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.

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