OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of Bulgaria IV. ANALYSIS AND RECOMMENDATIONS 1. International Standards on National Human Rights Institutions 11. The term National Human Rights Institution (hereinafter “NHRI”) refers to independent bodies with the mandate to protect and promote human rights. They are “a key component of effective national human rights protection systems and indispensable actors for the sustainable promotion and protection of human rights at the country level”.2 12. Internationally recognized rules on the mandates and competencies of NHRIs can first and foremost be found in the United Nations Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights, the so-called “Paris Principles”.3 Adopted by the UN General Assembly, these principles set out minimum standards on the establishment and functioning of NHRIs, in terms of pluralism, transparency, guarantees of functional and institutional independence and effectiveness “in order [for an NHRI] to be considered credible by its peer institutions and within the UN system”. 4 The implementation of the Paris Principles and evaluation of NHRIs against these principles is undertaken by the Global Alliance of National Human Rights Institution’s (hereinafter “GANHRI”) Sub-Committee on Accreditation (hereinafter “SCA”).5 The SCA publishes reports on the accreditation applications of states, reviews their status and provides them with status accreditation every five years.6 The status of NHRIs may also be reviewed if the legislation regulating them is amended.7 The SCA has also developed “General Observations”, which clarify and further explain the Paris Principles.8 2 3 4 5 6 7 8 See UN High Commissioner for Human Rights, Report to the UN General Assembly (2007), A/62/36, par 15, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/N07/461/09/PDF/N0746109.pdf?OpenElement. The UN Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (hereinafter “the Paris Principles”) were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris (7-9 October 1991), and adopted by UN General Assembly Resolution 48/134 of 20 December 1993, available at http://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfNationalInstitutions.aspx. UNDP-OHCHR, Toolkit for Collaboration with National Human Rights Institutions (hereinafter “UNDP-OHCHR Toolkit”, December 2010), page 242, available at http://www.ohchr.org/Documents/Countries/NHRI/1950-UNDPUHCHR-Toolkit-LR.pdf. The Global Alliance of National Human Rights Institutions (GANHRI), formerly known as the International Coordinating Committee for National Human Rights Institutions (hereinafter “ICC”), was established in 1993 and is the international association of national human rights institutions (NHRIs) from all parts of the globe. The GANHRI promotes and strengthens NHRIs in accordance with the Paris Principles, and provides leadership in the promotion and protection of human rights. Accreditation is the official recognition that an NHRI meets the requirements of or continues to comply with the Paris Principles. The SCA awards A, B or C Status. Status A means that an NHRI is fully in compliance with the Paris Principles and a voting member in the work and meetings on NHRIs internationally; Status B means that the NHRI does not yet fully comply with the Paris Principles or has not yet submitted sufficient documentation in this respect. Status B NHRIs have observer status in the work and meetings of NHRIs; Status C Institutions do not comply with the Paris Principles. The Ombudsman of the Republic of Bulgaria currently has Status B; see Sub-Committee on Accreditation, Report and Recommendations of the Session, 25-28 October 2011 (hereinafter “2011 SCA Report”), pages 7-8, available at http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Documents/SCA%20REPORT%20OCTOBER%202011%20%20FINAL%20(with%20annexes).pdf. The Institution intends to apply for A Status; see also UNDP-OHCHR Toolkit, op. cit. footnote 4, page 256. ibid. UNDP-OHCHR Toolkit, page 241. The latest revised General Observations of the Sub-Committee on Accreditation, as adopted by the ICC Bureau (hereinafter “General Observations”) at its meeting in Geneva on 6-7 May 2013, are available at http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Documents/SCA%20GENERAL%20OBSERVATIONS%20ENGL ISH.pdf. 5