process supports pluralism and independence ■■ Nominations include input from civil society ■■ Selection process involves parliament ■■ Criteria for selection include demonstrated experience in human rights Conditions for which a member may be dismissed are set out in legislation Conditions relate to serious misconduct, inappropriate conduct, conflict of interest or incapacity only Decision to dismiss requires approval preferably by an autonomous body such as a panel of high court judges or, at a minimum, by a two-thirds majority of parliament If Government officials in membership, they have advisory capacity only Institution reports directly to parliament COMPOSITION (dismissal process) INDEPENDENCE Y N Members have immunity for official acts State funding is sufficient to allow for independent staff and separate premises State funding is sufficient to allow for core programming51 in protection and promotion Funding not subject to financial control, which might affect independence Budget drawn up by the institution Budget separate from any department’s budget Institution has authority to defend budget requests directly before parliament Budget is secure ■■ Not subject to arbitrary reduction in year for which it is approved ■■ Not subject to arbitrary reduction from one year to the next “Core programming” in this context means that the institution has enough funds available to conduct investigations, carry out general outreach programming and publish an annual report. 51 52