6
Z.
CDL-AD(2013)019
To outline in the Law that a certain number of Higher Committee members shall be
full-time members who, upon the end of their tenure, should be allowed to return to
previous or similar public service posts; [par 54];
AA. To include in the Law provisions on impermissible conflicts of interest in the
exercise of Higher Committee members’ mandates, and the consequences of such
conflict of interest; [par 56];
BB. To consider inserting in the Law a provision foreseeing the appointment of a
Deputy Chairman to replace the Chairman of the Higher Committee in times of
absence; [par 60];
CC. To ensure that important decisions of the Higher Committee are always taken only
when the necessary quorum is present; [par 61];
DD. To permit by law the receipt of additional subsidies for the work of the Higher
Committee, including by international donors, following a fully transparent
procedure; [par 63];
EE. To clarify the difference between the two annual reports mentioned in Article 12 of
the Law, or preferably merge them into one main annual report, which shall be
submitted to the President, all relevant parts of government, the National Assembly
or Parliament, and the public, and which shall ideally be debated in the National
Assembly or Parliament; [par 64];
FF. To ensure that all reports and opinions issued by the Higher Committee are
published; [par 65];
GG. To consider deleting the part of Article 10 of the Law requiring the approval of the
Higher Committee’s rules of organization and procedure by the President; [par 66];
HH. To re-discuss whether the sub-committee hearings shall be open to those
Committee members who are representatives of ministries, to avoid a potential
conflict of interests; [par 68] and
II. To set out in the Law a level of remuneration for members (particularly full-time
members) of the Higher Committee, which should be at a competitive level, and
reflect the special human rights oversight nature of the Higher Committee; and the
high level expertise of its members; [par 70].
IV.
ANALYSIS AND RECOMMENDATIONS
1. Relevant International Standards
12.
Based on Article 1 of the Law, the Higher Committee for Human Rights and
Fundamental Freedoms is responsible for protecting and promoting human rights,
consolidating their values, spreading the human rights culture, and helping guarantee the
exercise of human rights. The Higher Committee thus constitutes a National Human Rights
Institution within the meaning of the United Nations Principles relating to the status of
national institutions, commonly known as the Paris Principles1.
13.
Due to the different nature, mandate and competences of National Human Rights
Institutions all over the world, the Paris Principles do not contain specific international
standards governing such institutions, but rather the basic necessary elements to ensure
functioning National Human Rights Institutions, be it in the form of a human rights
commission, or in the form of a people’s advocate or Ombudsperson. According to the Paris
1
Defined at the first International Workshop on National Institutions for the Promotion and Protection of Human
Rights in Paris 7-9 October 1991, adopted by Human Rights Commission Resolution 1992/54, 1992 and General
Assembly Resolution 48/134, 1993.