15 CDL-AD(2013)019 59. While the running and coordination of the Committee lie within the usual mandate of a Chairman, tasks such as visits to detention centres or inquiry missions should be part of the responsibilities of the Higher Committee as such. They should, within this framework, be undertaken by those members of the Committee that are the most qualified to do so based on their background, expertise and capacities, not only by the Chairman merely as a result of his/her functions. All members of the Higher Committee should be, as far as possible, equally involved in and informed of its activities and tasks, including “missions of inquiry and investigation into human rights issues”. It is recommended to amend the Law to reflect this. 60. Furthermore, instead of having the oldest member of the Committee with a voting right replace the Chairman in times of absence, as stated in Article 2 of the Internal Regulation of the Higher Committee (hereinafter “the Internal Regulation”), the appointment of a Deputy Chairman could be considered, given the size of the Committee. 61. Based on Article 9 of the Law, the Higher Committee decides on its opinions and suggestions in a consensual manner; if this is not possible, by a majority of its members. The necessary quorum for decisions is indicated in Article 8 of the Internal Regulation (half of the members with voting rights should be present). Article 8 of the Internal Regulation also states that in case such quorum could not be met at a meeting, then the meeting shall be postponed. The postponed meeting will then be attended regardless of the quorum present. It should be clear that in cases where a meeting is held without the necessary quorum present, the Higher Committee will not be in a position to take important decisions on, e.g., complaints, inquiries, legal reform, or other key areas of its mandate; such decisions should then be deferred to the next meeting at which a quorum will be present. 62. The ability of the Higher Committee to establish relations with NGOs, and other human rights movements (Article 11), is much welcomed, and directly reflects the guidance provided in the Paris Principles. 63. It is further noted that financial autonomy is set out in Article 1, which presumably is meant to afford the institution the financial independence that the Paris Principles speak of. Generally, financial independence implies that other public authorities should be prevented from having control over the allocation of budgetary funds to the Higher Committee in a manner that interferes with the independence of the latter. To guarantee the Committee’s proper functioning and development, it is important to secure a clear legal basis for it to receive additional subsidies from external, including international donors. In this context, it is important to stress that the grants received may not, however, threaten the Higher Committee’s independence or affect allocations from the state budget; thus, donations should never be linked to or associated with the donors in such a way as to compromise the independence and effectiveness of the Higher Committee. In any case, full transparency for any donation needs to be ensured. Issues concerning the budget of the High Committee should be decided without any involvement of the government. 64. Under Article 12 of the Law, the Higher Committee shall submit an annual report to the President of the Republic, and an annual report on the situation of human rights and fundamental freedoms which is relayed to the public. The difference between the two annual reports is not clearly outlined in the Law, and could perhaps be clarified (though Article 17 of the Rules of Organization states that the former is an annual report on the activities of the Committee). Further, while it is commendable that the report on human rights issues will be published, submitting the report on activities of the Committee only to the President could compromise the Committee’s independence, as it could be seen to be, and may indeed consider itself to be, only accountable to the President. Such report should not only be submitted to the President, but also to other relevant parts of government, the National Assembly or Parliament25, as well as to the public. Possibly, the report on activities of the Committee, and the human rights report could be merged into one annual report. It may also 25 See pars 14 and 15 of the Belgrade Principles on the Relationship between National Human Rights Institutions and Parliaments.