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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.
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