9 CDL-AD(2013)019 complaints). Numerous other human rights commissions, both in the OSCE area,8 and in other Mediterranean Partners for Co-operation9, examine, and also directly respond, in some manner or other, to human rights complaints, e.g. by addressing competent public authorities10, or initiating mediation procedures. If the Law means to establish the Higher Committee as the main human rights complaints-handling mechanism in Tunisia, it is recommended to explicitly state therein that the Higher Committee shall be competent to both examine, and respond to complaints and other indications of human rights violations independently by various means listed in the Paris Principles, including reaching amicable settlements through conciliation and mediation, issuing findings on certain human rights situations and complaints, and making recommendations to competent authorities including, e.g., proposals to amend legislation, regulations or administrative practice. Depending on the circumstances of the case, the possibility of forwarding complaints to other competent organs should likewise be maintained. 24. It is further noted that the Higher Committee’s powers to receive and investigate complaints are outlined only very briefly in Article 2 par 3. This provision does not specify the procedure for submitting such complaints and handling them. In order to ensure that individuals, as well as private entities are fully aware of their right to submit complaints to the Higher Committee, and of the ensuing procedures, the deadlines for submitting complaints to the Higher Committee, as well as the time period within which a complaint should be processed, and the list of possible and pertinent actions that the Higher Committee may take in such cases, should be outlined in detail in the Law. The complaints handling procedure and actions taken in response to complaints should be transparent, and decisions, actions and reports/opinions should be publicized as much as possible. The Law should also specify against which bodies such complaints may be directed, particularly whether these shall only be public bodies, or whether, in certain cases, they may also be directed at businesses (e.g. in discrimination cases, or where businesses exercise public functions). 25. Ideally, the Higher Committee should be able to investigate complaints received by individuals, but should also have the right to undertake ex officio investigations into any human rights issues that come to its attention, where required. The investigation of complaints and/or general human rights situations autonomously should be an essential part of its activity. In this context, it is also recommended to mainstream gender equality and women’s rights into all protection strategies, so that the complaints-handling procedure and actions of the Higher Committee also address the particular protection needs of women and girls in the national context. 26. At the same time, confidentiality with regard to the identity and private lives of complainants should be maintained at all times, especially vis-à-vis government, parliament and the public (unless individual complainants waive this right).11 This should be outlined specifically in the Law, with special attention given to the protection and safety of complainants, injured parties and witnesses. 27. In order to ensure the effectiveness of the Higher Committee as a body to promote and protect human rights in Tunisia, this body’s powers to shape human rights policy in the country should be enhanced. As specified in the Paris Principles, the Law should state clearly that the Higher Committee’s tasks shall also include recommendations regarding amendments to legislation and administrative measures, the adoption of new legislation and administrative measures, and ratification of relevant international law instruments. The Higher Committee should also monitor implementation of such legislation and instruments. The Law should generally, in line with the Paris Principles, establish the Higher Committee as an autonomous and independent body with wide competences to respond to all aspects of potential human rights abuse. It is essential that the actual and perceived independence of 8 See, e.g., the powers of inquiry of human rights commissions in Scotland and Ireland (Section 8 of the Scottish Commission for Human Rights Act, and Article 9 of the Irish Human Rights Commission Act), see also Article 17 of National Human Rights Commission of Mongolia Act. 9 See Articles 4, 5 and 7 of the Royal Decree on the creation of the National Human Rights Council of Morocco. 10 See Chapter 2, Protection Strategies, ODIHR Recommendations, Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality, 2012. 11 See, in this context, Article 13 of the Scottish Commission for Human Rights Act.

Select target paragraph3